CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL Wednesday, October 10, 2012  REGULAR MEETING  CALL TO ORDER/ROLL CALL  Mayor Cooper called the regular City Council meeting of October 10, 2012 to order at  6:01 p.m. Present: Absent:  Mayor Cooper, Vice Mayor Hume, and Council Members Davis, Detrick  and Scherman. None.  Members of Cub Scout Pack 179, Den 6 Wolves led the Pledge of Allegiance.  Mayor Cooper asked that a moment of silence be observed.  APPROVAL OF AGENDA  Motion: M/S Scherman/Hume to approve the agenda as presented. The motion  passed by the following vote: Ayes: 5; Noes: 0.  CLOSED SESSION None.  PRESENTATIONS/ANNOUNCEMENTS  4.1 Mayor Cooper presented a Proclamation declaring October 2012 as Disability 4.2 The City of Elk Grove Disability Advisory Committee recognized recipients of the 6th Annual Above and Beyond Program Accessibility Award to Sarah Ming of Elk Grove Adult Community Training (EGACT), Eric Seward of the business AIM Higher, and Chevy's Fresh Mex, Elk Grove nominated for their work history with  Awareness Month to the Disability Advisory Committee  employee Susan Chamberlin of over 13 years.  PUBLIC COMMENT  Greg Higley offered his assistance as a local business owner to the City to provide feedback to identify issues and opportunities to improve the business climate. Brian Detrick thanked the City for its support for the Annual Fittest of Elk Grove Competition / Wellness Fair event benefitting the Elk Grove Police Activities League. Two qualifying events had concluded, with 90 registered participants from Elk Grove, and an estimated 900 plus spectators per each qualifying event. The finals event would  Elk Grove City Council Regular Meeting, October 10,2012 Page 1of6    take place on October 21 at the Bartholomew Sports Complex, featuring 65 athletes who advanced from the qualifying event, and included a CrossFit exhibition, a health  and wellness fair, and various entertainment activities. GENERAL ADMINISTRATIONINFORMATION  City Manager Laura Gill reviewed the October 10, 2012 Administrative Report (filed).  COUNCIL COPEMTEIREPORTEINIUEE AGENDAITEMS  Council Member Scherman had no items to report from the Sacramento Public Library Authority Board meeting, but noted the Friends of Sacramento Public Library organization were recipients of a 2012 California Library Trustees and Commission Association Award for outstanding service to the local library system. She attended the 2012 Discover Elk Grove Small Business Expo hosted by the Elk Grove Chamber of Commerce. Ms. Scherman invited the community to attend the Veterans Day parade Council Member Davis attended the Cosumnes Community Services District Giant Council Member Detrick attended the 2012 Discover Elk Grove Small Business Expo, noting a dinner event followed. Mr. Detrick attended the two qualifier events of the Vice Mayor Hume stated he had excused himself from the September 12 City Council meeting due to illness and missed an item to reconfirm one of his appointments, and stated confirmation of Mikaela DeRose to a second, two-year term on the Youth Commission. He noted the Sacramento Regional Transit District Board meeting was canceled and the upcoming Capital SouthEast Connector Joint Powers Authority Board meeting would be discussing the project plan of finance. The Sacramento Regional County Sanitation Board of Directors meeting previewed a new communications and outreach website www.sewersense.com that provided a history of the District and the Mayor Cooper provided an update on the Sacramento Regional County Sanitation and Sacramento Area Sewer District Board of Directors meeting noting updates were being reviewed of ordinances requiring a connection of properties within 200 feet to public sewer, rather than being allowed to have a septic system. He noted a public sewer hookup ranged from $15,000 to $40,000 as opposed to the septic system fees ranging  that would be held November 11.  Pumpkin Festival.  Fittest of Elk Grove Compettion/Weliness Fair.  regulatory environment that will affect future sewer rates.  from $3,000 to $5,000. CONSENT CALENDARITEMS PUBLIC COMMENT None.  Motion: M/S Detrick/Scherman to approve the Consent Calendar. The motion  passed by the following vote: Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, October 10, 2012 Page2of6    Agenda Item No. 8.1: Approved City Council Meeting Minutes of June 27, 2012 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 Agenda Item No. 8.4: Ordinance No. 19-2012 adopted amending portions of Elk Grove Municipal Code Title 23 related to Recreational Vehicle, Trailer, and Vessel Agenda Item No. 8.5: Ordinance No. 20-2012 adopted amending Elk Grove Municipal Code Section 2.04.010 relating to Council Members' salaries (Second Reading) Grove Municipal Code Title 1, Title 2, Title 7, and Title 23 to designate appointment authority to boards, commissions, and committees to the directly elected mayor  special meeting  Purchasing, filed through October 3, 2012  Bids  Parking (Second Reading)  Agenda Item No. 8.6: (Second Reading) Agenda Item No. 8.7:  Ordinance No. 21-2012 adopted amending portions of Elk  Resolution No. 2012-175 adopted authorizing the City  Manager sign the Loan Agreement and associated documents between the City of Elk Grove and Housing Solutions, Inc. for the acquisition of two properties on Emerald Park  Drive  Agenda Item No. 8.8:  Resolution No. 2012-176 adopted authorizing the City  Manager to accept program funding from Petsmart Charities to implement a two-year spay and neuter program for free-roaming cats and amend the Police Department's  Fiscal Year 2012-13 budget in the amount of $68,750  Agenda Item No. 8.9: Executive Research Forum  Resolution No. 2012-177 adopted authorizing the City  Manager to submit a grant change of scope application to the U.S. Department of Justice reassigning grant funds for professional consulting services with Police Agenda Item No. 8.10: Resolution No. 2012-178 adopted authorizing the City Manager to execute a Memorandum of Understanding and related agreements with the Sacramento Transportation Authority for Measure A Ongoing Annual Capital Program Agenda Item No. 8.11: Resolution No. 2012-179 adopted dispensing with the formal request for proposal requirements and authorizing the City Manager to execute the first amendment to Master Services contract with the Cosumnes Community Services District in an amount of $200,000 [for a total compensation amount not-to- Agenda Item No. 8.12: Resolution No. 2012-180 adopted authorizing the City Manager to execute a contract amendment with Interwest Consulting Group for Building Safety and Inspection Services to increase the term of contract for a period of two years  Expenditures  exceed $400,000 as executed by task order]  Elk Grove City Council Regular Meeting, October 10,2012 Page 3of6    with three additional two-year extensions for a total amount not-to-exceed 53 percent of  Building Permit and Plan Check Fee Revenues  PUBLIC HEARINGS  Agenda Item No. 9.1: A continued public hearing (from August 22, 2012) to consider adopting a resolution updating the fee schedule for Planning and Building Services Adopt resolution approving the update to the fee schedule for Planning and Building Marsha Ley, Accounting Manager, provided an overview of the staff report and  RECOMMENDATION Services. recommendation. PUBLIC COMMENT:  Mayor Cooper declared the public hearing open.  Greg Higley believed City fees were cost prohibitive for businesses to locate in Elk Grove. The combination of licensing, zoning, fire inspections, and additional regulations were problematic for business owners, and he believed the City would benefit from establishing a regular outreach meeting with local business owners to addresses such  policies and issues.  Mayor Cooper declared the public hearing closed.  Motion: M/S Davis/Detrick to adopt Resolution No. 2012-181 approving the update to the fee schedule for Planning and Building Services. The motion passed by the Agenda Item No. 9.2: A public hearing to consider the appeal by Town and Country Contractors, Inc. of the Planning Commission decision on September 6, 2012 to deny an Amendment to the Old Town Type III Design Review for the Shell Service Station located at 8901 Elk Grove Boulevard (Project Nos. EG-11-051, EG-12-026, EG-12-030:  following vote: Ayes: 5; Noes: 0.  APN 125-0151-030) RECOMMENDATION additional direction.  Staff recommends the City Council consider and either decide the appeal or provide With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. The service station suffered a catastrophic fire in Spring 2011 which led to the closure and demolition of the site. For the owner to reconstitute the use at the site certain approvals were necessary, and in February 2012 the Planning Commission issued those entitlement approvals, subject to a set of conditions. The site was located within the Old Town Special Planning Area (Old Town SPA) which provided for development regulations and prohibited new service stations in the area, but did provide provisions for the reconstituting of such a use should a catastrophic event occur. The Planning Commission reviewed the project and determined it was reconstituting the use and could move forward without any of the development standards that would otherwise  Elk Grove City Council Regular Meeting, October 10, 2012 Page 4of6    apply, however, the Planning Commission noted the project was located at the gateway into the Old Town SPA and they believed some of the language of the Old Town SPA should be used as a guide for reviewing the project. A condition was imposed restricting the amount of yellow used on the canopy, and to certain dimensional and proportion restrictions on the use of any corporate logo. The applicant proceeded with construction of the project after that entitlement approval and issuance of the building permit. As they completed construction they received their final materials from Shell Oil Company and started installing them, only then realizing what they were supplied with was not consistent with the conditions of approval. The applicant brought the matter to staff and moved forward with an amendment to the conditions for review September 6, 2012. The Planning Commission reviewed the amendment and affirmed the Old Town SPA did not apply, but held a desire to use it as a guide for review of the project. The Planning Commission raised concern no physical correspondence had been received from Shell Oil Company regarding design restrictions to the applicant as a contractual obligation, and concem that the original approval negotiated conditions in good faith with the applicant, and reversal of this condition could open the door to other reversals and desires on the part of other applicants. Subsequently the Planning Commission denied the amendment. The matter tonight was the applicants appeal of that denial. In reply to inquiries of the City Council, Mr. Jordan noted correspondence had been received from Shell Oil Company (filed) stating design restrictions to the applicant as a contractual obligation. Regarding the Planning Commission's use of the Old Town SPA standards, when noting the project was exempt from such standards, Mr. Jordan described his understanding was the desire of the Planning Commission to use the Old Town SPA as a guide to reduce the amount of yellow banding and corporate branding,  without eliminating the corporate design completely. Mayor Cooper declared the public hearing open.  Dale Miles, applicant and owner of the project site, provided visuals of the site and supporting documentation (filed), and believed the project utilized a site design that was tasteful and fit with surrounding uses. He noted he had rejected initial bids which he thought presented unsightly buildings, and rebid the project to make it look like the former station, with efforts to match the library in the vicinity, spending $50,000 of his own money in excess of the insurance funds to implement a preferred design. He expressed his commitment as a business owner and pride in site, doing all steps necessary to comply with regulations. He originally believed the process to reopen the site would take three to four months, and currently the process had exceeded 17 months. He noted the station two years ago had averaged $35,600 a month in sales tax revenue, and negotiations he had conducted were done in good faith to reopen the business. He had fully intended to implement the conditions established by the Planning Commission, but upon direction by Shell Oil Company that compromising any part of the brand identity would be in direct violation of the lease he pursued the amendment. He displayed pictures of the canopy design, noting it had 46.5% yellow coverage, and showed examples in the community of other canopies that had 85% yellow coverage. He compared the current deign with what was previously at the site, and noted he had only received compliments on the site to date with no complaints. Mr. Miles requested the amendment request be approved, citing the Planning Commission statements that the project was not subject to the Old Town SPA  Elk Grove City Council Regular Meeting, October 10,2012 Page 5of6    regulations, and he noted receiving letters of support for the project from over 50 businesses in the Old Town SPA and over 1,200 signatures from members of the Vice Mayor Hume appreciated the show of community support and concurred that he had not heard of a single complaint regarding the project. He noted the good business practices and active role in the community of Mr. Miles, and believed Mr. Miles was taking all steps necessary to mitigate and address the conditions of the City and to Inr reply to Council Member Detrick, Mr. Miles noted the illuminated monument sign was permitted eight years ago to Shell Oil Company. He was a franchise lease dealer at that time, and the other on-site signage was removed and replaced with the internally The City Council commented that if it was determined that the Old Town SPA did not apply to the project, then conditions should not be imposed on the project on the basis Note: Speakers declined to comment after hearing the intent of the City Council to  community.  comply by the requirements to lease from Shell Oil Company.  lluminated monument price sign.  of the Old Town SPA, and the appeal should be granted.  grant the appeal. PUBLIC COMMENT: None.  Mayor Cooper declared the public hearing closed.  Motion: M/S Hume/Scherman to adopt Resolution No. 2012-182 granting the appeal and amending the Conditions of Approval for the Old Town Shell Rebuild (EG-11-051).  The motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR AGENDA ACTION ITEMS/RECOMMENDATIONS  None. ADJOURNMENT  With no additional business to conduct, the October 10, 2012 regular City Council  meeting was adjourned at 7:05 p.m.  A R JASON INDGRENETYCERK  fle  Elk Grove City Council Regular Meeting, October 10,2012 Page6 6of6