HomeMy WebLinkAboutStaff Report 4.A 02/04/2019DATE:
TO:
FROM:
• — • •
February 4, 2019
Honorable Mayor and Members of the City Council through City Manager
Eric W. Danly, City Attorney
SUBJECT: Motion to Reconsider Adoption on January 28, 2019 of City Council Resolution
No. 2019-015 N.C.S. Entitled "Resolution of the City of Petaluma City Council
Rescinding and Replacing Resolution No. 2018-180 Adopted December 3, 2018
and 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 the Site Plan and Architectural Review Pursuant to
Resolution No. 2018-21B 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"
RECOMMENDATION
It is recommended that the City Council move reconsideration of adoption of Resolution No.
2019-015 N.C.S. in accordance with Section I(F) of the City Council's Rules, Policies and
Procedures adopted January 28, 2002 and last amended October 18, 2004. The Council may also
second the motion as part of this agenda item.
BACKGROUND
At the January 28, 2019 City Council meeting, the City Council conducted a public hearing to
cure and correct alleged Brown Act violations pursuant to the following agenda item listed on
the January 28 meeting agenda as Item 5A:
Public Hearing to Cure or Correct Alleged Violations of the Brown Act at the
City Council Appeal Hearing on December 3, 2018 in Response to January 2,
2019 Demand of Safeway Regarding the Planning Commission's Approval of the
Mitigated Negative Declaration ("MND") and Site Plan and Architectural Review
("SPAR") for the Safeway Fuel Center Project — City Council Consideration
and Possible Adoption of One of Two Offered Resolutions: 1) A Resolution
Rescinding and Replacing Resolution No. 2018-180 Adopted December 3, 2018
Upholding the Appeal Filed by JoAnn McEachin as to the MND Approved by the
Planning Commission on June 26, 2018, Ordering the Preparation of an
Environmental Impact Report (`BIR") and Staying the Planning Commission's
Approval of SPAR Pending Certification of the EIR and City Council Review of
the SPAR Concerning the Safeway Fuel Center Project at 335 South McDowell
Boulevard; or 2) A Resolution Rescinding and Replacing Resolution No. 2018-
180 Adopted December 3, 2018 Denying the Appeal Filed by JoAnn McEachin of
the Planning Commission's Approval of the MND and SPAR on June 26, 2018,
and Affirming the Planning Commission's Approval of the MND and SPAR for
the Safeway Fuel Center Project at 335 South McDowell Boulevard.
After the January 28 public hearing had been closed and during Council deliberation on the item,
some members expressed a desire for additional time to consider the impact of the recent
decision in McCorkle Eastside Neighborhood Group v. City of St. Helena, filed December 18,
2018, on the City Council's options for acting on the appeal of the Mitigated Negative
Declaration and Site Plan and Architectural Review approvals of the Planning Commission
regarding the Safeway Fuel Center Project pursuant to Resolution Nos. 2018-21A and 2018-21B.
The McCorkle case was filed only 15 days after the City Council's initial action of December 3,
2018 on the appeal of the Safeway project approvals. The staff recommendation prior to the
Council's action on December 3 had been to uphold the appeal, order preparation of an EIR and
stay the Planning Commission's SPAR approval pending certification of the EIR and Council
consideration of the SPAR. Safeway representatives raised the ruling in the McCorkle case for
the first time in correspondence to the City dated January 24, 2019, four days before the January
28 cure and correct hearing. At the January 28 cure and correct hearing, and based on the ruling
in the McCorkle case, staff revised its earlier advice regarding the appeal to recommend that the
City Council adopt a resolution denying the appeal.
In response to the desire expressed by some Council members for additional time to consider the
McCorkle case, Safeway representatives stated Safeway would not stipulate to additional time
for Council consideration and that the City Council should take action at the January 28 City
Council Meeting in accordance with the cure and correct deadline that applies under the Brown
Act to Safeway's cure or correct demand dated January 2, 2019. Accordingly, Council Member
Healy asked for confirmation whether the Council taking action to cure or correct subject to the
Council's rules regarding motions for reconsideration would satisfy Brown Act requirements.
Upon receiving an answer from staff that such action would satisfy Brown Act requirements,
Council Member Healy gave notice of his intent to later move reconsideration, in accordance
with the Council's rules, and moved to adopt Resolution No. 2019-015 N.C.S. rescinding and
replacing Resolution No. 2018-18 adopted December 3, 2018, upholding the Appeal of the
Safeway project approvals, ordering preparation of an EIR and staying the Planning
Commission's SPAR approval pending certification of the FIR and Council review of SPAR.
Mayor Barrett seconded Council Member Healy's motion. The motion passed by a vote of four
to one with Council Member Fischer opposed and Council Members Kearney and Miller
recused.
2
DISCUSSION
Section I(F) entitled Motions for Reconsideration of the City Council's Rules, Policies and
Procedures adopted January 28, 2002 and last amended October 18, 2004, provides as follows:
After decision by the Council on any question, except the adoption of an
ordinance, any member who voted with the majority may move a reconsideration
of any action at the same or next succeeding meeting. The motion may be
seconded at the same meeting that the motion was made or the next succeeding
meeting. The vote on such motion shall be held thereon, at the next succeeding or
regular meeting after the motion was made, not less than one week thereafter;
provided, however, that a resolution authorizing or relating to any contract may be
reconsidered at any time before the final execution thereof. If at the time of the
original decision a Council member intends to later move for reconsideration, the
Council member should so advise of his/her intent at the time of the vote on the
original motion. A motion to reconsider will require the same number of votes as
is required to adopt an ordinance or resolution. If the motion for reconsideration
passes, the actual reconsideration of the question shall be heard at the next
regularly scheduled meeting not less than one week after the vote on the motion
for reconsideration. After the actual reconsideration of the question has once
been acted upon, no other motion for or resolution of a reconsideration thereof
will be made without unanimous consent of the members present. In the case of a
tie vote, the prevailing side or majority of the Council will be deemed to be those
Council members who voted in the negative.
Under Section I(F) of the Council rules, any reconsideration motion on the Council's adoption of
Resolution No. 2019-015 N.C.S. on January 28, 2019 must occur at the City Council meeting on
February 4, 2019. The motion may also be seconded at that same meeting, or at the subsequent
meeting. Once a motion for reconsideration has been made and seconded, the vote must occur at
the next succeeding or regular Council meeting at least one week later. Following passage of a
reconsideration motion, reconsideration must occur at the next regularly scheduled Council
meeting at least one week after the vote on the motion. In accordance with Section I(F), the City
Council may second a motion to reconsider Resolution No. 2019-015 N.C.S. on February 4 or
February 25, 2019, may vote on the motion on February 25 or March 4, 2019, and may
reconsider the resolution on March 4 or March 18, 2019.
FINANCIAL IMPACTS
The financial impacts to the City from potential reconsideration proceedings are primarily those
resulting from related staff time.
ATTACHMENTS
There are no attachments for this item. The City Council's Rules, Policies and Procedures
adopted January 28, 2002 and last amended October 18, 2004 may be viewed here:
http:/lcityofpetaluma.net/cclerk/pdf/agenda/Council%20Rules%2OPolicies%2OProcedures.pdf