CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 10, 2013  CALL TO ORDER/ROLL CALL  Mayor Davis called the regular City Council meeting of July 10, 2013 to order at 6:00  p.m. Present: Absent:  Mayor Davis, Vice Mayor Detrick and Council Members Cooper, Hume  and Trigg. None.  Council Member Cooper led the Pledge of Allegiance. Mayor Davis asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Cooper/Detrick to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION  There were no public requests to speak. recessing to closed session at 6:03 p.m.:  The City Clerk announced the following closed session items prior to the City Council  A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION  Pursuant to Government Code S 54957  Title: City Manager  B) CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code S 54957.6 City Representative: Gary Davis, Mayor Unrepresented Employee: City Manager  The City Council reçonvened at 6:33 p.m. with all members present. Mayor Davis  announced that no reportable action was taken in closed session.  Elk Grove City Council Regular Meeting, July 10, 2013 Page 1of11    PRESENTATIONSIANNOUNCEMENTS  None.  PUBLIC COMMENT be held in September.  Rod Brewer spoke in support of creating an event for a soap box derby in Elk Grove to John Lobertini detailed the proposal of the soap box derby event, planned to be held September 28 and 29 at Grant Line Road west of State Route 99 on-ramp. He noted meeting with City staff on the proposed event, and that staff raised concerns regarding traffic. Mr. Lobertini believed the Grant Line location was the single suitable location for City Manager Laura Gill noted staff continued to evaluate the request and that the Public Works Department was coordinating with CalTrans to address issues of the Lynn Wheat stated she had received a response to her comments made to the Sacramento Local Agency Formation Commission (LAFCo) regarding the Sphere of Influence (SOI) application that fees related to new growth would be determined by local policies. Ms. Wheat believed local policies placed those costs on taxpayers moving into particular areas of the City, and stated her opposition to allowing rezones in master  the event, and sought support of the event by the City.  proposed road closures on traffic flow around the freeway interchange.  planned areas.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the July 10, 2013 Administrative Report (filed). City Manager Gill responded to Vice Mayor Detrick that booth space could be allocated for sister city Concepcion de Ataco at the Multicultural Festival event. COUNCIL COMMENTS/REPORTS. /FUTURE AGENDA ITEMS  Vice Mayor Detrick attended waterski competition events, and the annual Salute to the Red, White, and Blue fireworks show and Independence Day celebration event. He noted receiving requests from local youth baseball teams for assistance to travel to playoff events, noting he had personally contributed $500 towards the requests and asked other members of the City Council if they would consider donating as well. Mr. Detrick noted receiving a request from Bob Dayton to utilize the Old Town Plaza property to locate a temporary facility twice a month to provide medical services for the Council Member Cooper attended the Independence Day celebration event, and stated the Sacramento Regional County Sanitation District did not meet during the reporting  needy.  period.  Council Member Trigg had no items to report.  Elk Grove City Council Regular Meeting, July 10,2013 Page2of11    Council Member Hume had no items to report for regional boards and commissions. He noted the next Capital SouthEast Connector Joint Powers Authority Board meeting would be held August 5, and the groundbreaking ceremony for Blue Line South Line Phase II extension to Cosumnes River College would be held August 13. Mayor Davis attended the Independence Day celebration event, and the Elk Grove Library summer reading program kickoff event. He attended the annual meeting of the United States Conference of Mayors the week of June 21-24, noting a program was presented to assist local businesses in creating an online presence, and suggested the City partner with the Elk Grove Chamber of Commerce to assist local businesses  getting online.  CONSENTCALENDARITEMS PUBLIC COMMENT None.  Motion: M/S Hume/Detrick to approve the Consent Calendar as presented. The Agenda Item No. 8.1: Approved City Council Regular Meeting Minutes of March 13, Agenda Item No. 8.2: Received report on City Manager approved purchases and contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and Agenda Item No. 8.3: Received report on Requests for Proposals, Qualifications, and  motion passed by the following vote: Ayes: 5; Noes: 0.  2013.  Purchasing, filed through July 2, 2013  Bids  PUBLIC HEARINGS  Agenda Item No. 9.1: A public hearing to consider a Specific Plan amendment, amendment to the Elk Grove Town Center Design Guidelines, Conditional Use Permit, Tentative Parcel Map, Design Review, and Uniform Sign Program for the Dignity Health  Elk Grove Medical Campus (EG-12-014)  RECOMMENDATION:  The Planning Commission recommends (4-0) that the City Council adopt resolutions: 1) Certifying the Subsequent Environmental Impact Report, and approving the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the Dignity Health Elk Grove Medical Campus Project No. EG-12- 2) Approving the Specific Plan Amendment, Amendment to the Elk Grove Town Center Design Guidelines, Conditional Use Permit, Tentative Parcel Map, Design Review, and Uniform Sign Program for the Dignity Health Elk Grove Medical Campus Project (EG-  014;  12-014), subject to the Findings in the Resolution.  Elk Grove City Council Regular Meeting, July 10, 2013 Page 3of11    With the aid of an overhead presentation (filed), Gerald Park, Senior Planner, provided an overview of the staff report, project overview, and recommendation. Mr. Park replied to Council questions that the helipad was not to receive emergency transfers coming in, but was intended for transfers of patients leaving the hospital, with an expectation of 10 or less trips annually, with the majority of departures occurring during the daytime.  Mayor Davis declared the public hearing open.  Wendy Hoyt, representing the applicant Dignity Health, voiced appreciation for the City process that started back in June 2008 when the landowner applied for a rezone for the future hospital campus on the site. She noted $35 million had been invested in bringing the current medical office building at Wymark Road, including a $2 million infrastructure investment to create the front entry of the future medical campus. She noted the phased campus plan of the project was in no way intended to be a trauma center which would regulate incoming flights to other designated facilities, and confirmed the outgoing helipad use was estimated at 8 to 10 times annually. Ms. Hoyt offered the additional cost to move the helipad from the ground to the top of the building was estimated at $6 million, but the change enhanced the site plan both in reducing noise  and improving site safety. PUBLIC COMMENT:  Tim Litton, representing Carpenters Local Union 46, stated the organization looked forward to working with Dignity Health on the project, and requested Dignity Health Lynn Wheat did not believe a facility as tall as presented was required, unless it was planned to consider closing the nearby Methodist Hospital north of the City. She questioned the need for the helistop at the costs cited, proposed low annual use, and presumptions trips would only occur during daylight hours. She believed the number of annual trips and hour of operation should be included as conditions of approval on the project. She believed nighttime flights and helipad lighting would be intrusive to the surrounding community. Ms. Wheat stated her understanding that there would be further opportunities to review and comment on the helipad for the project, and requested clarification on what further opportunities there would be to address the Angela Perry, representing that Elk Grove Chamber of Commerce and Elk Grove Economic Development Corporation, supported approval of the project. Ms. Hoyt responded to the issues raised on the helistop, noting those issues were addressed in the feasibility studies that were submitted as part of the project. Jim Morrison, representing the applicant Dignity Health, addressed the labor questions raised, and noted Dignity Health would continue its practices of support for, and efficacy of, labor unions, their construction contracts, and associated apprenticeship  implement a joint apprenticeship program for their contractors.  helipad.  programs.  Elk Grove City Council Regular Meeting, July 10,2013 Page 40 of11    Mr. Park clarified issues regarding the helistop: regarding lighting, it was controlled by remote by the pilot and would be non-lit until the stop was utilized, use of the helistop would be regulated by federal law, and though flights could occur at nighttime in the event of an emergency, the facility planned to schedule flights during the day.  Mayor Davis declared the public hearing closed.  Council Member Hume stated he had no conflict of interest regarding the project, and Planning Director Taro Echiburû provided clarification that the action would approve the design view for the Phase 1 building only, and that the later phases of the project would require additional design review to return at a future date for approval. One of the later phases included the helistop, which would return for review at a future date. Motion #1: M/S Hume/Trigg to adopt Resolution No. 2013-124 certifying the Subsequent Environmental Impact Report, and approving the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the Dignity Health Elk Grove Medical Campus Project No. EG-12-014. The motion passed by the Motion #2: M/S Hume/Detrick to adopt Resolution No. 2013-125 approving the Specific Plan Amendment, Amendment to the Elk Grove Town Center Design Guidelines, Conditional Use Permit, Tentative Parcel Map, Design Review, and Uniform Sign Program for the Dignity Health Elk Grove Medical Campus Project (EG-12-014), subject to the Findings in the Resolution. The motion passed by the following vote: Agenda Item No. 9.2: A public hearing to consider a General Plan Amendment, a Specific Plan Amendment to the Laguna Ridge Specific Plan, a Rezone of approximately 3.9t acres from RD-30 (High Density Residential) to SC (Shopping Center), and an amendment to the Elk Grove Town Center Design Guidelines for the Laguna Ridge Town Center Rezone Project (EG-13-029; APN 132-2120-009) The Planning Commission recommends (5-0) that the City Council:  would be voting on the matter.  following vote: Ayes: 5; Noes: 0.  Ayes: 5; Noes: 0.  RECOMMENDATION: 1) Adopt a Resolution:  a. Finding no further California Environmental Quality Act review is necessary for the Laguna Ridge Town Center Rezone pursuant to Section 15183 of Title 14 of the b. Approving a General Plan Amendment from High Density Residential (HDR) to Commercial (C) for the project site and amending the Housing Element to reflect this C. Approving the proposed Specific Plan Amendment from RD-30 (High Density 2) Introduce and waive the full reading, by substitution of title only, an ordinance approving a rezone from RD-30 (High Density Residential) to SC (Shopping Center) for  California Code of Regulations;  change;  Residential) to SC (Shopping Center); and  d. Amending the Elk Grove Town Center Design Guidelines; and  Elk Grove City Council Regular Meeting, July 10,2013 Page5of11    the Laguna Town Center Rezone Project (EG-13-029); Assessor Parcel Number 132- With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager provided an overview of the staff report and recommendation. In 2004 the site was initially identified for medium density residential (RD-15) development, and modified in 2008 to high density residential (RD-30) development as part of the Town Center Project and included as part of the state mandated Regional Housing Needs Assessment (RHNA) development list at that time. Currently the City was in process of updating the RHNA sites list, and noted the site was not being considered as it was removed from a size perspective and proximity to a residential project that had been approved. The applicant requested modifying the land use designation for commercial use to match the surrounding land uses to the north and west for commercial development purposes of the site. Changing the use from high density residential to commercial would reduce overall water demand and traffic demand at the site. Mr. Jordan noted a planning commissioner had raised concern of taking action to  2120-009.  change the land use absent an application for a project. Mayor Davis declared the public hearing open.  Thad Johnson, the applicant representative, stated the requested changes would provide for comprehensive integrative commercial design of the town center, and provide for improved access to the Dignity Health project. The new commercial land use would remove uncertainty on zoning for discussion with potential tenants. Mr. Johnson stated that the previous owner had let prior assessments and taxes go into arrears. He stated the current owner's intent to pay all outstanding assessments that the prior owner had not paid, but requested relief of City penalties and interest  associated with those delinquencies incurred by the prior owner.  PUBLIC COMMENT: None.  Mayor Davis declared the public hearing closed.  Council Member Hume requested, and received City Council consensus, to return an item for consideration of waiving past tax penalties and interest accrued by the prior  owner in arrears on the property on taxes levied by the City. Motion #1: M/S Hume/Detrick to adopt Resolution No. 2013-126:  a. Finding no further California Environmental Quality Act review is necessary for the Laguna Ridge Town Center Rezone pursuant to Section 15183 of Title 14 of the b. Approving a General Plan Amendment from High Density Residential (HDR) to Commercial (C) for the project site and amending the Housing Element to reflect this C. Approving the proposed Specific Plan Amendment from RD-30 (High Density  California Code of Regulations;  change;  Residential) to SC (Shopping Center); and  d. Amending the Elk Grove Town Center Design Guidelines. The motion passed by the following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, July 10,2013 Page6of11    Motion #2: M/S Hume/Detrick to Introduce and waive the full reading, by substitution of title only, Ordinance 11-2013 approving a rezone from RD-30 (High Density Residential) to SC (Shopping Center) for the Laguna Town Center Rezone Project (EG- 13-029); Assessor Parcel Number 132-2120-009. The motion passed by the Agenda Item No. 9.3: A public hearing to consider a Conditional Use Permit and Determination of Public Convenience or Necessity for Laguna 99 Shopping Center = Walmart Market located at 8455 Elk Grove Boulevard (EG-13-024; APN: 125-0010-040) The Planning Commission recommends (5-0) that the City Council adopt a resolution: 1) Finding the Laguna 99 Shopping Center WalMart Market CUP project (EG-13-024) exempt from the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of Division 6 of Chapter 3 of Title 14 of the California Code of 2) Approving a Conditional Use Permit and Determination of Public Convenience or Necessity for the Laguna 99 Shopping Center WalMart Market CUP project (EG-13- 024) subject to the findings and conditions of approval included in the proposed With the aid of an overhead presentation (filed), Sarah Kirchgessner, Senior Planner In reply to Mayor Davis, staff noted when applications were received for a typical market project where alcohol sales were ancillary, such projects were often found to be a redistribution of sales in an area, and would not generate concerns serving as grounds for a staff recommended denial of a determination of Public Convenience or Necessity. Ifan application was received to alter a condition, such as single sales as opposed to package sales of alcohol, or proposed a business predominantly bringing additional sales of alcohol only, such as a liquor store or an alcohol-based nightclub, such applications would be subject to additional analysis of the effect of such projects on the surrounding environment. It was noted that there had been applicants who had approached the City with projects primarily of sales of alcohol only, and after preliminary analysis by staff providing reasons that would lead staff to a recommendation for denial,  following vote: Ayes: 5; Noes: 0.  RECOMMENDATION:  Regulations; and  resolution.  provided an overview of the staff report and recommendation.  such applications were subsequently withdrawn. Mayor Davis declared the public hearing open.  PUBLIC COMMENT:  Miriam Montesinos, representing the applicant Walmart, noted the policies and training Julie Sala spoke in support of Walmart as a community partner, noting their donations  of Walmart to securely regulate store alcohol sales. and assistance provided to the Elk Grove Food Bank.  Elk Grove City Council Regular Meeting, July1 10,2013 Page7of11    Kendra Lewis, representing the Elk Grove Police Activities League, spoke in support of Norm DeYoung spoke in support of the application for Walmart neighborhood market to possess a liquor license, and spoke in support of Walmart citing their community  Walmart citing their community involvement and contributions.  involvement and contributions.  Mayor Davis declared the public hearing closed.  Council Member Cooper opposed the application. He believed Walmart stores were associated with higher crime statistics, and this neighborhood market was already in close proximity to an existing Walmart store that already provided alçohol sales. He felt the project should have applied for the license when it first was established instead of a Mayor Davis noted the surrounding shopping center had numerous locations for alcohol sales. He believed Walmart made good efforts as a community partner, but did not believe that was a basis to advocate for a higher concentration of alcohol sales in the  year later.  project area.  Motion: M/S Hume/Detrick to adopt Resolution No. 2013-127:  1) Finding the Laguna 99 Shopping Center Wal-Mart Market CUP project (EG-13-024) exempt from the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of Division 6 of Chapter 3 of Title 14 of the California Code of 2) Approving a Conditional Use Permit and Determination of Public Convenience or Necessity for the Laguna 99 Shopping Center Wal-Mart Market CUP project (EG-13- 024) subject to the findings and conditions of approval included in the proposed resolution. The motion passed by the following vote: Ayes: 3; Noes: 2 (Davis, Council Member Cooper requested that staff provide crime statistics for retailer sites in Agenda Item No. 9.4: A public hearing to consider amendment to the conditions of approval for the Allen Ranch Tentative Subdivision Map located generally in the area west of Laguna Springs Drive between Civic Center Drive and Lotz Parkway (EG-03-  Regulations; and  Cooper). the City limits.  493, EG-13-019; APN: 132-2150-022) RECOMMENDATION:  Staff recommends that the City Council adopt a resolution:  1) Finding the proposed amendments to the conditions of approval for the Allen Ranch Tentative Subdivision Map exempt from the California Environmental Quality Act pursuant to Section 15182 (Residential Projects Consistent with a Specific Plan) of Title 14 oft the California Code of Regulations and Government Code Section 65457; and 2) Amending the Conditions of Approval for the Allen Ranch Tentative Subdivision Map  project.  Elk Grove City Council Regular Meeting, July 10,2013 Page8of11    With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The changes under the proposed recommendation were to replace in full the conditions of approval for the project to reflect current standards for projects and the amended guiding principles for infrastructure and public facilities in the specific plan area, there would be no changes to  the approved tentative map for the project. Mayor Davis declared the public hearing open.  PUBLIC COMMENT: None.  Mayor Davis declared the public hearing closed.  Motion: M/S Detrick/Hume to adopt Resolution No. 2013-128:  1) Finding the proposed amendments to the conditions of approval for the Allen Ranch Tentative Subdivision Map exempt from the California Environmental Quality Act pursuant to Section 15182 (Residential Projects Consistent with a Specific Plan) of Title 14ofthe California Code of Regulations and Government Code Section 65457; and 2) Amending the Conditions of Approval for the Allen Ranch Tentative Subdivision Map project. The motion passed by the following vote: Ayes: 5; Noes: 0. Agenda Item No. 9.5: A public hearing to consider amendment to the conditions of approval for the Madeira East Tentative Subdivision Map located generally in the area north of Whitelock Parkway on both sides of future Lotz Parkway and one 10 acre property directly south of Whitelock Parkway (EG-03-481, EG-13-020; APNS 132-0280-  008, -014, and -034, and 132-0290-029)  RECOMMENDATION:  Staff recommends that the City Council adopt a resolution:  1) Finding the proposed amendments to the conditions of approval for the Madeira East Tentative Subdivision Map exempt from the California Environmental Quality Act pursuant to Section 15182 (Residential Projects Consistent with a Specific Plan) of Title 14 oft the California Code of Regulations and Government Code Section 65457; and 2) Amending the conditions of approval for the Madeira East Tentative Subdivision Map With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The changes under the proposed recommendation were to replace in full the conditions of approval for the project to reflect current standards for projects and the amended guiding principles for infrastructure and public facilities in the specific plan area. One element different for this project was the area would have a 69 kilovolt (KV) electrical service line. When neighboring developments of the Grove and Dell Webb projects went in a few years ago there were conditions that required running the 69 kV line underground, which those developers complied and prepared for, and today a series of underground vaults were incorporated in the area of the project's parkway landscape for the future undergrounding. Additionally, cables had been purchased awaiting installation once the  project.  Elk Grove City Council Regular Meeting, July 10,2013 Page9of11    substation was completed. There were no conditions of the City that specifically require undergrounding, there was a condition that required the disclosure of underground activities that were part of Whitelock Parkway. Sacramento Municipal Utility District (SMUD) provided feedback that though local lines (such as 12 kV lines) and small transmission facilities were underground, an overhead 69 kV line was preferred. Though techniçally feasible to underground a 69 kV line, such installation had a high cost, operated differently than an overhead facility (reducing the level of interconnectedness of the power grid system), and potentially would have higher long- term maintenance costs. Mr. Jordan noted General Plan and Laguna Ridge Specific Plan policies reflecting a preference for undergrounding facilities. In regards to the neighboring developments of the Grove and Del Webb Projects, the underground work was completed at the developers' expense and those facilities were not reimbursed, though undergrounding of utility lines could be pursued for reimbursement based upon bond availability through the Laguna Ridge Community Facilities District. Staff recommended conditioning the project explicitly to require the undergrounding of the  69kV line.  Mayor Davis declared the public hearing open.  PUBLIC COMMENT:  Les Hock, speaking on behalf the applicant, stated disagreement with conditions requiring the 69 kV line to go underground. He believed the underground line was cost prohibitive, not desired by SMUD, and requirements to underground the line would require a larger easement which would prove difficult within the confines of the parkway space considering existing drainage and utility lines in the area. He noted that whether the facilities were underground or overhead it would be required to have poles in and Council Member Hume received clarification that 69 kV lines were considered primary transmission lines, and subsequently City policy excluded undergrounding of primary Jay Pawlek, representing primary owners at the site, agreed that undergrounding was not appropriate. He also addressed conditions related to water agency approvals of well sites, and requested the conditions be modified that the well site requirement be moved forward to relate only to the future office development of the property, as both the City and Sacramento County Water Agency (SCWA) had acknowledged the well Mr. Jordan noted Conditions 78 and 79 required amendment, as currently each stated the SCWA would not sign improvement plans until the applicant had entered into a purchase agreement for well sites, and those ending sentences were intended to be removed under the new conditions. He shared that City staff held concerns that SCWA was making requests inconsistent with the Subdivision Map Act, and believed the intent was for sites to be reserved in the final map, not at the improvement plan stage which was where the project was currently. He suggested language that could be utilized to address the concerns addressed by Mr. Pawlek, which was incorporated into the motion  around the substation site.  transmission lines and substations.  sites should not be located in the residential portion.  of the item per below.  Elk Grove City Council Regular Meeting, July 10,2 2013 Page 10of11    Mayor Davis declared the public hearing closed.  Motion: M/S Hume/Detrick to adopt Resolution No. 2013-129:  1) Finding the proposed amendments to the conditions of approval for the Madeira East Tentative Subdivision Map exempt from the California Environmental Quality Act pursuant to Section 15182 (Residential Projects Consistent with a Specific Plan) of Title 14 of the California Code of Regulations and Government Code Section 65457; and 2) Amending the conditions of approval for the Madeira East Tentative Subdivision Map project as amended to remove the undergrounding requirement Condition 17 and renumber remaining conditions, change Condition 78 reserving the location of the well sites to only in the Business Park zoned areas of the property, and changes to Conditions 78 and 79 to remove language regarding timing to remove :... or signing of improvement plans whichever occurs first..., reverting to solely final map approval, and removal of the last sentence "SCWA will not sign improvement plans until the Applicant has entered into a purchase agreement for said well sites [Condition 78] / treatment plan site. [Condition 79] The motion passed by the following vote: Ayes:  5; Noes: 0.  REGULAR AGENDA ACTION EHS/RECOAMENDATONS  None.  ADJOURNMENT  With no additional business to conduct, the July 10, 2013 regular City Council meeting  was adjourned at 9:04 p.m.   JASON LINDGREKTYCIENK  ATTEST:  GARY DAVIS,  y  Elk Grove City Council Regular Meeting, July 10,2013 Page 11of11