Elk Grove City Council
Regular Meeting, September 14, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, September 14, 2022
CALL TO ORDER / ROLL CALL
May
or Singh- Allen called the regular City Council meeting of September 14 , 2022, to order at 6:16 p.m.
Pr
esent: Mayor Singh- Allen, Vice Mayor Suen, and Council Members Hume and Spease.
Abs
ent: Council Member Nguyen.
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 Hume/Suen to approve the agenda as presented. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0;
Absent: 1 (Nguyen).
CLOSED SESSION
None.
PRESENTATIONS / ANNOUNCEMENTS
4.1 Mayor Singh- Allen presented a proclamation recognizing the 25 th Anniversary of the Neil Reitman Pediatric Burn Institute, 100 th Anniversary of Shriners Children’s, and the 150 th Anniversary of the Shriners International Fraternity to Russell Godt and Kelsey Morgado of Shriners Children’s Northern California.
4.2 With the aid of a visual presentation (filed) Mark Mendenhall provided the Trails Committee Annual Update.
PUBLIC COMMENT:
Jonat
han Mills addressed actions of Animal Control enforcement related to the dog Zeus that was scheduled to be euthanized. He raised concern of the process, legal fees to stop the action, and believed the City Council should read the reports and allow a hearing on the matter. Mr. Mills believed the process to date was based on City codes that were unclear regarding dangerous animal guidelines, and raised concern that City representatives treated the owner of Zeus differently because of her race.
Elk Grove City Council
Regular Meeting, September 14, 2022
Far
yal Kabir requested staying any action to euthanize her dog Zeus. Ms. Kabir described her experience of the process of having her dog taken away while awaiting proceeding processes, noting her willingness to continue to pay for each day Zeus remained in the shelter until the matter was resolved.
Dom
inique Parke and Sam Jones spoke on behalf of the Elk Grove Aquatics Club and expressed thanks to the City Council for the Aquatic Center at District56 facility that hosted the Western Zones Age Group Championships Tournament in August 2022.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for September 14 , 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/S Spease/Suen to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
Agenda Item No. 7 .1: Approved City Council meeting minutes of the: 1) August 29, 2022 special meeting, 2) July 27, 2022 regular meeting, 3) August 17, 2022 special meeting, and 4) August 24, 2022 special and regular meetings.
Agenda Item 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 September 6, 2022.
Agenda Item No. 7 .3: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7. 4: Reviewed Proclamation of Local Emergency in the City of Elk Grove.
Agenda Item No. 7.5 : Adopted Resolution No. 2022-224 authorizing acceptance of a grant award in the amount of $252,058 from the Senate Bill 1383 Local Assistance Grant Program through the State of California Department of Resources Recycling and Recovery (CalRecycle) and amending the FY 2022-23 Budget.
Agenda Item No. 7. 6: Adopted Resolution No. 2022 -225 approving the SR99 Pedestrian Bridge Trespassing Restrictions Project (WMI009) and amending the Fiscal Year 2022-2027 Capital Improvement Program and 2022-23 Budget by $30,000 (CEQA Exempt).
Agenda Item No. 7. 7: Adopted Resolution No. 2022-226 authorizing the City Manager to execute the First Amendment to the agreement with Wilton Rancheria Gaming Authority Elk Grove City Council
Regular Meeting, September 14, 2022
to provide temporary and part-time services from uniformed Elk Grove Police Department officers working overtime.
Agenda Item No. 7.8
: Adopted Resolution No. 2022-227 formally waiving the two-year waiting period requirement of the City of Elk Grove Facility Naming Policy and waiving the residency requirement for the Military Street Banner Program to honor Officer Tyler “Ty” Lenehan.
PUBLIC HEARINGS
Agenda Item No. 8. 1: 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 9840 Farris Lane, 9290 Kliever Way Map, and Poppy Grove Apartments Projects (Annexation No. 62) and the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects (Annexation No. 63); Community Facilities District No. 2006-1 (Maintenance Services) for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 83); Street Maintenance District No. 1, Zone 3-AI for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 46) ; Street Maintenance District No. 1, Zone 5- T for the Poppy Grove Apart ments Project (Annexation No. 23); Street Maintenance District No. 1, Zone 5- U for the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects (Annexation No. 24); and Storm Water Drainage Fee Zone 2 for the 9840 Farris Lane and 9290 Kliever Way Map Projects (Annexation No. 56) 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 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 9840 Farris Lane, 9290 Kliever Way, and Poppy Grove Apartments Projects.
A-2. Adopt resolution declaring the results of the special election held on September 14, 2022, for the sixty -second 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 territory annexed to Community Facilities District No. 2003- 2 (Police Services) (Annexation No. 62) and amending Elk Grove Municipal Code Section 3.18.010.
B-1. Adopt 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 Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects.
B-2. Adopt resolution declaring the results of the special election held on September 14, 2022, for the sixty -third annexation to Community Facilities District No. 2003- 2 (Police Services).
B-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. 2003- 2 (Police Services) (Annexation No. 63) and amending Elk Grove Municipal Code Section 3.18.010.
Elk Grove City Council
Regular Meeting, September 14, 2022
C-1. Adopt 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 9840 Farris Lane and 9290 Kliever Way Projects.
C-2. Adopt resolution declaring the results of the special election held on September 14, 2022, for the eighty -third annexation to Community Facilities District No. 2006-1 (Maintenance Services).
C-3. Introduce and waive the full reading, by substitution of title only, of an ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1(Maintenance Services) (Annexation No. 83) and amending Elk Grove Municipal Code Section 3.19.010.
D. Adopt resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 3-AI (Annexation No. 46) for the 9840 Farris Lane and 9290 Kliever Way Projects.
E. Adopt resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 5-T (Annexation No. 23) for the Poppy Grove Apartments Project.
F. Adopt resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 5-U (Annexation No. 24) for the Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects.
G. Adopt resolution determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 56) for the 9840 Farris Lane and 9290 Kliever Way 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 62.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #A-1: M/S Suen/Spease to adopt Resolution No. 2022 -228 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 9840 Farris Lane, 9290 Kliever Way, and Poppy Grove Apartments Projects. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
City Clerk Jason Lindgren announced of 390 possible votes, 390 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/Spease to adopt Resolution No. 2022 -229 declaring results of the special election held on September 14, 2022, for the sixty-second annexation to Community Facilities District No. 2003-2 ( Police Services). The motion passed by the Elk Grove City Council
Regular Meeting, September 14, 2022
following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease ); Noes: 0; Absent:
1 (Nguyen).
Motion #A-3: M/S Suen/Spease to introduce and waive the full reading, by substation of title only, Ordinance No. 24 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 62) and amending Elk Grove Municipal Code Section 3.18.010. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease ); Noes: 0; Absent:
1 (Nguyen).
Mayor Singh-Allen declared the public hearing open for CFD 2003-2, Annexation 63.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #B-1: M/S Suen/Spease to adopt Resolution No. 2022 -230 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 Souza Dairy (Units 1, 2, 3, and 4) and Esplanade West Projects. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0;
Absent: 1 (Nguyen).
City Clerk Lindgren announced of 1,041 possible votes, 1.041 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 Suen/Spease to adopt Resolution No. 2022 -231 declaring results of the special election held on September 14, 2022, for the sixty- third annexation to Community Facilities District No. 2003-2 ( Police Services). The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease ); Noes: 0; Absent:
1 (Nguyen).
Motion #B-3: M/S Suen/Spease to introduce and waive the full reading, by substation of title only, Ordinance No. 25 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 63) and amending Elk Grove Municipal Code Section 3.18.010. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease ); Noes: 0; Absent:
1 (Nguyen).
Mayor Singh-Allen declared the public hearing open for CFD 2006-1, Annexation 83.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Elk Grove City Council
Regular Meeting, September 14, 2022
Motion #C- 1: M/S Suen/Spease to adopt Resolution No. 2022 -232 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 9840 Farris Lane and 9290 Kliever Way Projects. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
City Clerk Lindgren announced of three possible votes, three 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 #C-2: M/S Suen/Spease to adopt Resolution No. 2022 -233 declaring results of the special election held on September 14 , 2022, for the eighty -third annexation to Community Facilities District No. 2006-1 (Maintenance Services). The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0;
Absent: 1 (Nguyen).
Motion #C-3: M/S Suen/Spease to introduce and waive the full reading, by substation of title only, Ordinance No. 26 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1(Maintenance Services) (Annexation No. 83) and amending Elk Grove Municipal Code Section 3.19.010. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0;
Absent: 1 (Nguyen).
Mayor Singh- Allen declared the public hearing open for Street Maintenance District Zone No. 1 – Zone 3-AI (Annexation No. 46).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of three possible votes (weighted according to the proportional financial obligation for each property), three affirmative votes were returned. The ballots approved the proposed assessments and the proposed inflation adjustment limits described for the parcels identified in the ballots.
A resolution determining to levy assessments in the district was available for Council consideration.
Motion D: M/S Suen/Spease to adopt Resolution No. 2022 -234 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 3-AI (Annexation No. 46).
The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
Mayor Singh- Allen declared the public hearing open for Street Maintenance District Zone No. 1 – Zone 5-T (Annexation No. 23).
Elk Grove City Council
Regular Meeting, September 14, 2022
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 387 possible votes (weighted according to the proportional financial obligation for each property), 387 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 assessment s in the district was available for Council consideration.
Motion E: M/S Suen/Spease to adopt Resolution No. 2022 -235 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 5-T (Annexation No. 23).
The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
Mayor Singh- Allen declared the public hearing open for Street Maintenance District Zone No. 1 – Zone 5-U (Annexation No. 24).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 1,041 possible votes (weighted according to the proportional financial obligation for each property), 1,041 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 F: M/S Suen/Spease to adopt Resolution No. 2022 -236 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 5-U (Annexation No. 24).
The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
Mayor Singh- Allen declared the public hearing open for Storm Water Drainage Fee Zone 2 (Annexation No. 56).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of three possible votes (weighted according to the proportional financial obligation for each property), three 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 assessment s in the district was available for Council consideration.
Elk Grove City Council
Regular Meeting, September 14, 2022
Motion G: M/S Suen/Spease to adopt Resolution No. 2022 -237 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 56) . The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Agenda Item No. 9.1 : Receive information and consider an ordinance ratifying and adopting the Amended and Restated Agreement of Formation of the Sacramento Metropolitan Cable Television Commission and amending Chapter 5.50 of the Elk Grove Municipal Code to incorporate Sacramento County Chapter 5.50 into the Elk Grove Municipal Code by reference.
RECOMMENDATION
Introduce and waive the full reading, by substitution of title only, an ordinance ratifying and adopting the Amended and Restated Agreement of Formation of the Sacramento Metropolitan Cable Television Commission and amending Chapter 5.50 of the Elk Grove Municipal Code to incorporate Sacramento County Code Chapter 5.50 into the Elk Grove Municipal Code by reference.
Wi
th the aid of a visual presentation (filed), Aishwarya Kumar , Management Analyst, provided an overview of the staff report.
PUBLIC COMMENT
None.
Motion: M/S Spease/Suen to introduce and waive the full reading, by substation of title only, Ordinance No. 27- 2022 ratifying and adopting the Amended and Restated Agreement of Formation of the Sacramento Metropolitan Cable Television Commission and amending Chapter 5.50 of the Elk Grove Municipal Code to incorporate Sacramento County Code Chapter 5.50 into the Elk Grove Municipal Code by reference. The motion passed by the following vote: Ayes: 4 (Singh-Allen, Suen, Hume, and Spease); Noes: 0; Absent: 1 (Nguyen).
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vi
ce Mayor Suen and Council Member Spease had no items to report.
Counc
il Member Hume attended the Sacramento Regional County Sanitation District Board of Directors meeting, noting a discussion for local agencies to consider policies and potential credits of fees for tiny home utility connections.
May
or Singh- Allen inquired when the next report would be coming forward from the Homelessness Strategies Ad Hoc Committee.
Dev
elopment Services Director Darren Wilson noted staff were scheduling the next meeting for the Homelessness Strategies Ad Hoc Committee.
Elk Grove City Council
Regular Meeting, September 14, 2022
ADJOURNMENT
Wi
th no additional business to conduct, the September 14, 2022 City Council meeting was adjourned at 7:15 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR