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Minutes, regular meeting

Elk Grove City Council
September 27, 2023

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Minutes, regular meeting
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September 27, 2023
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Elk Grove City Council
Regular Meeting, September 27, 2023

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CIT

Y OF ELK GROVE
Incorporated July 1, 2000

MINUTES OF THE CITY COUNCIL

REGULAR MEETING
Wednesday, September 27, 2023

CALL TO ORDER / ROLL CALL
Mayor Singh- Allen called the regular City Council meeting of September 27, 2023, to order at 6:02 p.m.

Present: Mayor Singh-Allen, Vice Mayor Spease, and Council Members Brewer, Robles, and Suen.

Absent: None.

Michael Hill led the Pledge of Allegiance.

Mayor Singh-Allen asked that a moment of silence be observed.

APPROVAL OF CITY COUNCIL AGENDA
Vice Mayor Spease requested the meeting be adjourned in memory of Army Specialist Tybonius John “Ty” Johnson who was killed in the line of duty on April 4, 2006 in Kirkuk, Iraq.

Motion: M/S Spease/Robles to hear Item 9.2 following the presentation of Item 4.1, and approve the remainder of the agenda as presented. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes: 0;

Absent: 0.

CLOSED SESSION
None.

PRESENTATIONS / ANNOUNCEMENTS

4.1 M
ayor Singh-Allen presented a proclamation recognizing Monday, October 9, 2023 as Indigenous Peoples’ Day to the Wilton Rancheria Tribe.

Not
e: Item 9.2 was heard after the presentation of Item 4.1, as adopted under the approval of the agenda.

Agenda Item No. 9.2 : Consider a resolution establishing a City of Elk Grove Land Acknowledgment.

RECOMMENDATION
Staff and the City’s Diversity and Inclusion Commission recommend that the City Council receive information and adopt a resolution establishing a City of Elk Grove Land Acknowledgment.

Elk Grove City Council
Regular Meeting, September 27, 2023

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With the aid of a visual presentation (filed), Kara Reddig, Deputy City Manager, provided an overview of the staff report and recommended action.

PUBLIC C
OMMENT :

Reina Tarango and members of the Diversity and Inclusion Commission spoke in support of the staff recommendation.

Motion: M/S Brewer/Suen to adopt Resolution No. 2023-226 establishing a City of Elk Grove Land Acknowledgment . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes: 0; Absent: 0.

PUBLIC COMMENT:

Lynn Wheat provided an overview of revisions and updates to the General Plan over the years, and encouraged the community to remain engaged in local government , citywide planning issues, and the General Plan. Ms. Wheat provided pamphlets on water use in the region, and noted an upcoming meeting on the Harvest Water Project on October 2.

Kat Mendoza and Kim Mendoza raised concern of the cessation in offering spay and neuter services at the Animal Shelter to address feral cat colonies in Elk Grove with the departure of the former veterinarian, noting additional resources for veterinary care were needed at the shelter (and to consider hiring two veterinarian positions). Speakers noted contract veterinarians could opt not to address colony cat issues, regional clinics were not viable substitutes for service, and individuals were asking for donations to tend to cat colonies (asking if donation boxes had been established at any City facilities).

GENERAL ADMINISTRATION INFORMATION

City Manager Jason Behrmann noted efforts for the veterinarian nationwide recruitment, for the interim a transition plan was in place to bring contract ve terinarians to provide necessary services, and he reviewed the Administrative Report for September 27, 2023 (filed).

CONSENT CALENDAR ITEMS

City Clerk Jason Lindgren stated a new practice was being implemented in relation to Item 7.15. Under new law effective in 2023 (G overnment Code § 36934) ordinances could be introduced without reading the title as part of the motion (Mr. Lindgren noted prior City practice required reading of the full title as part of the motion during the meeting), the new law procedure could be utilized as long as the wording of the title was included on the published agenda and copies of the full ordinance we re available online and in print at the meeting (and City practices met all Government Code requirements). Without the requirement to read the title of the ordinance as part of the motion, ordinances could also be included in the motion to approve the consent calendar items, any ordinance placed on consent would be those identified by staff to be routine and non-controversial (such as Item 7.15 on the evening’s agenda), and like any consent item, the City Council reserved the ability to pull any item for separate consideration as desired.

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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: Approved City Council meeting minutes of the September 13, 2023 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 19, 2023.

Agenda Item No. 7.3: Received report on Requests for Proposals, Qualifications, and Bids.

Agenda Item No. 7.4: Received the monthly Disbursement Summary and AP Check Register Listing for August 1, 2023, through August 31, 2023, showing Automatic Clearing House Nos. 21467 through 21581; General Warrant Nos.138496 through 139005; and Electronic Fund Transfer Nos. 90072636 through 90072668.

Agenda Item No. 7.5: Adopted Ordinance No. 19 -2023 levying and apportioning the special tax in the seventieth 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: Adopted Ordinance No. 20- 2023 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 93) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading).

Agenda Item No. 7. 7: Adopted Resolution No. 2023-227 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 recruitment advertising services with JobElephant.Com, Inc., for a term of two years, in an amount not to exceed $200,000.

Agenda Item No. 7.8: Adopted Resolution No. 2023-228 authorizing the City Manager to execute a Grant of Easement to the Sacramento County Water Agency (SCWA) granting an easement for water pipeline facilities over a portion of City -owned property (APN 132 -2820-075) for the Madeira South Lot A Project (PLNG19- 022) (No further CEQA review required).

Agenda Item No. 7.9: Adopted Resolution No. 2023-229 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. 7.10: A
dopted Resolution No. 2023-230 authorizing the City Manager to execute a Credit Reimbursement Agreement with Taylor Morrison of California, LLC, Elk Grove City Council
Regular Meeting, September 27, 2023

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for privately constructed public facilities included in the Elk Grove Southeast Policy Area Park and Trail Facilities Impact Fee Program for the benefit of the Bruceville Meadows Project.

Agenda Item No. 7. 11
: Adopted: 1) Resolution No. 2023 -231, a Resolution of Abandonment of Proceedings for Annexation No. 71 to CFD 2003-2 , and 2) Resolution No. 2023-232, a Resolution of Abandonment of Proceedings for Annexation No. 30 to Street Maintenance District 1, Zone 5-AA for the Guardian Madeira Apartments Project.

Agenda Item No. 7. 12: A
dopted Resolution No. 2023-233 ratifying the execution of a Funding Agreement with the Sacramento Metropolitan Cable Television Commission to accept Public Education and Government (PEG) Channel Facilities fees in the amount of $145,972 and amending the Fiscal Year 2023- 24 Information Services budget to reflect revenue and expenditures equal to funds awarded.

Agenda Item No. 7. 13: A
dopted Resolution No. 2023 -234 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 CivicPlus, LLC, for the licensing and maintenance of the SeeClickFix Request Management System, for a total amount over seven years not to exceed $207,958.67.

Agenda Item No. 7.14: A
dopted Resolution No. 2023-235 authorizing the City Manager to execute a Reimbursement Agreement with Cosumnes Community Services District and the City of Elk Grove for the 2023 Emergency Vehicle Preemption Pilot Project.

Agenda Item No. 7. 15
: Introduced Ordinance No. 21-2023 amending Elk Grove
Municipal Code Chapter 10.40 Truck Routes.

Agenda Item No. 7.16: A
dopted Resolution No. 2023-236 authorizing the City Manager to accept grant funding for an electric bicycle and scooter lending library from the Sacramento Area Council of Governments and amend the Fiscal Year 2023- 24 Budget to appropriate grant funds up to the amount of $250,000.

PUBLIC HEARINGS

Agenda Item No. 8.1 : A
public hearing to consider a resolution approving the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (CEQA Exempt).

RECOMMENDATION
Adopt resolution approving the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).

With the aid of a visual presentation (filed), Alicia Tutt, Housing and Grant Specialist , provided an overview of the staff report and recommendation.

Mayor Singh-Allen declared the public hearing open.

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PUBLIC COMMENT
None.

Mayor Singh-Allen declared the public hearing closed.

Motion: M/
S Suen/Brewer to adopt Resolution No. 2023-237 approving the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). 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 resolution approving the Oak Rose Apartments Project pursuant to Senate Bill 35, with a density bonus and concessions/incentives, and an Affordable Housing Regulatory Agreement with Oak Rose Apts LP, a California Limited Partnership, for the project located at 9252 Elk Gove Boulevard (PLNG22-015, APN: 134-0072-011) (CEQA Exempt).

RECOMMENDATION
Adopt resolution:
1) Finding the Oak Rose Apartments Project exempt from environmental review under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080(b)(1), Government Code Section 65913.4(d)(2), and CEQA Guidelines Section 15268 as the Project is subject to ministerial review and approval; and 2) Finding the Oak Rose Apartments Project eligible for the Senate Bill 35 (SB 35) ministerial review process and approving the Project with concessions/incentives; and 3) Approving the Density Bonus for the Oak Rose Apartments Project (PLNG22-015) based on the findings included in the proposed Resolution; and 4) Authorizing the City Manager to execute an Affordable Housing Regulatory Agreement Oak Rose Apts LP, a California limited partnership.

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.

Noting there was no applicant representative present, City Attorney Jonanthan Hobbs stated he had spoken with the applicant’s attorney on September 11 and provided the draft conditions of approval included under the item for consideration. On Monday, September 25, 2023, a letter (filed) was received from the applicant’s attorney with comments and objections to the conditions, and staff responded via memo (filed). In the letter submitted, it was indicated the applicant would not be at meeting, as they did not feel invited to participate.

Mayor Singh-Allen expressed dismay that no applicant representative was present for the public hearing.

PUBLIC COMMENT

Hilary Mendonca, Jr. questioned if the people would be able to vote on this matter, as he believed Article 34 of the State of California Constitution applied in this instance.

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Joe Cain appreciated the City’s willingness to discuss the project, including alternatives and incentives. He believed the lot was too small for the intended use and compounded asking for density bonus provisions, the project disregarded specific objective standards that effectively disqualified the project from SB 35 ministerial review, and he was not appreciative of approach of the applicant with the City and the community. He requested the criteria utilized to screen occupants (or moreso the list of disqualifications) be provided to the public to inform who would be users of the facility, and as the density bonus was utilized to reduce parking on-site to prohibit residents or utilizers of the facility from parking at the library property (and to benchmark parking and traffic conditions on Elk Grove Boulevard and Waterman Road before and after occupancy to measure impacts of vehicle and pedestrian traffic). Mr. Cain raised concerns of the applicant using unspecified damages of litigation to fund the project, and was dismayed at the applicant objections to pay into assessment districts or pay prevailing wage.

Lori Cain appreciated efforts of the City to explore alternative locations with incentives, and believed it was disrespectful of the developer to not consider such proposal s, and displayed disregard to the community seeking waivers that would set a precedent to alter Old Town Special Planning Area (OTSPA). Ms. Cain believed the proposed architecture was too modern, and actions by the d eveloper to date would negatively affect the relationship of the community with any future operator.

Harold Van Dyke believed the project went against the State of California Constitution, for the City to engage in litigation, and disagreed with the design and location of the project.

Ben Upton appreciated efforts of the City to explore alternatives, and believed the project would primarily be a mental health and addiction facility that would bring negative impacts to Old Town, and devalue surrounding homes. Mr. Upton believed the litigation by the State of California was denying and violating the rights of Elk Grove residents.

James Bass explained the difficulty in rising up from the hardships of homelessness, noting his experience donating time to assist with the former winter sanctuary which provided services to the most stable and least risk of the homeless population, but still those serviced would have episodes of violence or fall back into addiction. Mr. Bass believed the proposed facility at 67 units was too small of space for occupants and was not humanitarian, would create safety issues, and result in increased policing.

Susan Coulson believed placement of the facility in vicinity of children was not safe, there already were congested streets, the area had an abundance of low income housing already servicing lower income residents in Old Town, and efforts should continue to relocate the project. Ms. Coulson believed the City should have purchased the property when it became available.

Randy O’Rourke encouraged the City to oppose the project at this location, he did not appreciate the approach of the developer or the state in this matter, inquired what the costs of litigation would entail, and shared examples of current issues with homeless in the community.

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Bob Sadler raised issues with representatives of the state government, which he believed had connections through political campaigns to foreign national governments.

Mike Guttridge believed local firms should be supported to develop Old Town, expressed disbelief that an applicant would not attend a public hearing for their project, and recommended the City hire a land use attorney and get a cost estimate to litigate against the state.

Randy Bekker opposed the project being located in Old Town , believ ed a more appropriate location could be identified , and conversations should continue to seek alternative locations. He believed the state was using legislation to remove the ability for agencies to plan locally, expressed dismay that former Elk Grove representatives voted for such legislation, and cautioned that similar ministerial processes could occur at other vacant lots that could fill-in with similar style projects.

Lois Yount opposed the project in Old Town, believing the project would be detrimental to the sense of the neighborhood raising issues of personal safety and increased exposure to substance abuse.

Lloyd Wallace opposed the project noting the several exceptions it sought, the proposed facilities were too small for adequate habitation, and he believed the project could be made feasible at an alternate location.

Alexis Yount and Adrian Rodriguez stated youth often frequented businesses in vicinity, and raised concerns for safety with placement of incoming homeless shelters.

Dee Madruga owned the residence adjacent to the project site, believed the three story building proposed by the project did not fit with adjacent uses, and inquired if the City would pay for damages or injuries caused by the decision to approve the project.

Joe Madruga opposed the project raising safety concerns that the proposed use did not fit with the Old Town Special Planning Area (OTSPA) . He believed the hearing should be postponed as planning review continues regarding the OTSPA.

Leo Naranjo IV opposed the project, highlighted concerns raised by residents of safety and impacts to their lives, believed the City should defend against the lawsuit brought by the state, and expressed dismay the applicant was not participating in the hearing.

Dennis Williams believed greater system ic solutions were needed to address homelessness, and questioned the effectiveness and intent of the project.

Jackie Perez opposed the project raising concerns for safety, and belief that sequences of permitted facilities and uses was changing the character of the surrounding neighborhood. Ms. Perez did not believe the outdoor facilities proposed for the adjacent library project were appropriate when planning to locate a facility as proposed under this project, and raised concern of tiny homes being built in the area.

Mayor Singh-Allen noted staff would follow-up with information on the smaller structures being installed at a property in the area.

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DeeDee Perkins believed the state was overreaching local control, inquired if the City had standing to initiate litigation against the project regarding tenant health and safety , and believed a project of this scope could work but at a different location.

Perry Leonard reviewed lawsuits raising various challenges to SB 35, but noted in this instance the denial was based on application of objective building and zoning standards and the City should submit a summary judgement motion which he believed would result in having the litigation dismissed.

Penelope Leonard opposed the project believing it would have detrimental effects on surrounding businesses and uses, and encouraged the City to defend the denial and ally with residents to assist with the lawsuits.

Melissa V. opposed the project raising safety concerns, shared her experience in exiting the cycle of homelessness, and questioned the intent of the applicant if unwilling to listen to alternatives.

Brooke Chappell raised concerns of the small size of the facilities, emergency personnel access, railroad traffic, and safety issues for neighboring residents. She questioned the resistance in not discussing alternatives or incentives , questioned the incentive of the state to intervene through litigation, and believed a better project could be provided in a preferred location.

Robert Patterson opposed the project raising safety concerns.

Peggy Forseth-Andrews opposed the project believing it would have detrimental effects on surrounding businesses and uses, encouraged the City to defend the lawsuits , and raised safety concerns as she viewed the use primarily as a mental health facility .

Ms. Forseth-Andrews believed such a project could succeed in another location in Elk Grove, but placement in Old Town (and the proposed Winter Sanctuary location) were counterproductive to investments to date to revitalize the economy of Old Town.

Michael Monasky questioned the legislative intent of SB 35 as it would sunset in 2026.

Mr. Monasky believed the City and state had failed in providing affordable housing, and inclusionary housing policies were needed to provide a better mix of housing and integrated commercial uses.

William Myers expressed disappointment the applicant was not present, and he believed that providing a better sense of permanent supportive housing facilities would provide the community a better understanding of the project. Mr. Myers believed that the operations of comparative facilities throughout the state did not demonstrate safety issues or concerns, and that the average tenancy in permanent supportive housing was 9 years.

Kenny Blakes Lee believed the project was primarily a business enterprise seeking revenues, and was not intended to rehabilitate tenants nor partner with the community.

Mr. Blakes Lee believed the facility would become a community liability, the City should engage in litigation to oppose the matter, and he expressed he did not like the approach and attitude of the state and developer in their interactions with the City and community.

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Lynn Wheat believed Special Planning Areas in Elk Grove changed all the time, and often residents oppose any form of affordable housing in their neighborhoods. She believed the City should provide for affordable housing through inclusionary housing policies, but to date City policy has resulted in a clustering of apartment complexes with reduced parking all along the Bruceville Road corridor. Ms. Wheat believed inclusionary housing was needed for the homeless as well, and cautioned if there was opposition to placement of 67 units as proposed, that open space infill projects could result in apartment buildings of over 300 units.

Robert Lilly stated he had never seen a situation where an applicant does not appear at a public hearing for their project.

Suzanna Nye observed from her career with state correctional facilities that crowded conditions were not good for people’s psychological state, raising concerns of infringing on individual civil rights and disability access rights based on the small size of the proposed units. Ms. Nye believed an alternative location should be sought that could provide more spacious facilities that were not as institutional.

Allan Veto III opposed the project and encouraged the City to litigate the matter. Mr. Veto believed Old Town would suffer with this project being approved, and inquired where responsibility would lay as crime and homelessness increase and cleanliness and quality of life fall for local schools, homes, and businesses.

Susan Pope shared statistics of the homeless population that were mentally ill or had substance abuse issues, and shared her personal experience of a family member experiencing homelessness, noting when such individuals maintain a baseline of medication and care they could abide and even thrive, but frequently such a baseline was disrupted and result ed in bad behavior and potentially crime. Ms. Pope inquired if the community could initiate litigation against the City if the project was approved, and raised concern of what agency would be responsible for future damages to neighboring residents if the facility was approved.

Kirsten Salters raised concern of safety issues, and who would be responsible for issues that could stem from the project. She supported the library project, but with the approval of this facility the library would become a location utilized primarily by homeless, not safe for youth, and would negatively affect surrounding businesses.

Brian Coulson believed the City needed to defend the litigation.

Ken Chappelle observed from his career with the state prison system that individuals released as enhanced outpatient s would oscillate between different personalities depending if they maintained their medications, and different when not medicated. He believed the project was a mental health program, noting that Elk Grove likely did not have the numbers of homeless with mental health issues to need a 67 unit facility, so tenants would likely be coming in from across the county or the state (raising concern what would occur if tenants brought from the region then decided not to house at the facility). Mr. Chappelle believed the project would bring larger problems, was not appropriate for Old Town, and the developer should consider the offered alternatives.

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Mayor Singh-Allen closed the public comment opportunity.

Council Member Brewer raised concerns of state officials’ actions negatively affecting quality of life and ability to develop the Old Town economy in Elk Grove , and believed legislators efforts should instead work in conjunction with local governments. He reviewed legislative bills being proposed to extend the terms and make ministerial review processes harder for local agencies to oppose. He reviewed the City’s progress in meeting affordable housing inventor ies, and efforts in negotiating with the applic ant including offering alternative sites that would accommodate an improved project.

Mr. Brewer expressed disappointment that the applicant was not at this hearing , noting the non-responsiveness of the applicant and the state to the City’s good faith negotiations, and raised concerns that if the applicant parties were not interested in discussing options for a project that would improve services and rehabilitation outcomes that the intent to pursue the project at only this location must be for other purposes, such as financial gain.

Council Member Robles voted against the item as a Planning Commissioner, expressing disappointment the applicant was not present to provide a sense of how services would be provided at the facility, and to address their stated opposition to the Conditions of Approval, such as paying prevailing wages. He was surprised by actions of the state to compel the City to approve the project, and noted concern of active bills before the governor that, if approved, would implement more stringent laws reinforcing the use of similar ministerial review process in the future. Mr. Robles noted the Council’s fiscal responsibilities, and received estimates from staff that if the matter were to go to litigation, assuming no appeals, would result in a high six figure City cost (whether the City wins or loses), and i f the City were to lose attorney fees of the opposing side could also be payable (potentially double, triple, or more of the City’s litigation costs).

Council Member Suen expressed frustration as the City ha d tried to engage i n negotiations with the applicant, but the developer and state provided no response to consider such negotiations and continued their progression in litigation against the City.

He noted SB 35 sought a good intent to address affordable housing needed in the state, but it was poorly implemented and often created conflict in local communities. He detailed that the risks went beyond financial loses, and could put the City’s land use authority and access to grants at risk. He questioned state mandates that removed local planning, first requiring the need to allocate land for affordable housing, and now allowing ministerial processes that allowed affordable housing to be placed in any location. He was dismayed the applicant was not at the hearing, noting the letter response seemed to indicate they didn’t want the project approved due to the standard conditions that would be added to any development project that would come forward. Mr. Suen implored the applicant to have discussions with the City and find a better path forward.

Vice Mayor Spease noted SB 35 could allow a project to move forward even with various concerns raised (overparking, proximity to day care centers and paths children walk to schools, proximity to public spaces including the library , proximity to bars, impact s on traffic, property too small for scope and scale of project, proximity to historical buildings, internal crowded conditions). He stated the City had offered two alternate locations and millions of dollars in incentives, to start that dialogue the Cit y had to push to get any response (and no response from the last attempted dialogue), and to date there had only Elk Grove City Council
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been refusals of alternates and incentives. He addressed the 2022 City Council decision, reiterating the project did not meet objective standards, and at this time state regulations were in process to add legislation to remove even the ministerial process review. He responded to resident comments regarding responsibility for issues that may arise from the project, and he believed it would rely on public safety services from the City, but he felt state representatives were responsible for allowing the regulations to allow placement of such facilities with no local control. Mr. Spease noted the obligations of the Council to be fiscally responsible for the entire City, but believed efforts could be re-engaged to meet and work with the applicant to discuss alternative solutions.

Mayor Singh-Allen stated the City had attempted to negotiate a resolution of the lawsuit with the applicant and the state by proposing alternative sites with possible incentives (larger sites to provide additional units, parking, and optimal locations closer to services), and would have resulted in the City taking ownership of the project site to further enhance the library project, but despite the City’s efforts no agreement had been reached. The City was committed to provide housing for all, having a record of approved permanent supportive housing and other projects to provide affordable housing. She believed the state needed to be a better partner and have discussions with cities, and implored the developer and state to work with the City if the common goal was providing for affordable housing. Mayor Singh -Allen believed the opportunity remained to continue discussions with the developer and the state, and to continue the public hearing to invite the applicant to participate.

In reply to the City Council, City Attorney Hobbs stated staff would reach out to the applicant and their attorneys to extend the invitation to attend a continuation of the public hearing. He recommended continuing the matter to a date certain of October 11, 2023, noting the briefing for the litigation would commence next month in mid-October (with the first brief scheduled to be due October 24).

Motion: M/
S Spease/Brewer to continue the public hearing to the regular meeting of October 11, 2023. 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 authorizing the City Manager to enter into a consultant contract with The Gathering Inn to operate the Enhanced Winter Sanctuary for the 2023-2024 winter season (CEQA Exempt)

RECOMMENDATION
Adopt resolution authorizing the City Manager to enter into a consultant contract with The Gathering Inn to operate the Enhanced Winter Sanctuary for the 2023- 2024 winter season.

With the aid of a visual presentation (filed), Sarah Bontrager, Housing and Public Services Manager, provided an overview of the staff report and staff recommendation.

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With the aid of a visual presentation (filed), Bobbie Davis, Police Chief, provided an overview of the safety and security plan proposed for the facility during operation of the program.

Keith Diederich, President and Chief Executive Officer of The Gathering Inn, spoke in support of the staff recommendation, providing an overview of the organization, the services provided under the program, and the community outreach plan to facilitate communication and partnership with the community throughout provision of the program.

PUBLIC COMMENT

Gina Pernetti, Linda Strom, Mark Hedlund, Dennis Williams (with letters of support, filed), Diane Lampe, Frank Lucia, Lynn Wheat , Troy Winslow , and William Mayers spoke in support of the staff recommendation.

Robert Lindner raised concerns for neighborhood safety and quality of life, as additional homeless populations were often attracted to areas where there was the provision of homelessness services, and could also attract a criminal element that often preyed upon the homeless population. Mr. Lindner suggested a different location be considered, he did not believe cameras were enough for a security program, more police officers would be needed, and local businesses would be burdened to increase security at their facilities.

Randy Bekker believed there was a lack of community involvement when announcing this program, and requested consider ation to return to practices utilizing workshops and online forums to inform the community of City plans and field questions and concerns.

Lisa Gurule shared her experience in May at a local business which was a negative, traumatic encounter with a homeless man in the parking lot. Ms. Gurule appreciated the goals of the program, but believed an added police presence would be required during the provision of the program.

Michael Monasky raised concern of cost of project (including the cost of additional police security) and questioned who would be served by the program. Mr. Monasky believed a better policy effort would focus to incorporate affordable housing into the community.

Peggy Forseth- Andrews stated the business community had not been contacted regarding thoughts and concerns with this program, noting that there had been problems with sanctuary programs provided in the past. Ms. Forseth -Andrews appreciated the goals of the program, questioned the location, requested a meeting be convened with business owners and the provider to exchange contact information, and recommended an extensive screening of the participants of the program (raising the example that not all convicted sex offenders held similar registration requirements).

Susan Pope questioned if the program was the best use of funds at the proposed cost, and if there was any correlation of sanctuary programs assisting individuals to supportive housing. Ms. Pope believed the previous item discussed that this Old Town location was not an appropriate location for a homeless permanent supportive housing facility, but then identifying this location as adequate for a winter sanctuary seemed contradictory.

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Ms.

Bontrager noted a community meeting was planned for the operator and surrounding businesses to connect.

Vi
ce Mayor Spease encouraged community members to provide their contact information if interested in participating in the community meeting.

Po
lice Chief Davis noted the use of enhanced security through technology was a force multiplier for how systems were deployed in Elk Grove, and they were monitored systems to enhance response.

May
or Singh-Allen requested staff to commence evaluation of a different location for next year for the winter sanctuary, and looked forward to the community meeting of the sanctuary operator and surrounding businesses.

Motion: M/S Suen/Spease to adopt Resolution No. 2023 -238 authorizing the City Manager to enter into a consultant contract with The Gathering Inn to operate the Enhanced Winter Sanctuary for the 2023- 2024 winter season. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Spease, Brewer, Robles, and Suen); Noes:
0; Absent: 0.

Not
e: Item 9.2 was heard after the presentation of Item 4.1, as adopted under the approval of the agenda.

Agenda Item No. 9.2 : Consider a resolution establishing a City of Elk Grove Land Acknowledgment.

COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vi
ce Mayor Spease and Council Member Robles, Brewer, and Suen had no items to report.

May
or Singh- Allen attended the Sacramento Transportation Authority (STA) Board meeting and attended the Sacramento Regional Transit District (RT) Board meeting.

ADJOURNMENT
Wi
th no additional business to conduct, the September 27, 2023 City Council meeting was adjourned at 10:59 p.m. in memory of Army Specialist Tybonius John “Ty” Johnson who was killed in the line of duty on April 4, 2006 in Kirkuk, Iraq.

JA SON LINDGREN, CITY CLERK
ATTEST:

BOBBIE SINGH-ALLEN, MAYOR

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