Elk Grove City Council
Regular Meeting, May 8, 2024
CIT
Y OF ELK GROVE
Incorporated July 1, 2000
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
Wednesday, May 8, 2024
CALL TO ORDER / ROLL CALL
May
or Singh-Allen called the regular City Council meeting of May 8, 2024, to order at 6:02 p.m.
Present: Mayor Singh-Allen, Vice Mayor Brewer, and Council Members Robles, Spease, and Suen.
Absent: None.
Vi
ce Mayor Brewer read the Land Acknowledgement.
Counc
il Member Spease 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, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
CLOSED SESSION
None.
PRESENTATIONS / ANNOUNCEMENTS
4.1 Nick Cochran with VSS International presented the ISSA Agency Pavement Preservation & Sustainability Program Award to the City of Elk Grove.
4.2 C
ouncil Member Suen presented a proclamation recognizing May as Building Safety Month to Brian Frenger, Building Official, and Cosumnes Community Services District Deputy Fire Marshal Amber Anderson.
GENERAL PUBLIC COMMENT:
Lynn W
heat raised concerns of the City pursuing efforts to use policies and funding to attract types of visitor interest or development of particular industries.
Al
exander Hampton and Armando Murillo requested support of trades related policies to require approved labor standards, area standard wages, offering apprenticeship programs, offering comprehensive healthcare, and a commitment to local hiring for future development.
Elk Grove City Council
Regular Meeting, May 8, 2024
Steve Lee inquired why an external legal firm from Southern California was hired to represent the City, believing there was adequate attorney support through agency staffing, and if City legal staff were not available, that a Northern California firm should be considered to reduce costs.
Michael Monasky opposed the City pursuing a zoo, believing other needs in the community should be prioritized.
Mike Buchanan raised concerns of the operation of The Alley bowling alley, noting the reduced hours limited the use of the facility by organizations that serve individuals with disabilities.
GENERAL ADMINISTRATION INFORMATION
City Manager Jason Behrmann reviewed the Administrative Report for May 8, 2024 (filed).
CONSENT CALENDAR ITEMS
PUBLIC COMMENT:
Lynn Wheat addressed Item 7.12, believing the Elliott Springs Preserve property was intended as protected Open Space and natural habitat, and that by removing requirements for fencing, the area would likely be advertised as recreational space, and people traversing the space would disrupt the intent of the area as a nature preserve.
Michael Monasky addressed Item 7.4, and believed high speed limits on arterial roads discouraged bicycle and pedestrian traffic. Mr. Monasky raised questions of intent and outcomes of what he believed were statements and pursuits of the Sacramento Zoological Society.
Motion: M/S Suen/Robles to approve the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 7.1 : Approved City Council meeting minutes of the April 24, 2024 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 April 30, 2024
Agenda Item No. 7.3: Received report on Requests for Proposals, Qualifications, and Bids.
Agenda Item No. 7.4: Adopted Ordinance No. 02-2024 amending Elk Grove Municipal Code Section 10.48.020 Speed Limits, to establish Speed Limits on various roads in the City (Second Reading).
Elk Grove City Council
Regular Meeting, May 8, 2024
Agenda Item No. 7.5: A dopted Ordinance No. 03- 2024 amending Elk Grove Municipal Code Section 23.94.050 regarding Separation Requirements for Wireless Facilities for the Wireless Facility Utility Separation Requirements Project No: PLNG24- 006 (Second Reading).
Agenda Item No. 7.6: Adopted Ordinance No. 04 -2024 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2003- 2 (Police Services) (Annexation No. 73) and amending Elk Grove Municipal Code Section 3.18.010 (Second Reading).
Agenda Item No. 7.7: Adopted Ordinance No. 05-2024 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2006-1 (Maintenance Services) (Annexation No. 95) and amending Elk Grove Municipal Code Section 3.19.010 (Second Reading).
Agenda Item No. 7.8: Adopted Ordinance No. 06-2024 amending Elk Grove Municipal Code Chapter 17.06 Fireworks Violations related to dangerous fireworks enforcement (CEQA Exempt) (Second Reading).
Agenda Item No. 7.9: Adopted Resolution No. 2024-065 authorizing the City Manager to execute an agreement with the City of Sacramento accepting subrecipient grant funding for safety barriers and trailers from the Urban Areas Security Initiative, amend the Police Department’s budget to appropriate grant funds up to the amount of $154,850, dispense with the competitive bidding process pursuant to Elk Grove Municipal Code
3.42.180(B)(4), and execute a purchase order with Meridian Rapid Defense Group for safety barrier systems.
Agenda Item No. 7. 10: Received Treasurer’s Report and Other Post -Employment Retirement Benefits (OPEB) Report for the Quarter ending March 31, 2024.
Agenda Item No. 7.11: Adopted Resolution No. 2024-066 declaring intention to annex territory to Street Maintenance District No. 1, Zone 3- AP for the Calvine Pointe ARCO AM/PM Project (Annexation No. 53) and to levy a special tax to pay for street maintenance.
Agenda Item No. 7.12: Adopted Resolution No. 2024-067 authorizing the City Manager to execute a Declaration of Covenants and Restrictions and a Public Improvement Agreement with Sunset Tartesso, Inc., for the City -owned Elliott Springs Preserve property [APN 127-1110-003] (No further CEQA review required).
PUBLIC HEARINGS
Agenda Item No. 8.1: A public hearing to consider a resolution approving the Community Development Block Grant (CDBG) 2024- 2025 Action Plan and authorizing the City Manager to execute and file all documents required to receive U.S. Department of Housing and Urban Development CDBG funds (CEQA Exempt).
Elk Grove City Council
Regular Meeting, May 8, 2024
RECOMMENDATION
Adopt resolution approving the Action Plan; and authorize the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development CDBG funds.
Alicia Tutt, Senior Grants 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.
Vice Mayor Brewer received clarification from staff ( since the funding allocation was higher than anticipated) that funding to organizations would remain the same, and the strategy outlined in the Action Plan would allocate additional funding to the allowed overage amount percentage for administrative services, and remaining overage amounts would go to the curb ramps project.
Motion: M/S Suen/ Brewer to adopt Resolution No. 2024-068 approving the Action Plan; and authorize the City Manager to execute and file all documents required to receive US Department of Housing and Urban Development CDBG funds . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
Agenda Item No. 8. 2
: A Public Hearing to consider 1) a Resolution certifying an Environmental Impact Report and adopting Findings of Fact and a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the New Zoo at Elk Grove Project (SP0009); 2) an Ordinance establishing the Zoological Park Special P lanning Area and Rezoning certain property; 3) a Resolution amending the Bicycle, Pedestrian, and Trails Master Plan and approving a Conditional Use Permit, Tentative Subdivision Map with Subdivision Design Review, District Development Plan, Level 1 Design Review, and an Art Plan, and making a determination of consistency with the General Plan for listing in the City’s Capital Improvement Program for the New Zoo at Elk Grove Project; 4) a Resolution providing a compelling reason to deviate from the current guidelines of the City’s Naming Policy and create an alternative process for naming New Zoo buildings; and 5) review of terms with the Sacramento Zoological Society for financing Phases 1A/1B of the New Zoo at Elk Grove
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing to receive information from staff and comments from the public, and then:
1) Adopt resolution certifying the Environmental Impact Report for the New Zoo at Elk Grove Project, adopting Findings of Fact, and a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program.
Elk Grove City Council
Regular Meeting, May 8, 2024
2) Introduce and waive the full reading, by substitution of title only, an ordinance establishing the Zoological Park Special Planning Area and rezoning certain property. 3) Adopt resolution amending the Bicycle, Pedestrian, and Trails Master Plan, approving a Conditional Use Permit, Tentative Subdivision Map with Subdivision Design Review, District Development Plan, Level 1 Design Review, an Art Plan, and making a determination of consistency with the General Plan for listing in the City’s Capital Improvement Program for the New Zoo at Elk Grove Project.
Staff also recommends that the City Council:
4) Adopt a resolution providing a compelling reason to deviate from the current guidelines of the City’s Naming Policy and create an alternative process for naming New Zoo buildings.
5) Review and provide feedback, as necessary, on financing terms with the Sacramento Zoological Society for financing Phases 1A and 1B of the New Zoo at Elk Grove Project.
With the aid of a visual presentation (filed), Christopher Jordan, Director of Strategic Planning and Innovation, provided an overview of the staff report and recommendations along with team presenters: Jason Hill with SH|R Studios, the Franklin Hight School Full Stack Developer Club of Club Advisor Clayton Dagler and students Nuri Kim and Jaden Chung, Matt Paulin, Finance Director, and Rick Biddle with RS&S.
Staff provided clarification in regards to pedestrian safety and the use of the three roundabouts in the design, and that roundabouts created fewer conflict points between pedestrians and vehicles . T he analysis found roundabouts performed better than signalized intersections creating less queues, less delays, less congestion, lanes and striping eased direction of traffic flow to access the site, and roundabouts facilitated taking traffic flow off of Kammerer Road in a simple and efficient manner . Staff noted the roundabouts would be appropriately s ized to accommodate buses, and the circulation plan directed vehicles for loading and unloading at the curb facing in the vicinity of the zoo main entrance.
Jason Jacobs and Elizabeth Stallard, applicant representatives of the Sacramento Zoological Society, spoke in support of the staff recommendation, highlighting benefits of zoos, and noted the Sacramento Zoological Society had raised over $15 million in commitments to date.
Mayor Singh-Allen declared the public hearing open.
PUBLIC COMMENT
Maggie Ellis, Dennis Mangers, Kyle Atwater, Beth Weid, Jocylyn Katzakian, Walt Hess, Dr. Jenessa Gjeltema, Jeff Hallsten , Zack Wandell , Brandon Fuentes , Rachel Hirota , McKenzie Davies , Nisreen Assaf , Kevin Ferreira, Kent Sherwood, Randy Rojas, Zak Noonan, Allan Veto, Sam Richardson, Allyn Green, Joshua Huston, Paul De La Torre, Deron Wheatley, Erin Teague, Breeze Singh, Matt Nootenboom, Raj Singh, Yuri Ramirez-Villanueva, Shannon Nodolf, John Hershey, Doyle Radford Jr., Daniel Washington, Trena Burt, Tony Renter ia, Amanda Nelson, Aaryn Val, and Art Scotland Elk Grove City Council
Regular Meeting, May 8, 2024
spoke in support of the staff recommendation, speakers highlighted the positive benefits and variety of partnership opportunities offered through zoos providing for animal care and conservation, educational opportunities, and a regional amenity serving as a positive economic driver.
Steve Lee raised concerns with the financing plan, believed a zoo was an outdated venue concept and would become a cost burden to the City, and if the matter was pursued , to place the question of approval of the debt issuance as a measure to the voters.
Kathy Lee raised concern of the draft financing plan and phased nature of the project , believing more information was needed to consider continued pursuit of the project.
Lynn Wheat believed the City had other community amenity projects that should be prioritized over an investment of this magnitude for the zoo project.
Michael Monasky submitted comments (filed) and believed the Environmental Impact Report (EIR) was incomplete and inadequate, he addressed the health risk impact assessment that had been conducted which he believed needed to address all causes of death (not just cancer), and he did not believe he had received a response from the City regarding his submitted objections.
Motion: M/
S Suen/Spease to waive rule of procedure not to consider new business after 10:00 p.m. and to proceed with the remainder of the agenda. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes:
0; Absent: 0.
M
ayor Singh-Allen declared the public hearing closed.
Mayor Singh-Allen read excerpts of letters (filed) of regional organizations and elected officials voicing support of the staff recommendation.
The City Council deliberated on the matter recognizing the positive regional impact of the amenity of the zoo, voiced appreciation for the ongoing partnership with the Sacramento Zoological Society, and acknowledged that though the scope and scale of the project was a significant financial investment for the City, the City financial commitments were sound and responsible (and possible from a history of disciplined financial practices to create savings for projects of such scope).
Council Member Suen noted that when polling was conducted for Measure E, the polling included questions regarding ranking of amenities desired in the community , and a zoo received the highest interest and ranking.
Council Member Spease expressed support of the resolutions and ordinance for the project approval. In addressing direction on the financing terms with the Sacramento Zoological Society (SZS), he believed additional considerations should be given to provide assurances including: 1) creation of a bond oversight committee by the City, similar to Measure E , for review of the City’s expenditures of bond funds (as the bond amount was of a significant and sizeable amount), 2) SZS funding should be placed in an escrow account or City account 3) no on-site construction should occur prior to securing Elk Grove City Council
Regular Meeting, May 8, 2024
SZS funding and bond issuance, and 4) full project and cost review would return back for City Council approval prior to bond issuance.
The City Council deliberated on the direction on the financing terms, noting the positive working relationship with the SZS, potential effects of delays if requiring cash deposits on hand, and that inclusion of additional financing term conditions could create donor / investment insecurity. The City Council took the opportunity to address the recommended actions for approval of the project, and to then return to the discussion of direction on the financing terms.
Motion #1
: M/S Suen/Brewer to adopt Resolution No. 2024 -069 certifying the Environmental Impact Report for the New Zoo at Elk Grove Project, adopting Findings of Fact, and a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
Motion #2
: M/S Suen/Brewer to introduce and waive the full reading, by substitution of title only, Ordinance No. 07-2024 establishing the Zoological Park Special Planning Area and rezoning certain property . The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
Motion #3
: M/S Suen/Brewer to adopt Resolution No. 2024-070 amending the Bicycle, Pedestrian, and Trails Master Plan, approving a Conditional Use Permit, Tentative Subdivision Map with Subdivision Design Review, District Development Plan, Level 1 Design Review, an Art Plan, and making a determination of consistency with the General Plan for listing in the City’s Capital Improvement Program for the New Zoo at Elk Grove Project. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
Motion #4
: M/S Suen/Brewer to adopt Resolution No. 2024-071 providing a compelling reason to deviate from the current guidelines of the City’s Naming Policy and create an alternative process for naming New Zoo buildings. The motion passed by the following vote: Ayes: 5 (Singh-Allen, Brewer, Robles, Spease, and Suen); Noes: 0; Absent: 0.
V
ice Mayor Brewer raised concerns in creating a bond oversight committee that it may hold implications for delivery of future projects for similar oversight, stressed the importance to foster financial confidence and fiscal health for investors and donors, and expressed frustration that considerations of proposed financing terms were not brought up earlier in the process.
Council Member Spease believed an oversight committee would validate expenditures and provide assurances to the community, and terms to definitively require cash at requisite times, placed in City funds prior to on-site construction, would likewise provide assurances to the community of funding commitments.
Mr. Jacobs and Mrs. Stallard with the Sacramento Zoological Society emphasized that efforts for fundraising were enhanced when donors have confidence, and they noted the $15 million raised to date was for a project that had yet to be approved, and with the confirming vote of the approvals complete, more options would open and could be Elk Grove City Council
Regular Meeting, May 8, 2024
dis
cussed about removing uncertainties, increasing donor confidence, and providing assurances on timing and types of funding,
Ci
ty Manager Behrmann noted the City had committed its obligations with the project approvals, the cash funding identified in financing plan, and the planned debt issuance, and the direction on the financing terms would assist in returning an agreement for approval to attain assurances for the commitment on the $50 million by the SZS.
The C
ity Council continued deliberation on the direction regarding the financing terms, noting the significance, scope, and scale of the project would warrant a bond oversight committee, but the additional financing terms regarding timing of cash deposits could create barriers for fundraising and donor confidence. By consensus, the City Council directed return of consideration of a bond oversight committee formed to review the City’s expenditures of the bond funds in relation to the financing terms.
REGULAR AGENDA ACTION ITEMS / RECOMMENDATIONS
None.
COUNCIL COMMENTS / REPORTS / FUTURE AGENDA ITEMS
Vi
ce Mayor Brewer, with the consensus of the City Council, requested the presentation given to the Planning Commission on Noise Standards be scheduled as a regular agenda item at a future City Council meeting.
May
or Singh-Allen, and Council Members Robles, Spease, and Suen had no items to report.
ADJOURNMENT
With no additional business to conduct, the May 8, 2024 City Council meeting was adjourned at 11:21 p.m.
JA SON LINDGREN, CITY CLERK
ATTEST:
BOBBIE SINGH-ALLEN, MAYOR