Elk Grove City Council
Regular Meeting, September 28, 2022
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, September 28, 2022
CALL TO ORDER / ROLL CALL
May
or Singh- Allen called the regular City Council meeting of September 28, 2022, to order at 6:16 p.m.
Pr
esent: Mayor Singh-Allen, Vice Mayor Suen, and Council Members Hume, Nguyen, and Spease.
Abs
ent: None.
Counc
il Member Nguyen 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 Nguyen/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 in recognition of Hispanic Heritage Month to Nitza Medina-Garcia.
4.2 The presentation of a proclamation recognizing September 2022 as Prostate Cancer Awareness Month was postponed as recipient Rollie Swingle was not able to attend.
4.3 Vice Mayor Suen presented a proclamation declaring October 2022 as Community Planning Month to Planning Manager Antonio Ablog and Development Services Planning and Strategic Planning and Innovation staff. Planning Commissioner George Murphey expressed thanks to Development Services Planning and Strategic Planning and Innovation staff.
4.4 W
ith the aid of a visual presentation (filed), Nan Mahon presented the Arts Commission Annual Update
Elk Grove City Council
Regular Meeting, September 28, 2022
PUBLIC COMMENT:
Aimie McIrvin , Faryal Kabir, Harish Manchanda, Robyn (no last name provided), and Juan Portillo spoke in support of the release of the dog Zeus from the Elk Grove Animal Shelter.
Mayor Singh- Allen noted information was available on the City website regarding the matters related to the dog Zeus.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for September 28 , 2022 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Council Member Hume asked in relation to Item 7.9 that staff raise the concern to ensure adequate supply of newly required types of appliances when considering mandates for building electrification efforts.
In relation to Item 7.13, Public Works Director Jeffrey Werner noted the City was not bound to utilize the Rapid Connect Installation of Crown Castle Fiber , rather the Memorandum of Understanding (MOU) allowed the firm to use such technology in City streets (a proprietary technology to the firm, and tested by the City). The nature of the fiber installation currently supported small cell deployments, and there was some additional fiber in the installation available for other uses (including set asides for some fiber strands for use by the City under the MOU) . Mr. Werner noted the City was still evaluating fiber deployments, and City use of fiber was focused on a City operated deployment (while private industry continues to pursue individual deployments).
Council Member Hume did not want the City to miss the ability to consider a franchise fee component to fiber installations.
Director of Strategic Planning and Innovation Christopher Jordan noted an upcoming agenda item in October would consider a grant for evaluating policies and programs for advancing digital equity and broadband service provision.
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: Received the Treasurer’s Report and Other Post -Employment Retirement Benefits (OPEB) Report for August 2022.
Agenda Item No. 7 .2: Received the Monthly Disbursement Summary and AP Check Register Listing for August 1, 2022, through August 31, 2022, showing Automatic Clearing House Nos. 20338 through 20425; General Warrant Nos.133635 through 134043; and Electronic Fund Transfer Nos. 90072395 through 90072425.
Elk Grove City Council
Regular Meeting, September 28, 2022
Agenda Item No. 7.3: A pproved the City Council meeting minutes of the September 14, 2022 special and regular meetings.
Agenda Item No. 7.4 : Re ceived 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 20, 2022.
Agenda Item No. 7.5: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7. 6: Adopted 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 (Second Reading).
Agenda Item No. 7. 7: A
dopted 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 (Second Reading).
Agenda Item No. 7. 8: Ad
opted 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 (Second Reading).
Agenda Item No. 7.9
: Adopted Resolution No. 2022-238 authorizing the City Manager to approve participation as an additional agency by executing the Memorandum of Understanding between the City of Sacramento, the County of Sacramento, and the Sacramento Municipal Utility District regarding coordination and cooperation on building electrification efforts.
Agenda Item No. 7.10:
Adopted Resolution No. 2022-239 declaring intention to annex territory to Community Facilities District No. 2006 -1 (Maintenance Services) and to levy a special tax to pay for maintenance services (Annexation No. 85) pursuant to the Benefit Assessment Act of 1982 for the Souza Dairy (Units 1, 2, 3, and 4) Project.
Agenda Item No. 7. 11
: Adopted Resolution No. 2022 -240 authorizing the Cit y Manager to execute a Reimbursement Agreement for Dedication of Park Land Dedication in the Southeast Policy Area with Big Horn RBVP, LP a California limited partnership, for public land dedicated to the City through the Souza Dairy Tentative Map (PLNG-20-056); and finding that the dedication of the Souza Dairy Park Sites to the Cosumnes Community Services District is consistent with the General Plan pursuant to Government Code Section 65402.
Agenda Item No. 7. 12
: Adopted Resolution No. 2022 -241 authorizing the City Manager to execute a Credit Reimbursement Agreement with Reynen & Bardis Construction, LLC, for privately constructed public facilities included in the Elk Grove Roadway Fee Program.
Elk Grove City Council
Regular Meeting, September 28, 2022
Agenda Item No. 7. 13 : Adopted Resolution No. 2022 -242 authorizing the City Manager to execute a Memorandum of Understanding between the City of Elk Grove and Crown Castle Fiber LLC Regarding Rapid Connect Installation.
Agenda Item No. 7. 14
: Adopted Resolution No. 2022 -243 authorizing the City Manager to enter into a one-year lease agreement with Teen Center USA for use of the City facility at 8978 Elk Grove Boulevard (CEQA Exempt).
Agenda Item No. 7. 15
: Adopted Resolution No. 2022 -244 authorizing the City Manager to accept grant funding for concentrated traffic enforcement strategies from the California Office of Traffic Safety and amend the Police Department’s budget to appropriate grant funds up to the amount of $408,500.
Agenda Item No. 7.16:
Adopted Resolution No. 2022 -245 dispensing with the formal bidding procedure per Elk Grove Municipal Code Section 3.42.180(B)(4) and authorizing the City Manager to execute a contract with U -Rock Utility Equipment, Inc., a California corporation, for the purchase of one Envirosight closed circuit television storm drain inspection truck (CCTV truck) in an amount not-to-exceed $295,000.
Agenda Item No. 7.17:
Adopted Resolution No. 2022 -246 dispensing with the formal request for proposal procedures pursuant to Elk Grove Municipal Code Section
3.42.140(B)(3) and authorizing the City Manager to execute a contract for a Comprehensive Classification and Compensation Study with Gallagher Benefit Services, Inc., for a term of two years, in an amount not to exceed $210,290.
Agenda Item No. 7. 18
: Adopted Resolution No. 2022 -247 authorizing the City Manager to execute the Elk Grove Aquatic Center Management and Operational Agreement with the Cosumnes Community Services District.
Agenda Item No. 7. 19
: Adopted Resolution No. 20 22-248 authorizing the City Manager to execute the First Amendment to Contract #C -20-557 with Granicus, LLC for Short-Term Rental monitoring and Transient Occupancy Tax Collection Services, extending the contract for a term of two years with an optional one- year extension (through September 30, 2025) in the amount of $68,339.13 [for a total not -to-exceed amount of $110,853.13].
Agenda Item No. 7. 20
: Adopted Resolution No. 2022 -249 authorizing the City Manager to accept grant funding for an educational bicycle safety campaign for young riders from the California Office of Traffic Safety and amend the Office of Strategic Planning and Innovation’s budget to appropriate grant funds up to the amount of $100,000.
PUBLIC HEARINGS
Agenda Item No. 8.1 : A public hearing to adopt 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 Elk Grove City Council
Regular Meeting, September 28, 2022
incorporate Sacramento County Code Chapter 5.50 into the Elk Grove Municipal Code by reference (Second Reading).
RECOMMENDATION
Adopt 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 5.50 into the Elk Grove Municipal Code by reference (Second Reading).
Aishwarya Kumar, Management Analyst, provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Nguyen/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: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Agenda Item No. 8.2 : A public hearing to consider an ordinance approving the First Amendment to the Richland Communities Laguna Ridge Development Agreement (PLNG22-048) (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 and authorizing the City Manager to execute the First Amendment to the Richland Communities Laguna Ridge Development Agreement (PLNG22-048).
With the aid of a visual presentation (filed), Antonio Ablog, Planning Manager , provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
Mr. Ablog noted the applicant representative was not able to attend the meeting.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Elk Grove City Council
Regular Meeting, September 28, 2022
Motion: M/ S Suen/Spease to introduce and waive the full reading, by substation of title only, Ordinance No. 28-2022 finding no further environmental review is required pursuant to State CEQA guidelines Section 15162 and authorizing the City Manager to execute the First Amendment to the Richland Communities Laguna Ridge Development Agreement (PLNG22-048). The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Agenda It
em No. 8.3 : A public hearing to consider a resolution approving the Fiscal Year 2021- 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (CEQA Exempt).
RECOMMENDATION
Adopt resolution approving the Fiscal Year 2021- 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Alicia Tutt, Housing and Grant Specialist , provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Suen/Nguyen to adopt Resolution No. 2022 -250 approving the Fiscal Year 2021- 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) . 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: 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 Madeira South Village 5 Project (Annexation 64); to Community Facilities District No. 2006- 1 (Maintenance Services) for the Bendel Place Warehouse Project (Annexation 84); to Street Maintenance District No. 1, Zone 5-V for the Madeira South Village 5 Project; and to Storm Water Drainage Fee Zone 2 for the Bendel Place Warehouse Project; 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 Madeira South Village 5 Project.
A-2. Adopt resolution declaring the results of the special election held on September 28, 2022, for the sixty -fourth annexation to Community Facilities District No. 2003 -2 (Police Services).
Elk Grove City Council
Regular Meeting, September 28, 2022
A-3. Introduce and waive the full reading, by substitution of title only, an ordinance levying and apportioning the special tax in the sixty- fourth annexation to Community Facilities District No. 2003-2 (Police Services) and amending Elk Grove Municipal Code Section 3.18.010.
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 Bendel Place Warehouse Project.
B-2. Adopt a resolution declaring the results of the special election held on September 28, 2022, for the eighty -fourth 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 territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 84) and amending Elk Grove Municipal Code Section 3.19.010.
C. Adopt a resolution determining to levy assessments in Street Maintenance District No. 1 – Zone 5-V (Annexation No. 25) for the Madeira South Village 5 Project.
D. Adopt a resolution determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 57) for the Bendel Place Warehouse Project.
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 64.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #A-1: M/S Hume/Suen to adopt Resolution No. 2022 -251 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. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
City Clerk Jason Lindgren announced of 52 possible votes, 52 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 Hume/Suen to adopt Resolution No. 2022-252 declaring results of the special election held on September 28, 2022, for the sixty- fourth 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/Suen to introduce and waive the full reading, by substation of title only, Ordinance No. 29 -2022 levying and apportioning the special tax in territory Elk Grove City Council
Regular Meeting, September 28, 2022
annexed to Community Facilities District No. 2003-2 (Police Services) (Annexation No. 64) 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.
Mayor Singh-Allen declared the public hearing open for CFD 2006-1, Annexation 84.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion #B-1: M/S Hume/Suen to adopt Resolution No. 2022 -253 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.
City Clerk Lindgren announced of one possible vote, one affirmative vote w as 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 Hume/Suen to adopt Resolution No. 2022-254 declaring results of the special election held on September 28, 2022, for the eighty-fourth 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 Hume/Suen to introduce and waive the full reading, by substation of title only, Ordinance No. 30 -2022 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1(Maintenance Services) (Annexation No. 84) and amending Elk Grove Municipal Code Section 3.19.010. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen , and Spease ); Noes: 0; Absent: 0.
Mayor Singh- Allen declared the public hearing open for Street Maintenance District Zone No. 1 – Zone 5-V (Annexation No. 25).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of 52 possible votes (weighted according to the proportional financial obligation for each property), 52 affirmative votes were returned. The ballots approved the proposed assessments and the propos ed 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.
Elk Grove City Council
Regular Meeting, September 28, 2022
Motion C : M/S Hume/Suen to adopt Resolution No. 2022 -255 determining to levy assessments in Street Maintenance District Zone No. 1 – Zone 5-V (Annexation No. 25).
The motion passed by the following vote: Ayes: 5 (Singh-Allen, Suen, Hume, Nguyen, and Spease); Noes: 0; Absent: 0.
Mayor Singh- Allen declared the public hearing open for Storm Water Drainage Fee Zone 2 (Annexation No. 57).
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
City Clerk Lindgren stated there was no majority protest. Of one possible vote (weighted according to the proportional financial obligation for the property), one affirmative vote was 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 Hume/Suen to adopt Resolution No. 2022 -256 determining to levy assessments in Storm Water Drainage Fee Zone 2 (Annexation No. 57). 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
None.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vice Mayor Suen and Council Member Hume had no items to report.
Council Member Spease requested information on the process for residents to receive notifications of street closures and traffic advisories.
Council Member Nguyen attended an Autumn Moon Festival and movie night event, and attended a movie night event hosted at District56.
Mayor Singh-Allen attended the Uncorked & Uncapped 2022 event hosted by Explore Elk Grove.
ADJOURNMENT
With no additional business to conduct, the September 28, 2022 City Council meeting was adjourned at 7:28 p.m. in memory of Shelly Clark-Dixon.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR