Elk Grove City Council
Regular Meeting, July 26, 2023
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, July 26, 2023
CALL TO ORDER / ROLL CALL
May
or Singh-Allen called the regular City Council meeting of July 26 , 2023, to order at 6:21 p.m.
Pr
esent: Mayor Singh-Allen, Vice Mayor Spease, and Council Members Brewer, Robles, and Suen.
Abs
ent: None.
Counc
il Member Brewer 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/ Robles to approve the agenda as presented. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Roble s, and Suen); Noes: 0; Absent: 0.
CLOSED SESSION
None.
PRESENTATIONS / ANNOUNCEMENTS
4.1 D
epartment heads introduced New Hire Introductions of the prior quarter.
PUBLIC COMMENT:
Ki
rk Thompson spoke in opposition to particular content in books and materials available in public school libraries, which he believed was inappropriate for youth, and believed such materials should be removed.
May
or Singh-Allen noted that issues of materials and/or curriculum at schools would be matters to take to the Elk Grove Unified School District Board of Education.
Jus
tine Raga voiced support of performances and program offerings of Musical Mayhem Productions, and encouraged the City to construct a performing arts theatre.
Mar
yann Simpson believed illegal fireworks needed to be addressed, questioning the effectiveness of current enforcement efforts and reporting protocols, and to consider Elk Grove City Council
Regular Meeting, July 26, 2023
alternatives such as increased fines, additional enforcement, using only designated areas for fireworks displays, require firework permits, or ban all fireworks use.
Estella Drake, Paula Schliekelman (visual presentation filed), Maria C., Kat Mendoza (
visual presentation filed), Kimberly Mendoza (visual presentation filed), Dana Jacob, Diann Schramm-Agnello, James V. MacCarthy, and Stacie requested the City provide additional resources for veterinary care to provide spay and neuter services to address feral cat colonies in Elk Grove. Speakers believed a recognition was needed for Trap Neuter Release trappers, concerns were raised regarding the animal shelter believing it was underfunded and understaffed, that current shelter staff were overworked, protocols and procedures were being missed, and services were being delayed or cancelled causing issues of backlogs of spay and neuter services that impacted regional shelters and efforts of animal rescues and fosters. Speakers noted an increase in animals, and that spay and neuter services needed to be prioritized to control animal population growth.
Speakers suggested back -up coverage plans, fundraising efforts to provide services, consider formation of a non-profit spay and neuter clinic, increase awareness of the animal shelter and adoption programs, and improving the reliability of the online check-in system for veterinary services.
A
nnette Bedsworth, Director of the Bradshaw Sacramento County Animal Shelter, stated feral cat colonies were on the rise across the state and there was a national shortage of veterinarian professionals. She stated a meeting was being convened in two weeks to address the regional feral cat population, and noted discussion would include consideration of community cat programs (which include d spay and neuter programs), and evaluation of veterinarian positions (noting such positions were difficult to fill, position control was often data driven, and recognition that spay and neuter services we re expensive and difficult to contract for as many veterinarians do not offer spay and neuter).
Staff stated an item to discuss staffing at the Elk Grove Animal Shelter would be on the August 9, 2023 regular agenda.
Steve Lee believed the City should require a community outreach program for new development to engage neighboring residents to address concerns prior to submittal of a building plan.
Emily Autenrieth believed that issues of materials and/or curriculum at schools were matters to take to the Elk Grove Unified School District Board of Education, and she shared that the queer community had expressed concerns for personal safety and mental health when parties advocate for policies to deny rights to others.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for July 26 , 2023 (filed).
Council Member Suen received City Council consensus to r eturn a discussion on illegal fireworks, suggesting a review of data collected on local and state enforcement efforts and costs, and to consider higher fines and penalties to serve as a deterrent.
Elk Grove City Council
Regular Meeting, July 26, 2023
CONSENT CALENDAR ITEMS
PUBLIC COMMENT
None.
Motion: M/
S Spease/Robles 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 June 28, 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 July 18, 2023.
Agenda Item No. 7.3: R
eceived report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7.4 : R
eceived the Monthly Disbursement Summary and AP Check
Register Listing for June 1, 2023, through June 30, 2023, showing Automatic Clearing House Nos. 21279 through 21379; General Warrant Nos. 137639 through 138134; and Electronic Fund Transfer Nos. 90072602 through 90072616.
Agenda Item No. 7.5: A
dopted Ordinance No. 13 -2023 levying and apportioning the special tax in the sixty-eighth 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. 14 -2023 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 91) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading).
Agenda Item No. 7 .7: A
dopted Resolution No. 2023-158 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 a contract with Municipal Resource Group, LLC (MRG) to provide Mentorship and Development Training in an amount not to exceed $82,000.
Agenda Item No. 7. 8: A
dopted Resolution No. 2023-159 dispensing with the formal request for proposal procedure pursuant to Elk Grove Municipal Code Section
3.42.280(A) and authorizing the City Manager to execute a one- year Community Center Café Lease with Cafe EG @ D56, LLC to operate the café at the Elk Grove Community Center.
Agenda Item No. 7.9: A
dopted: 1) Resolution No. 2023-160 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 (Annexation No. 70); 2) Resolution No. 2023-161 declaring Elk Grove City Council
Regular Meeting, July 26, 2023
int
ention to annex terr itory to Community Facilities District No. 2006 -1 (Maintenance Services) and to levy a special tax to pay for maintenance services (Annexation No. 93); and 3) Resolution No. 2023-1 62 declaring intention to annex territory to Street Maintenance District No. 1, Zone 5-Z (Annexation No. 29) and to levy a special tax to pay for street maintenance for the Pardes Apartments Project pursuant to the Benefit Assessment Act of 1982.
Agenda Item No. 7.10: Adopted Resolution No. 2023-163 authorizing the City Manager to execute Credit Reimbursement Agreements with Reynen & Bardis Construction, LLC, for privately constructed public facilities included in the Elk Grove Southeast Policy Area and Laguna Ridge Specific Plan Phase 3 Drainage Impact Fee Program and constructed for the benefit of the Telos Greens Project.
Agenda Item No. 7.11: Received and filed the Fiscal Year 2022-2027 Capital Improvement Program Quarterly Status Report for the Fourth Quarter of Fiscal Year 2022-23.
Agenda Item No. 7.12: Adopted Resolution No. 2023-164 authorizing the City Manager to execute a Public Works Grant Agreement with Sacramento Splash for a term of one year in the amount of $100,000.
Agenda Item No. 7.1 3: Adopted Resolution No. 2023 -165 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 agreement with the County of Sacramento for the City’s proportionate share of hazardous materials emergency response services in an amount not to exceed $131,505.69 for Fiscal Year 2023-24 with the option to extend the term of the agreement for up to one year in an amount not to exceed $135,450.85, with the total two- year cost of the agreement in an amount not to exceed $266,956.54.
Agenda Item No. 7.14: Adopted Resolution No. 2023-166 authorizing the City Manager to execute an amendment to the Master License Agreement with Crown Castle Fiber, LLC, for Small Cell Wireless Communications Facilities (No further environmental review required).
Agenda Item No. 7.1 5: Adopted Resolution No. 2023 -167 amending the Fiscal Year 2023-24 Budget and 2023- 2028 Capital Improvement Program for the Grant Line Road and Wilton Road Operational Improvements Project (WTR091), exchanging federal funds for local funds from the Old Town Area Streetscape – Phase 2 Project (WTR012) for preliminary engineering and authorizing the City Manager to execute a Funding Exchange Agreement with Sacramento Area Council of Governments (SACOG).
Agenda Item No. 7.1 6: Adopted Resolution No. 2023 -168 approving the Adams Tract No. 2 Drainage Improvements Project (WDR044); authorizing the City Manager to execute a construction contract with D.A. Wood Construction Inc. for the Project in the amount of $1,064,760; authorizing the City Engineer to approve change orders not -to-exceed $106,476; amending the FY 2023-2024 Budget and FY 2023- 2028 Capital Improvement Program; and if the first lowest bidder does not meet filing obligations, authorizing the City Engineer to reject all bids received and re-bid the Project (CEQA Exempt).
Elk Grove City Council
Regular Meeting, July 26, 2023
Agenda Item No. 7.17: Adopted Resolution No. 2023-169 authorizing the City Manager to execute an Operations and Maintenance and Performance Guarantee Agreement with Centrica Business Solutions Services, Inc. in an amount not to exceed $446,159.86 for a term of 15 years for the Generating Facility located at District56; and authorizing the Public Works Director to approve Additional Repairs not-to-exceed $5,000 annually, approve up to three percent annual escalation, and approve up to two five-year extensions.
Agenda Item No. 7.18: Adopted Resolution No. 2023-170 authorizing the City Manager to execute a master services contract with West Coast Arborists for on- call arborist services.
Agenda Item No. 7.1 9: Adopted Resolution No. 2023 -171 dispensing with the for mal request for proposal procedures pursuant to Elk Grove Municipal Code Chapter
3.42.140(B)(3) and authorizing the City Manager to execute an agreement with Pinnacle Training Systems, LLC for law enforcement wellness health screenings for a total not-to- exceed amount of $80,000.
PUBLIC HEARINGS
Agenda Item No. 8.1 : 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 resolution approving and confirming 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 2023-24 tax roll.
Wi
th the aid of a visual presentation (filed), Kara Taylor -Seeman, Finance Manager , provided an overview of the staff report and recommendation. Ms. Taylor-Seeman noted that accounts brought current as of July 20, 2023 were removed from the delinquency tax rolls.
May
or Singh-Allen declared the public hearing open.
PUBLIC COMMENT
None.
May
or Singh-Allen declared the public hearing closed.
Motion: M/S Suen/ Robles to adopt Resolution No. 2023 -172 approving and confirming 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 2023-24 tax roll. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 8. 2: A public hearing to consider a Determination of Public Convenience or Necessity for the sale of beer and wine (ABC Type 20 License) for the Elk Grove City Council
Regular Meeting, July 26, 2023
Loop Neighborhood Market Project located at 8607 Elk Grove Boulevard (PCN23- 001:
APN: 125-0390-016) (CEQA Exempt).
RECOMMENDATION
Conduct a public hearing to receive information from staff and comments from the public and adopt a resolution:
1) Finding the Loop Neighborhood Market Project (PCN23- 001) exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of Division 6 of Chapter 3, Title 14 of the California Code of Regulations (State CEQA Guidelines); and
2) Approving a Determination of Public Convenience or Necessity for a Type 20 alcohol license for the sale of beer and wine for off-site consumption.
With the aid of a visual presentation (filed), Joseph Daguman, Associate Planner , provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
Steve Rawlings, applicant representative, spoke in support of the staff recommendation.
PUBLIC COMMENT
None.
Mayor Singh-Allen declared the public hearing closed.
Motion: M/
S Spease/Brewer to adopt Resolution No. 2023 -173 finding the Loop Neighborhood Market Project (PCN23- 001) exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of Division 6 of Chapter 3, Title 14 of the California Code of Regulations (State CEQA Guidelines); and a pproving a Determination of Public Convenience or Necessity for a Type 20 alcohol license for the sale of beer and wine for off -site con sumption.. The motion passed by the following vote: Ayes: 5 (Singh- Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 8. 3
: A Public Hearing to c onsider a resolution adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Laguna Creek and Whitehouse Creek Multi -Functional Corridor Project (WDR018); and approving the Project.
RECOMMENDATION
Adopt resolution adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Laguna Creek and Whitehouse Creek Multi - Functional Corridor Project (WDR018) and approving the Project.
With the aid of a visual presentation (filed), Erik Dahl, Project Manager, provided an overview of the staff report and recommendation.
Mayor Singh-Allen declared the public hearing open.
Elk Grove City Council
Regular Meeting, July 26, 2023
PUBLIC COMMENT
None.
May
or Singh-Allen declared the public hearing closed.
Motion: M/S Suen/ Robles to adopt Resolution No. 2023 -174 adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Laguna Creek and Whitehouse Creek Multi -Functional Corridor Project (WDR018) and approving the Project . 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: Receive information and consider a resolution rescinding Resolution No. 2015-14 and establishing the Façade Improvement Program; adopting the Façade Improvement Program Policies, Guidelines, and Procedures; and authorizing the City Manager to take all actions reasonably necessary to implement and administer the Program.
RECOMMENDATION
Adopt resolution rescinding Resolution No. 2015- 14 and establishing the Façade Improvement Program; adopting the Façade Improvement Program Policies, Guidelines, and Procedures; and authorizing the City Manager to take all actions reasonably necessary to implement and administer the Program.
Wi
th the aid of a visual presentation (filed), Tishiana Mann, Economic Development Specialist, provided an overview of the staff report and recommended action.
PUBLIC COMMENT
None.
Motion: M/S Brewer/Suen to adopt Resolution No. 2023 -175 rescinding Resolution No. 2015-14 and establishing the Façade Improvement Program; adopting the Façade Improvement Program Policies, Guidelines, and Procedures; and authorizing the City Manager to take all actions reasonably necessary to implement and administer the Program. 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: Consider appointment of four voting members to the Youth Commission.
RECOMMENDATION
Receive information from Mayor Singh- Allen, with the approval of the City Council, regarding appointment of four voting members to the Youth Commission.
Ci
ty Clerk Jason Lindgren provided an overview of the staff report and recommended action.
Elk Grove City Council
Regular Meeting, July 26, 2023
PUBLIC COMMENT:
Adi
elle Nelson, Rafael Basas, Majot Rai, Jenny Ng, Meher Kaur Atwal, Adrian Bayardo, Audrey Meyer, Anshuman Purohit, Priyam Rangwala, Momina Niazi, Abbas Chaudhry, and Eli Fisher -Fernandez spoke as applicants seeking appointment to the Youth Commission.
Geor
ge Murphey spoke in support of applicant Momina Niazi.
May
or Singh-Allen, with the approval of the City Council, appointed Adielle Nelson, Abbas Chaudhry, Adrian Bayardo, and Manjot Rai to the Youth Commission.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Counc
il Member Robles toured the Fresno Zoo, attended a n economic development conference in New York and toured the Bronx Zoo.
Counc
il Members Brewer and Suen had no items to report.
Vi
ce Mayor Spease noted the upcoming meeting of the Sacramento Public Library Authority Board.
May
or Singh-Allen attended the Sacramento Regional Transit District (RT) Board meeting and the and Elk Grove Unified School District (EGUSD) 2 x 2 Committee meeting. With the consensus of the City Council, direction was provided to staff to adhere to the written policy of the City regarding third party use of City video equipment at public meetings, and that submitted visual presentations would only be received for specific matters on the agenda, and not available for use under general pu blic comment. Any submitted materials would continue to be distributed to the full City Council and staff, the policy directly addressed use of City equipment on the display of materials during public meetings.
ADJOURNMENT
Wi
th no additional business to conduct, the July 26 , 2023 City Council meeting was adjourned at 9:17 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR