Elk Grove City Council
Regular Meeting, July 27, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, July 27, 2022
CALL TO ORDER / ROLL CALL
May
or Singh-Allen called the regular City Council meeting of July 27, 2022, to order at 6:03 p.m.
Pr
esent: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Abs
ent: None.
Vi
ce Mayor Suen led the Pledge of Allegiance.
May
or Singh-Allen asked that a moment of silence be observed.
APPROVAL OF CITY COUNCIL AGENDA
Motion: M/S Suen/ Hume to approve 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 M
ayor Singh- Allen presented a proclamation declaring August 2022 as Diversity Awareness Month to members of the Diversity and Inclusion Commission.
4.2 W
ith the aid of a visual presentation (filed), Carrie Monti, Management Analyst, provided an update on the City’s efforts to honor Officer Tyler “Ty” Lenehan.
4.3 D
epartment heads introduced New Hire Introductions of the prior quarter.
PUBLIC COMMENT:
Bob T
urner raised concern of poor road surfacing treatments being installed by contractors working with utility providers in the vicinity of Polhemus Drive and Nut Tree Court.
Publ
ic Works Director Jeffrey Werner stated staff were meeting with the utility provider to explore options to address the issues raised regarding the quality of surfacing treatment.
Elk Grove City Council
Regular Meeting, July 27, 2022
Lynn Wheat raised concerns of amendments to the General Plan, and concerns of changes under the General Plan U pdate that altered or removed special plan areas.
Ms. Wheat observed in materials related to consideration of a sales tax increase there was a stated objective to i mprove emergency response times, which she believed was contrary to response time objectives under General Plan Policies.
Durriya Syed provided information regarding the California Low -Cost Auto Insurance program offered by the California Department of Insurance.
Joseph Delacruz shared his personal testimony in transitioning out of homelessness, and asked the community to be open minded in seeking opportunities to assist others.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for July 27, 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/
S Nguyen/Suen to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Agenda Item No. 7.1 : R
eceived Treasurer’s Report and Other Post -Employment
Retirement Benefits (OPEB) Report for June 2022.
Agenda Item No. 7.2 : R
eceived 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.
Agenda Item No. 7.3 : A
pproved City Council meeting minutes of the June 22, 2022 special and regular meetings and the June 8, 2022 regular meeting.
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 Cos t Accounting Act, filed through July 19, 2022.
Agenda Item No. 7.5 : R
eceived report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7.6 : A
dopted Ordinance No. 17- 2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003- 2 (Police Elk Grove City Council
Regular Meeting, July 27, 2022
Services) (Annexation No. 60) and amending Elk Grove Municipal Code Section
3.19.010 (Second Reading).
Agenda Item No. 7.7 : A
dopted Ordinance No. 18-2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006- 1 (Maintenance Services) (Annexation No. 80) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading).
Agenda Item No. 7.8 :
Adopted 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).
Agenda Item No. 7.9 : A
dopted: 1) Resolution No. 2022 -175 declaring intention to annex territory to Community Facilities District No. 2003-2 (Police Services) and to levy a special tax to pay for police services for the 9840 Farris Lane, 9290 Kliever Way Map, and Poppy Grove Apartments Projects (Annexation No. 62); 2) Resolution No. 2022 -176 declaring intention to annex territory to Community Facilities District No. 2003 -2 (Police Services) and to levy a special tax to pay for police services for the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects (Annexation No. 63); 3) Resolution No. 2022-177 declaring intention to annex territory to Community Facilities District No. 2006- 1 (Maintenance Services) and to levy a special tax to pay for maintenance services for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 83) ; 4) Resolution No. 2022-178 declaring intention to annex territory to Street Maintenance District No. 1, Zone 3- AI 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); 5) Resolution No. 2022-179 declaring intention to 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) ; 6) Resolution No. 2022 -180 declaring intention to 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 7) Resolution No. 2022 -181 declaring intention to 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).
Agenda Item No. 7.10: A
dopted Resolution No. 2022 -182 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.
Agenda Item No. 7.11 : R
eceived and filed the FY 2021- 2026 Capital Improvement Program Quarterly Status Report for the Fourth Quarter of FY 2021-22.
Agenda Item No. 7.12: A
dopted Resolution No. 2022-183 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.
Elk Grove City Council
Regular Meeting, July 27, 2022
Agenda Item No. 7.13: A
dopted Resolution No. 2 022-184 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.
Agenda Item No. 7.14 : A
dopted Resolution No. 2022 -185 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 [for a total expenditure of funds over the term of the contract not-to-exceed $261,000].
Agenda Item No. 7
.15: Adopted Resolution No. 2022 -186 dispensing with the formal bidding procedure pursuant to Elk Grove Municipal 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.
Agenda Item No. 7.1 6: A
dopted Resolution No. 2022-187 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.
Agenda Ite
m No. 7.17: Adopted Resolution No. 2022-188 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).
Agenda Item No. 7.18 : A
dopted Resolution No. 2022-189 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.
Agen
da Item No. 7.19: Adopted Resolution No. 2022-190 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.
Agenda Item No. 7.20 : A
dopted Resolution No. 2022-191 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 ( for a total not -to-exceed amount of $495,000 through July 31, 2025).
Elk Grove City Council
Regular Meeting, July 27, 2022
Agenda Item No. 7.21 : R eviewed the Proclamation of Local Emergency in the City of Elk Grove.
PUBLIC HEARINGS
Agenda Item No. 8.1 : 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).
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 meet 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 unavai lable 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.
With the aid of visual presentations (filed), Sarah Bontrager, Housing and Public Services Manager, provided an overview of permanent supporting housing, and Kyra Killingsworth, Senior Planner, provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
With the aid of a visual presentation (filed), the applicant team , Dana Trujillo with Excelerate Housing Group, and Erin Johansen , with Hope Cooperative Services, provided an overview of the project, application process to date, and services provided .
Ms. Trujillo believed the primary issue was the requirement for commercial uses on the ground floor, and options to maintain the number of affordable units to meet that requirement were not financially feasible (either an increase to the number of floors or utilizing stilts and extending into the back of the property). She stated the project design was intended to make the ground floor facing commercial in nature to meet the pedestrian-oriented design criteria, and she noted that the project would serve members of the disabled population where it would be beneficial to have residential units on the ground floor. Ms. Trujillo noted that the application to the state for financing only required 17 of the 66 units in the project to use coordinated- entry, so targeted outreach could be done for the remaining units.
In reply to Vice Mayor Suen, revenues for the project came from individuals housed in the units (who were assisted to file for benefits such as state disability ), and revenues for making rent came through the Sacramento Housing and Redevelopment Agency Elk Grove City Council
Regular Meeting, July 27, 2022
(SHRA) through the housing choice voucher program (through the program residents pay 30% of the rent through the income they can provide, and the balance was paid by SHRA).
With the aid of a visual presentation (filed), and written comments (filed), Karen Hallock, attorney with DLA Piper representing the project applicant, noted the intent of the applicant was to seek the streamlined approval process through Senate Bill 35 ( SB 35) to expedite affordable housing projects. Under SB 35 a project must be approved through a ministerial process if the project meets applicable, objective development standards. The Planning Commission determined that the project met all but the land use standard, and that was the basis of the applicant’s appeal. Ms. Hallock believed the design plans with office use fronting Elk Grove Boulevard and 19 residential units on the ground fl oor complied with the intent and spirit of the Old Town Special Planning Area (OTSPA) requiring pedestrian- oriented uses, such as office and services, along Elk Grove Boulevard. The OTSPA allowed for multi -family mixed use with residential uses on the second and third floor, and the applicant sought a waiver of this development standard. She believed the staff report portrayed the OTSPA Table 2 prohibition of ground floor residential uses not as a development standard, but rather a fundamental land use standard that cannot be waived. She believed that under density bonus law the matter was not of land use or zoning, but a development standard, and the restriction of residential uses on a multi -family site was a site condition relating the location of a permitted use. She noted in May 2022 the City had approved a market rate, multi-family project in the OTSPA with residential uses on the ground floor. She believed a waiver must be granted as the matter was a development standard. She addressed that the request could be approved as a concession or incentive, noting the applicant submitted a letter on July 13, 2022 that provided a pro forma analysis that without the concession of allowing residential on the ground floor the project would result in a $1 million cost deficit. Ms. Hallock r equested granting the density bonus waiver, granting the appeal, and approving the project.
PUBLIC COMMENT:
Lori Cain voiced support for the staff recommendation, and addressed the appeal letter noting the basis of the Planning Commission decision was not based on prospective tenants, and the applicant had been given due process.
Joe Cain voiced support for the staff recommendation, addressed the appeal letter, voiced disagreement with representations of commercial use that an office serving only residents of the facility (and subsequent residential uses) was not a pedestrian oriented commercial use. Mr. Cain believed the applicant should work with the City to identify a better location for the project, and consider turning the current site into a park.
Jean Sadler raised concern of persons served, as a supportive housing qualification was at least one disabling condition ( including mental health or substance abuse) and the provider would likely need to canvass all of Sacramento County for meeting requirements and not necessarily prioritize Elk Grove homeless . She did not believe the facility was good fit for the area considering limited access to medical services or low cost shopping alternatives. Ms. Sadler noted most Elk Grove homeless were Elk Grove City Council
Regular Meeting, July 27, 2022
families that a studio based facility w ould not be able to house, and she recommended building a complex to serve families, or consider units for those without disabilities.
Mary Popish voiced support for the project , and noted Miles Popish had also sent correspondence in support, noting the need for affordable housing. She believed the location provided needed services and the project would support a diverse clientele.
Ms. Popish noted the homeless navigator did well to place individuals into housing, but there were no facilities to direct individuals to in Elk Grove.
Penelope Leonard, owner of the property and Little Red Schoolhouse across the street, voiced support of the staff recommendation, submitted a letter (filed), and did not believe the location was appropriate for such a facility across from a preschool. She raised concern that t rain crossings occurred twenty-two times per day creating traffi c jams along Elk Grove Boulevard, which would impact response times of medical services responding to the proposed facility.
Mike Guttridge voiced support of the staff recommendation, submitted a news clipping (filed) and believed the location was not appropriate for such a facility and an alternative location should be considered.
Ben Upton voiced support of the staff recommendation, he believed the concept of the project was good but it should be in a more appropriate location, suggesting property he owned on Elk Grove-Florin Road.
Randy O’Rourke, a property owner of the Old Mercantile Building , believed state and City policies allowed such a proposal to move this far into the process, but a project of this scope should be built in another location.
Joe Madruga, a property owner of the house adjacent to the project site , noted the home had been renovated into a business and he raised concern for the safety of those at the business and children in vicinity of the proposed facility primarily serving male individuals with mental health and/ or substance abuse issues. Mr. Madruga believed SB 35 bypassed safeguards reserved to local agencies.
Jackie Perez, a business owner adjacent to the project property, believed this project would negatively affect the walkability and safety of community, and expressed concerns of personal safety to the community, h erself, and employees of the business, which she believed would place a dampener on business interest in Old Town.
Dee Madruga, a property owner of the house adjacent to the project site, expressed concern for safety in proximity to the facility, noted the incompatibility of a three story building adjacent to single story home site, and believed the project should be considered at an alternate location.
William Myers stated there was no association between permanent supportive housing and crime rates, and believed the discussion should be fram ed as a project of compassion to help others by reaching out to assist the disabled and the poor.
Elk Grove City Council
Regular Meeting, July 27, 2022
Lynn Wheat voiced support for the project, and though agreeing the project was not consistent with the standards, to consider delay ing the project to amend the regulations to allow the project. She believed the City was economically segregated, placing all affordable units along Bruceville Road. Ms. Wheat supported placing elevators in three story units, and connecting facilities to necessary infrastructure such as sidewalk access.
Alan Veto III, a business operator and property owner in Old Town, voiced support of the staff recommendation, r aised concern of housing individuals with substance abuse issues into the Old Town area that sought an emerging, night life environment that he believed was non-compatible with a rehabilitation facility. Mr. Veto raised c oncerns of the approach of the applicant to not engage with residents, and believed a better location could be identified that placed the facility away from businesses that serve d alcohol.
Alan Veto, Jr. believed new ideas and programs were needed to inspire those encountering homelessnes s and substance abuse, and based on his experience in trying to improve the Old Town area, the practice of providing only housing and support services was not producing results. Mr. Veto believed the proposed facility was not a good fit with the surrounding uses in Old Town, and raised concern of emergency medical access to the facility due to traffic on Elk Grove Boulevard.
Alexandria Albers voiced support for the project, noting the central location in proximity to services and amenities, and encouraged compassion to assist and house the growing homeless population.
Kendra Lewis, Executive Director with the Sacramento Housing Alliance (SHA), voiced support for the project, sharing stories of individuals facing homelessness, commended the services provided by Hope Cooperative Services, and voiced the continuing commitment of SHA to work with the City on the Housing Element.
Brandy Belasco , a business owner across fr om the project site, raised concerns of personal safety for herself and her employees, and believed the placement of such a facility would quell interest to invest in businesses in the Old Town area.
The applicant passed on the opportunity to provide closing remarks.
Mayor Singh-Allen declared the public hearing closed.
City Attorney Jonathan Hobbs noted the matter being asked to decide under SB 35 was the standard as to whether the project complied with the City’s objective standards . He noted there was no dispute the project did not comply in meeting the objective standards as the project s ought to place residential uses on ground floor which conflicted with the OTSPA, and led to the request by the applicant seek ing waiver of a development standar d. The statute that governed the development standard waiver included matters such as site and construction conditions, and has the phrase “including but not limited to” which was fairly typical language in statute. The p roblem with including land use provisions under that statute is that when examining the types of standards that can be waived, specific development standard terms were listed as Elk Grove City Council
Regular Meeting, July 27, 2022
examples. Mr. Hobbs noted a basic tenet when examining general language of phrasing such as “including but not limited to” there were related examples of specific items, and the phrase was limited by the specific language which served as a guide for what else would be included . The items “ not limited to ” have to relate to the specific items. The distinction was important regarding land use, as cities have historic and constitutionally endowed land use authority , and the State Legislature , under Government Code Section 65800, clarified the state’s intent to provide only a minimum of limitation of local zoning. The City’s police power under the California Constitution (Article XI, Section 7), and embodied by case law , including the example of Big Creek Lumber vs County of Santa Cruz , 38 Cal 4 th 1139, illustrated the broad land use authority of cities. The legislature can pre-empt such authority, but when the state does that, the state needs to speak with clarity and precision as to what was being pre- empted. When reading the definition of development standards, Mr. Hobbs did not see that it would pre- empt land use authority, and development standards deal t primarily with setbacks and height restrictions, not what was being requested by the applicant .
The request was for a deviation from the zoning of the City , and the definition of development standard did not apply to provide for such waiver. As a matter of statutory construction under state law it was just not available. Mr. Hobbs responded to the presentation suggestion by the applicant representative for relief from the zoning code provisions under government Code Section 65915(d)(1), a different statute about concessions an d incentives. Staff initially thought that the initial application was a request for concessions and/or incentives of the applicant initially, but later in late May 2022 the applicant’s attorney clarified the applicant was not seeking a concession or incentive, but specifically a waiver. Staff analyzed the application as a waiver, staff abandoned analysis of a concession or incentive, and the applicant had abandoned a concession and/or incentive. This was reinformed by a letter sent July 13, 2022 that the applicant was not seeking a concession or incentive as they did not want to provide a cost analysis, but that same letter indicated there would be a cost savings of not having residential on the ground floor to the amount of $2 million (noting if no resident ial was permitted on the ground floor the project would not be manageable in a financially feasible way). Mr. Hobbs noted court rulings treat construction cost savings and project feasibility differently, and when looking at cost savings for concessions and incentives only construction cost savings were taken into consideration. He noted the evidence in record there would not be construction cost savings if a concession or incentive was granted, but also emphasized a concession or incentive approach was abandoned by the applicant . Focusing on the development standard waiver, state law did not allow waiver of fundamental land use. The applicant posed the matter was not land use, but a development standard dictating where types of use are going to be, with the requirements of the OTSPA requiring residential on the second floor under the zoning code, and commercial on the first floor under t he zoning code. Mr. Hobbs addressed the market rate unit referenced by the applicant that was approved with commercial on the ground floor for the front facing units and residential units at the back, and explained that project was a traditional design review project where the Planning Commission (and potentially the City Council) had discretion. He noted the applicant could apply for a traditional land use process subject to the California Environmental Quality Act (CEQA), and review by the Planning Commission (which would include more discretion on design and location) . The applicant chose SB 35 as a process, and this process dictated looking at the objective standards. The applicant statement that the project met the “intent and spirit” was not the manner to look at objective standards to determine if Elk Grove City Council
Regular Meeting, July 27, 2022
the standard applies or if it does not apply. The project does not meet the objective standard for ground floor commercial. The only manner to get to an approval required a waiver, but a waiver was not available under state law for this project. The project does not comply with the objective standards and the waiver was not available for this project.
Council Member Hume noted SB 35 was a method for the state to expedite placement of very-low and low affordability housing, but stated his preference for the project to come forward in the usual manner. He noted t he density bonus would make this one acre in Old Town the most densely developed parcel in all of Elk Grove, and though the design held interesting elements it was not quite a fit for the Old Town area. He believed if the applicant had brought forward the project in the usual manner there would be increased opportunities to discuss elements such as parking or preferred, alternative sites, but when going under the process of SB 35 it limit ed the review of the project. Ground floor commercial zoning existed to revitalize Old Town as a downtown area, and he concurred with the staff recommendation that the p roject did not meet the objective standards.
Vice Mayor Suen observed Elk Grove has excelled in providing affordable housing units in the region , and though SB 35 removed elements of local review, it could not disregard local land use authority. He encouraged the c ommunity to come together to address homelessness , noting that facilities seeking financing required proximity to amenities. He reflected that a year ago a similar discussion for a site seeking the SB 35 process was proposed on the west side of the City . He also provided the example of a proposal for a transitional home in a n eighborhood that was met with initial opposition, but once the project moved forward there were no issues at the site and no calls for service had been made to date. Mr. Suen noted Elk Grove had three transitional homes, and encouraged the public to become acquainted with the struggles homeless encounter, and to see the success of facilities and the assistance they provide with no disruption to neighbors.
Council Member Spease believed alternative sites should be evaluated. He put forth an admonishment to members of the participating audience that may have displayed disrespect to public speaker Lynn Wheat , a long- time resident, participant in local government, and advocate for the community, and he encouraged members of the public to stay respectfully engaged such as Ms. Wheat has done over the years .
Mr. Spease stated the project did not meet the objective criteria of the OTSPA, and he did not support the request of a developmental standard waiver.
Council Member Nguyen praised the work and efforts of the applicant as commendable, as housing and wrap around services were needed, but the project d id not meet the objective standards.
Mayor Singh- Allen observed the process was one of compassion, and that being homeless or poor was not a cri me. She expressed optimism to partner with the applicant in ways to address homelessness, and as there were many aspects of those experiencing homelessness, she encouraged understanding first before yielding to fear for safety or misunderstanding of the variety of people facing homelessness. Mayor Elk Grove City Council
Regular Meeting, July 27, 2022
Singh-Allen concurred with the staff recommendation, and wished to continue working with the community to find solutions to homelessness.
Motion: M/ S Hume/Suen to adopt Resolution No. 2022 -192 finding the Project denial exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15270 (Projects Which Are Disapproved); denying the appeal and affirming the Planning Commission’s finding that the Project does not meet the City’s objective zoning standards, and therefore is not eligible for Senate Bill 35 ministerial review; denying the request for a development standard waiver; denying the requested density bonus as moot and unavailable in light of the denial of the development standard waiver; and finding that an Affordable Housing Regulatory Agreement is not applicable to the Project, as denied, and is moot. The motion passed by the following vote:
Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
N
OTE: The City Council recessed at 8:57 p.m. The regular City Council meeting reconvened at 9:05 p.m. with all Council Members present.
Agenda Item No. 8.2 :
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 Maps 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).
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.
With the aid of a visual presentation (filed), Antonio Ablog, Planning Manager, provided an overview of the staff report and recommendations.
Mayor Singh-Allen declared the public hearing open.
Brian Cooley, applicant representative, voiced support for the staff recommendation.
PUBLIC COMMENT:
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Suen/ Hume to introduce and waive the full reading, by substation of title only, Ordinance No. 20 -2022 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 a pproving a Development Agreement with Richland Planned Communities, Inc. and Beazer Homes Elk Grove City Council
Regular Meeting, July 27, 2022
Holdings, LLC. 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 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.
RECOMMENDATION
Adopt a 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.
With the aid of a visual presentation (fi led), Marsha Ley, Accounting Manager, provided an overview of the staff report and recommendation. Ms. Ley noted owners had the ability to make payments which would remove those parcels from the direct levy list, and owners had until July 28, 2022 to make such payments.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT:
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Hume/Nguyen to adopt Resolution No. 2022 -193 confirming and approving the Report of Delinquent Solid Waste and Storm Drain Utility Charges as may be amended for payments made on or prior to July 28, 2022 (the “Report”) and requesting Sacramento County to collect such charges on the Fiscal Year 2022- 23 tax roll. 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 : C
onduct 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. 2006-1 (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.
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.
Elk Grove City Council
Regular Meeting, July 27, 2022
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, Warda 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.
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 2003-2 Annexation 61.
PUBLIC COMMENT:
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #A-
1: M/S Hume/Nguyen to adopt Resolution No. 2022-194 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. 2003- 2 (Police 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 Jason Lindgren announced of 1,262 possible votes, 1,262 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.
Elk Grove City Council
Regular Meeting, July 27, 2022
Motion #A- 2: M/S Hume/Nguyen to adopt Resolution No. 2022-195 declaring results of the special election held on July 27, 2022, for the sixty -first annexation to Community Facilities District No. 2003 -2 (Police 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 Hume/Nguyen to introduce and waive the full reading, by substation of title only, Ordinance No. 21 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 61) and amending Elk Grove Municipal Code Section 3.18.010. 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 CFD 2006-1 Annexation 82.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #B-
1: M/S Nguyen/Hume to adopt Resolution No. 2022-196 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 1,264 possible votes, 1,264 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 #B-
2: M/S Nguyen/Suen to adopt Resolution No. 2022 -197 declaring results of the special election held on July 27, 2022, for the eighty -second 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 Spease); Noes: 0; Absent: 0.
Motion #B-
3: M/S Nguyen/Suen to introduce and waive the full reading, by substation of title only, Ordinance No. 22 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 82) 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 Street Maintenance District Zone No. 1 – Zone 2-I (Annexation No. 9).
PUBLIC COMMENT
Elk Grove City Council
Regular Meeting, July 27, 2022
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 294 possible votes (weighted according to the proportional financial obligation for each property), 294 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 C:
M/S Nguyen/Suen to adopt Resolution No. 2022 -198 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 2-I (Annexation No. 9).
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 Street Maintenance District Zone No. 1 – Zone 3-AH (Annexation No.45).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority pr otest. Of 780 possible votes (weighted according to the proportional financial obligation for each property), 780 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 D:
M/S Nguyen/Suen to adopt Resolution No. 2022 -199 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 3-AH (Annexation No. 45).
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 p ublic hearing open for Storm Water Drainage Fee Zone 2, Annexation 55.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 1,264 possible votes (weighted according to the proportional financial obligation for each property), 1,264 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 Elk Grove City Council
Regular Meeting, July 27, 2022
resolution determining to levy assessments in the district was available for Council consideration.
Motion E: M/
S Nguyen/Suen to adopt Resolution No. 2022 -200 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 55) . The motion passed by the following vote: Ayes: 5 (Singh -Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Agenda Item No. 9.1 : C
onsider 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.
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, establishing policies and procedures in connection with such an election, approving the accompanying Ordinance, and requesting the County of Sacramento conduct such an election.
With the aid of a visual presentation (filed), Kara Reddig, Deputy City Manager , Kurt Below with FM3 Research, and Jason Behrmann, City Manager provided an overview of the staff report and recommended actions. Mr. Behrmann noted a request had been received from Region Business to amend the enacting ordinance to include a provision for a local banking requirement to hold at least 25% of funds raised through the tax in community banking institutions.
PUBLIC COMMENT:
Liz Irons voiced support of the staff rec ommendation for a tax increase to provide bicycle patrols by the police department, address homelessness, provide improvement to parks and assist with beautification efforts , and provide for construction of a performing arts center. Ms. Irons believed the tax would provide for enhancements to the community, and she noted Elk Grove had the lowest sales tax in the region.
Paul Lindsey raised concern that sales tax was a regressive tax across all economic segments, that Sacramento County had a lso proposed a sales tax increase, and now was not the time to consider such a tax until the economy improved.
Orlana Van Zandt appreciated inclusion of the Regional Initiative Supporting Entrepreneurship ( RISE) local banking provision, and stated Sacramento Region Business Association’s endorsement in support of the sales tax.
Elk Grove City Council
Regular Meeting, July 27, 2022
Vaug
hn Evans, Sr. opposed increasing taxes, sharing his experience as a disabled veteran on a fixed income dealing with inflation, high gasoline prices, and increasing fees and taxes for services and utilities. Mr. Evans believed an increased sales tax would negatively impact the homeless, and likely push more people into homelessness.
The C
ity Council deliberated on the matter, noting the action of the item would place the measure on the November 2022 ballot for the voters to decide. The polling data displayed indications of community support of a sales tax increase to provide for increased services. The City Council supported inclusion of the local banking provisions as requested by the Sacramento Region Business Association.
Counc
il Member Hume recognized the quality of life benefits realized by regional local agencies that had passed recent sales tax increases , but noted in the context of the current financial environment, and that individuals were already making difficult economic decisions, he could not support even asking the question.
Ci
ty Manager Behrmann clarified that in California sales tax does not apply to prescription drugs and groceries.
Motion: M/S Nguyen/Suen to adopt Resolution No. 2022 -201 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, establishing policies and procedures in connection with such an election, approving the accompanying Ordinance, and requesting the County of Sacramento conduct such an election as amended. The motion passed by at least a 2/3 vote of the full City Council: Ayes: 4 (Singh-Allen, Suen, Nguyen, and Spease); Noes: 1 (Hume); Absent: 0.
Not
e: Exhibit A contains the language of Ordinance No. 23 -2022 which will be the basis of the impartial analysis for Measure E presented to the voters at the November 8, 2022 General Municipal Election.
Agenda Item No. 9.2: Consider appointment of six voting members to the Youth Commission.
RECOMMENDATION
Receive information from Mayor Singh- Allen, with the approval of the City Council, regarding appointment of six voting members to the Youth Commission.
Ci
ty Clerk Jason Lindgren p rovided an overview of the staff report and recommended action.
PUBLIC COMMENT:
Jay
don Chen, Purok Tahzeeb, Ethan Lipsie, Ohm Shah , Prathem Rangwala, Priyam Rangwala, Lindsey Ngo spoke as applicants seeking appointment to the Youth Commission.
Elk Grove City Council
Regular Meeting, July 27, 2022
Kas
si Parsons believed that appointment of applicants that were younger provided those appointees time to become acclimated to the Youth Commission and to contribute over a longer period of time.
May
or Singh-Allen, with the approval of the City Council, appointed Ohm Shah, Lindsey Ngo, Ethan Lipsie, Pratham Rangwala, Purok Tahzeeb, and Jaydon Chen to the Youth Commission.
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 attended the Sacramento Regional Transit District (RT) Board meeting.
May
or Singh- Allen attend ed the Sacramento Transportation Authority (STA) Board meeting and noted the Sacramento County Transportation Maintenance, Safety and Congestion Relief Act of 2022 and the associated Memorandum of Understanding were approved.
ADJOURNMENT
Wi
th no additional business to conduct, the July 27, 2022 City Council meeting was adjourned at 10:34 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR