Elk Grove City Council
Regular Meeting, May 24, 2023
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, May 24, 2023
CALL TO ORDER / ROLL CALL
May
or Singh-Allen called the regular City Council meeting of May 24, 2023, to order at 6:01 p.m.
Pr
esent: Mayor Singh- Allen, Vice Mayor Spease, and Council Members Brewer and Robles.
Abs
ent: Council Member Suen (Council Member Suen arrived at 7:19 p.m.).
Jas
on Jong 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 Spease/Brewer to move consideration of Section 10 (Council Comments / Reports / Future Agenda Items) prior to receiving the City Manager’s General Administration Information report under Section 6, and approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 4 (Singh- Allen, Spease, Brewer, and Robles); Noes: 0; Absent: 1 (Suen).
CLOSED SESSION
None.
PRESENTATIONS / ANNOUNCEMENTS
4.1 M
ayor Singh-Allen presented proclamations recognizing May as Asian American and Pacific Islander Heritage Month to Jason Jong, and to representatives of Lao Family Community Development and CEO Kathy Chao Rothberg.
4.2 V
ice Mayor Spease presented a proclamation recognizing May 12, 2023 as Child Care Provider Appreciation Day to Tracey Stack, Executive Director of Child Action, Inc., and Pat Alexander, a Family Child Care Home Provider in Elk Grove.
PUBLIC COMMENT:
Ki
rk Thomson spoke in opposition to particular content in books and materials available in public school libraries, which he believed was pornographic in nature, and believed such materials should be removed.
Elk Grove City Council
Regular Meeting, May 24, 2023
Mayor Singh-Allen noted that the Elk Grove Unified School District Board of Trustees would be the public entity to engage regarding curriculum content at local schools.
Suzanne Pecci requested the City Code of Ethics, adopted by Resolution No. 2005-119, be discussed and reviewed by the City Council.
Estrella Drake s
ubmitted comments (filed), Kimberly Mendoza (visual presentation filed), Katherine Mendoza (visual presentation filed), and Stacie P. requested the City provide additional resources for veterinary care to provide spay and neuter services to address feral cat colonies in Elk Grove. Speakers noted the benefits of Trap Neuter Release to reduce feral cat populations, displayed City expenditures they believed could be reduced or eliminated to provide the funding for additional veterinary care, questioned the availability of contract veterinary services to address feral cat colonies, suggested grants that could be pursued, and noted the psychological and emotional relief to current animal services staff as a result of expanded staffing.
A
llan Veto addressed Council Member Robles being cited for driving under the influence, noted the dangers of drinking and driving, and believed Mr. Robles could learn from the experience and be an agent of change to address societal issues of drinking and driving.
Mark Graham inquired why wrought iron fencing was installed in the parking lot of the 8380 and 8400 Laguna Springs Drive campus, and submitted comments (filed) regarding the City Council’s authority to respond to questions and comments made on items not on the agenda under the Brown Act.
Note: Section 10, Council Comments / Reports / Future Agenda Items, was considered prior to receiving the City Manager’s General Administration Information report under Section 6 as noted under the Approval of the Agenda.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vice Mayor Spease, Council Member Brewer, and Mayor Singh-Allen addressed Council Member Robles, offering their support to assist him through the process of making amends. Mayor Singh-Allen expressed disappointment of the choice to get into a vehicle when various options were available for safe passage home, and offered a memorial patch of Officer Ty Lenehan to serve as a reminder that actions have consequences.
Council Member Robles expressed his regret and apologized for the incident, expressed appreciation to the officers involved that handled the situation with professionalism , and stated his commitment to making amends and taking necessary steps to becoming a better person and public servant.
Note: The City Council recessed from 7:12 p.m. to 7:18 p.m.
Note: Council Member Suen arrived at 7:19 p.m.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for May 24, 2023 (filed).
Elk Grove City Council
Regular Meeting, May 24, 2023
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/
S Brewer/Spease to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Singh -Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 7.1 : A
pproved City Council meeting minutes of the May 10 , 2023 special and regular meetings.
Agenda Item No. 7.2: 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 Cost Accounting Act, filed through May 16, 2023.
Agenda Item No. 7.3: R
eceived report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7.4 : Re
ceived the Monthly Disbursement Summary and AP Check
Register Listing for April 1, 2023, through April 30, 2023, showing Automatic Clearing House Nos. 21110 through 21195; General Warrant Nos. 136842 through 137250; and Electronic Fund Transfer Nos. 90072562 through 90072583.
Agenda Item No. 7.5: A
dopted Ordinance No. 09-2023 levying and apportioning the special tax in the sixty -seventh annexation to Community Facilities District No. 2003 -2 (Police Services) and amending Elk Grove Municipal Code Section 3.18.010 (Second Reading).
Agenda Item No. 7.6 : A
dopted Ordinance No. 10-2023 levying and apportioning the special tax in the sixty -seventh annexation to Community Facilit ies District No. 2006-1 (Maintenance Services) and amending Elk Grove Municipal Code Section 3. 19.010 (Second Reading).
Agenda Item No. 7.7: A
dopted Resolution No. 2023-116 authorizing the City Manager to execute a six-year contract with an optional three-year extension with Maze & Associates for Annual Financial Audit Services for a total contract amount not to exceed $1,008,900 over a nine-year period.
Agenda Item No. 7.8 : A
dopted Resolution No. 2023 -117 authorizing the Finance Director to sell or otherwise dispose of surplus City property in the form of Law Enforcement Vehicles and Law Enforcement Equipment.
Agenda Item No. 7.9 : A
dopted Resolution No. 2023 -118 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.188(B)(3), and authorizing the City Manager to execute a three- year contract extension with Central Square Technologies (Superion, LLC), Inc. for Citywide software products and services in an amount of $1,232,545.75, for a total compensation amount not to exceed $9,033,882.75.
Elk Grove City Council
Regular Meeting, May 24, 2023
Agenda Item No. 7.10 : R eceived and filed the FY 2022- 2027 Capital Improvement Program Quarterly Status Report for the Third Quarter of Fiscal Year 2022-23.
Agenda Item No. 7.11: Adopted Resolution No. 2023-119 approving Pavement Repairs – Grant Line Road (MP2304) and 2023 Pavement Slurry Seal and Resurfacing Phase 4 (WPR023) Projects; authorizing the City Manager to execute a construction contract with A.
Teichert & Son, Inc. for the Pavement Repairs – Grant Line Road (MP2304) and 2023 Pavement Slurry Seal and Resurfacing Phase 4 (WPR023) Projects in the amount of $1,647,167.15; authorizing the City Engineer to approve change orders not -to-exceed $164,720; and authorizing the City Manager to execute a construction contract with the second lowest bidder, if the first lowest bidder does not meet filing obligations (CEQA Exempt).
Agenda Item No. 7.12: Adopted Resolution No. 2023-120 approving the 8380 and 8400 Laguna Palms Way Tenant Improvements (WFC038) (WFC039) Projects – Phase 1 Procure and Install Heating, Ventilation and Air Conditioning (HVAC) Units; authorizing the City Manager to execute a construction contract with Mesa Energy Systems, Inc. for the Projects in the amount of $999,500; authorizing the City Engineer to approve change orders not -to-exceed $100,000; and authorizing the City Manager to execute a construction contract with the second lowest bidder, if the first lowest bidder does not meet filing obligations (CEQA Exempt).
Agenda Item No. 7.13: Adopted Resolution No. 2023-121 authorizing the City Manager to execute master services contracts with KCM Engineering, Inc.; Unico Engineering, Inc.; Psomas; Dewberry Engineering, Inc., and NV5, Inc. for On- Call Constructio n Management Services, each in an amount not to exceed $5,000,000.
Agenda Item No. 7. 14: Adopted Resolution No. 2023 -122 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.188(B)(3) and authorizing the City Manager to execute an amendment to the contract with Azteca Systems, LLC, for the licensing and maintenance of the Cityworks Computerized Maintenance Management System for the Public Works Department, for a total six-year not-to-exceed amount of $616,997.51.
Agenda Item No. 7. 15: Adopted Resolution No. 2023 -123 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.140(B)(3) and authorizing the City Manager to execute an amendment to the contract with Rockwood Consulting for city newsletter services (Contract No. C -20-233) extending the term for a period of one year and authorizing additional expenditures of $119,240 [for a total expenditure of funds over the contract term not to exceed $411,860].
Agenda Item No. 7. 16: Adopted Resolution No. 2023 -124 opposing the Taxpayer Protection and Government Accountability Act (Initiative AG# 21-0042A1).
PUBLIC HEARINGS
Agenda Item No. 8.1: A
Public Hearing to consider a resolution confirming the Laguna West Service Area Fiscal Year 2023-24 Annual Report and ordering the levy for the Laguna West Service Area (formerly County Service Area No. 5) for Fiscal Year 2023-24.
Elk Grove City Council
Regular Meeting, May 24, 2023
RECOMMENDATION
Adopt resolution confirming the Laguna West Service Area Fiscal Year 2023- 24 Annual Report and ordering the levy for Laguna West Service Area (formerly County Service Area No. 5) for Fiscal Year 2023-24.
With the aid of a visual presentation (filed), Renee Autar, Finance Analyst II, 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 Spease/Robles to adopt Resolution No. 2023-125 confirming the Laguna West Service Area Fiscal Year 2023-24 Annual Report and ordering the levy for Laguna West Service Area (formerly County Service Area No. 5) for Fiscal Year 2023- 24. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
Agenda Item No. 9.1: C
onsider a resolution levying the Fiscal Year 2023-24 Special Taxes or Special Assessments for Seven Community Facilities and Special Districts.
RECOMMENDATION
Adopt resolution levying the Fiscal Year 2023-24 Special Taxes or Special Assessments for seven Community Facilities Districts (“CFD”) and other Special Districts.
With the aid of a visual presentation (filed), Renee Autar, Finance Analyst II, provided an overview of the staff report and presentation.
PUBLIC COMMENT
None.
Motion:
M/S Spease/Brewer to adopt Resolution No. 2023-126 levying the Fiscal Year 2023-24 Special Taxes or Special Assessments for seven Community Facilities Districts (“CFD”) and other Special Districts. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 9.2: C
onsider an ordinance amending the City of Elk Grove Zoning Map, and a resolution approving a Tentative Subdivision Map, Design Review for Subdivision Layout, and Tree Removal Permit for the Pleasant Grove Estates Project (PLNG22-040) (No Further Environmental Review Required) (Continued from April 26, 2023).
RECOMMENDATION
Receive information from staff and take the following actions:
Elk Grove City Council
Regular Meeting, May 24, 2023
1) 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 15183 and approving rezone for the Pleasant Grove Estates Project (PLNG22- 040); Assessor’s Parcel Number 127-0110-024); and
2) Adopt resolution finding no further environmental review is necessary for the Pleasant Grove Estates Project pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and approving a Tentative Subdivision Map, Design Review for Subdivision Layout, and Tree Removal Permit to subdivide one parcel totaling ±31.4 gross acres into 14 new single residential parcels, one detention basin, and one remainder lot as described in Exhibit A and shown on Exhibit B to the Resolution.
With the aid of a visual presentation (filed), Joseph Daguman, Associate Planner , provided an overview of the staff report and presentation.
With the aid of a visual presentation (filed), Jeff Werner, Public Works Director, provided an overview of drainage conditions in the vicinity of the project.
Eric Nutall, applicant representative, expressed appreciation for the outreach conducted and time invested over the past month, and he believed the project would result in having a positive effect on overall drainage in the area. He detailed tree mitigation for the site, noting that Tree 3905 designated to be removed was one continually topped due to the SMUD power lines overhead and the arborist report of the tree on the health scale (Level 1 indicating an unhealthy tree and Level 5 indicating a healthy tree) ranked Tree 3905 at Level 2. The project included mitigation to include new trees (for a 20” tree, mitigation could be met by providing one new tree per two inches, so ten were planned to be planted), and it was anticipated there would be additional trees added during the build out of the lots. He stated that root systems can be impacted by road alignments, and the current roadway layout was optimal to reduce impacts to trees on site. Mr. Nuttal confirmed that for all lots created the right to farm would be preserved.
PUBLIC COMMENT:
Lynne Jackson believed the 1.4-1.6 acre lots w ould have increased run-off and did not believe the detention basin was adequate for the number of impervious structures planned for the property. Ms. Jackson believed California Environmental Quality Act (CEQA) guidelines had only been addressed for the project site, but did not consider impacts on adjacent lands, and conditions were needed to address downstream effects.
Suzanne Pecci believed the analysis and City practices were dismissive of comments on flooding and drainage in the rural area, inquiring if the City had responded to a recent complaint of a neighbor filling a detention basin and canal. Ms. Pecci did not believe adequate review of the project was conducted under CEQA, she believed 2.5 acre lots were the minimum that should be allowed for domestic well serv ice, and she held concerns about service with well and septic for the smaller size lots contemplated regarding water levels and water quality.
Jerry Jackson believed the drainage study was greatly under -estimated and the project would result in enhanced run-off from th e project that would not be detained on- site, Elk Grove City Council
Regular Meeting, May 24, 2023
current drainage capacity downstream would be exceeded and make adjacent properties unusable, and would create an inverse condemnation of downstream property owners ’ use of their land.
Dayle Imperato believed immediate neighbors concerns were not being addressed, she believed the detention basin adjacent to her property would devalue her property, she believed a 25’ setback should be required of the detention basin with no poisonous plants along property lines, secure fencing should be installed , and soil testing should be conducted.
Dennis Albiani received confirmation that a berm would be conditioned to be installed between the project site and the school, and believed that the roadway and drainage alignments could impact the tree drip line and root zone of Tree 3903 and suggested re- routing the interior road elsewhere on the project site.
Eric Nutall, applicant representative, stated no variances were requested for the project and all submitted plans met the City’s standards. He addressed drainage of the project noting the engineering solution would improve on-site conditions with less than half the outflow of current conditions. The project anticipated inclusion of planting over 200 new tress throughout the property at build- out (and allocations of ten free trees had been secured per property) which would also improve site drainage and water retention, and retention basins were often utilized in developments also serving as open space amenities enjoyed by residents. Mr. Nuttal stated alternative road alignments had been evaluated but found not feasible, an d it would be required to implement tree root preservation systems for Tree 3903 during construction.
Council Member Suen suggested consideration to slightly adjust the road alignment to meander around the root system as needed to aid in preservation of Tree 3903.
Mayor Singh-Allen read a written statement submitted by Rick Soares. Mr. Soares did not support the project, and raised concern that he believed there were misrepresentations made that his brother -in-law intended to buy a lot in the project site (Mr. Soares noted he had only directly inquired of the applicant estimates of the lot prices).
Mr. Daguman displayed modifications to Condition 25 offered and agreed upon by the applicant that were additional Covenants, Conditions, and Restriction (CC&Rs) for the HOA including the following: 1) All exterior light fixtures shall be fully shielded (full cutoff), 2) Screening of any above ground mechanical equipment within the required building setback area shall be provided , 3) Screening along neighboring property lines shall not include plants toxic to animals, and 4) Lots bordering Pleasant Grove Elementary School install a 5 f oot wide by 10 f oot tall screening border of plants/trees along the fence line within 6 months of obtaining building permits.
Staff responded to questions of the City Council and provided clarifications as follows:
The Zoning Code required a 25’ setback for buildings in relation to the project; Well and septic service were considered within the project but were not a CEQA consideration under the project as properties with septic and well were analyzed under the General Plan Environmental Impact Report . Sacramento County provides and regulates well and septic systems under an administrative permit Elk Grove City Council
Regular Meeting, May 24, 2023
process, and 2-acres gross lot size was in-line with Sacramento County permitting requirements for well and septic; and
Outreach for projects was not required, but it was highly encouraged by staff when working with project applicants (and clearly indicated on application forms to encourage outreach to the surrounding neighborhood of a project). City Attorney Jonathan Hobbs noted the City could strongly encourage outreach, and outreach efforts conducted could be considered in reviewing a project, but compelling outreach likely went too far in compelling speech on their part and c ould create legal issues.
Council Members Robles and Brewer expressed an interest to see the City work with property owners regarding drainage issues and maintenance in the area.
Council Member Brewer raised concern of drainage systems not working properly and creating issues for property owners . He believed means could be implemented to neutralize potential mosquito nuisance issues of the proposed detention basin , voiced appreciation in looking at alternative roadway and utility alignments and suggestions to help preserve Tree 3903, and noted future s oil tests would inform needs for wells and septic on the lots. Mr. Brewer appreciated the amendments to the Conditions of Approval put forward by the applicant and believed progress had been made on the initial issues he had seen with the project.
Council Member Suen and Vice Mayor Spease identified comments raising an issue about the differentiation of agricultural uses and estate residential uses in the rural area, and Mr. Suen believed the topic should be included as a future policy discussion with the next General Plan Update.
Vice Mayor Spease rei terated that if a property was found to not be complying with Conditions of Approval or the Municipal Code, that neighbors need to contact City Code Enforcement. He encouraged the property owner to conduct vegetation control on the property prior to fire season. Mr. Spease did not believe the applicant conducted adequate outreach to neighbors in the vicinity, and as a result created an undue burden on staff and the City Council during review of the project.
Mayor Singh-Allen agreed meaningful outreach should be conducted by applicants, and neighboring residents need to hear much earlier in advance of Planning Commission and City Council hearings.
Motion #1
: M/S Suen/Spease to introduce and waive the full reading, by substitution of title only, Ord inance No. 11 -2023 finding no further environmental review is required pursuant to State CEQA Guidelines Section 15183 and approving rezone for the Pleasant Grove Estates Project (PLNG22 -040); Assessor’s Parcel Number 127- 0110-024). The motion passed by the following vote: Ayes: 5 (Singh- Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
Motion #2
: M/S Suen/Spease to adopt Resolution No. 2023 -127 finding no further environmental review is necessary for the Pleasant Grove Estates Project pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and approving a Tentative Subdivision Map, Design Review for Subdivision Layout, Elk Grove City Council
Regular Meeting, May 24, 2023
and Tree Removal Permit to subdivide one parcel totaling ±31.4 gross acres into 14 new single residential parcels, one detention basin, and one remainder lot as described in Exhibit A and shown on Exhibit B to the Resolution, and the Conditions of Approval as amended for Condition 25 and described in Exhibit C . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes: 0;
Absent: 0.
Agenda Item No. 9.3 : C
onsider an Ordinance amending Elk Grove Municipal Code
Chapter 10.48 Speed Zones, to establish Speed Limits on Kammerer Road
RECOMMENDATION
Introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code Chapter 10.48 (Speed Zones) to establish speed limits on Kammerer Road.
With the aid of a visual presentation (filed), Kristin Parsons, Deputy Public Works Director, provided an overview of the staff report and recommended actions.
PUBLIC COMMENT
None.
Council Member Brewer noted the increased use of Kammerer Road over the years and anticipated higher traffic speeds as more lanes expanded the roadway.
Ms. Parsons noted that Kammerer Road continued to be under study in relation to the General Plan as a main access route, and confirmed that the recently conducted surveys indicate both directions on Kammerer Road suggested 55 mph speed limits.
Motion: M/
S Brewer/Robles to introduce and waive the full reading, by substitution of title only, Ordinance No. 12-2023 amending Elk Grove Municipal Code Chapter 10.48 (Speed Zones) to establish speed limits on Kammerer Road. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes: 0;
Absent: 0.
Agenda Item No. 9. 4
: Receive an overview report of the Proposed 2023 through 2028 Capital Improvement Program and provide direction as appropriate.
RECOMMENDATION
Receive an overview report of the proposed 2023-2028 Capital Improvement Program (CIP) and provide direction as appropriate.
With the aid of a visual presentation (filed), Christina Castro, Capital Program Division Manager, provided an overview of the staff report and propos ed 2023- 2028 Capital Improvement Program.
PUBLIC COMMENT
None.
The City Council received and filed the report.
Elk Grove City Council
Regular Meeting, May 24, 2023
Agenda Item No. 9.5
: Presentation of the Proposed Fiscal Year 2023-24 Annual Budget
RECOMMENDATION
Receive a presentation of the Proposed Fiscal Year 2023-24 Annual Budget and provide direction as appropriate.
With the aid of a visual presentation (filed), Jason Behrmann, City Manager, provided an overview of the staff report and Proposed Fiscal Year 2023-24 Annual Budget.
Mr. Behrmann highlighted a portion of the presentation regarding position control for Animal Services and resident requests stating a need for a second veterinari an, and in review and discussion done regarding the request with the Animal Services Manager and consultant studies, priorities for the shelter were not for another veterinarian at this time but other needs had priority to fill three animal care positions.
PUBLIC COMMENT:
Kirk Thomson inquired if substance abuse and/or drug rehabilitation services were included in programs to assist the homeless, and noted the response in the budget presentation regarding the request by residents for a second veterinarian.
City Manager Behrmann stated substance abuse treatment services were accessed either through Sacramento County or private providers, the City services under the budget were to provide resources to connect individuals to services.
Mayor Singh- Allen noted a Community Outreach Recovery Empowerment (CORE) wellness center opened the prior week to provide turning point community programs and mental health services as it relates to the partnership with Sacramento County.
Council Member Brewer appreciated the Keep Elk Grove C lean Program and graffiti abatement efforts, noting a utility box on railroad property was an opportunity to partner and beautify. Mr. Brewer requested consideration in future budget cycles to c onsider reinstatement of the Police Activities League program.
The City Council provided direction to return for adoption with the annual budget an increase to the City Council discretionary funds to $20,000 annually per member of the Council.
Note: Section 10, Council Comments / Reports / Future Agenda Items, was considered prior to receiving the City Manager’s General Administration Information report under Section 6 as noted under the Approval of the Agenda.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Elk Grove City Council
Regular Meeting, May 24, 2023
ADJOURNMENT
Wi
th no additional business to conduct, the May 24, 2023 regular City Council meeting was adjourned at 9:52 p.m. in memory of Lisa Firth Davis, A.J. Rollins, Chris Jarosz, and Latice Lee-Barrios.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR