HomeMy WebLinkAboutStaff Report 5.A 01/28/2019 Attachment 03RUTAN
RUTAN & TUCKER, LLP
January 2, 2019
VIA E-MAIL AND FACSIMILE
Claire Cooper
City Clerk
City of Petaluma
11 English Court
Petaluma, CA 94952
ATTACHMENT 3
Matthew D. Francois
Direct Dial: (650) 798-5669
E-mail: mfrancois@rutan.com
Re: Safeway Fuel Center Project; Demand Letter to Cure or Correct Violations of
Brown Act (Government Code Section 54960.1)
Dear Ms. Cooper:
We write on behalf of our client, Safeway, Inc., regarding the proposed Safeway Fuel Center
Project (the "Project") at 335 S. Mc Dowell Boulevard in the City of Petaluma (the "City"). On
December 3, 2018, the Petaluma City Councilvoted to adopt Resolution No. 2018-180 (the
"Resolution," a copy of which is attached hereto as Exhibit A purporting to uphold the appeal filed
by JoAnn McEachin and others. Because the City Council took action on the Resolution in violation
of the Brown Act (Government Code § 54950 et seq.), the Resolution is null and void. In accordance
with Government Code Section 54960.1, we write to demand that the City Council vacate its
decision and conduct another hearing in order to cure and correct the below -referenced violations of
the Brown Act.
As you know, on June 26, 2018, the Petaluma Planning Commission voted to (i) adopt the
Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Report Program per
Resolution No. 2018-21A, and (ii) approve the Site Plan and Architectural Review ("SPAR") per
Resolution No. 2018-21. The City duly filed a Notice of Determination ("NOD") on June 29, 2018,
which was posted until July 30, 2018.
Prior to the June 26, 2018 Planning Commission hearing, public notice of (i) Intent to Adopt
the MND, and (ii) Public Hearing for Consideration of SPAR was mailed and published in the Argus
Courier on April 5, 2018 and June 14, 2018. The posted agenda stated:
Item 7B. Safeway Fuel Center. Site Plan and Architectural Review for development of a
new gas station within the Washington Square Shopping Center. Improvements include a
fuel center with 16 covered fuel pumping stations, a 697 square foot convenience store,
two 20, 000 gallon underground storage tanks, landscaping and parking. Project also
includes the demolition of the existing 13,770 square foot commercial building and
improvements to the existing bits transfer station and adoption of the Mitigated Negative
Rutan & Tucker, LLP I Five Palo Alto Square, 3000 El Camino Real, Suite 200 1 3-1
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Claire Cooper
January 2, 2019
Page 2
Declaration for the associated project. Continued from the May 8, 2018 meeting. Project
Location: 335 South McDowell Blvd. File Number: PLSR-13-0012 Staff: Adam Peterson,
Senior Planner.
On July 9, 2018, an appeal stating general concerns regarding the Project (the "Appeal") was
filed by JoAnn McEachin ("Appellant") on behalf of Friends of McDowell Elementary School, Little
League children, and East Petaluma residents.' The Appeal did not reference the MND nor did the
Appellant file any legal challenge to the MND within the requisite timeframe.
A Petaluma City Council hearing was scheduled for September 17, 2018 on the Appeal. The
hearing was subsequently continued to October 15, 2018 and then to December 3, 2018, wherein the
City Council voted to adopt the Resolution purporting to uphold the Appeal. The Resolution orders
the preparation of an environmental impact report (`BIR") and stays the Planning Commission's
approval of the Project's Site Plan and Architectural Review ("SPAR"). The City Council's
adoption of the Resolution violated the Brown Act in numerous ways.
First, the City Council violated Government Code section 54954.2 by taking action on an
item that was not on its published agenda. An agenda must specifically state the action a body is
proposing to take, including a proposed action under the California Environmental Quality Act
("CEQA"). (San Joaquin Raptor Rescue Center v. County of Merced (2013) 216 Cal.App.4th 1167,
1178 [court rules that agency violated Brown Act by failing to identify action on CEQA document
in its posted agenda, reasoning that the Brown Act "mandates that each item of business be described
on the agenda, not left to speculation or surmise."].) None of the agendas for the multiple City
Council hearings on the Appeal, attached hereto as Exhibit C, including the one posted when the
Staff Report was released on November 27, 2018, indicated that the City Council would take action
to require an EIR nor that it would stay the Planning Commission's SPAR approval.
The City was required to post an agenda that was not "in any sense confusing, misleading or
unfairly opaque and that gave the public fair notice of the essential nature of what the council would
be considering." (San Diegans for Open Government v. City of Oceanside (2016) 4 Cal.App.5th
637, 645.) However, since its first posting in early September 2018, the agenda description here
changed multiple times both before and after the December 3, 2018 City Council hearing, each time
with varying degrees of inaccuracy and incompleteness. During the "Approval of Proposed Agenda"
segment of the October 1, 2018 City Council meeting, Councilmember Mike Healy requested that
the agenda be made more "neutral." Subsequently, during the same "Approval of Proposed Agenda"
1 A copy of the Appeal is attached hereto as Exhibit B. The name of the Appellant is incorrectly
identified in the Resolution as "JoAnn McEachin and McDowell Elementary School, Little League
Children and East Petaluma Residents" instead of "JoAnn McEachin on behalf of Friends of
McDowell Elementary School, Little League Children and East Petaluma Residents." (Emphasis
added.)
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Claire Cooper
January 2, 2019
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segment of the November 19, 2018 City Council meeting, City Manager John Brown indicated that
the generic agenda description, which had once again been revised, was a "placeholder."
The progression of agenda descriptions are as follows:
September 10, 2018 — Item 2A (Approval of Proposed Agenda).
Safeway Appeal.
September 17, 2018 — Item 6B (Public Hearings)
Resolution Denying the Appeal and Upholding the Planning Commission's Approval of
Site Plan and Architectural Review for the Safeway Fuel Center Project.
October 1, 2018 — Item 2A (Approval of Proposed Agenda)
Resolution Denying the Appeal and Upholding the Planning Commission's Approval of
Site Plan and Architectural Review for the Safeway Fuel Center Project.
October 15, 2018 — Item 5B (Public Hearings)
Continuance of the Safeway Appeal to a Date Certain of December 3, 2018.
November 19, 2018 — Item 2A (Approval of Proposed Agenda)
PLACEHOLDER: Safeway Fueling Center Appeal.
December 3, 2018 — Item 5B (Public Hearings) -posted November 27, 2018
Resolutions for Council Action on the Appeal of the Planning Commission's approval of a
Mitigated Negative Declaration and Site Plan and Architectural Review for the Safeway
Fuel Center Project.
Lastly, the fact that the City revised the description on the posted agenda yet again on
December 28, 2018 after the December 3, 2018 hearing underscores that the posted agenda
description prior to the hearing was deficient. (See, attached Exhibit D.)
December 3, 2018 — Item 5B (Public Hearings) -posted December 28, 2018
Resolution 2018-180 N.C.S. Upholding the Appeal Filed by Joann McEachin as to the
Mitigated Negative Declaration Approved by the Petaluma Planning Commission on
June 26, 2018 by Resolution No. 2018-21A, Ordering the Preparation of an Environmental
Impact Report In Accordance with Section 15064, Subdivisions (C) and (G) of the
California Environmental Quality Act Guidelines, and Staying the Planning Commission's
Approval of Site Plan and Architectural Review Pursuant to Resolution No. 2018-21
Adopted June 26, 2018 for the Safeway Fuel Center Project Located at 335 South
McDowell Boulevard, Assessor's Parcel No. 007-820-046, File No. PLSR 13-0012,
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Pending Certification of the EIR and City Council Review of the Project Site Plan and
Architectural Review Approval.
The public notices provided by the City for the Project's December 3, 2018 City Council
hearing likewise failed to inform the public that the City Council was poised to take any potential
CEQA action? Instead, the notices simply state that the City Council will consider an appeal of the
Planning Commission's SPAR approval for the Project. The notices not only fail to comply with
the requirements of state and local law (see, e.g., Government Code § 65094 and Implementing
Zoning Ordinance § 24.070.17), they underscore the deficiencies with the posted agenda description.
Second, it appears that certain documents were not made available for public inspection or
review prior to City Council action on the Resolution as required by Government Code section
54957.5. A single, heavily redlined copy of a resolution prepared by City Staff on December 3, 2018
was only provided to me by City Attorney Danly after the December 3rd City Council hearing had
commenced. This single copy, containing substantive changes, had to be shared by multiple
representatives of Safeway and Fulcrum Property and could not be fully viewed by the parties given
they were seated in various parts of the Council Chamber (seating was limited due to high
attendance) and the fact that the hearing was already underway. Moreover, the Resolution does not
appear to have been made available for public inspection by others as required by Government Code
section 54957.5(c). Additionally, a September 17, 2018 email from Project supporters (attached
hereto as Exhibit F) and a December 3, 2018 memorandum from Illingworth & Rodkin responding
to and refuting the December 3, 2018 submittal by Appellant (attached hereto as Exhibit g), were
not included in the Staff Report or otherwise made available for public review per Government Code
section 54957.5(b).
Third, the City failed to disclose or report the "Anticipated Litigation" item contained on the
September 10, 2018 and December 3, 2018 agendas. This item seems related to the Project, but this
cannot be determined definitively because the City failed to comply with the noticing requirements
under the Brown Act. The closed session appears to have been scheduled at the request of
Councilmember Healy, and not at the direction of the City Council as required by Government Code
section 54956.9(d)(2). (See July 24, 2018 email from Councilmember Mike Healy, attached hereto
as Exhibit H.)3 Moreover, the agenda fails to disclose the "existing facts and circumstances" giving
rise to a "significant exposure to litigation" as required by Government Code sections 54954.5(c)
and 54956.9.
�xxxxxxXxxXxxx�Xx�x
z True and correct copies of the mailed and published public notices are attached hereto as
Exhibit E.
3 A copy of this email was provided to Safeway by City Staff on December 21, 2018 in response
to Safeway's November 19, 2018 Public Records Act request.
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Claire Cooper
January 2, 2019
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In closing we respectfully urge you to immediately cure and correct the Brown Act violations
described above. At minimum, the City Council should rescind its adoption of the Resolution and
provide proper public notice of any further hearing to consider the Project. Thank you for your
consideration of Safeway's views on this matter. Please do not hesitate to contact me with any
questions regarding this correspondence.
Very truly yours,
RUT & TUCKER, LI r:
r
Mtthew . Francois
MDF:mtr
cc (via emaio: .
Honorable David Glass, Mayor, City of Petaluma
Eric Danly, City Attorney, City of Petaluma
Natalie Mattei, Senior Real Estate Manager, Safeway, Inc.
Marl-, Friedman, President, Fulcrum Property
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3-6
Resolution No. 2018--180 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL
UPHOLDING THE APPEAL FILED BY JOANN McEACHIN AS TO THE
MITIGATED NEGATIVE DECLARATION APPROVED BY THE PETALUMA
PLANNING COMMISSION ON JUNE 26, 2018 BY RESOLUTION NO, 2018-21A,
ORDERING THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
IN ACCORDANCE WITH SECTION 15064, SUBDIVISIONS (C) AND (G) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES, AND
STAYING THE PLANNING COMMISSION'S APPROVAL OF SITE PLAN
AND ARCHITECTURAL REVIEW PURSUANT TO RESOLUTION NO. 2018-21
ADOPTED JUNE 26, 2018 FOR THE SAFEWAY FUEL CENTER PROJECT
LOCATED AT 335 SOUTH McDOWELL BOULEVARD, ASSESSOR'S PARCEL
NO. 007-820-046, FILE NO, PLSR 13-0012, PENDING CERTIFICATION OF THE
EIR AND CITY COUNCIL REVIEW OF THE PROJECT SITE PLAN
AND ARCHITECTURAL REVIEW APPROVAL
WHEREAS, R-atan & Tucker, LLP,, on behalf of property owner Washington Square
Associates, LLC., submitted an application for Site Plan and Architectural Review approval
("Application") to demolish an existing 13,770 square foot vacant building and construct a new
5,931 square foot fueling canopy, 16 fuel dispensers, a 697 -square foot convenience store, and
associated landscaping and appurtenant parking ("Project") located at 335 South McDowell
Boulevard at APN 007-820-046 ("Property"); and
WHEREAS, the Notice of Intent to Adopt a Mitigated Negative Declaration and notice
of a public hearing on the Application before the Petaluma Planning Commission was published
in the Argus Courier on April 5, 2018 and mailed to residents and occupants within a 5007foot
radius of the project site, in compliance with state and local law; and
WHEREAS, the public review period for the Initial Study/Mitigated Negative
Declaration ran from April 5, 2018 to May 7, 2018 during which time the document was
available for review at the City's Planning Division and on the City's website; and
WHEREAS, on May 8, 2018, the Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance §24,010, to consider the Project; at which
time all interested parties had the opportunity to be heard; and
WHEREAS, on May 8, 2018, the Planning Commission continued the item to a date
certain of June 26, 2018 to allow interested parties an opportunity to review technical studies and
comments received about the Project; and
WHEREAS, public notice of the continued June 26, 2018 public hearing before the
Planning Commission was published in the Argus Courier on June 14, 2018 and mailed to all
occupants and property owners within a 500 -foot radius of the Project site and all public
commenters on the project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project
on June 26, 2018, at which time all interested parties had the opportunity to be heard; and, 3-7
Resolution No, 2018-180 N.C.S, Page I
WHEREAS, at the June 26, 2018 public hearing, the Planning Commission considered
the staff reports dated May 8, 2018 and June 26, 2018, analyzing the application, including the
California Environmental Quality Act ("CEQA") determination included therein, and all
comments received concerning the Project; and
WHEREAS, on June 26, 2018, prior to acting on the Site Plan and Architectural Review
application, the Planning Commission adopted a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program prepared pursuant to the California Environmental Quality
Act ("CEQA") for the Project via Resolution 2018-21 A; and
WHEREAS, on June 26, 2018 following its action under CEQA the Planning
Commission approved Site Plan and Architectural Review for the Project pursuant to Resolution
2018-21B, subject to conditions of approval listed in Exhibit 1 to the Resolution; and
WHEREAS, on July 9, 2018, JoAnn McEachin ("Appellant") filed an appeal on behalf
of Appellant and McDowell Elementary School, Little League Children and East Petaluma
Residents of the Planning Commission's adoption. of Resolution 2018-21A approving a
Mitigated Negative Declaration for the Project and adoption of Resolution 2018-21B approving
Site Plan and Architectural Review for the Project ("Appeal"); and
WHEREAS, the Appeal included 15 additional signatures from members of the public;
and
WHEREAS, the grounds for appeal given in the Appeal letter included: questioning the
community need for the Project; the proximity of the Project to a day care, school and Little
League ball park; traffic increase; project emissions and health impacts, and public awareness of
the Project; and
WHEREAS, on September 6, 2018 public notice of an appeal hearing before the City
Council on September 17, 2018 was published in the Argus -Courier and mailed to all property
owners and occupants within 1,000 feet of the Property; and
WHEREAS, also on September 6, 2018 and again on September 11, 2018, counsel for
the Applicant, Matthew Francois, submitted supplemental Project information, addressing,
among other things, correspondence submitted regarding the Project on behalf of the Sierra Club .
and distances between the Project site and nearby schools and residences; and
WHEREAS, by letter dated September 12, 2018, Chris Thomas, Chief Business Official
of Petaluma City Schools ("School District"), asserted that an Environmental Impact Report
("EIR') is required for the Project based on comments from Meridian Consultants regarding the
approved Project Mitigated Negative Declaration addressing air quality, greenhouse gas
emissions, hazardous materials, noise, and traffic, which comments were transmitted with Ms.
Thomas' letter; and
WHEREAS, on September 14, 2018, the City received from Patrick Soluri, legal counsel
for Appellant, correspondence challenging both the Planning Commission's adoption of
Resolution No. 2018-21A approving the Project Mitigated Negative Declaration and the
Commission's adoption of Resolution No. 2018-21B approving the Project Site. Plan and
Architectural review; and
3-8
Resolution No. 2018-180 N.C.S, Page 2
WHEREAS, the Soluri September 14, 2018 correspondence asserted that the City
Council possesses the discretion to deny, and should deny, the Project Site Plan and
Architectural Review based on: considerations of the harmony of the development with its
surroundings; the siting of the structure on the property; authority in the City's Implementing
Zoning Ordinance ("IZO") permitting imposition of requirements more stringent than those of
the IZO for discretionary projects; City General Plan policies regarding locating new stationary
sources of air pollutants sufficient distances from residential facilities and facilities that serve
sensitive receptors; California Air Resources Board ("CARB") guidance to avoid siting new
sensitive land uses within 300 feet of a large gasoline dispensing facility; the proximity of the
Project to the 4CS Petaluma Child Development Center at 401 S, McDowell Boulevard; a health
risk analysis finding that the project would result in significant health risks to nearby sensitive
receptors; siting of the Project creating disharmony; and the Project being contrary to the public
health, safety and general welfare by exposing residents to health risks; and
WHEREAS, the Soluri September 14, 2018 correspondence also asserted that substantial
evidence supports a fair argument that the Project may have significant environmental impacts
because of conflicting expert analyses concerning: health risks, greenhouse gas emissions,
traffic impacts, and hazardous materials impacts, and that therefore CEQA requires the
preparation of an Environmental Impact Report ("EIR"); and
WHEREAS, the Soluri September 14, 2018 correspondence included Project traffic
analysis prepared by Larry Wymer and Associates Traffic Engineering; and
WHEREAS, on September 17, 2018, the City received comments on the Project
Mitigated Negative Declaration prepared by Fox and Kapahi on behalf of Appellant, which
analyzed Project health risks and concluded that significant health impacts from the Project
required that an EIR be prepared; and
WHEREAS, alsoon September 17, 2018, Mr. Francois representing the Applicant
submitted to the City correspondence responding to Mr. Soluri's correspondence from
September 14, 2018 asserting that Mr. Soluri misstates that standard of review applicable to the
City's approval of the Project Site Plan and Architectural Review, that there is no substantial
evidence of a fair argument that the Project may result in significant environmental impacts, and
providing a technical memorandum from CHS Consulting Group responding to the traffic
analysis of Larry Wymer and Associates; and
WHEREAS, also on September 17, 2018, the City received comments on the Project
from Damien Breen, Deputy Air Pollution Control Officer, representing the Bay Area Air
Quality Management District ("BAAQMD") noting that if the Applicant's current Project
proposal differs from the equipment description contained in the Air District Authority to
Construct permit issued for the Project, a new permit application requesting authorization for a
change must be submitted, and
WHEREAS, the BAAQMD September 17, 2018 correspondence also commented
regarding the health risk assessment ("HRA") prepared by Illingworth and Rodkin on behalf of
the Applicant and recommended that the Applicant HRA use the AERMOD dispersion model
rather than ISCST3 and run the model with 2 volume sources, and commented regarding the
May 7, 2018 peer review of the HRA prepared by ESA Consultants for the District that the
Project HRA should run at the maximum permitted throughput limit, that off-site teacher/worker
maximum health impact should be addressed, suggesting that using full 2015 OEHHA HRA
procedures would likely be more conservative and acceptable for CEQA purposes, and -9
Resolution No. 2018-180 N.C.S. Page 3
concurred with Illingworth and Rodkin's May 8, 2018 response to the ESA peer review of the
HRA regarding receptor height for children; and
WHEREAS, a staff report dated September 17, 2018 was prepared as Item 6.B of the
September 17, 2018 City Council Agenda which analyzed the appeal and included and
referenced numerous attachments comprising the record of decision before the Planning
Commission for its rune 26, 2018 consideration of the Project, and numerous comments received
from members of the public after the Planning Commission approval, including public comments
opposing the Project based on the Project's proximity to the adjacent daycare, school, fields and
perceived health effects, as well as traffic and congestion; and comments supporting the Project
based on lowered gas prices, need for access to fuel, and ability to conduct one-stop shopping;
and
WHEREAS, due to the extensive amount of information regarding the Project received
shortly before and the day of the September 17, 2018 City Council hearing, staff recommended
that the City Council continue the appeal to October 15, 2018 to permit staff to review and
provide the Council analysis of the project information received, and to permit interested parties
and members of the public to also review the information received prior to the appeal hearing;
and
WHEREAS, at the duly noticed public hearing on the Project on September 17, 2018 the
City Council continued the item to a date certain of October 15, 2018 without deliberation and
without opening the public hearing in order to allow sufficient time to adequately review the new
materials; and
WHEREAS, on October 10, 2018 the City received correspondence from Mr. Francois
representing the Applicant including a response prepared by Illingworth and Rodkin to Mr.
Soluri'.s September 14, 2018 correspondence, to the September 17, 2018 HRA prepared by Fox
and Kapahi on behalf of Appellant, and to the September 17, 2018 BAAQMD letter; and
WHEREAS, the October 10, 2018 Illingworth and Rodkin response noted that the
AERMOD air quality dispersion model had not been used for modeling potential impacts from
any CEQA project in Petaluma due to the lack of local meteorological data required by
AERMOD, that BAAQMD modeling guidance recommends the use of either AERMOD or
ISCST3 models for CEQA related HRAs, and that Illingworth and Rodkin conducted a
supplemental HRA using the AERMOD model and that analysis, included in the October 10,
2018 correspondence, also concludes that the Project will not result in any significant health risk
impacts; and
WHEREAS, in a staff report prepared for Agenda Item 5B for the October 15, 2018 City
Council meeting, staff summarized the Project -related information received since the September
17, 2018 City Council meeting and noted that a written response was anticipated from
BAAQMD to the Fox and Kapahi September 17, 2018 HRA, and recommended that the hearing
on the Appeal be continued to December 3, 2018, to permit review and consideration of the
newly -submitted and anticipated Project information by City staff, decisiomnakers, interested
parties and members of the public; and
WHEREAS, at the October 15, 2018 City Council meeting the City Council continued
the public hearing on the Project to a date certain of December 3, 2018 without opening the
public hearing and without deliberation to allow additional time to review new materials,
including new technical studies, and consult with responsible agencies for the project; and 3-10
Resolution No, 2018-180 RCS, Page 4
WHEREAS, on November 13, 2018, the City received from Mr. Breen on behalf of
BAAQMD correspondence dated November 8, 2018 responding to the September 17, 2018 Fox
Kapahi HRA and the updated Illingworth and Rodkin HRA dated October 10, 2018; and
WHEREAS, the November 8, 2018 BAAQMD correspondence notes several key
concerns regarding the Fox and Kapahi HRA, including its use of Santa Rosa meteorological
data as being inappropriate because of wind patterns inconsistent with the Project area, use of
benzene emission factors substantially higher than the BAAQMD standard benzene emission
factor, and residential exposure assumptions inconsistent with BAAQMD HRA risk calculation
procedures; and
WHEREAS, the November 8, 2018 BAAQMD correspondence found the October 10,
2018 Illingworth and Rodkin HRA to be acceptable and to have resolved BAAQMD's concerns
expressed in the September 17, 2018 BAAQMD letter, and noted that BAAQMD has no further
comments on the October 10, 2018 HRA, and that the Project includes a gas station
configuration that differs from that approved in the current BAAQMD Authority to Construct
permit, and that therefore the Applicant must apply for permit revisions; and
WHEREAS, Petaluma residents, neighbors, teachers and administrators of the
McDowell Elementary School, 4Cs Child Development Center, and North Bay Children's
Center, parents of students, and parents of children using the baseball fields have provided
written and oral comments expressing concern regarding safety of the McDowell Boulevard and
Maria Drive intersection due to traffic volumes and speeds, conflicts with pedestrians, and
increased activity resulting from the Safeway Fuel Center, including; two commenters noting
they have observed pedestrian/vehicle collisions and near -collisions in the Project area; another
commenter observing that school -aged children walk home by themselves, and the crosswalk is
already a danger; a commenter expressing concern about heavy traffic and foul balls getting hit
next to a busy street; another commenter observing cars run stop signs while working at the
snack shack at Murphy Field, and noting Maria Drive is heavily traveled and one of the main
streets in that area; and
WHEREAS, Petaluma residents, neighbors, teachers and administrators of the
McDowell Elementary School, 4Cs Child Development Center, and North Bay Children's
Center, parents of students, and parents of children using the baseball fields have provided
written and oral comments expressing concern that the Safeway Fuel Center would result in
substantial changes to the "neighborhood spirit" that would be detrimental to the neighborhood
malting it less desirable and more dangerous; and
WHEREAS, on November 30, 2018 on behalf of Appellants, Mr. Soluri provided
correspondence to the City disputing Mr. Francois' characterization of the City's discretion
concerning approval of the Project and asserting that the City may overturn the Project SPAR
approval because the Project is disharmonious with its surroundings and inconsistent with the
public health safety and welfare, and providing supplemental health risk results from Fox and
Kapahi using Petaluma wind data with the AERMOD model; and
WHEREAS, on December 1, 2018 on behalf of the Applicant, Mr. Francois provided
correspondence to the City arguing that the Appellant did not explicitly appeal the City's
approval of the Mitigated Negative Declaration within 30 -days of the filing of the Notice .of
Determination with the Sonoma County Clerk, and therefore the approval of the MND was final
and additionally, arguing that no substantial evidence of a fair argument of a significant
3-11
Resolution No. 2018-180 N.C,S. Page 5
environmental impact had been submitted and therefore the City cannot lawfully require the
preparation of an Environmental Impact Report for the Project; and
WHEREAS, on December 2, 2018 on behalf of the Applicant Mr. Francois provided
correspondence to the City asserting that the Project will not result in significant health risks and
that the City's discretion regarding approval of the Project is limited to design issues; and
WHEREAS, on December 3, 2018, on behalf of the Appellant Mr, Soluri's Legal
Assistant forwarded to the City responses to comments on the Initial Study/Mitigated Negative
Declaration for the Safeway Fuel Center dated December 3, 2018, which responses to comments
assert that; independent scientific analyses support that gas stations should not be located near
housing or vulnerable populations; the meteorological data used in the revised Health Risk
Analysis submitted by Illingworth and Rodkin is not appropriate for predications at a range of
less than 1 kilometer; the Applicant diesel particulate emissions estimates are understated;
BAAQMD guidance calls for using an exposure duration of 70 years for risk assessments for gas
stations; the BAAQMD November 8, 2018 letter notwithstanding, using Petaluma
meteorological data with the AERMOD model reveals significant health risks; use of the
CAPCOA benzene emission factor is appropriate; the Applicant and BAAQMD underestimate
benzene emissions from the Project; and that CARB recommended setbacks for gas stations
might be inadequate; and
WHEREAS, on December 3, 2018, on behalf of the Appellant Mr, Soluri submitted a
letter responding to Mr, Francois' December 1 and 2 letters and asserting that the Tahoe Vista
case does not apply to the City Council's de novo review of appeals of Planning Commission
decisions, and that the Friends of Davis case does not apply to the appeal; and
WHEREAS, on December 3, 2018, on behalf of the Applicant, Illingworth and Rodkin
submitted a response to the December 3, 2018 submittal from Fox and Kapahi asserting; that the
Illingworth and Rodkin health risk modeling using AERMOD and EPA -approved procedures is
appropriate and it is improper to draw correlations between the resolution of the meteorological
data and the prediction accuracy of the dispersion model; comparing 5 -mph travel emission
factors used to compute idling emissions to travel emission factors for diesel emission analysis is
not appropriate; that BAAQMD recommends using 30 -year exposure duration for analyzing
cancer exposure risk; that the Fox Kapahi benzene emission analyses are overstated due to
California fueling station vapor recovery standards; and that BAAQMD uses benzene to compute
health risks from gasoline evaporation; and
WHEREAS, Section 15064, subdivision (a), paragraph (1) of the CEQA Guidelines
provides that if there is substantial evidence, in light of the whole record before a lead agency,
that a project may have significant effect on the environment, the agency shall prepare a draft
EIR; and
WHEREAS, Section 15064, subdivision (c) of the CEQA Guidelines provides that in
determining whether an effect will be adverse or beneficial, the lead agency shall consider the
views held by members of the public in all areas affected as expressed in the whole record before
the lead agency, and that before requiring the preparation of an EIR, the lead agency must still
determine whether environmental change itself might be substantial; and
WHEREAS, under Protect Niles v. City of F^en7ont (2018) 25 Cal.App.511 1129,
residents' personal observations of traffic conditions where they live and commute may
constitute substantial evidence even if they contradict the conclusions of a traffic study, and 3-12
Resolution No, 2018-180 N.C.S, Page 6
therefore, fact -based comments of the community may constitute substantial evidence that a fair
argument can be made that the project may potentially result in adverse impacts related to
circulation; and
WHEREAS, in accordance with CEQA, public testimony (or reasonable inferences from
it) should be considered to constitute substantial credible evidence supporting a fair argument
when the project may have a significant impact (Rominger v. County of Colusa (2014) 229
Cal,AppAlh 690); and
WHEREAS, Section 15064, subdivision (f) of the CEQA Guidelines provides that the
decision as to whether a project may have one or more significant effects shall be based on
substantial evidence in the record of the lead agency, and that if the lead agency determines there
is substantial evidence in the record that the project may have a significant effect on the
environment, the lead agency shall prepare an EIR, and if a lead agency is presented with a fair
argument that a project may have a significant effect on the environment, the lead agency shall
prepare an EIR even though it may also be presented with other substantial evidence that the
project will not have a significant effect; and
WHEREAS, Section 15064, Subdivision (g) of the CEQA Guidelines provides that after
application of the principles set forth in Section 15064, Subdivision (f) of the CEQA Guidelines,
in marginal cases where it is not clear whether there is substantial evidence that a project may
have a significant effect on the environment, the lead agency shall be guided by the principle that
if there is disagreement among expert opinion supported by facts of the significance of an effect
on the environment, the lead agency shall treat the effect as significant and shall prepare an EIR;
and
WHEREAS, at a noticed public hearing on December 3, 2018, at which time all
interested parties had the opportunity to be heard, the City Council considered the Appeal and all
information submitted by City staff, the Applicant, the Appellant, interested parties and members
of the public concerning the Project and the Appeal ("Record on Appeal'), all of which
information comprising the Record on Appeal is hereby incorporated into and made a part of this
resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma
as follows;
1. The above recitals are hereby declared to be true and correct and are incorporated into
this resolution as findings of the City Council,
2. On December 3, 2018 the City Council fully considered all evidence presented before
and at the duly noticed public hearing regarding this matter and comprising the
Record on Appeal, and on the basis of the staff report, testimony and other evidence,
and the record of proceedings herein, including the views held by members of the
public in all areas affected as expressed in the whole Record on Appeal, the City
Council hereby affirms the appeal of JoAnn McEachin filed with the City Cleric on
July 9, 2018 on behalf of JoAnn McEachin and McDowell Elementary School, Little
League Children and East Petaluma Residents as to the Mitigated Negative
Declaration approved by the Petaluma Planning Commission on June 26, 2017 by
Resolution No, 2018-21A. 3-13
Resolution No, 2018-180 N.C,S, Page 7
3. Petaluma residents, neighbors, teachers and administrators of the McDowell
Elementary School, 4Cs Child Development Center, and North Bay Children's
Center, parents of students, and parents of children using the baseball fields have
provided written and oral comments expressing concern regarding safety of the
McDowell Boulevard and Maria Drive intersection due to traffic volumes and speeds,
conflicts with pedestrians, and increased activity resulting from the Safeway Fuel
Center, including: two commenters noting they have observed pedestrian/vehicle
collisions and near -collisions in the Project area; another commenter observing that
school -aged children walls home by themselves, and the crosswalk is already a
danger; a commenter expressing concern about heavy traffic and foul balls getting hit
next to a busy street; another commenter observing cars run stop signs while working
at the snack shack at Murphy Field, and noting Maria Drive is heavily traveled and
one of the main streets in that area. Petaluma residents, neighbors, teachers and
administrators of the McDowell Elementary School, 4Cs Child Development Center,
and North Bay Children's Center, parents of students, and parents of children using
the baseball fields have provided written and oral comments expressing concern that
the Safeway Fuel Center would result in substantial changes to the "neighborhood
spirit" that would be detrimental to the neighborhood malting it less desirable and
more dangerous.
4, Fox and Kapahi, in the responses to comments on the Initial Study/Mitigated
Negative Declaration for the Safeway Fuel Center dated December 3, 2018 submitted
on behalf of Appellant, assert that: independent scientific analyses support that gas
stations should not be located near housing or vulnerable populations; the
meteorological data used in the revised Health Risk Analysis submitted by
Illingworth and Rodkin is not appropriate for predications at a range of less than 1
kilometer; the Applicant diesel particulate emissions estimates are understated;
BAAQMD guidance calls for using an exposure duration of 70 years for risk
assessments for gas stations; the BAAQMD November 8, 2018 letter
notwithstanding, using Petaluma meteorological data with the AERMOD model
reveals significant health risks; use of the CAPCOA benzene emission factor is
appropriate; the Applicant and BAAQMD underestimate benzene emissions from the
Project; and CARB recommended setbacks for gas stations maybe inadequate.
5. Illingworth and Rodkin, in response to the December 3, 2018 submittal from Fox and
Kapahi on behalf of the Appellant, assert that: the Illingworth and Rodkin health risk
modeling using AERMOD and EPA -approved procedures is appropriate, and it is
improper to draw correlations between the resolution of the meteorological data and
the prediction accuracy of the dispersion model; comparing 5 -mph travel emission
factors used to compute idling emissions to travel emission factors for diesel emission
analysis is not appropriate; BAAQMD recommends using 30 -year exposure duration
for analyzing cancer exposure risk; the Fox Kapahi benzene emission analyses are
overstated due to California fueling station vapor recovery standards; and BAAQMD
uses benzene to compute health risks from gasoline evaporation,
6. The City Council hereby finds that in accordance with Section 15064, Subdivision (g)
of the CEQA Guidelines, after application of the principles set forth in Section 15064,
Subdivision (f) of the CEQA Guidelines, that it is not clear whether there is
substantial evidence that the Project may have a significant effect on the environme8144
and that there is disagreement among expert opinions supported by facts submitted on
Resolution No. 2018-180 N.C.S. Page 8
behalf of Applicant (the Illingworth and Rodkin analyses), on behalf of Appellant
(the Fox Kapahi analyses), and on behalf of the BAAQMD, and therefore the City
Council is guided by the principal that if there is disagreement among expert opinion
supported by facts of the significance of an effect on the environment, the Lead
Agency shall treat the effect as significant and shall prepare an ETR.
7, The City Council is also guided by the principles that residents' personal observations
of traffic conditions where they live and commute may constitute substantial evidence
even if they contradict the conclusions of a traffic study, and that therefore, fact -based
comments of the community may constitute substantial evidence that a fair argument
can be made that a project may potentially result in adverse impacts related to
circulation, and that if there is disagreement among expert opinion residents' personal
observations supported by facts of the significance of an effect on the environment,
the City Council shall treat the effect as significant and shall prepare an ETR.
8. Accordingly, the City Council hereby orders the preparation of an EIR concerning the
Project, in accordance with Section 15064, Subdivisions (c) and (g) of the CEQA
Guidelines and all other applicable CEQA requirements, because there is
disagreement among expert opinions supported by facts submitted on behalf of
Applicant (the Illingworth and Rodkin analyses), on behalf of Appellant (the Fox
Kapahi analyses), and on behalf of the BAAQMD, and because residents'
observations supported by facts of traffic conditions that may result from the Project
constitute substantial evidence supporting a fair argument that the Project may result
in significant environmental impacts, and because residents' fact -based observations
regarding traffic and traffic safety conflict with the results of expert traffic analyses
that have been prepared concerning the Project, further supporting the need for
preparation of an EIR concerning the Project.
9. The City Council hereby stays the Planning Commission's approval of Site Plan and
Architectural Review for the Safeway Fuel Center project (PLSR 13-0012) located at
335 South McDowell Boulevard pursuant to Resolution No. 2018-21B adopted June
26, 2018, pending certification of an EIR concerning the Project and City Council
review of the Project Site Plan and Architectural Review approval.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE;
I hereby certify the foregoing Resolution was introduced and adopted by the
Ap ro�ed a to
Council of the City of Petaluma at a Regular meeting on the aid day of December
fog
2018, by the following vote;
Ity t ey
AYES;
Albertson; Barrett; Vice Mayor Healy; Kearney; King; Miller
NOES;
None
ABSENT;
Mayor Glass
ABSTAIN;
None
ATTEST;
City Clerk Vice Mayor
3-15
Resolution No, 2018-180 N.C.S. Page 9
3-16
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pace .. ......
This form `tggether �yittx coFrgspondmg
applicati gformsfocspeacparm�ts:
ON.F+ ORM : , �,_ _.. a ..
Type of Application
For City Use Only
❑ Conditional Use Permit: Minor / Major
Permit No;
D Fence
❑ Home Occupation Permit
Proj ect Name; To_ els
❑ Preliminary Review by Staff
Date Permit filed;
❑ SPAR: Minor /Major
El Tentative Map; <4 />_S lots
Date Permit issued:
❑ Zoning Amendment; Minor Revision
Received by:
LOther; /��
Approved by (if applicable);
Property Information
Land Use Information (askifunswv)
Address/Location: 3� cJp.�C�l i3t
Existing Use of Property:
Assessor's Parcel No,:
General Plan Designation:
Property Size:
Zoning Designation:
15-12..
Historic Designation:
Contact Information
Owner:
Agent;
76 A
j
d
Firm (opt);
Film (opt):
Phone;
Phone;
L I,S - 51
S•- 19 SO
Email:
Email:
pilin
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Address;
Address:
15-12..
S i 0-('r 1 .(i .
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Authorization of Agent, Declaration of Accuracy, and Agreement for Inspection
(not required for Home Occupation Permit applications)
52e cc-4o(610-ee
I, , am the ❑ owner / Cl agent of the property for which the
development or change is proposed, The above information and attached documents are true and accurate to
the best of my knowledge, I have read and agree with all of the above,
Signature of Property Owner or Agent
Date
I, the owner, hereby 0 do / ❑ do not authorize the agent to act on my behalf for this project, be notified of all
application proceedings, and agree to allow employees or authorized agents of the City of Petaluma to enter
upon the subject property, as necessary, to inspect the premises and process this application.
Signature of Property Owner
Page 1 of 1 General Application Form
City of Petaluma Planning Division
11 English Street, Petaluma, CA 94952
Hours: 8'am- 5 pm
Mondays through Thursdays, Closed Fridays
Date
Last updated: December 14, 2017
T;(707)778-4470
For faster responses, please e-mail us at;
planning(@,ci,p etaluma,ca,us
URL; http://cityofpetaluma,net/edd/planiiing.hitW
JUL 09 2018
JoAnn McEachin on behalf of: CITY CLERK
Friends of McDowell Elementary School, Little League children, and East Petaluma reste�'d nfs "
1512 Sierra Drive
Petaluma, CA 94954
July 8, 2018
Petaluma City Council,
We, the undersigned, petition to appeal the decision by the Planning Commission to approve a
building permit for a Safeway gas station on the corner of Maria Dr. and S. McDowell Blvd. Our
objections are based on the following;
This project is only for the benefit of Safeway, not the community. Petaluma already has several gas
stations - THREE in the area of this proposed site, including the Chevron where Safeway customers
can get up to 20 cents off per gallon - and research has shown that, contrary to what Safeway would
like us to believe, Safeway's reduced gas pricing has nat brought down the pricing of other gas
stations nearby.
The proximity of the proposed gas station is too close to the day care and school, as well as the
Little League ball park. Just because the regulations differ for building a gas station near a school
(allowed) as opposed to building a school near a gas station (not allowed), it doesn't make the
proximity issue any less of a health and safety concern.
Traffic wlll, increase. This is common sense. The Intersection at S. McDowell and E. Washington is
already congested, and more traffic from cars zipping off and on to Hwy. 101 for cheaper gas will
only exacerbate the problem.
Cars waiting to turn off of McDowell and in line in the parking lot (potentially blocking the sidewalk)
will be idling and spewing emissions causing health concerns for all in the community.
Add into the mix the city transit buses, retail delivery vehicles of all kinds, long gas trucks, and
school buses; the physical area is just not safe for vehicles trying to make turns into and out of a gas
station there.
And, lastly, California is the nation's leader in the purchase of electric cars; "...in some months,
buyers in California purchase more than half of all the electric cars sold in the U.S." (Eric C. Evarts,
Green Car Reports) We emphasize this to reenforce that the community of Petaluma does not need
another gas station now.
This Safeway gas station issue has been cleverly under -advertised to the public. Many residents
don't even know this project is being put forth. It is a hotly contested issue and needs to be heard by
the City Council with full public participation.
We ask you to reverse the Planning Commission's conditional approval, despite (or perhaps in
defiance of) the threat of a lawsuit by Safeway. The decision should be decided in court, if
necessary. Potential court costs should not deter you from protecting the health and safety of our
community. That would be a bad precedent and would send the wrong message to every potential
applicant for a project in Petaluma now and in the future.
Sincerely,
JoAnn McEachin
3-18
I C4
JoAnn MCEachln
Horst Steinfels
1512 Sierra Drive
Laura Steinfels
Oliver Steinfels
510 Crinella Drive
Adriann Saslowrn
Alex Saslow Gi
r
Kim Pierce
Grouse Lane
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3-19
3-20
Page 1 of 6
CITY OF PETALUMA, CALIFORNIA
REGULAR MEETING OF •
�IETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY ■
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
Teresa Barrett
Mike Healy
Gabe Kearney
Dave King
Kathy Miller
CITY MANAGER
John C. Brown
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly,
COUNCIL MEETINGS
1st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma. net
AGENDA
Monday, September 10, 2018
REVISED AGENDA: REVISION NO. 1 - THURSDAY, SEPTEMBER 6, 2018
CALL TO ORDER - CLOSED SESSION - 6:15 P.M.
A. ROLL. CALL
CLOSED SESSION
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CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION: Threat of litigation pursuant to Paragraph (4) of
Subdivision (D) of Section 54956.9: One potential case.
CONFERENCE WITH LEGAL COUNSEL EXISTING
LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill
Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and
Mary Fuller McChesney v. Pikachu 11, LLC, Kimberly Pfendler, as
Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat
Tavernetti and William E. Tavernetti. as Trustees of the Richard
Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma
County Superior Court action number SCV-253148.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three
minutes on items to be addressed in Closed Session.
ADJOURN TO CLOSED SESSION
EVENING SESSION M" 6:45 P.M.
CALL TO ORDER - EVENING SESSION - 6:45 P.M.
A. ROLL CALL
B• PLEDGE OF ALLEGIANC
C• MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA
ONLY
PROCLAMATIONS
Pain Awareness Month - September 2018
National Patriotism Week - September 10-16, 2018
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
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Page 3 of 6
14 4,1114 - -
4 1W
During General Public Comment, the public is invited to make comments on
items of public interest that are within the City Councila€TMs subject matter
jurisdiction and that are not listed on the current agenda. Public comments are
limited to three minutes per person.A Depending on the number of persons
wishing to address the Council, time will be allocated in equal shares totaling no
more than twenty minutes. Please fill out a speaker card (available at the rear of
the Council Chambers) and submit it to the City Clerk. Speaker cards for General
Public Comment will not be accepted after the meeting begins. The Mayor will
call on individuals whose names appear on the speaker cards. If more than three
persons wish to address Council on the same topic, they are encouraged to
select a spokesperson. Please be ready to step forward to the microphone as
soon as the previous speaker has concluded his/her comments.A (Cal.
Gova€TMt. Code A§54954.3(a), Petaluma City Council Rules, Policies and
Procedures, III(A)).
1 • APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDSA Meeting of
Monday, December 18, 2017.
1.A-DraftDecl82017Minutes ~-=�r,
Citv Council/PCDSA Me
W-
1.B-DraftApr022018Minutes
C. Approval of Minutes of Regular City Council/PCDSA Meeting of
Monday, July 16, 2018.
1.C-DraftJu1162018Minutes
2• APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of
Monday, September 17, 2018.
2.A-TentativeAgendaSept92018
K �.
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Page 4 of 6
A. Resolution 2018-136 N.C.S. Accepting Claims and Bills for July
2018. (Garberolio)
3.A-ClaimsBillsJuly2018 =�`�
B. Resolution 2018-137 N.C.S. to Receive and File the Clty
Treasurer's Quarterly Report Dated June 30, 2018. (Garberolio)
3. B-Treasurer'sQuarterly�
C. Resolution 2018-138 N.C.S. Accepting Completion of the
Downtown Accessibility Improvements Project, CIP Protect No.
C16501602. (St. John/Moresco)
3.C-Accessibilitylmprovements �
Resolution 2018-139 N.C.S. Accepting Completion of the
Construction Contract for the Community Center Parking Lot
Rehabilitation Proiect. (St. John/Stutsman)
3.D-ParkingLotRehab
Resolution 2018-140 N.C.S. Endorsing the "Diesel Free By '33"
Statement of Purpose and Authorizing the Mayor to Sign the
Pledge on Behalf of the City of Petaluma. (Brown)
3.E-DieselFree
3.E-DocumentReceivedAfterAgendaDistribution-1
Adoption (Second Reading) of Ordinance 2662 N.C.S. Amending
the City of Petaluma Municipal Code and Implementing Zoning
Ordinance ' Regulating Small Cell Facilities,
LAlverde/Tennenbaum) — Staff Report Revised with Agenda
Revision No. 1— Thursday, September 6, 2018.
3.F-SmallCellFacilities Rev.1
3.F-DocumentReceivedAfterAgendaDistribution-1
6, PUBLIC HEARING
A. Resolution 2018-141 N.C.S. Authorizing the Allocation of FY
2018-19 Supplemental Law Enforcement Service Funds for the
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Computer Aided Dispatch/Records Management System.
(Garberoliol
6.A-LawEnforcementFunds
4. UNFINISHED BUSINESS
A. Resolution 2018-142 N.C.S. Increasing Inclusionary Housing In
lieu Fees Payable as Required by Program 4.3 in the City of
Petaluma's General Plan 2025, 2015-2023 Housing Element as
Adopted by Resolution No. 2014-190 N.C.S. and Replacing the
Housing In -lieu Fees Set by Resolution No. 2003-241 N.C.S; and
Introduction (First Reading) of an Ordinance 2663
N.C.S. Amending the Text of Chapter 3 Entitled "Development
and Land Use Approval Requirements" of the Implementing
Zoning Ordinance, Ordinance 2300 N.C.S., to Add Inclusionary
Housing Requirements. (Castellucci)
4.A-InclusionaryHousingRevl z�
5. NEW BUSINESS
C. Resolution 2018-143 N.C.S. Approving the Purchase and
Installation of Emergency Communication Equipment in an
Amount Not to Exceed $65,001.00 and Authorizing the City
Manager to Execute All Documents Necessary to Complete the
Purchase. (Savano)
5.C-EmergencyEguipment '=
D. Resolution 2018-144 N.C.S. Authorizing Award of Contract for
the FY 18/19 Water Services Project and Wilson -Webster Street
Water Main Replacement Project to Team Ghilotti, Inc. (St:
John/Stutsman)
5.D-Wilson-WebsterStreet `== v,
A. Introduction (First Reading) of Ordinance 2664 N.C.S. Ratifying
Lease with North Bay Animal Services. (Danly)
5.A-AnimalServices ` 1
I:
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Introduction (First Reading) of an Ordinance 2665 N.C.S.
Approving an Airport Hangar Ground Lease with Golden State
Lumber. (Danly)
5.13-GoldenStateLumber =Y
E. Award of a Contract to W. Brown Creative Partners for City
Manager Recruitment Services and Selection of
Councilmembers to Serve on a Subcommittee to Represent the
City Council Through the Recruitment Process. (Brown)
5. E-CityManagerRecruitment
COUNCIL COMMENT
CITY MANAGER COMMENT
ADJOURN
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD
(707) 778-4480.
Agendas and supporting documents can be found at:
hftp://cityofpetaIuma.net/cclerk/archives.htm1.
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TENTATIVE AGENDA
All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated.
REGULAR CITY COUNCIL/PCDSA MEETING
MONDAY, SEPTEMBER 17, 2018 - EVENING - 6:45 P.M.
CONSENT CALENDAR
A. Resolution Authorizing the Purchase of One 2019 Chevrolet Tahoe from Winners
Chevrolet in Colfax in the Amount of $37,751.00, Plus an Estimated $8,000.00 for the
Purchase of Standard Accessory Equipment, and Authorizing the City Manager to
Execute All Documents Necessary to Complete the Purchase. (Savano)
B. Resolution Authorizing the Submittal of Project List for the California State of Good
Repair Program. (St. John/Hall)
C. Ratification of PPMMA Memorandum of Understanding. (Reeve)
2. UNFINISHED BUSINESS
A. Adoption (Second Reading) of Ordinance Ratifying Lease with North Bay Animal
Services. (Danly)
B. Adoption (Second Reading) of Ordinance Approving New Airport Ground Lease for
Golden State Lumber. (Danly)
C. Adoption (Second Reading) of an Ordinance Amending the Text of Chapter 3
entitled "Development and Land Use Approval Requirements" of the Implementing
Zoning Ordinance, Ordinance 2300 N.C.S., to Add Inclusionary Housing
Requirements. (Castellucci)
D. Resolution to Approve City of Petaluma Projects Identified in the North Bay Water
Reuse Program Phase 2 Final Environmental Impact Report/Environmental Impact
Statement and Make Certain Findings Therewith (St. John/Walker)
3. NEW BUSINESS
A. Resolution Amending the Classification and Compensation Plan by Establishing the
Classification and Pay Range of Airport/Marina Manager. (Reeve)
B. Short -Term Vacation Rental Program Review. (Alverde)
C. Resolution Authorizing the City Manager to Execute an Agreement for Funding for
Class III Bike Routes with the Bay Area Air Quality Management District.
(St. John/Beatty)
D. Resolution Authorizing Award of Contract for the Sewer Main Rehabilitation Project
18/19. (St. John/Moresco)
3-27
Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Blue Source LLC for Fuel Credit Services for the Biomass to Biofuels
Project. (St, John/Walker)
Introduction (First Reading) of an Ordinance Authorizing the City Manager to
Execute all Documents Relating to the Assignment and/or Exercise of Option for
Properties in Petaluma's First Time Homebuyer Program; the Transfer of the Land to
the Housing Land Trust of Sonoma County and Sale of the Improvements to a
Qualified Buyer Subject to Affordability Restrictions; and an Affordability Agreement
with the Housing Land Trust to Maintain the Property in Petaluma's First Time
Homebuyer Program. (Castellucci)
G. Resolution Appointing Council Liaison to Sonoma County Homeless Program Board
of Directors. (Castellucci)
4. PUBLIC HEARINGS
A. Public Hearing to Receive Comments on the 2017-2018 Proposed Consolidated
Annual Performance Evaluation Plan (CAPER) and Adoption of a Resolution
Approving the Community Development. Block Grant CAPER and Authorizing the
City Manager to Submit the CAPER as Required by the Department of Housing and
Urban Development, (Castellucci)
Safeway Appeal. (Hines)
3-28
3-29
REGULARCITY OF PETALUMA, CALIFORNIA
MEETING OF THE CITY COUNCIL/
COMMUNITYPETALUMA •
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
Teresa Barrett
vr'F�x
Mike Healy
Gabe Kearney
Dave King
Kathy Miller
CITY MANAGER
John C. Brown
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
Page 1 of 11
COUNCIL MEETINGS
1st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci. petal uma. ca. us
cityofpetaluma.net
Monday, September 17, 2018
REVISED AGENDA: REVISION NO. 1 -THURSDAY, SEPTEMBER 13, 2018
CALL TO ORDER - CLOSED SESSION - 6:15 P.M.
A. ROLL CALL
CLOSED SESSION
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CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to
California Government Code Section 54957.6. Agency Designated
Representatives: Scott Brodhun and Amy Reeve. Petaluma
Professional & Mid -Managers Association, Unit 4 - Professional, Unit 9
- Mid -Managers; and Unit 11 - Confidential. - Added with Aqenda
Revision No. 1- Thursday, September 13, 2018.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
ADJOURN TO CLOSED SESSION
CALL TO ORDER - EVENING SESSION - 6:45 P.M.
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA
ONLY
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
GENERAL PUBLIC COMMENT
During General Public Comment, the public is invited to make comments on
items of public interest that are within the City Council's subject matter
jurisdiction and that are not listed on the current agenda. Public comments are
limited to three minutes per person. Depending on the number of persons
wishing to address the Council, time will be allocated in equal shares totaling no
more than twenty minutes. Please fill out a speaker card (available at the rear of
the Council Chambers) and submit it to the City Clerk. Speaker cards for General
Public Comment will not be accepted after the meeting begins. The Mayor will
call on individuals whose names appear on the speaker cards. If more than three
persons wish to address Council on the same topic, they are encouraged to
select a spokesperson. Please be ready to step forward to the microphone as
soon as the previous speaker has concluded his/her comments. (Cal. Gov't.
Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III(A)).
1- APPROVAL OF MINUTES
None.
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A. Approval of Agenda for Regular City Council/PCDSA Meeting of
Monday, October 1, 2018.
2.A-TentativeAgendaOctoberl2018
3. CONSENT CALENDAR
A. Resolution 2018-145 N.C.S. Authorizing the Purchase of One
2019 Chevrolet Tahoe from Winners Chevrolet and Standard
Accessory Equipment in the Amount Not to Exceed $48,852.65,
and Authorizing the City Manager to Execute All Documents
Necessary to Complete the Purchase. (Savano)
3.A-Pur,chaseChevTahoe
B. Resolution 2018-146 N.C.S. Approving a Project List for
Submittal to the California State of Good Repair Program. (St.
John/Hall
3.B-StateofGoodRepair `=V:
Adoption (Second Reading) of Ordinance 2664 N.C.S. Ratifying
Lease with.North Bay Animal Services. (Danly)
3.C-NorthBayAnimalServices
Adoption (Second Reading) of Ordinance 2665
N.C.S. Approving an Airport Hangar Ground Lease with Golden
State Lumber. (Danly)
3.D-GoldenStateLumber =4
Adoption (Second Reading) of Ordinance 2663 N.C.S. Amending
the Text of Chapter 3 entitled "Development and Land Use
Approval Requirements" of the Implementing Zoning
Ordinance, Ordinance 2300 N.C.S., to Add Inclusionary Housing
Requirements. (Castellucci)
3.E-InclusionaryHousing r=,:
4. UNFINISHED BUSINESS
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A. Resolution 2018-147 N.C.S. to Approve City of Petaluma
Proiects Identified in the North Bay Water Reuse Program Phase
2 Final Environmental Impact Report/Environmental Impact
Statement and Make Certain Findings Therewith. (St.
John/Walker)
4.A-WaterReuseProgram
5. NEW BUSINESS
A. Resolution 2018-148 N.C.S. Amending the Classification and
Compensation Plan by Establishing the Classification and Pay
Range of Airport and Marina Manager, Authorizing the Position
Allocation of Airport and Marina Manager, and Eliminating
Airport Division Manager. (Reeve)
5.A-Airport-MarinaManager-PDF-531 KB
Short -Term Vacation Rental Program Review. (Alverde)
5.B -Vacation Rental w,
C. Resolution 2018-149 N.C.S. Authorizing the City Manager to
Execute an Agreement for Partial Funding of the City of
Petaluma Bikeway Proiect with the Bay Area Air Quality
Management District. (St. John/Beatty)
5.C-BikeRoutes `=
D. Resolution 2018-150 N.C.S. Authorizing Award of Contract for
the Sewer Main Replacement FY 18/19 Proiect to Pat Nelson
Construction. (St. John/Moresco)
5.D-SewerReplacementProject �=�y�,
5.D-Attach3 ",:z,
Resolution 2018-151 N.C.S. Authorizing the City Manager to
Execute a Professional Services Agreement with Blue Source
LLC for Fuel Credit Services for the Biomass to Biofuels
Project. (St. John/Walker)
5.E-BlueSource
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Introduction (First Reading) of an Ordinance 2666 N.C.S.
Authorizing the City Manager to Execute All Documents
Relating to the Assignment and/or Exercise of Option for
Properties in Petaluma's First Time Homebuyer Program; the
Transfer of the Land to the Housing Land Trust of Sonoma
County and Sale of the Improvements to a Qualified Buyer
Subiect to Affordability Restrictions; and an Affordability
Agreement with the Housing Land Trust to Maintain the Property
in Petaluma's First Time Homebuyer Program. (Castellucci)
F-FTHB-PDF-1.3MB
G. Resolution 2018-152 N.C.S. Recommending Appointment of
Council Member Gabe Kearney to the Sonoma County
Homeless System of Care Leadership Council, Which is
Replacing the Sonoma County Continuum of Care Board.
(Castellucci)
5.G-SystemofCare-PDF-1.5MB
PUBLIC HEARINGS
A. Public Hearing to Receive Comments on the 2017-2018
Proposed Consolidated Annual Performance Evaluation Plan
(CAPER) and Resolution 2018-153 N.C.S. Approving the
Community Development Block Grant 2017-2018 Consolidated
Annual Performance and Evaluation Report (CAPER) and
Authorizing the City Manager to Submit the CAPER as Required
by the Department of Housing and Urban Development.
(Castellucci)
6.A-CAPER-PDF-907KB
ricesolation-Den �i� g the Appeal and Upheldingthe Planning
Gemmissien's AppFeval of Site Plan and ArGhiteGtWpal Review for the
Safeway Fuel renter PrOj Gt. (Hipe-s - This item was continued to
the Monday, October 15, 2098 Regular City Council/PCDSA
Meeting.
6.B-SafewayAppeal ==
6.B -Attachment 1 - Safeway Appeal - CC Reso
6.B -Attachment 2 - Appeal Application Form
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6.B -Attachment 3 - Resolution #2018-21A
6.B -Attachment 4 - Resolution #2018-21 B
6.B -Attachment 5 - Staff Report 6-26-18 PC =`=_
6.B -Attachment 6 - Staff Report 5-8-18 PC
6.B -Attachment 7 - Public Draft IS MND Safeway Fuel Center
3.29.18
6.B -Attachment 7 Appendix A - Traffic Study
6.B -Attachment 7 Appendix B -Traffic Impact Study Update
6.B -Attachment 7 Appendix C - Health Risk Assessment
Emmissions Assessment =`=_
6.B -Attachment 8 - Safeway Response to Comments
6.B -Attachment 9 - Safeway MMRP (4.12.18) �
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5. NEW BUSINESS, continued
H. Discussion. and Direction Regarding Topics_ for Program
Presentations for the 2019 General Membership Meetings of the
Mayors' & Councilmembers' Association of Sonoma County.
Brown
5.H-MCTopics-PDF-94KB
COUNCIL COMMENT
CITY MANAGER COMMENT
ADJOURN
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
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shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD
(707) 778-4480. : 2
Agendas and supporting documents can be found at:
http:gcityofpetaluma.net/cclerk/archives.html.
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Page 1 of 5
CITY OF •'
REGULAR MEETING OF •
•■ ••
AGENCY (PCDSA)
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
y�
Teresa Barrett
Mike Healy`
r
y
Gabe Kearney
Dave King
Kathy Miller
CITY MANAGER
John C. Brown
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
/_T17_1
COUNCIL MEETINGS
1 st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma. net
Monday, October 1, 2018
Revised Agenda: Revision No. 1 - Thursday, September 27, 2018
CALL TO ORDER - CLOSED SESSION - 6:15 P.M.
W
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CONFERENCE WITH LABOR NEGOTIATORS Pursuant to
California Government Code Section 54957.6. Agency Designated
Representatives: Scott Brodhun and Amy Reeve. Peace Officers'
Association of Petaluma, Unit 6 - Police.- Added with Agenda
Revision No. 9 - Thursday, September 27, 2018.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three
minutes on items to be addressed in Closed Session,
CALL TO ORDER - EVENING SESSION — 6A54z AL 6:55 P.M.
A. ROLL CALL
B• PLEDGE OF ALLEGIANCE
C• MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA
ONLY
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) — Added
with Agenda Revision No. 1— Thursday, September 27, 2018.
PROCLAMATIONS
Domestic Violence Awareness Month - October 2018
Fire Prevention Week Oct 7-13, 2018
Children's Environmental Health Day - October 11, 2018
During General Public Comment, the public is invited to make comments on
items of public interest that are within the City Council's subject matter jurisdiction
and that are not listed on the current agenda. Public comments are limited to
three minutes per person. Depending on the number of persons wishing to
address the Council, time will be allocated in equal shares totaling no more than
twenty minutes. Please fill out a speaker card (available at the rear of the Council
Chambers) and submit it to the City Clerk. Speaker cards for General Public
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Comment will not be accepted after the meeting begins, The Mayor will call on
individuals whose names appear on the speaker cards. If more than three
persons wish to address Council on the same topic, they are encouraged to
select a spokesperson. Please be ready to step forward to the microphone as
soon as the previous speaker has concluded his/her comments. (Cal. Gov't.
Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III(A)).
1. APPROVAL OF MINUTES
None.
A. Approval of Agenda for Regular CitV Council/PCDSA Meeting of
Monday, October 15, 2018
2.A-Octl52018TentativeAgenda-PDF-13KB `_-
3• CONSENT CALENDAR
A. Resolution 2018-154 N.C.S. Accepting Claims and Bills for
August 2018. (Garberolio)
3.A-ClaimsBills-PDF-3.6MB
B. Resolution 2018-155 N.C.S. Opposing Proposition 6: Voter
Approval for Future Gas and Vehicle Taxes and 2017 Tax Repeal
Initiative. (Brown)
3.B-Prop6-PDF-320KB
C. Resolution 2018-156 N.C.S. Authorizing Submittal of a
Transportation for Clean Air Grant Application to the Bay Area
Air Quality Management District for Route 24 Commuter Shuttle
Service. (St. John/Hall)
3.C-ShuttleGrant-PDF-172KB -_,
D. Adoption (Second Reading) of Ordinance 2666
N.C.S. Authorizing the City Manager to Execute all Documents
Relating to the Assignment and/or Exercise of Option Agreement
for Properties in Petaluma's First Time Homebuyer Program; the
Transfer of Land to the Housing Land Trust of Sonoma County
and Sale of the Improvements to a Qualified Buyer Subject to
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Affordability Restrictions; and an Affordability Agreement with
the Housing Land Trust to Maintain the Property in Petaluma's
First Time Homebuyer Program. (Castellucci)
3. D-Housin,qLandTrust-PDF-1.2MB
4. NEW BUSINESS
A. Resolution 2018-157 N.C.S. Authorizing Award of Contract for
the Fire Station 2 & 3 Restroom Renovation Project to Kevin
Mack Construction, Inc. (St. John/Ramirez)
4.A-FireRestrooms-PDF-282KB
B. Discussion and Possible Direction on a Ban on the Sales and
Use of Fireworks in Petaluma. (Brown)
4.B-Fireworks-PDF-2MB ;- t
4 B-DocReceivedAfterAgend aDistribution-1-PDF-1 MB
4 B- DocReceivedAfterAgend aDistribution-2-PDF-33KB '-Y
COUNCIL COMMENT
CITY MANAGER COMMENT
i
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
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shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD tf
(707) 778-4480. —
Agendas and supporting documents can be found at:
http://cityofpetaluma,net/cclerk/archives.html.
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TENTATIVE AGENDA
All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated.
REGULAR CITY COUNCIL/PCDSA MEETING
MONDAY, OCTOBER 15, 2018 - EVENING - 6:45 P.M.
1. PRESENTATION
A. Red Ribbon Week (Dick Sharke)
2. PROCLAMATION
A. North Bay Science Discovery Day - October 27
3. CONSENT CALENDAR
A. Ratification of PPMMA Memorandum of Understanding. (Reeve)
B. Resolution Accepting Completion of Work by the City's Weed Abatement
Contractor and Authorizing the City Clerk to File a Notice of Completion with the
Sonoma County Recorder's Office and Authorizing City Staff to Release the 10%
Retention Fee for Services Performed by the City's Weed Abatement Contractor.
(Power)
C. Resolution Repealing the City of Petaluma's Conflict of Interest Code (Resolution No.
2016-194 N.C.S.) and any Conflicting Resolutions and Adopting by Reference the
Model Conflict of Interest Code Set Forth in Title 2, Section 18730 of the California
Code of Regulations and Taking Related Actions. (Cooper)
D. Resolution Authorizing the Submission of a "Cal -Recycle Grant Application," (St. John)
4. NEW BUSINESS
A. Resolution Approving Sale of Petaluma Community Development Successor
Agency Owned Property Located at Industrial Drive between Auto Center Drive
and Old Corona Road, Assessor Parcel Number 150-020-07. (Alverde)
B. Resolution of the City Council of the City of Petaluma Declaring the City Council's
Intention to Form the Petaluma Tourism Improvement District and Giving Notice of
fhe Time and Place of a Public Meeting and a Public Hearing on the Establishment
of the District and the Levy of Assessments. (Brown)
5. PUBLIC HEARINGS
A. Public Hearing and Action to Adopt Resolution Confirming the Cost of Abatement
of Weeds and Confirming Approving of the Forwarding of Unpaid Bilis to the County
Assessor's Office for Collection as Assessments. (Power)
3-47
Resolution Denying the Appeal and Upholding the Planning Commission's Approval
of Site Plan and Architectural Review for the Safeway Fuel Center Project. (Hines) -
Continued from the September 17, 2018 Regular City Council/PCDSA Meeting.
3-48
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CITY OF A
COMMUNITY, CALIFORNIAREGULAR MEETING OF THE CITY COUNCIL/
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
r t�
Teresa Barrett
Mike Healy3
Gabe Kearney_
Dave King
t ��
Kathy Miller
CITY MANAGER
John C. Brown
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
AGENDA
Page 1 of 6
COUNCIL MEETINGS
1st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma.net
Monday, October 15, 2018
REVISED AGENDA: REVISION NO. 1 - THURSDAY, OCTOBER 11, 2018
CALL TO ORDER - CLOSED SESSION — 5:30 P.M.
CLOSED SESSION
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CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to
California Government Code Section 54957.6. Agency Desiqnated
Representatives: Scott Brodhun and Amy Reeve. Peace Officers'
Association of Petaluma, Unit 6 - Police.
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Peace Officers' Association of
Petalumay. City of Petaluma, Sonoma County Superior Court action
number SCV-263236.
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill
Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and
Mary Fuller McChesney v. Pikachu Il, LLC, Kimberly Pfendler, as
Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat
Tavernetti and William E. Tavernetti, as Trustees of the Richard
Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma
County Superior Court action number SCV-253148.
CONFERENCE WrTi' REAL D-RA®EV TNEvO^TIA vRSi
ARsesaar's-Peel hium 7ers 048 142-013, 048142-014, and 048-142-
046. AgenGy negotiator: john -C. brown. Negotiatingparty!6
Cinnabar l l G. Under neg$tlafie�. i-- and terinns of payrmrre —
Removed with Agenda Revision No. 1- Thursday, October 11, 2018.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED
LITIGATION: Significant exposure to litigation pursuant to
Paragraph (2) of subdivision (D) of Section 54956.9: One potential
case. - Added with Agenda Revision No. 1 - Thursdav, October 11,
2018.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three
minutes on items to be addressed in Closed Session.
ADJOURN TO CLOSED SESSION
CALL TO ORDER - EVENING SESSION - 6:45 P.M.
A. ROLL CALL
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C. MOMENT OF SILENC
AGENDA-- CHANGES AND DELETIONS (TO CURRENT AGENDA
PRESENTATION
Red Ribbon Week (Dick Sharkey
PROCLAMATIONS
North Bay Science Discovery Day - October 27
Celebrate EI Dia de Los Muertos Petaluma - October 1 -
November 2, 2018
Small Business Saturday November 24, 2018
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
GENERAL PUBLIC COMMENT
1 • APPROVAL OF MINUTES
None.
2• APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of
Monday, November 5, 2018. - Agenda Revision No. 1 —
Thursday, October 11, 2018.
2.A-Nov52018TentativeAgend aREVISED-PDF-29KB ==
3. CONSENT CALENDAR
A. Resolution 2018-158 N.C.S. Accepting Completion of Work by
the City's Weed Abatement Contractor and Authorizing the City
Clerk to File a Notice of Completion with the Sonoma County
Recorder's Office and Authorizing City Staff to Release the 10%
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Retention Fee for Services Performed by the City's Weed
Abatement Contractor. (Power)
3.A-WeedAbatement-PDF-173KB '_
Resolution 2018-159 N.C.S. Repealing the City of Petaluma's
Conflict of Interest Code (Resolution No. 2016-194 N.C.S.) and
any Conflicting Resolutions and Adopting by Reference the
Model Conflict of Interest Code Set Forth in Title 2, Section
18730 of the California Code of Regulations and Taking Related
Actions. (Cooper)
3.B-.Conflictoflnterest-PDF-646KB 44
PUBLIC HEARINGS
B. Continuance of the Safeway Appeal to a Date Certain of
December 3, 2018. (Hines) – Continued from the September 17,
2018 Regular City Council/PCDSA Meeting.
5.13-SafewayAppeal-PDF-2.1MB `'4=
5.B-DocumentReceivedAfterAgend aDistribution-1-PDF-3.3MB `= —,
5.B-DocumentReceivedAfterAgendaDistribution-2-PDF-82KB =_
5. B-DocumentReceivedAfterAgendaDistribution-3-PDF-84KB
B-DocumentReceivedAfterAaendaDistribution-4-PDF-84KB =`
4. NEW BUSINESS
A. Introduction (First Reading) of an Ordinance 2667 N.C.S.
Approving a Land Purchase Agreement Between Foothill Family
Motors Group LLC and the City of Petaluma Regarding Real
Property Commonly Known as Industrial Drive and Auto Center
Drive (APN 150-020-07) and Authorizing the City Manager to
Execute all Documents Necessary to Complete the Sale.
Alverde
4.A-LandPurchase-PDF-I.2MB "=
Resolution 2018-160 N.C.S. Declaring the City Council's
Intention to Form the Petaluma Tourism Improvement District
and Giving Notice of the Time and Place of a Public Meeting and
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a Public Hearing on the Establishment of the District and the .
Levy of Assessments. (Brown)
4.B-TourismlmprovDistrict-PDF-1.3MB =Y_
4. B-DocumentReceivedAfterAgendaDistribution-1-PDF-824KB
5. PUBLIC HEARINGS, continued
A. Public Hearing and Resolution 2018-161 N.C.S. Confirming the
Cost of Abatement of Weeds and Confirming Approval of the
Forwarding of Unpaid Bills to the County Assessor's Office for
Collection as Assessments. (Power)
5.A-WeedAbatementCost-PDF-252KB `-'�-,,
COUNCIL COMMENT
CITY MANAGER COMMENT
ADJOURN
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD
(707) 778-4480. 12
3-54
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Agendas and supporting documents can be found at:
hftp://cityofpetaluma.net/cclerk/archives.htm1.
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CITY OF PETALUMA, CALIFORNIA
REGULAR MEETING OF •
COMMUNITYPETALUMA DEVELOPMENT
AGENCY •
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
Teresa Barrett'
Mike Healy
Gabe Kearney _
Dave King
Kathy Miller
CITY MANAGER
John C. Brown
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
•
Page 1 of 5
COUNCIL MEETINGS
1 st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma.net
Monday, November 19, 2018
CALL TO ORDER - CLOSED SESSION - 4:30 P.M.
A. ROLL CALL
CLOSED SESSION
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PUBLIC EMPLOYEE APPOINTMENT: Paragraph (1) of subdivision
(b) of California Government Code Section 54957. Title: City Manager.
CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED
LITIGATION: Significant exposure to litigation pursuant to
Paragraph (2) of subdivision (D) of Section 54956.9: One potential
case.
Prior to adjournment into Closed Session, the public may speak up to three
minutes on items to be addressed in Closed Session.
CALL TO ORDER - EVENING SESSION — 6:45 P.M.
A• ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA
ONLY
PROCLAMATION
Proclamation and Presentation for Retiring City Manager John
Brown.
GENERAL PUBLIC COMMENT
During General Public Comment, the public is invited to make comments on
items of public interest that are within the City Council's subject matter
jurisdiction and that are not listed on the current agenda. Public comments are
limited to three minutes per person. Depending on the number of persons
wishing to address the Council, time will be allocated in equal shares totaling no
more than twenty minutes. Please fill out a speaker card (available at the rear of
the Council Chambers) and submit it to the City Clerk. Speaker cards for General
Public Comment will not be accepted after the meeting begins. The Mayor will
call on individuals whose names appear on the speaker cards. If more than three
persons wish to address Council on the same topic, they are encouraged to
select a spokesperson. Please be ready to step forward to the microphone as
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soon as the previous speaker has concluded his/her comments. (Cal. Gov't.
Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III(A)).
1 APPROVAL OF MINUTES
None.
Ili =1 :191 131 _ • r • •
A. Approval of Agenda for Regular City Council/PCDSA Meeting of
Monday, December 3, 2018.
2.A-Dec3TentativeAgenda-PDF-80KB `=7�,
3. CONSENT CALENDAR
A. Resolution 2018-168 N.C.S. Authorizinq the City of Petaluma to
Accept a U.S. Department of Homeland Security FY 2017
Assistance to Firefighter's Grant Award for a Regional Tow
Vehicle in the Amount of $77,841.00. (Thompson)
3.A-TowVehicleGrant- PDF -1.1 MB `--
B.
_
B. Resolution 2018-167 N.C.S. Approving Purchases of Three
Utility Trucks from Henry Curtis Ford, Hansel Auto Group in the
Amount of $128,994.21 and Authorizing the City Manager to
Execute all Documents Necessary to Complete the Purchase.
(St. John/Carothers)
3.B-Trucks-PDF-99KB
C. Letter to the Food and Drug Administration Responding to a
Request for Comments Regarding the Use of the Names of Dairy
Foods in the Labeling of Plant -Based Products. (Alverde)
3.C-Labeling-PDF-198KB `= _
4.A. Adoation (Second Readinq)of Ordinance 2668 N.C.S. (General
Plan); Ordinance 2669 N.C.S. (Enterprise
Funds); Ordinance 2670 N.C.S. (Utilities
Funds); Ordinance 2671 N.C.S. (Internal Service Funds);
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Ordinance 2672 N.C.S. (Special Revenue and Trust
Funds); and, Ordinance 2673 N.C.S. (Capital Projects
and Debt Funds) Amending Ordinances 2649, 2650, 2651,
2652, 2653, 2654, N.C.S. to Change Certain Appropriations for
the Operations of the City of Petaluma from July 1, 2018 to June
30, 2019. (Garberolio)
4.A-Appropriations-PDF-422KB .,
4.13. Adoption (Second Reading) of Ordinance 2674 N.C.S. Amending
the Text of Section 7.110 (Short -Term Vacation Rentals) of the
City's Implementing Zoning Ordinance Ordinance 2300 N.C.S.
Alverde
4.B-ShortTermVacationRentals-PDF-231 KB '`_-
4. UNFINISHED BUSINESS
5. PUBLIC HEARINGS
A. Resolution 2018-169 N.C.& Approving a Non -Substantive
Amendment to the City of Petaluma General Plan 2025. (Hines)
5.A-GeneralPlan-PDF-12.3MB =-�1
B. Resolution 2018-170 N.C.S. Amending the Inclusionary Housing
Program in the City of Petaluma's General Plan 2025, 2015-2023
Housing Element as Adopted by Resolution No. 2014-190 N.C.S.
(Castellucci)
5.B-InclusionaryHousing-PDF-531 KB
COUNCIL COMMENT
CITY MANAGER COMMENT
ME!jq!J-j;j
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
3-60
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needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before'the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD
(707) 778-4480. F��]
Agendas and supporting documents can be found at:
http://citybfpetal u ma. net/cclerk/arch ives. htm I.
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• !A
TENTATIVE AGENDA
All Regular Meetings Include Closed Session at 6:00 p.m. unless otherwise stated.
REGULAR CITY COUNCIL/PCDSA MEETING
MONDAY, DECEMBER 3, 2018 - EVENING - 6:45 P.M.
1, PRESENTATION
A. Safety Committee 2018 Report
2. CONSENT CALENDAR
A. Resolution Accepting Claims and Bills for October 2018. (Garberolio)
B. Resolution to Receive and File the City Treasurer's Quarterly Report Dated
September 30, 2018. (Gaberolio)
C. Resolution Declaring Canvass of Returns and Results of the Regular Municipal
Election Held November 6, 2018 in Consolidation with the Statewide General
Election. (Cooper)
D. Resolution Accepting Completion of the Fire Station #1 Roof Overlay and
Replacement Project. (St. John/Ramirez)
E. Resolution Authorizing Award of Contract for the Local Hazard Mitigation Plan to
. (consultant selection expected in a couple weeks) (St. John/Ramirez)
F. Resolution Accepting Completion of the Petaluma Community Center Concrete
Floor Slab Moisture Vapor Control Project. (St. John/Ramirez)
G. Resolution Authorizing Award of Contract for the Petaluma Police Department
Exterior Painting Project to (St. John/Beatty or Ramirez)
H. Resolution Awarding Bid to for Tertiary Pond Modular Floating Cover in
the Amount of $ (St. John/Walker)
I. Ratification of PPMMA Memorandum of Understanding. (Reeve)
3. PUBLIC HEARINGS
A. PLACEHOLDER: Safeway Fueling Center Appeal. (Hines)
B. Resolution Declaring Results of Majority Protest Proceedings and Establishing the
Petaluma Tourism Improvement District. (Brown)
4. NEW BUSINESS
A. Resolution Approving and Authorizing the City Manager to Execute the Owners'
Association Agreement Between the City of Petaluma and the Petaluma Lodging
Association. (Brown)
B. Resolution to Approve the 2019 Downtown Petaluma Business Improvement District
Annual Report and Related Budget; Declaring the Intention to Levy the 2018 Annual
3-62
Assessment; and Setting a Public Hearing on the Proposed 2019 Annual Assessment
(Garberolio)
C. Resolution Approving a Loan Agreement with a New Limited Partnership that will be
Affiliated with Burbank Housing Development Corporation, in Connection with the
Acquisition and Rehabilitation of Old Elm Village and Authorizing the City Manager
to Sign Documents Related to the Rehabilitation and Financing of the Project.
(Castellucci)
D. Resolution Authorizing the City Manager to Execute a Freeway Maintenance
Agreement and a Utility Maintenance Agreement between the Department of
Transportation and the City of Petaluma. (St. John/Stutsman)
E. Resolution Authorizing Award of Contract for the FY 18/19 Water Services Project
and Wilson -Webster Water Main Replacement Project to Team Ghilotti, Inc.
(St. John/Stutsman)
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CITY OF PETALUMA, CALIFORRIA
REGULAR MEETING OF THE CITY COUNCIL/
■ a DEVELOPMENT SUCCESSOR
AGENCY (PCDSA)
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson
rtr
Teresa Barrett
Mike Healy
Tr
Gabe Kearney
{-
Dave King��
Kathy Miller
CITY MANAGER
Scott Brodhun (Interim)
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
AGENDA
Monday, December 3, 2018
CALL TO ORDER CLOSED SESSION — 6:00 P.M.
A. ROLL CALL
CLOSED SESSION
COUNCIL MEETINGS
1 st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma.net
* CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d)
of Section 54956.9: One potential case.
* CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to CalifdrWa
Government Code Section 54957.6. Agency Designated Representatives: Scott
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Brodhun and Amy Reeve. Peace Officers' Association of Petaluma, Unit 6 -
Poliice.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three minutes on
items to be addressed in Closed Session.
ADJOURN TO CLOSED SESSION
CALL TO ORDER - EVENING SESSION — 6:45 P.M.
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
PRESENTATION
* Safety Committee 2018 Report
Presentation-SafetyProgram "�-
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
GENERAL PUBLIC COMMENT
During General Public Comment, the public is invited to make comments on items of public
interest that are within the City Council's subject matter jurisdiction and that are not listed
on the current agenda. Public comments are limited to three minutes per person.
Depending on the number of persons wishing to address the Council, time will be allocated
in equal shares totaling no more than twenty minutes. Please fill out a speaker card
(available at the rear of the Council Chambers) and submit it to the City Clerk. Speaker
cards for General Public Comment will not be accepted after the meeting begins. The
Mayor will call on individuals whose names appear on the speaker cards. If more than
three persons wish to address Council on the same topic, they are encouraged to select a
spokesperson. Please be ready to step forward to the microphone as soon as the previous
speaker has concluded his/her comments. (Cal. Gov't. Code §54954.3(a), Petaluma City
Council Rules, Policies and Procedures, III(A)).
1. APPROVAL OF MINUTES
None.
2. APPROVAL OF PROPOSED AGENDA
3-66
A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday,
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December 17, 2018.
2.A-December172018TentativeAgenda `=`µ
3. CONSENT CALENDAR
A. Resolution Accepting Claims and Bills for October 2018. (Garberolio)
3.A-ClaimsBills =_
B. Resolution to Receive and File the City Treasurer's Quarterly Report Dated
September 30, 2018. (Gaberolio)
3.B-TreasurerReport
C. Resolution Declaring Canvass of Returns and Results of the Regular
Municipal Election Held November 6, 2018 in Consolidation with the Statewide
General Election. (Cooper)
3.C-ElectionResuIts .--'
D. Resolution Accepting Completion of the Fire Station 1 Roof Replacement
Project. (St. John/Ramirez)
3. D-FireStation RoofCom p
E. Resolution Accepting Completion of the Petaluma Community Center
Concrete Floor Slab Moisture Vapor Control Contract. (St. John/Ramirez)
3.E-ConcreteFloorCompletion
4. NEW BUSINESS
A. Resolution to Approve the 2019 Downtown Petaluma Business Improvement
District Annual Report and Related Budget; Declaring the Intention to Levy the
2019 Annual Assessment; and Setting a Public Hearing on the Proposed
2019 Annual Assessment. (Garberolio)
.. P-: D
B. Resolution Authorizing the City Manager to Execute a Freeway Maintenance
and a Utility Agreement between the Department of Transportation and the
City of Petaluma. (St. John/Stutsman)
4.B-FreewayMaintUtilityAgreement ==_
C. Resolution Amending Resolution No. 2018-144 N.C.S. Authorizing Award6of
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Contract for the FY 18/19 Water Services Project and Wilson -Webster Water
Main Replacement Project to Team Ghilotti, Inc. (St. John/Stutsman)
4.C-Wilson-WebsterWaterMain ' ===x,
5. PUBLIC HEARINGS
A. Public Hearing Regarding the Proposed Formation of a Petaluma Tourism
Improvement District. (Brodhun)
5.A-TourismimprovementDistrict `_
B. Resolutions for Council Action on the Appeal of the Planning Commission's
approval of a Mitigated Negative Declaration and Site Plan and Architectural
Review for the Safeway Fuel Center Project. (Hines)
5.13-SafewayFuelCenterAppeal-StaffReport'=
5.13-SafewayFuelCenterAppeal-Attachmentl '== ,
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COUNCIL COMMENT
CITY MANAGER COMMENT
ADJOURN
In accordance with the Americans with Disabilities Act, if you require special assistance to
participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice)
or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or
assistive listening devices for individuals with hearing disabilities will be available upon
request. A minimum of 48 hours is needed to ensure the availability of translation services.
In consideration of those with multiple chemical sensitivities or other environmental illness,
it is requested that you refrain from wearing scented products. The City Clerk hereby
certifies that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record relating to
an agenda item for a regular meeting of the City Council that are provided to a majority of
the members less than 72 hours before the meeting will be made available at the City
Clerk's Office, 11 English Street, during normal business hours. Materials of public record
that are distributed during the meeting shall be made available for public inspection at the
meeting if prepared by the City or a member of its legislative/advisory body, or the next
business day after the meeting if prepared by some other person.
3-73
For accessible meeting information, please call (707) 778-4360 or TDD (707) 778-
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4480.
Agendas and supporting documents can be found at:
http://cityofpetaluma.net/cclerk/archives.html.
3-74
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COUNCIL/CITY OF PETALUMA, CALIFORNIA
REGULAR MEETING OF THE CITY
DEVELOPMENTPETALUMA COMMUNITY
AGENCY •
MAYOR
David Glass
COUNCIL MEMBERS
Chris Albertson rf
Teresa Barrett
Mike Healy 4
Gabe Kearney
Dave King rr
Kathy Miller
CITY MANAGER
Scott Brodhun (Interim)
CITY CLERK
Claire Cooper
CITY ATTORNEY
Eric W. Danly
AGENDA
Page 1 of 12
COUNCIL MEETINGS
1 st & 3rd Mondays of each
month
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707) 778-4360
Fax (707) 778-4554
cityclerk@ci.petaluma.ca.us
cityofpetaluma.net
Monday, December 3, 2018
CALL TO ORDER - CLOSED SESSION — 6:00 P.M.
A. ROLL CALL
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* CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED
LITIGATION: Significant exposure to litigation pursuant to
Paragraph (2) of subdivision (d) of Section 54956.9: One potential
case.
* CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to
California Government Code Section 54957.6. Agency Designated
Representatives: Scott Brodhun and Amy Reeve. Peace Officers'
Association of Petaluma, Unit 6 - Police.
Prior to adjournment into Closed Session, the public may speak up to three
minutes on items to be addressed in Closed Session.
ADJOURN TO CLOSED SESSION
CALL TO ORDER - EVENING SESSION — 6:45 P.M.
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA
ONLY)
PRESENTATION
* Safety Committee 2018 Report
Presentation-SafetyProg r� am
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
GENERAL PUBLIC COMMENT
During General Public Comment, the public is invited to make comments on
items of public interest that are within the City Council's subject matter
jurisdiction and that are not listed on the current agenda. Public comments are
limited to three minutes per person. Depending on the number of persons
wishing to address the Council, time will be allocated in equal shares totaling no
more than twenty minutes. Please fill out a speaker card (available at the rear of
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Page 3 of 12
the Council Chambers) and submit it to the City Clerk. Speaker cards for General
Public Comment will not be accepted after the meeting begins. The Mayor will
call on individuals whose names appear on the speaker cards. If more than three
persons wish to address Council on the same topic, they are encouraged to
select a spokesperson. Please be ready to step forward to the microphone as
soon as the previous speaker has concluded his/her comments. (Cal. Gov't.
Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III(A)).
11. APPROVAL OF MINUTES
None.
a . i 1 r
A. Approval of Agenda for Regular City Council/PCDSA Meeting of
Monday, December 17, 2018.
2.A-Decemberl72018TentativeA. eq_nda : —t,
3. CONSENT CALENDAR
A. Resolution 2018-171 N.C.S. Accepting Claims and Bills for
October 2018. (Garberolio)
3.A-ClaimsBills `=1
B. Resolution 2018-172 N.C.S. to Receive and File the City
Treasurer's Quarterly Report Dated September 30, 2018.
(Gaberolio)
3. B-TreasurerReport
C. Resolution 2018-173 N.C.S. Declaring Canvass of Returns and
Results of the Regular Municipal Election Held November 6,
2018 in Consolidation with the Statewide General Election.
(Cooper)
3.C-ElectionResults �,
D. Resolution 2018-174 N.C.S. Accepting Completion of the Fire
Station 1 Roof Replacement Project. (St. John/Ramirez)
3.D-FireStationRoofComp
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Resolution 2018-175 N.C.S. Accepting Completion of the
Petaluma Community Center Concrete Floor Slab Moisture
Vapor Control Contract. (St. John/Ramirez)
3.E-ConcreteFloorCompletion ''=
4. NEW BUSINESS
A. Resolution 2018-176 N.C.S. Approving the 2019 Downtown
Petaluma Business Improvement District Annual Report and
Related Budget; Declaring the Intention to Levy the 2019 Annual
Assessment; and Setting a Public Hearing on the Proposed 2019
Annual Assessment. (Garberolio)
B. Resolution 2018-177 N.C.S. Authorizing the City Manager to
Execute a Freeway Maintenance and a Utility Agreement
between the Department of Transportation and the City of
Petaluma. (St. John/Stutsman)
4.B-FreewayMaintUtilityAgreement r=�J
C. Resolution 2018-178 N.C.S. Amending Resolution No. 2018-144
N.C.S. Authorizing Award of Contract for the FY 18/19 Water
Services Project and Wilson -Webster Water Main Replacement
Project to Team Ghilotti, Inc. (St. John/Stutsman)
4.C-Wilson-WebsterWaterMain r= ,
5. PUBLIC HEARINGS
A. Resolution 2018-179 N.C.S. Declaring the Results of Maiority
Protest Proceedings and Authorizing Formation of the Petaluma
Tourism Improvement District and the Levy of Assessments In
Accordance with California Streets and Highways Code Section
36600 et. seg. and Authorizing the City Manager to Execute on
Behalf of the City a Contract with the Petaluma Lodging
Association Conditioned on the Petaluma Lodging Association
Incorporating as a Legal Entity and Entering a Contract with the
City to Administer the District. (Brodhun)
5.A-TourismlmprovementDistrict '�=- _,
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Resolution 2018-180 N.C.S. Upholding the Appeal Filed by
Joann McEachin as to the Mitigated Negative Declaration
Approved by the Petaluma Planning Commission on June 26,
2018 by Resolution No. 2018-21A, Ordering the Preparation of an
Environmental Impact Report In Accordance with Section 15064,
Subdivisions (C) and (G) of the California Environmental Quality
Act Guidelines, and Staying the Planning Commission's
Approval of Site Plan and Architectural Review Pursuant to
Resolution No. 2018-21 Adopted June 26, 2018 for the Safeway
Fuel Center Proiect Located at 335 South McDowell Boulevard,
Assessor's Parcel No. 007-820-046, File No. PLSR 13-0012,
Pending Certification of the EIR and City Council Review of the
Proiect Site Plan and Architectural Review Approval. (Hines)
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COUNCIL COMMENT
CITY MANAGER COMMENT
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's Office at
(707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with
hearing disabilities will be available upon request. A minimum of 48 hours is
needed to ensure the availability of translation services. In consideration of those
with multiple chemical sensitivities or other environmental illness, it is requested
that you refrain from wearing scented products. The City Clerk hereby certifies
that this agenda has been posted in accordance with the requirements of the
Government Code.
In accordance with Government Code §54957.5, any materials of public record
relating to an agenda item for a regular meeting of the City Council that are
provided to a majority of the members less than 72 hours before the meeting will
be made available at the City Clerk's Office, 11 English Street, during normal
business hours. Materials of public record that are distributed during the meeting
shall be made available for public inspection at the meeting if prepared by the
City or a member of its legislative/advisory body, or the next business day after
the meeting if prepared by some other person.
For accessible meeting information, please call (707) 778-4360 or TDD _��
(707) 778-4480.
Agendas and supporting documents can be found at:
http://cityofpetaluma.net/cclerk/archives.html.
3-87
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3-88
gyp, L U PUBLIC HEARING FOR CONSIDERATION OF AN
a APPEAL OF THE PLANNING COMMISSION'S APPROVAL
OF SITE PLAN AND ARCHITECTURAL REVIEW
s 5 $ SAFEWAY FUEL CENTER PROJECT
PLAP-18-0001
335 SOUTH MCDOWELL BOULEVARD
APN 007-820-046
NOTICE IS HEREBY GIVEN, to all interested persons that the City Council will consider an appeal of the Planning
Commission's approval of Site Plan and Architectural Review (SPAR) of the Safeway Fuel Center project as summarized
below:
PROJECT DESCRIPTION: On June 26, 2018 the Planning Commission adopted Resolution No. 2018-21B approving
Site Plan and Architectural Review for the Safeway Fuel Center project, including development of a new gas station on a
0.71 acre site located at 335 South McDowell Boulevard, within the Washington Square Shopping Center. Site
improvements include the construction of a 5,932 square foot fueling canopy covering 16 fueling positions, a 697 square
foot convenience store, two 20,000 gallon underground storage tanks, landscaping and parking. Site preparation will include
the demolition of the existing 13,770 square foot commercial building and associated existing site improvements. Offsite
improvements consist of modifications to the adjacent Transit Center to increase the width of the bus turnout area to allow
for buses to queue outside of the Maria Drive travel lane. Additionally, the Transit Center amenities will be enhanced to
include new shelters, seating, landscaping and ancillary improvements.
PROJECT LOCATION: The project is located at 335 S. McDowell Blvd, within the Washington Square Shopping Center.
ENVIRONMENTAL REVEIW: An Initial Study (IS) was prepared for the project and published for public review period
that extended from April 5, 2018 to May 7, 2018, The Planning Commission adopted Resolution No. 2018-21A approving
the Mitigated Negative Declaration on June 26, 2018.
CITY COUNCIL MEETING DATE/TIME: Monday, September 17, 2018, at or after 6:45 p.m.
MEETING LOCATION: City Council Chambers, City Hall of Petaluma, 11 English Street, Petaluma, CA.
WHAT WILL HAPPEN: You can comment on the project. The City Council will consider all public testimony and
approve, approve with modifications, or deny the appeal.
IF YOU CANNOT ATTEND: You can send a letter to the Planning Division, City of Petaluma, 11 English Street,
Petaluma California, 94952. You can also hand deliver letters prior to the meeting or e-mail comments. All Planning
Commission meetings are televised on the Petaluma Community Access Cable Channel 28.
FOR MORE INFORMATION: You may contact Olivia Ervin, at (707) 778-4556 or oervin@m-group.us and/or Heather
Hines at (707) 778-4316 or hhines@m-group.us. You can also come to the Planning Division to review the project file. The
office is open Monday through Thursdays from 8:00 a.m, to 5:00 p.m. City Hall is closed Fridays.
Efforts will be made to accommodate persons with disabilities. The City Manager's office must be notified at (707) 778-
4345 within 5 days from date of publication of this notice if you need special accommodations.
For accessible meeting information:
Please call (707) 778-4360 or (J�
TDD 707 778-4480
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting,
please contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign
Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon
request. A minimum of 48 hours is needed to ensure the availability of translation services. In consideration AROse with
chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products.
N
W+E
S
0 0.05 0-90 0.2
mi
1 inch = 750 feet Date: 4/2/2018
Petaluma Argus -Courier - 09106/2018
�p.L UAr
Ise$
PUBLIC HEARING FOR CONSIDERATION OF AN
AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL
OF SITE PLAN AND ARCHITECTURAL REVIEW
SAFEWAY FUEL CENTER PROJECT
PLAP-18-0001
335 SOUTH MCDOWELL BOULEVARD
APN 007-820-046
NOTICE IS HEREBY GIVEN, to all interested persons that the City Council
will consider an appeal of the Planning Commission's approval of Site Plan
and Architectural Review (SPAR) of the Safeway Fuel Center project as sum-
marized below:
PROJECT DESCRIPTION: On June 26, 2018 the Planning Commission
adopted Resolution No. 2018-21B approving Site Plan and Architectural
Review for the Safeway Fuel Center project, including development of a new
gas station on a 0.71 acre site located at 335 South McDowell Boulevard,
within the Washington Square Shopping Center. Site Improvements include
the construction of a 5,932 square foot fueling canopy covering 16 fueling
positions„a 697 square foot convenience store, two 20,000 gallon under-
ground storage tanks, landscaping and parking. Site preparation will include
the demolition of the existing 13,770 square foot commercial building and
associated existing site improvements. Offsite Improvements consist of
modifications to the adjacent Transit Center to Increase the width of the bus
turnout area to allow for buses to queue outside of the Maria Drive travel lane.
Additionally, the Transit Center amenities will be enhanced to Include new
shelters, seating, landscaping and ancillary Improvements.
PROJECT LOCATION! The project Is located at 335 S. McDowell Blvd, within
the Washington Square Shopping Center.
ENVIRONMENTAL REVERY; An Initial Study (IS) was prepared forthe project
and published for public review period that extended from April 5, 2018 to May
7, 2018. The Planning Commission adopted Resolution No. 2018-21A approv-
ing the Mitigated Negative Declaration on June 26, 2018.
CITY COUNCIL MEETING DATE/TIME: Monday, September 17, 2018, at or
after 6:45 p.m.
MEETING LOCATION: City Council Chambers, City Hall of Petaluma, 11
English Street, Petaluma, CA,
WHAT WILL HAPPEN: You can comment on the project. The City Council
will consider all public testimony and approve, approve with modifications,
or deny the appeal.
IF YOU CANNOT ATTEND: You can send a letter to the Planning Division,
City of Petaluma, 11 English Street, Petaluma California, 94952. You can also
hand deliver letters prior to the meeting or e-mail comments. All Planning
Commission meetings are televised on the Petaluma Community Access
Cable Channel 26.
FOR MORE INFORMATION: You may contact Olivia Ervin, at (707) 778.4556
or oervin®m-group.us and/or Heather Hines at (707) 778-4316 or hhines®m-
group.us. You can also come to the Planning Division to review the project
file. The office is open Monday through Thursdays from 8:00 a.m. to 6:00 p.m.
City Hall is closed Fridays.
Efforts will be made to accommodate persons with disabilities. The City
Manager's office must be notified at (707) 778,4345 within 6 days from date of
publication of this notice if you need special accommodations.
7 For accessible meeting information:
Please call (707) 778.4360 or
TDD (707) 778-4480
In accordance with the Americans with Disabilities Act, if you require special
assistance to participate in this meeting, please contact the City Clerk's
Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American.
Sign Language interpreters, and/or assistive listening devices for Individuals
with hearing disabilities will be available upon request. A minimum 0f 48
hours Is needed to ensure the availability of translation services. In consider-
ation of those with chemical sensitivities or other environmental illness, it is
requested that you refrain from wearing scented products.
2619212- Pub Sept 6, 2018 itt.
Page: B05
3-91
Copyright @.2018 Press Democrat Media. All rights reserved, Restricted Use only 09/06/2018 • Privacy Policy • Terms of Service
December 28, 2018 1:47 pm (GMT+8:00) Powered by TECNAVIA
3-92
From: David Glass <daveglass@comcast.net>
Sent: Thursday, December 20, 2018 3:57 PM
To: Danly, Eric
Subject: Fwd: We Support Safeway Gas Station
---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM.---
> ---- - - Original Message ---------
> From: SCWS <scws@sonic.net>
> To: councilman,albertson@gmail.com, teresa4petaluma@comcast.net,
> mayordavidglass@gmail.com, mthealy@sbcglobal.net,
> councilmemberkearney@me.com, kathleencmilieroffice@gmail.com,
> davekingpcc@gmail.com
> bate: September 17, 2018 at 9:41 AM
> Subject: We Support Safeway Cas Station
> We know you will have a small and vocal minority at your meeting
> tonight that will oppose the Safeway gas station, but we want to let
> you know that we believe that the majority of people in Petaluma support the lower prices
> that we believe the Safeway gas station will bring. For years we have
> purchased ALL -of our gas out of town, primarily at the Costco gas
> station in Rohnert Park and the Safeway gas station in Novato because
> it was so much cheaper than anything in Petaluma. This is the chance
> for Petaluma to reclaim that lost tax revenue.
> Now i know that those that oppose -the gas station will claim its going
�> to be bad. for the environment. The reports that I have read online do
> not support.this.
> They will claim thatit will not lower prices, and that it will not
> solve our gas price issue. They will claim that the long lines of
> idling cars will produce pollution and harm children at the school across the street,
> They claim the onslaught of cars going to and from the station will
> cause traffic issues.
> The same group of about a.dozen people have been making these claims online
> for some time now. The primary flaw we see in their argument is that if
> the prices are not goingao, be good, then why will there be long lines of
> idling cars waiting at such a busy station? If the prices are not good, it
> will not have lines or idling cars, but the fact is that even they
> know that it WiLL be a busy station because the gas prices WILL be so
> much lower that people WILL flock to it.
>
> In these times of budget shortfalls, and the looming repeal of the
> state gas tax in November that we believe will take place, the city
> should look to the future and reclaim the tax revenue Petaluma itis
> losing to surrounding cities and bring lower gas prices to its people.
> We suspect that you have done -your own polling in this matter and know that the majority of people
3-93
37
wai this station to finally move forward after such long delays. We
>u Astand that the vocal minority will be difficult for you to deal
tonight; and we thank you time and attention in this matter.
> Thank you for your time.
> Peter P
> April P
> Emma P
> Bonnie M
> Dennis M
> Barbara B
> Warren H
> Philip H
> Patricia H
> Shontay E
> Bob O
> Karen O
> Johnathan K
> Rose K
> Samantha P
38
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3-95
1LumGwoRTH&RoDKtN,1Nc.
11118 Acoustics • Air Quality 81111
429 K Cotati Ave
Cotati, California 94931
Tel: 707-794-0400 Fax: 707-794-0405
www. illingworthrodkin. coni illro@illiiigworthrodkiii.com
Date: 'December 3, 2018
To: Natalie Mattei
Senior Real Estate Manager
Albertsons Companies
11555 Dublin Canyon Road
Pleasanton, CA 94588
From: James A, Reyff
Illingworth & Rodkin, Inc,
429 E. Cotati Ave
Cotati, CA 94931
RE: Safeway Fuel Center CEQA document - Petaluma, CA
SUBJECT: Safeway Fuel Center Health Risk Assessment - Response to 12/03/2018
Submittal from Phyllis Fox and Ray Kapahi - Job#13-205
This memo provides our response to comments regarding the Petaluma Safeway gas station project
("Project") made by Phyllis Fox and Ray Kapahi in a supplemental report dated December 3, 2018.
Given the short time provided to respond, we developed these responses to the primary issues
brought up:
Use of WRF Model
The Commenters claim that the WRF model is not intended to be used nor appropriate for use for
a site specific HRA at this fine level, The HRA AERMOD modeling utilized meteorological data
prepared using the recent EPA -accepted methods, New U.S. EPA modeling guidelines (40 CFR
Part 51, Appendix W, effective February 16, 2017) allows the use of prognostic meteorological
data using the U.S. EPA's Mesoscale Model Interface Program ("MMIF") pre-processor to
generate inputs for regulatory modeling applications using the meteorological preprocessor model
("AERMET") and AERMOD. The EPA developed the MMIF to process MM5 (Mesoscale Model
5) or WRIT (Weather Research and Forecasting) model data for input to various models including
AERMOD. The WRF model uses objective analysis to process archived observations of upper
data from sites in the region to analyze the observed data and outputting them into a regular grid.
These gridded data are then used with the MMIF model.
Memo to Natalie Mattei
December 2, 2018 — Page 2
Regulatory modeling applications are as, or more, stringent than health risk modeling
requirements. As such, the data used for the HRA modeling is appropriate for use. The AERMOD
data prepared with a the MMIF model used WRF model data and EPA -approved procedures as
part of the process in producing the AERMOD meteorological data.
The commenters state that "The minimum resolution available with WRF model as used in the
most recent HRA is in the range of 1 to 4 kilometers. Given this resolution, it is not possible to
make accurate predictions within 50 to 100 meters." The grid resolution of the data produced by
the WRF model that is used by the MMIF model for use in developing local meteorological
parameters needed by AERMOD, including wind speed and direction data. As stated above, data
produced from the MMIF model using WRF data is accepted by the EPA for regulatory modeling
purposes. It is improper to draw these correlations between the resolution of the meteorological
data and the prediction accuracy of the dispersion model.
Additionally, it should be noted that the MMIF-based meteorological data used for the HRA are
the only meteorological data available for use in AERMOD. There are no adequate local sources
of meteorological data for use in preparing AERMOD data, which is the reason why the EPA -
approved method using MMIF was used to produce modeling data.
Understated DPM by a factor of 4
The HRA used aggregated 5 mph emission factors to model idle emissions and then used the
composite speed from EMFAC2014 that represents vehicle travel in Sonoma County for the
weighted mix of vehicle expected at the project. The Commenters are comparing 5 -mph travel
emission factors used to compute idling emissions to the travel emission factors, which is not an
appropriate comparison. Note that the aggregate emission rates include other vehicle classes that
would be using the station (e.g., light-duty trucks). Heavy-duty trucks would only visit the project
site to make deliveries.
Exposure Duration for Cancer Risk
The Commenters continue to claim that use of 30 -year exposure duration is inconsistent with
BAAQMD guidance and understates public risk. Please see our response to this original comment
in our October 10, 2018 response (p5 under "Exposure Duration" ). The 70 -year exposure duration
with older CAPCOA guidance applies to only the facility that BAAQMD is permitting. As
BAAQMD pointed out in their September 17, 2018 comment, use of the 30 -year exposure with
the 2015 OEHHA guidance yields more conservative results. The 30 -year exposure duration with
recommended 2015 OEHHA guidance parameters is what BAAQMD recommends for CEQA
analyses. BAAQMD concurred with the HRA in their November 8, 2018 letter. Note that the
previous 2014 assessment followed the guidance that is currently recommended in BAAQMD's
New Source Review guidelines (i.e., 70 -year exposure with less protective parameters such as
child and infant breathing rates).
Underestimated Benzene Emissions .
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Memo to Natalie Maffei
December 2, 2018 — Page 3
The Commenters claims that benzene emissions were significantly underestimated, by
inappropriately citing SCAQMD guidance. The emission factor used by the Commenter's in their
analysis is higher than those emissions factors. One reason is that the Commenter's are not
considering that over 85 -percent of the vehicles using the project will be equipped with on -board
vapor recovery systems. This rate will increase to nearly 100 percent during the early years of the
project. While the Commenters refer to a study for fueling stations in the Midwest and Northwest
that reports higher vent emissions from fueling stations (Hilpert study), they fail to recognize that
California stations are required to utilize enhanced vapor recovery that controls vent pipe
emissions. The emission factors reported by the Commenters are overestimated and not reflective
of emissions factors currently applicable to California. The BAAQMD concurred with the
emission factors utilized in the Project study.
Other TACs
The Project assessment addressed impacts from construction activity (emissions of diesel
particulate matter) vehicles using the station, including diesel particulate matter from diesel
vehicles, and benzene from evaporative emissions. Gasoline evaporation includes other toxic air
contaminants but those that occur at higher rates than benzene have much lower toxicity levels and
those that have higher toxicity levels have much lower emissions rates. That is why BAAQMD
uses benzene to compute health risks from gasoline evaporation.
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i
gm
Re: From Brian Sobel
From: Michael Healy (mthealy@sbcglobal.net)
To: brian@sobelcommunications.com
Date: Tuesday, July 24, 2018 11:37 AM PDT
I really wish Mark had not submitted that very unfortunate guest op ed. But it probably wasn't enough to flip
my vote. I will be recommending that the city attorney have a closed session under the "threatened
litigation" exception prior to Sep. 17 so that there can be a frank discussion of the legal issues.
Mike
On Tuesday, July 24, 2018 11:13 AM, Brian Sobel <brian@sobelcommunications.com> wrote:
Hi Mike,
Hope all is going well and great chatting with you the other day. I am reaching out to you
concerning the Washington Square Shopping Center and Safeway gas station appeal. As we
discussed, I am giving the applicants some assistance in finalizing their plans. Given your
comments at the Planning Commission hearing and absent a different legal theory, I believe your
legal position asserting the City has no sustainable option, wins the day.
As you are aware the Planning Commission's decision of June 26 has been appealed and we are
told the appeal is currently scheduled for the September 17 City'Council meeting.
At your convenience, the applicant would very much appreciate the opportunity to meet with you
and provide any additional detail you may need and to answer any questions. I have also
attached the recent op/ed that appeared in the Argus Courier authored by Mark Friedman, along
with a summary memo prepared by FM3 concerning the June 2018 poll of 502 likely Petaluma
voters. The team has also created a website (petal umasafewaygas.com) that contains additional
details about the project.
I will give you a, call over the next couple of days to see if you can find a spot on your calendar for
us to come by your office. I will also be reaching out to your colleagues as well. Thanks!
Warmly,
Brian
Brian Sobel
-Sobel Communications
775 Baywood Drive, Suite 203
Petaluma, CA 94954
(T) 707.762.3509
(C) 707.953.6626
www,sobelcomm un ications.com
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