City Council Meeting: Yarborough Appeal, Development Agreement, and Business Programs - November 7, 2024
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City Council Meeting – November 7, 2024
The West Sacramento City Council convened on November 7, 2024, for a public hearing-heavy meeting addressing the Yarborough project appeal, amendments to its development agreement, and several other items. The meeting included land acknowledgement, closed session report, proclamations for Veterans Day and Filipino History Month, approval of consent items, and a small business accelerator program. A significant portion was dedicated to the Yarborough appeal, where council heard extensive public testimony and legal arguments before voting to deny the appeal and approve the project.
Consent Calendar
- Items 4 through 15 were approved unanimously by roll call vote.
Public Comments & Testimony (Non-Agenda Items & General)
- Pat Flint requested that item 17 be moved to a future date until the public is heard and receives answers to their questions.
- Guy Stevenson criticized the city for not enforcing laws on unlicensed food vendors and for spending money without results, citing potholes, traffic, and public safety.
- Tom Morrow expressed support for the Yarborough project, stating it is time for development to proceed.
- Kimber Goddard (appellant) requested items 16 and 17 be moved to the beginning of the agenda to allow for earlier public participation, citing the Brown Act and ADA compliance. He noted the 663-page agenda packet and inability of some attendees to stay late.
- Robin Davis advocated for tiny homes on wheels, arguing for an inclusive ordinance that would allow them as an affordable housing option.
- Scott Rafferty discussed district elections, stating the council should accept a court ruling on attorney fees and avoid further litigation.
- David Weller raised issues about potholes and damage to his vehicle, claiming the city did not follow its own claim procedures.
- Pat Weaver criticized the city's handling of cannabis retail moratorium and zoning, alleging a green zone excluded certain property owners without public discussion.
- Maria Grijalva (Latino Information and Resource Center) urged the council to pay attorney fees for the district elections enforcement and noted the benefits of district elections for voter turnout.
Proclamations
- Veterans Day Proclamation: Honored November 11, 2024, as Veterans Day. Commander Leo Latori of VFW Post 8762 accepted and thanked the council for support.
- Filipino History Month Proclamation: Recognized October 2024 as Filipino History Month. Councilmember Orozco presented, and David Santiago and Greg Garcia spoke about Filipino contributions.
Discussion Items
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Item 16: Yarborough Appeal – Vesting Tentative Subdivision Map (Resolution 24-119)
- The appellant (Kimber Goddard) argued that the 2008 Environmental Impact Report (EIR) is 16 years old and does not account for significant changes in traffic, flood risk, school capacity, and other impacts. He requested the hearing be continued for a public workshop and that the council order a new EIR.
- City staff (Daniel Brewman, Senior Planner) presented the project overview, emphasizing that the original EIR was certified and remains valid under CEQA because no substantial new evidence of new or more severe impacts was provided. Staff also noted that over 5,800 fewer units are now planned compared to the EIR's cumulative analysis, and that the applicant has met all mitigation requirements.
- The applicant (David Stroud, ASB Properties) rebutted that the EIR is still legally valid and cited examples of older EIRs being upheld. He detailed infrastructure improvements (Jefferson Boulevard widening, new fire station, police CFD) and affordable housing commitments (204 units in Phase 1).
- Numerous public witnesses testified on both sides: opponents cited traffic congestion, flood dangers, outdated EIR, school overcrowding, and emergency evacuation concerns; supporters cited housing needs, economic benefits, developer's track record, and the project's long-term planning.
- Council deliberations: Councilmember O'Calla expressed concern that no updated EIR was done and voted no. Councilmember Roscoe and others argued that the appellant did not meet the legal threshold for supplemental review. The motion to adopt Resolution 24-119 (denying the appeal and confirming the planning commission's approval) passed 4-1 (Sulpizio Hall, Orozco, Early, Guerrero ayes; O'Calla no).
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Item 17: Yarborough Development Agreement Amendments (Ordinance 24-11)
- Staff presented the amended and restated development agreement, which updates terms to reflect current conditions and adds new obligations for public infrastructure (Jefferson Boulevard improvements, Bevan Road, Burroughs Avenue). The modified agreement also removes the police annex requirement in favor of dedicated CFD revenue.
- Public comment included Pat Flint urging adherence to the original community plan and not cutting public input. Others expressed concerns about high-density housing.
- The council voted 4-1 (same split as item 16) to approve the first reading of Ordinance 24-11.
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Item 18: Housing Element Implementation – Zoning Code Amendment (Ordinance 24-15)
- Staff introduced a first reading to amend zoning code to comply with AB 1397, allowing certain residential projects on long-vacant sites with 20% affordable units to bypass discretionary permits.
- No public comment. Councilmember Orosco expressed concern about loss of local control. The motion to approve passed unanimously.
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Item 19: Small Business Accelerator Program
- Economic Development Manager Megan Styles presented a phased program including a Food & Beverage Facility Enhancement Program (up to $15,000), permit fee assistance, vandalism relief, and a strategic tourism marketing program (up to $100,000).
- Public comment from Oscar Garcia (California Hispanic Chambers of Commerce) expressed support and offered collaboration.
- Council discussed outreach to various chambers and measurement of program success. The motion to approve passed unanimously.
Key Outcomes
- Item 16 (Yarborough Appeal): Motion to adopt Resolution 24-119 (deny appeal, confirm planning commission approval) passed 4-1 (Sulpizio Hall, Orozco, Early, Guerrero ayes; O'Calla no).
- Item 17 (Yarborough DA Amendments): First reading of Ordinance 24-11 approved 4-1 (same vote).
- Item 18 (Housing Element Zoning): First reading of Ordinance 24-15 approved unanimously.
- Item 19 (Small Business Accelerator): Program approved unanimously.
- District Elections: The city attorney noted that a court order on attorney fees is pending; council was urged to settle.
- Flood Control: City staff clarified that SB 586 extended the 200-year flood protection deadline to 2040, and an evacuation plan exists. Councilmember Early noted the city's flood control agency meets monthly.
Note: The meeting date is officially November 7, 2024, per instruction, though the transcript references November 6, 2024.
Meeting Transcript
Now that all the council members are present, I call to order the November 6th meeting of the City of West Sacramento City Council and the West Sacramento Redevelopment Agency and Finance Authority. We will begin with the land acknowledgement. We would like to acknowledge that the land on which we live, work, learn, and commune is the original homelands of the indigenous people of West Sacramento who have stewarded this land throughout the generations. We acknowledge and we thank the original inhabitants who have occupied, maintained, and secured this place, and who still exist on this land amongst us. We respect and celebrate the many diverse indigenous peoples still connected to this land on which we gather. And the council met in close session this evening on and on the agenda items listed. Um, Mr. City Attorney, would you please provide a report? Thank you, Madam Mayor. Council met in close session for the two items listed on the agenda. No reportable action was taken. All right, thank you, Mr. City Attorney. We would like to invite our guests to stand and join council and staff in the pledge, which will be led by Commander Leo Alatori. Please come to the podium and um lead us in the Pledge of Allegiance. Pledge allegiance to the flag of the United States of America to the Republic for which it stands. One nation, under God, indivisible, with liberty and justice for all. Thank you so much. As is noted on our agenda, City Council is prohibited by state law from discussing or taking any action on items that are brought up under item one for public comment. But it provides an important opportunity for a public forum. The public is given an opportunity at this time to address city council issue on issues not listed on the agenda. And we do ask that anyone wishing to address the council on this or any other item this evening to please fill out a request to speak card, which is on the ledge there behind the people. Um, and return it to the clerk, and the clerk will raise your hand. There's plenty of people there. Thank you. And um the cards um can be um presented upon conclusion of the reading of the staff report um on any particular agenda item. Once the staff report has been read and we open the item up for public comment, the clerk will announce your name for you to walk up to the podium to speak. Now, in front of the clerk, there is a timer to ensure that everyone has a chance to be heard, and we ask that all comments be limited to the specified number of minutes. Also in front of the clerk is an analog flip chart, which indicates which agenda item the council is currently considering. Now we also recognize that for some speaking in public can cause anxiety. So we request that there be no applause or booze, cat calls, or other vocal form or physical gestures, no clapping, um, any other form of demonstrations. Furthermore, so that we may maintain a civil discourse here in the chambers. We ask that those in attendance and those who address the city council about abide by the code of conduct posted and not speak in loud, threatening, offensive, abusive, or other disrespectful language that disrupts, disturbs or otherwise impedes the disorderly conduct of this meeting. Now this brings us to item one on presentations by the public on matters not on the agenda within the jurisdiction of the council, and each person has three minutes to speak. Madame Clerk, are there any requests to speak? Yes, ma'am. Pat Flint. Welcome, Miss Flynn. It's been a while. Uh Mayor and Council members. Um, I just want to say I am requesting that item 17 be moved to a future date until the public is heard and they receive answers to their questions. I hope you all had time to go over the many pages that this development has created. I expect all of us to act with respect. And most of all, you as council members call for public workshops, such as the skate park, Sacramento Avenue, and other workshops we had in 2008 regarding this very um development. 16 years ago was a lifetime ago. Many changes have happened. And respect that those impacts affect us every day. And so I'm asking you to listen to what we have to say to meticulously remind you that it being on the on the agenda for approval tonight is ridiculous. And that I I hope that you'll move it to a future date. Thank you.
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