CITY OF ELK GROVE Incorporated July 1, 2000  MINUTES OF THE CITY COUNCIL  REGULAR MEETING Wednesday, July 27,2011  CALL TO ORDER/ROLL CALL  Mayor Detrick called the regular City Council meeting of July 27, 2011 to order at  6:09 p.m. Present: Absent:  Mayor Detrick, Vice Mayor Cooper, and Council Members Davis, Hume  and Scherman. None.  Robert Presley led the Pledge of Allegiance.  Mayor Detrick asked that a moment of silence be observed.  APPROVALOF AGENDA  Motion: M/S Davis/Cooper 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 Detrick presented Certificates of Recognition to Carolyn Cords and Joseph Bozzie for their life saving efforts on June 25, 2011 at Carmel Beach, California. 4.2 With the aid of an overhead presentation (filed), Public Information Officer Christine Brainerd gave a presentation on the Elk Grove Diversity Awareness Program. The Program would launch August 1 to recognize diversity as one of the greatest assets of the community. The centerpiece of the Program was a pledge, a call to action of residents to show support for unity and acceptance of all cultures. The program would be promoted through advertising, social media, promotional items (postcards, posters, and awareness bracelets), community outreach, and an interactive website to take the pledge at www.elkgrovediversiypledge.org. Names of those subscribing to the pledge were planned to be included in a future public art piece. Community partners, including the Elk Grove Unified School District, Cosumnes Community Services District, and the City's Youth Commission, had agreed to assist with promoting the program.  PUBLIC COMMENT  Qamaruddin Shaikh, speaking as a small business contractor who had done concrete work as a subcontractor on the Sheldon Road / Highway 99 Interchange Project, believed he was incorrectly removed from working on the project. He stated he was  Elk Grove City Council Regular Meeting, July 27,2011 Page 1of18    removed from the project on the basis that he was not able to financially provide a bond, but believed, as the project was under a federal contract, that state contract law requirements should not have been applied. Since 2008 until now, he had been trying tor meet with City officials and staff in the Public Works Department without success, noting the Public Works Department had stated the issue was between the subcontractor and the general contractor. Mr. Shaikh requested a full investigation of the circumstances concerning the matter, believing he was being subjected to this City Manager Laura Gill noted the complaint had been received by the City, and the matter was being investigated by the City Human Resources Director, who also served as the Equal Opportunity Office Official for the City. The matter was being investigated Lou Moore spoke in support of Walmart, sharing his experience of the philanthropic Michelle Orrock, representing the Elk Grove Police Activities League (PAL), presented a plaque to Mayor Detrick in appreciation of the City's support of the organization. She noted PAL had been in operation since 2007, with a goal to build trust and understanding between youth and police officers, reinforce responsible values, and prevent crime. She stated 500 youth currently participated in programs offered by PAL (football, basketball, and track). Ms. Orrock noted the current Executive Director was Kendra Lewis, and PAL was planning a golf tournament fundraiser in September.  treatment as his business was a minority enterprise.  by CalTrans officials as well.  contributions of the Walmart organization to the community.  GENERAL ADMINISTRATION INFORMATION  City Manager Laura Gill reviewed the July 27, 2011 Administrative Report (filed). COUNCIL COMMENTS/REPORTS/FUTURE AGENDA ITEMS  Council Member Scherman attended the Sacramento Public Library Authority Board meeting and received budget updates regarding City of Sacramento and Sacramento Inn reply to Council Member Scherman, City Manager Laura Gill noted the process for the East Stockton Sound Wall project had not yet commenced as community outreach needed to occur before planning was to be contemplated for the project. Council Member Davis noted the Sacramento Area Council of Governments (SACOG) recessed in the month of July. He encouraged citizens to take an active part in the upcoming National Night Out on August 2, and noted the opportunity to volunteer and assist in building the new BMX bike park on July 30 from noon until 4:00 p.m. at Elk Council Member Hume attended the Capital SouthEast Connector Joint Powers Authority Board Meeting which received a report on the final Programmatic Environmental Impact Report, including responses to the comments from the draft report. Discussion amongst the Board expressed that the lack of comments from regulatory agencies regarding the Deer Creek Causeway alternative was discouraging,  County projected funding for library support services.  Grove Regional Park.  Elk Grove City Council Regular Meeting, July 27,2011 Page2of18    as the Board sought substantive comments to confirm rumored sentiment amongst environmental and regulatory communities that the causeway could never be an option; if clear comments were on the record it could help redirect planning resources if such an option was not feasible in the view of regional stakeholders. Mr. Hume noted coordinating with the Executive Director to give a presentation to update the City Council on the preferred alignment. The Sacramento Regional Transit District (RT) Board presented the Short Range Transit Plan, a ten-year plan for the system. He noted the RT Board voted to schedule a hearing to consider service restoration targeted for January 2012, which Mr. Hume voted against, as he believed a timeframe extending to April 2012 would provide adequate time to evaluate fiscal constraints in re-instating service. He attended the Sacramento Regional County Sanitation Board of Directors meeting, noting information would be provided on utility bills to show the actual allocation and increase of the bill that was directly related to the compliance requirements under the National Pollutant Discharge Elimination System (NPDES) permit, in conjunction with provision of a website that would provide additional information on the permit. He requested a future agenda item to address the growing of medical marijuana in residential areas, citing complaints he had received from neighbors of large cultivation operations in adjacent, residential back yards. Mr. Hume believed such growing activities could impinge on the health and enjoyment of the neighboring properties, and could be a potential attractive nuisance, bringing theft and robbery in the neighborhood with attempts to steal the marijuana plants being grown in Vice Mayor Cooper attended the Sacramento Regional County Sanitation Board of Directors meeting noting the increase in sewer rates due to the mandates of the NPDES permit. He expressed his frustration that the costs were imposed only on local utility users, noting the majority approximately 68%) of the treated water went to Southern Mayor Detrick attended the 2011 Western Regional Water Skiing Championships held in the Sacramento region at Bell Acqua Lakes. He encouraged the community to take part in the Strauss Festival, and attended the Elk Grove Police Department's awards ceremony. Mr. Detrick requested, and received City Council consensus, for a future item to consider the City of Elk Grove Mayor's Awards Program (proposal filed) with the purpose to acknowledge residents who have improved civic life and civic engagement in  open view.  California users.  the City.  CONSENT CALENDAR ITEMS PUBLIC COMMENT  Robert Presley, speaking in relation to Item 8.11, and as a resident in the vicinity of the area proposed for the new bike trail, opposed use of the existing drainage canal / gravel road as a pedestrian path or a bike trail. He noted the area was marked off as "No Trespassing, gated on the other side, and he raised safety concerns of the area. He believed that going from a non-public access area to a trail would have substantial effect on any adjacent neighbors, and requested additional public outreach be conducted for individuals most affected by the project to have input before proceeding.  Elk Grove City Council Regular Meeting, July 27, 2011 Page 3of18    Tim Holt, speaking in relation to Item 8.11, gauged his neighbors' opinions once he received notice of the project, and 25 residents were opposed as displayed by petition (filed). The opposition to the project under the petition included: 1) the path did not provide a safe off-street route for students (the area was secluded and hidden, excessive growth was a fire hazard, and water culvert areas posed a safety hazard), 2)current bids, upward of $250,000, would be better spent for alternate projects needed int the community, 3) privacy issues were raised for homeowners adjacent to the path area, and 4) property values could be lowered with proximity to the public trail. Mr. Holt did not believe that Florence Markofer Elementary School, adjacent to the project site, City Manager Gill suggested Item 8.11 be continued to August 10 to provide time for public outreach. She clarified that funding for this project was through Community Council Member Davis requested the outreach include community input, as well as input from the Trails Committee, with the objective to foster connectivity for the trails Council Member Hume requested the public outreach include the school and citizens in vicinity of the access points to the creek and points further, as a change to public use may be of interest to an expanded group beyond neighbors adjacent to the project site. He noted his general support to utilize areas adjacent to creeks for trails, and there were past instances in the community where residents previously held similar objections to a neighboring trail installation, but once completed, the community embraced the trail as an amenity. Mr. Hume asked outreach also be conducted to communities that have Motion: M/S Hume/Scherman to continue Item 8.11 to the Special meeting of August 10, 2011 to provide for public outreach, and approve the remainder of the Consent Calendar as presented. The motion passed by the following vote: Ayes: 5; Noes: 0.  had been notified of the project.  Development Block Grant funds.  system.  had such positive experiences with an adjacent trail installation.  Agenda Item No.8.1: Agenda Item No. 8.2: Minutes Agenda Item No. 8.3:  Received May 2011 Treasurer's Report  Approved September 29, 2010 Special City Council Meeting Received report on City Manager approved purchases and  contracts authorized by Elk Grove Municipal Code Chapter 3.42 Contracts and  Purchasing, filed through July 20, 2011  Agenda Item No.8 8.4: and Bids Agenda Item No. 8.5:  Received report on Requests for Proposals, Qualifications, Resolution No. 2011-144 adopted authorizing the City  Manager to execute a contract with Les Schwab Tire Centers of California, Inc. for new and recapped tires and tires services including roadside services for City owned vehicles for a three year term, with an option of one, two-year extension, in an amount  not to exceed $655,000  EIK Grove City Council Regular Meeting, July27,2011 Page4of18    Agenda Item No. 8.6:  Resolution No. 2011-145 adopted amending the Fiscal  Year 2011-12 Information Technology Fund Budget to reflect revenue and expenditures related to funds awarded from the Sacramento Metropolitan Cable Television Commission through Public Education and Government Channel Facilities fees in the  amount of $84,731 Agenda Item No.8.7:  Resolution No. 2011-146 adopted waiving the informal  solicitation requirements per Elk Grove Municipal Code Section 3.42.130 (B) and authorizing the City Manager to execute a contract with Joe A. Gonsalves & Son, Inc. for State Government Relations Services in annual amounts of $42,000 for a total three year term with a total not-to-exceed amount over three years of $126,000]  Agenda Item No. 8.8:  Resolution No. 2011-147 adopted authorizing the City  Manager to execute a contract with the County of Sacramento for the Calvine Road Traffic Signal System Upgrade Project in an amount not to exceed $110,000  Agenda Item No. 8.9:  Resolution No. 2011-148 adopted authorizing the City  Manager to execute a consultant contract amendment with URS Corporation for the Elk Grove Creek Trail Crossing at State Route 99 Project, extending the term to December 31, 2013 in the amount of $84,415 [for a total compensation amount not-to-exceed Agenda Item No.8.10: Resolution No. 2011-149 adopted authorizing the City Manager to execute a construction contract with North West Surfacing for the Elk Grove-Florin Road Pedestrian improvements Project in the amount of $51,399.14 and authorizing the City Engineer to approve change orders not-to-exceed $10,279.83, and authorizing the City Manager to execute a construction contract with Biondi Paving, the second lowest bidder, if North West Surfacing does not meet filing obligations Note: Under consideration of the Consent Calendar Items, Item 8.11 was continued to Agendalem-No-8-4: Adop-resoluoP-WnoHyManagerip-eMecuiea construction-contrac-WAP-NOR-WestSuradng-o-MaolerEiementary-Scheel Biyee--Padesihan-Tepowmwt-Pera-ha.e-smoumedlS12043947-and auhviaing-he-ClyEngnerbapwedhargeose-sHpea18.085.92amd MPosang4e-CH/Manser.msPacnINdnI84SAspha-Re second-owes-P8deF,#NOHP-WeSESUFaging.4e88-A9Ee8H#9-oDHgatins Agenda Item No.8.12: Authorized recruitment for vacancy on the Historic Agenda Item No. 8.13: Authorized calling a Special Meeting for August 10, 2011 at 6:00 p.m. in the Council Chamber to receive reports and address actions related to citywide initiative projects, such as the Civic Center, Promenade Mall, and South Agenda Item No. 8.14: Resolution No. 2011-150 adopted authorizing the City Manager to execute a contract with Spinitar, Inc. for the Operation and Maintenance of  $1,029,430]  the Elk Grove City Council Special meeting of August 10, 2011  Preservation Committee  Habitat Conservation Plan  Elk Grove City Council Regular Meeting, July 27,2011 Pages 5of18    the City Hall Audio Visual Equipment for a three year term with the option of three, one- year extensions in an amount not-to-exceed $397,300 over the six year period  PUBLIC HEARINGS Agenda Item No. 9.1:  A public hearing to consider extending the moratorium on  large retail establishments in excess of 50,000 square feet, specifically including  general retail, and grocery/supermarket uses  RECOMMENDATION  Adopt and waive the full reading, by substitution of title only, an Urgency Ordinance extending a Moratorium on Large Retail Establishments in excess of 50,000 square feet, specifically! including General Retail, and Grocy/Supermarket uses. Taro Echiburu, Planning Director, provided an overview of the staff report and recommendation. He noted the extension would effectively establish the moratorium for one year, providing adequate time for staff to present the item to the Planning Commission and return for City Council consideration. Mr. Echiburu noted the moratorium was not applicable to those areas that had vested entitlements, specifically Assistant City Attorney Jennifer Alves noted that a new ordinance, upon approval, would be written to supersede and subsequently remove the moratorium. The extension presented was a ceiling and could be modified, but she noted that the term of the moratorium should consider the timeframes for Planning Commission review, adequate public notice, the ordinance second reading, and the additional 30 day period before the Council Member Hume believed an overly extended moratorium timeframe could send  the Lent Ranch Special Planning Area.  ordinance could become effective.  an unintended, negative message to the business community. Mayor Detrick declared the public hearing open.  PUBLIC COMMENT:  Brett Jolley, attorney representing the Friends of Madiera, stated support for continuing the moratorium, and that sustaining the moratorium provided the City Council the means to procedurally address needed corrections identified in the Zoning Code.  Mayor Detrick declared the public hearing closed.  Mayor Detrick suggested a moratorium period of 90 days, commencing from the Planning Director Echiburu noted staff would monitor progress towards finalization of the ordinance to supersede the moratorium, and to bring forward additional extensions Motion: M/S Hume/Cooper to adopt and waive the full reading, by substitution of title only, Urgency Ordinance No. 19-2011 extending a Moratorium on Large Retail  expiration from the original 45 days.  of the moratorium if additional processing time was required.  Elk Grove City Council Regular Meeting, July: 27,2011 Page 6of1 18    Establishments in excess of 50,000 square feet, specifically including General Retail, and Grocay/Supemarket uses extending 90 days from the expiration from the original 45 day moratorium. The motion passed by the following vote: Ayes: 5; Noes: 0. consider an extension to the existing project approvals for the previously approved Vineyard at Madeira Shopping Center Project located at the southeast corner of Bruceville Road and Whitelock Parkway (EG-11-016; APNS 132-2170-002 through 006)  Agenda Item No. 9.2:  A continued public hearing (from June 22, 2011) to  RECOMMENDATION Adopt resolution:  1) Finding no further California Environmental Quality Act (CEQA) review is necessary for the extension to the approvals for the Vineyard at Madeira Shopping Center project pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Division 6 of Chapter 3 of Title 14 of the California Code 2) Approving the extension of the project approvals, subject to the findings and conditions of approval, for the Vineyard at Madeira Shopping Center project (EG-11- With the aid of an overhead presentation (filed), Christopher Jordan, Planning Manager, provided an overview of the staff report and recommendation. He noted the original approvals from June 25, 2008 for the Vineyard at Madeira Shopping Center Project included an amendment to the Laguna Ridge Specific Plan (LRSP) to expand the commercial area slightly, a rezone to accompany the LRSP amendment, a tentative parcel map to subdivide the property into six lots, design review, a uniform sign program, and use permits. Regarding the use permit for the retail discount store it identified a 148,000 square foot shopping center with less than 10% of the floor area dedicated to non-taxable goods. The limitation was from how the original approvals were defined in 2008. He noted that any deviation from this specific use approval, set forth on that permit, would likely require a further review of that site plan and development as a whole by the City. Mr. Jordan cited the specific example of the application submitted by Walmart in 2009 that was subject to litigation, and subsequently that litigation set that 2009 application aside. That store would not be likely to move forward and begin construction as outlined in the current extension under consideration, as that store application included more than 10% non-taxable goods across the floor area which would exceed the use permit described in the original approval. To date, the amendment and rezone were completed in 2008, the parcel map was recorded, and tonight was consideration of the extension request for the use permits, design review, and uniform sign program. Green sheet memos (filed) were submitted by the public raising concerns regarding the recent changes to descriptions of land uses in the Municipal Code, to which Mr. Jordan clarified that the extension request applied only to the project description and permit requirements as described in the 2008 approval. Staff had drafted additional conditions for consideration including restrictions on the hours of operation, no overnight parking of vehicles (including a signage component to allow the police department to enforce the requirement), use of a delivery truck plan, a security plan, and a site maintenance plan. Walmart representatives submitted concerns (filed) suggesting modifications to the staff condition proposals. Mr. Jordan noted the conditions presented were more than what staff would normally  of Regulations (State CEQA Guidelines); and  016).  Elk Grove City Council Regular Meeting, July 27,2011 Page7of18    propose for a project, but given the applicant had stated agreement to such conditions,  staff saw no conçerns enacting them. Mayor Detrick declared the public hearing open.  Kim Whitney, project applicant, requested the original approvals from June 2008 be extended for an additional year as they included the overall design review and sign program for the whole shopping center, as well as use permits for the discount retail store in the format for the prior definition of discount retail store, and the zoning use permit for the drive-through pharmacy (required for the proximity to residential uses). Outreach had been conducted with the neighbors, and resulted in the offers as detailed by staff for additional conditions on the project. The clarifying requests on the conditions were on behalf of Walmart. Mr. Whitney noted the additional conditions could be supported, with a goal to extend the approval to move towards completing the  project.  PUBLIC COMMENT:  Connie Conley, speaking on behalf of the Elk Grove Coalition Advocating for Proper Planning (EGCAPP), believed past public relations efforts by Walmart were utilized to gain general public support of a project, but minimized communication with the community to address project impacts and community needs. She did not believe the impacts of the proposed store, to be located in such close proximity to residential uses, had been planned properly by the project applicants, nor vetted adequately to the surrounding community for input. Ms. Conley believed the scope of the store proposed Bret Jolley, attorney representing the Friends of Madiera, posed that the approvals granted in 2008 could not be extended, which though the applicant had filed for an extension, the deadline of June 25, 2011 had passed, and there existed no conditions for automatic extensions, nor did the City Council have authority to act on expired permits. If the item was considered, Mr. Jolly noted further time was needed by the community to review suggested conditions as the response from Mr. Whitney was only received earlier in the week. He requested language submitted by letter (filed) be included with the conditions, "The extension does not authorize or permit any modifications to the anchor store located at Parcel 1 from what the Council considered and approved in 2008. Any changes to the use or design of the Parcel 1 anchor, including those currently proposed by new owner Walmart Stores, Inc. will require further permitting, design review, public hearings, and environmental review consistent Steve Lee did not believe the location was appropriate for the size and scope of store proposed for the site. He noted a current Walmart store was located less than two miles away from this site, and he raised conçerns of the effect of this location on the existing store, and that the existing store could become a distribution center or close down completely. Mr. Lee raised concern that if a grocery aspect was part of this new store, that the nearby Nugget and Trader Joe's grocery stores would be adversely  would be better located near a major freeway interchange.  with the judgment entered in the litigation."  effected.  Elk Grove City Council Regular Meeting, July 27, 2011 Page 8of18    Don Marler, a resident living directly across Whitelock Parkway to the project property, noted his disappointment that the construction of the shopping center had been delayed, and looked forward to more convenient shopping and the community benefits ofi increased jobs and sales tax revenue. He raised concern of lights, noise and general pollution, but believed these impacts would be mitigated by proper management of the Miriam Montesinos, representing Walmart, addressed proposed comments made on the additional conditions to the extension approval, and responded to requests made of the neighboring residents. Walmart had agreed to the terms for the hours of operation, as well as placing signage restricting overnight parking. Regarding truck routes, she stated the resident request to restrict all delivery trucks to only utilize Poppy Ridge Road was unfeasible, citing the safety hazard created for trucks leaving the project site. She stated City staff confirmed exiting via Poppy Ridge Road was not permissible, and the delivery truck plan would utilize Whitelock Parkway for exiting the property. Ms. Montesinos believed certain conditions were beyond the scope of conditions that the City Council could place on similar projects, but with the modifications proposed to the conditions,  retail site, and oversight through City inspectors and citizen reporting.  Walmart would be in agreement with the additional conditions. Mayor Detrick declared the public hearing closed.  In reply to Council Member Hume, Assistant City Attorney Jennifer Alves noted the public hearing notice had been prepared and posted adequately to meet the requirements of the Government Code, and that the matter could be considered tonight by the City Council. Public comment correspondence had been received stating the matter was not noticed properly, and could not be considered, because the public hearing notice did not reference "parcel 1" for the anchor store. Ms. Alves stated the notice contained information that met the notice requirements, including a general description of the entire project location, use of Assessor Parcel Number identification, a general explanation of the matter being considered, and stated the applicant of the Council Member Hume appreciated that outreach occurred between the project applicant and residents, producing both a list concerns and potential conditions to address those concerns. Mr. Hume had received assurances from the applicant that the store was not intended to draw overflow customers from the Walmart superstore located at Florin Road, the store would keep spending local as several Elk Grove residents currently patronized the Florin Road store and would likely shift to using this location, and this site location provided a greater variety of shopping choices in the City. He did not believe the existing Walmart store in Elk Grove would close as a result of this site opening, as the two stores combined would still be smaller than the size of a Walmart store that would typically serve an area the size of Elk Grove. Mr. Hume found elements of local resident opposition to the most recent Walmart application for the smaller sized store as contradictory, as he viewed a smaller store with a larger offering of groceries would better serve local neighbors, and that the extension request would enable a larger store to be built with fewer grocery offerings. He also noted for future consideration, in review of the definition of grocery store, to evaluate stores that could offer over 50% non-taxable goods that had no groceries at all but would enjoy by-right permitting, citing the example of a discount shoe store. Mr. Hume noted the current  project.  Elk Grove City Council Regular Meeting, July2 27,2011 Page9of18    litigation between Walmart and local residents had yet to reach a settlement, but noted that even if an appeal by Walmart was successful, they would still be subject to the requirements of the Conditional Use Permit (CUP) as it existed from the 2008 approvals, and any extension thereof, and voiced support of the extension to maintain Vice Mayor Cooper noted that with the store appropriately defined (not as a grocery store) with the proper designation of percentage non-taxable offerings, he believed the CUP provided the means to initially address impacts to residents while allowing the project to move forward. He raised concern, as he had reviewed surveys in the past comparing regional retailers, that Walmart stores had the highest number of shoplifting arrests and calls for service from the Sacramento County Sheriff's Department Council Member Scherman believed opposition expressed had been against the opening of a Walmart store, and she did not see opposition to the shopping center site itself. She believed there were several residents that wanted the convenience of a store at the site, and many who supported a Walmart store at the site. She appreciated the applicant coming to terms on additional conditions, and had received clarification that electrical outiets on the parking lot light posts would be installed to be non-accessible to the public. Ms. Scherman was in support of the extension approval and believed residents would ensure notification to the City of any non-compliant matters at the site. Council Member Davis requested a response to statements made during public comment challenging the City's ability to legally consider the extension, and ability to Assistant City Attorney Alves addressed conçerns raised by the residents' legal representative that the matter could not be considered, stating the City Council had full authority to consider this extension under Elk Grove Municipal Code Section 23.18.060 (regarding permit extensions), and though the permit deadline had passed, the applicant had complied with the permit extension requirements, and the City Council had agreed to continue the public hearing to this date to consider the extension. She noted that if any extension were granted, it would be for one year from the date of the Jonathan Hobbs, legal counsel representing the City of Elk Grove, stated the City Council had authority to impose additional conditions on the project. Regarding suggestions to the conditions as submitted by Walmart representatives, and statements challenging the City Council's authority to impose certain conditions, Mr. Hobbs confirmed the City Council was not bound to utilize any suggestions to the conditions as Council Member Davis appreciated concessions made on the issues by both sides, and coming to terms on additional conditions. He held reservations as the applicant continued to request modifications and to challenge certain conditions, and he felt that Walmart representatives had conveyed that they would continue to pursue establishing as store consisting of a 20% or more grocery component. Mr. Davis believed that if the anchor store was using the extension as a delay, until it had the desired grocery  the CUP.  compared to the other stores.  impose conditions on the project.  original expiration.  drafted and suggested by any of the parties during public comment.  Elk Grove City Council Regular Meeting, July: 27, 2011 Page 10of1 18    component, it would adversely affect the shopping center project, and suggested if that Ms. Montesinos clarified the applicant solely sought the extension to preserve the rights granted in 2008 by the CUP that was issued identifying a large discount store of 148,200 square feet with less than 10% grocery. She believed there was confusion created in that Walmart had a different application for the site for a smaller store with a larger grocery component, which was invalidated by the court, though currently under Amelia Neufeld, speaking on behalf of Walmart, stated the applicant sought the extension of the 2008 CUP approval for a retail store with less than 10% grocery. She clarified that Walmart had received feedback from customers that they would like to see Mr. Jordan verified with the City Council that the recommended conditions by staff included adding the identifier for parcel 1 and exclusion of the park-and-ride facility requirement, and confirmed it did not include any of the modifications presented during Council Member Davis suggested the language presented by Mr. Jolly be added to the Mr. Hobbs suggested, if the proposed language was to be included, to stop at the first sentence and only read, "This extension does not authorize or permit any substantial modification to the anchor store located at parcel 1 from what the council considered and approved in 2008." In not knowing the final court judgment, as the matter was on appeal, the remaining language could mandate a review process that might not otherwise be required. Mr. Hobbs noted additional protection was provided in noting substantial modification, noting if there were anything required to be done, it had to be Planning Director Echiburu clarified that with the moratorium in place, and staff efforts to revise definitions in the Zoning Code, the extension of the permit was limited to a site use for a store approximately 148,000 square feet or less, comprising 10% or less of non-taxable goods. Any deviation from the 2008 approvals would be required to come back through a new public hearing process for permit approval, where additional Motion: M/S Hume/Scherman to adopt Resolution No. 2011-151 finding no further California Environmental Quality Act (CEQA) review is necessary for the extension to the approvals for the Vineyard at Madeira Shopping Center project pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines) and approving the extension of the project approvals, subject to the findings and conditions of approval as amended by staff green sheets to include identification of Assessor Parcel Number 132-2170-001, to remove the condition requiring the applicant to provide 10% of the parking lot as a parking lot for a park-and-ride facility for future transit service, and language submitted during public comment by Mr. Jolly as amended, "This extension does not authorize or permit any substantial modification to the anchor store, located at parcel 1 from what the Council considered and approved in  was the case to not approve the extension.  appeal.  more grocery offered at the site.  public comment, either by Mr. Jolly or by Walmart representatives.  conditions.  consistent with the 2008 approval.  conditions could be applied.  Elk Grove City Council Regular Meeting, July2 27,2011 Page 11of18    2008,' "1 for the Vineyard at Madeira Shopping Center project (EG-11-016). The motion Agenda Item No. 9.3: A public hearing to consider the Rezone of approximately 3.96 acres from Highway Travel Commercial (TC) to General Commercial (GC) at the current site of Gold's Gym located at 2285 Longport Court (EG-11-020; APN: 119-1990-005)  passed by the following vote: Ayes: 5; Noes: 0.  RECOMMENDATION  The Planning Commission recommends (5- 0):  1) Adopt resolution finding the Gold's Gym Rezone project (EG-11-020) exempt from the California Environmental Quality Act pursuant to Section $15301 and $15183 of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA 2) Introduce and waive the full reading, by substitution of title only, an Ordinance amending the City of Elk Grove Zoning Map from Highway Travel Commercial (TC) to General Commercial (GC) for the Gold's Gym Rezone Project EG-11-020 (APN: With the aid of an overhead presentation (filed), Adam Peterson, Project Planner, provided an overview of the staff report and recommendation. He noted the action was for a rezone to GC, and was not for any specific use. The property was currently adjacent to TC and GC zones. The rezone would allow the existing use of Gold's Gym to continue at the site, and would present opportunities for an expanded range of commercial uses as well. Parking was the primary constraint that would dictate uses on the site. Adequate parking currently existed for the gym use, however, future assembly uses, as contemplated by Sun Grove Community Church, may face parking restraints based on the square footage proposed for assembly use, which would be reviewed by Inr reply to Council Member Hume, Planning Director Echiburu noted only the application site was considered for the rezone. He noted as part of the analysis being conducted on industrial uses in the City, that removal of TC zoning entirely was being considered, which would subsequently rezone the other sites of the shopping center site.  Guidelines); and  119-1990-005).  staff once an application was received.  Mayor Detrick declared the public hearing open.  Dan Kinnoin, applicant for the rezone, stated the rezone to GC would expand opportunities to market for future uses to occupy the site with a tenant after vacancy. He clarified the rezone would not have any effect on the current tenant, Gold's Gym, but would provide viable economic opportunities for other uses if the site became vacant.  PUBLIC COMMENT:  Lynn Wheat opposed the rezone, believing that the site's proximity to Interstate 5 could have yielded a better use for the property with an alternate land use designation. She stated that allowing use of the property as a church would diminish possibilities for job creation, and property and sales tax revenues. Ms. Wheat believed the General Plan  Elk Grove City Council Regular Meeting, July 27,2011 Page 120f18    was outdated, and that allowing individualized rezones of properties diminished effectiveness of having land use designations to further economic development goals. Ron Ask, managing partner of Gold's Gym, noted removal of TC designations diminished the inventory of sites for uses with a specific purpose of being near a freeway. Regarding parking, he noted there were approximately 67 spots that had cross parking agreements with Gold's Gym, and that the 10,000 square foot building next door was in the process of changing ownership and was planned to offer retail. The previous school use closed for business on Sunday, but with the retail being planned it could impact weekend parking. Mr. Ask noted, were Gold's Gym to vacate the location, property taxes of approximately $60,000 a year would be lost, including Tim Brockway supported the rezone. He noted the current property tax implications were approximately $124,000, and the proposed church use would be required to pay almost half of that total tax. Mr. Brockway addressed other revenue loss concems, noting the City realized only 9% of property tax revenues, and that the church would Mark Wright provided status of current parking, noting the facility had 237 parking spaces, with 74 reciprocal parking spaces through agreements with adjacent properties. Any applicant that would come in to occupy the building would be limited by the parking requirements, and preliminary evaluations in terms of square footage being developed for assembly use projected a worst-case" scenario of 13 stalls over the 237 stalls that were dedicated for the building, and under minimum conditions, to make the building a viable facility for the assembly use, it would be 25 stalls under the available parking at the facility. Mr. Wright expressed hope that Gold's Gym would remain in operation, but noted the Sun Grove Community Church was interested in purchasing the property ifi it David Flaig, senior pastor of Sun Grove Community Church, expressed his enthusiasm to locate the church at the site facility to better serve the community. He noted in regards to parking that not all members utilized the site at one time, and efforts would be made to offer services to fit within the constraints of parking limitations.  payroll tax losses of approximately $100,000.  have employees that would generate payroll tax as well.  became vacant.  Mayor Detrick declared the public hearing closed.  Council Member Davis believed that economic development and quality of life goals were improved by filling vacant buildings. Because of the size of the facility, he believed itwould be a difficult location to attract a tenant without additional flexibility in use. He hoped Gold's Gym would remain in business, but noted that if vacated, and a church did become an occupant, that such an assembly use would bring hundreds of people to that site. Mr. Davis requested that if the scenario arose to consider another application at the site that consideration be given to provide a park-and-ride stop for Amtrak bus Council Member Hume supported the rezone and expressed his preference to see all of Vice Mayor Cooper believed better policies were needed in planning assembly use sites, to maintain a site inventory of zoning designations to meet long term City goals.  service.  the TC zoned sites in the shopping center be rezoned to GC.  Elk Grove City Council Regular Meeting, July 27,2011 Page 130f18    Mayor Detrick agreed with evaluating turning all TC designations to GC to provide more flexibility in use. He believed the proposed church would be an economic activity driver for the surrounding area, noting that along with the church's weekly operational plan, that the owners had expressed a desire to host appropriately sized conventions at the Motion #1: M/S Hume/Davis to adopt Resolution No. 2011-152 finding the Gold's Gym Rezone project (EG-11-020) exempt from the California Environmental Quality Act pursuant to Section $15301 and $15183 of Division 6 of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). The motion passed by the Motion #2: M/S Hume/Scherman to introduce and waive the full reading, by substitution of title only, Ordinance No. 20-2011 amending the City of Elk Grove Zoning Map from Highway Travel Commercial (TC) to General Commercial (GC) for the Gold's Gym Rezone Project EG-11-020 (APN: 119-1990-005). The motion passed by the  site.  following vote: Ayes: 5; Noes: 0.  following vote: Ayes: 5; Noes: 0. Agenda Item No. 9.4:  A public hearing to consider introduction of ordinances:  1) adding Elk Grove Municipal Code Sections 16.04.200 and 16.04.210 to Title 16 relating to Repair and Reconstruction of Damaged Structures; and 2) adding Elk Grove Municipal Code Chapter 16.06 relating to placards used to denote conditions  concerning the continued occupancy of buildings  RECOMMENDATION  1) Introduce and waive the full reading, by substitution of title only, an ordinance adding Elk Grove Municipal Code Sections 16.04.200 and 16.04.210 of Title 16 2) Introduce and waive the full reading, by substitution of title only, an ordinance adding Elk Grove Municipal Code Chapter 16.06 relating to placards used to denote Richard Renfro, Building Official, provided an overview of the staff report and recommendation. The ordinances would add two sections into the construction building part of the Municipal Code. The first would enable the Federal Emergency Management Agency (FEMA) to reimburse individuals for rebuilding structures, damaged by a disaster event, to current code compliance standards, with no financial implications to the City. The second ordinance officially adopted City posted disaster placards to give legal enforcement options to regulate use and maintenance of such placards. Mr. Renfro noted that currently a damaged building would be required to be rebuilt to current code standards; without these ordinances in place, FEMA would not reimburse the owner for the price of bringing a building up to the current code. The ordinances protect public buildings, private buildings, and residences, and all would be eligible for reimbursement from FEMA when rebuilding after a disaster event to meet  relating to repair and reconstruction of damaged buildings; and conditions relating to continued occupancy of buildings.  compliance required under the construction building codes. Mayor Detrick declared the public hearing open.  PUBLIC COMMENT:  Elk Grove City Council Regular Meeting, July27,2011 Page 14of18    None.  Mayor Detrick declared the public hearing closed.  Motion #1: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 21-2011 adding Elk Grove Municipal Code Sections 16.04.200 and 16.04.210 of Title 16 relating to repair and reconstruction of damaged buildings. Motion #2: M/S Hume/Davis to introduce and waive the full reading, by substitution of title only, Ordinance No. 22-2011 adding Elk Grove Municipal Code Chapter 16.06 relating to placards used to denote conditions relating to continued occupancy of buildings. The motion passed by the following vote: Ayes: 5; Noes: 0. REGULAR AGENDA ACTIONITEMSIRECOMMENDATIONS  The motion passed by the following vote: Ayes: 5; Noes: 0.  Agenda Item No. 10.1: Consider a resolution ordering the collection of delinquent special taxes in Community Facilities District 2005-1 (Laguna Ridge) by action to foreclose the lien of special tax and receive an update on delinquencies in Community  Facilities Districts 2002-1 (East Franklin) and 2003-1 (Poppy Ridge)  RECOMMENDATION:  Adopt resolution ordering the collection of Delinquent 2010-11 Special Taxes in Community Facilities 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Andrew Keys, Accounting Manager, provided an overview of the staff report and recommendation. Mr. Keys noted this was an administrative item to collect delinquent special taxes on owners who had not paid property taxes in the areas identified. He noted only Laguna Ridge was being pursued this year as it was the only district that exceeded the delinquency thresholds as laid out in the foreclosure covenants for the various bonds in the districts. Collections would be pursued through the judicial  Tax.  foreclosure process on properties in the Laguna Ridge district.  PUBLIC COMMENT: None.  Motion: M/S Cooper/Hume to adopt Resolution No. 2011-153 ordering the collection of Delinquent 2010-11 Special Taxes in Community Facilities 2005-1 (Laguna Ridge) by Action to Foreclose the Lien of Special Tax. The motion passed by the following  vote: Ayes: 4; Noes: 0; Absent: 1 (Davis).  Agenda Item No. 10.2: City Sidewalk Maintenance Policy  RECOMMENDATION:  Staff requests direction on the development of a City Sidewalk Maintenance Policy.  Elk Grove City Council Regular Meeting, July 27,2011 Page 150f18    With the aid of an overhead presentation (filed), John Scott, Public Works Operations and Maintenance Manager, provided an overview of the staff report and recommendation. Mr. Scott provided background on the Sidewalk Inspection Maintenance Program which divided the City into four distinct sidewalk maintenance zones, all sidewalks in at least one zone were expected to be reviewed each year, and funding permitting, multiple zones could be inspected in a given year. A Distress Ranking System was applied to all sidewalks inspected, and then assigned priority rankings for repair, creating a schedule for repair. Requests for repair were regularly received, investigated immediately by staff to evaluate safety concerns, and then the sidewalk failure was ranked for priority, nature / severity of damage, location and proximity uses, and effect on access around the area. For a Sidewalk Maintenance Policy three options were available for funding repairs: 1) placing responsibility solely on the adjacent property owner to the sidewalk, 2) evenly distributing responsibility between the City and the adjacent property owner, and 3) placing responsibility solely on the City. Mr. Scott displayed how a sidewalk failure would be addressed and paid for under each option. He described efforts toward sidewalk enhancements, noting annual review was conducted to identify areas where sidewalk had never been installed or was missing, which were inspected, reviewed and added to an infill inventory. The infill inventory was used to incorporate qualifying locations with Community Development Block Grant (CDBG) projects and improvement and rehabilitation projects.  PUBLIC COMMENT: None.  Council Member Scherman inquired what payment mechanisms would be available to adjacent property owners if they were required to fund the repairs but could not afford such cost, and if at any time they defaulted, inquired on the process of the City to Mr. Scott noted other jurisdictions offered payment programs, and for property owners that could not conduct repairs on their own, options existed for City approved contractors to conduct the repairs, and then establish a payment program. Public Works Director Richard Shepard noted state law allowed the City to lien the property of adjacent property owners for costs of sidewalk repair, but noted policy direction was sought as such a process could prove onerous. He noted the City had options, including conducting repairs and reviewing total costs on an annual basis to see if liens were required. The policy options were a range from what was explicitly stated in state law for adjacent owners to take sole responsibility, to the opposite extreme that the City take full responsibility. He noted that a policy pursuing sole responsibility by the City held several unknown liabilities. Director Shepard clarified that int the case of missing sidewalk, there was no mechanism to force adjacent owners to fund installation of new sidewalk, but state law provided the mechanism to require By consensus the City Council voiced support for a policy designed around Option 2 to Council Member Davis suggested costs for any encroachment permits for individuals to  impose a lien on the property.  payment for repair of existing sidewalks.  share responsibility between the adjacent property owner and the City.  conduct repairs should be waived.  Elk Grove City Council Regular Meeting, July 27,2011 Page 16of18    Agenda Item No. 10.3: Consider resolution approving the submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program, including the HOME program guidelines, and, if selected, authorize the City Manager to execute the standard agreement to  participate in the HOME Investment Partnerships Program  RECOMMENDATION: Adopt resolution: Program (HOME); and  1)Approving the submittal of an application to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnership 2) Authorizing the City Manager to execute a Standard Agreement, and execute and file any related documents neçessary to participate in the HOME Program, with HCD if Sarah Bontrager, Housing Program Manager, provided an overview of the staff report and recommendation. Ms. Bontrager highlighted that the item was a $700,000 grant application for first-time home buyer assistance, and it was expected such a program would be in high demand as there were over 500 houses currently in Elk Grove that  selected to receive HOME funds.  would be affordable to households eligible under the program.  PUBLIC COMMENT: None.  Motion: M/S Hume/Scherman to adopt Resolution No. 2011-154 approving the submittal of an application to the California Department of Housing and Community Development (HCD) for funding under the HOME Investment Partnership Program (HOME); and authorizing the City Manager to execute a Standard Agreement, and execute and file any related documents necessary to participate in the HOME Program, with HCD if selected to receive HOME funds. The motion passed by the following Agenda Item No. 10.4: Designation of voting delegate and alternate(s) to the 2011  vote: Ayes: 5; Noes: 0.  League of California Cities Annual Conference  RECOMMENDATION:  Appoint a voting delegate and alternate delegate(s) to represent the City of Elk Grove at the 2011 League of California Cities Annual Conference business meeting. Jason Lindgren, City Clerk, provided an overview of the staff report and  recommendation. PUBLIC COMMENT: None.  Motion: M/S Cooper/Davis to appoint Mayor Detrick as the voting delegate and Vice Mayor Cooper as primary and Councii Member Scherman secondary alternate delegates to represent the City of Elk Grove at the 2011 League of California Cities Annual Conference business meeting. The motion passed by the following vote:  Ayes: 5; Noes: 0.  Elk Grove City Council Regular Meeting, July 27,2011 Page 17of18    ADJOURNMENT  With no additional business to conduct, the July 27, 2011 City Council meeting was adjourned at 9:14 p.m. in memory of Council Member Scherman's daughter, Christina Scherman Cuellar, who passed away nine years ago on the date of. July 28.  JASON  lEe  ATTEST: KM  ah  STEVEN M. DETRICK, MAYOR  Elk Grove City Council Regular Meeting, July: 27,2011 Page 18of18