HomeMy WebLinkAboutCity Council/PCDSA Minutes 01/28/2019January 28, 2019
�-1r` U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
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1 City Council/PCDSA Minutes
2 Monday, January 28, 2019
3 Regular Meeting
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6 MONDAY, JANUARY 28, 2019
7 CLOSED SESSION — 6:00 P.M.
Vol. 50, Page 1 1
9 CALL TO ORDER
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11 A. ROLL CALL
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13 Present: Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
14 Kevin McDonnell; Kathy Miller
15 Absent: None
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17 CLOSED SESSION
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19 9 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: (Paragraph (1) of subdivision (d) of Section
20 54956.9). Kevin Burris v. City of Petaluma, Northern District, Case no. 4:18-cv-02102-HSG.
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22 @ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (Paragraph (1) of subdivision (d) of Section
23 54956.9). Minick v. City of Petaluma, Sonoma County Superior Court, Case no. SCV-251915.
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25 e CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
26 pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
27 circumstances based on which the City Council on the advice of the City Attorney has concluded
28 there is significant exposure to litigation against the City based on public comments made by legal
29 counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
30 54956.9(e) (4), correspondence to the City from Safeway legal counsel dated December 1 and 2, 2018,
31 and demand to cure or correct correspondence submitted to the City by legal counsel for Safeway
32 dated January 2, 2019, subject to Section 54956.9(e)(3). The correspondence from Safeway legal
33 counsel, including the cure or correct correspondence is available for public inspection in the Office of
34 the City Clerk in accordance with Section 54957.5.
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36 PUBLIC EMPLOYEE APPOINTMENT: Pursuant to California Government Code Section 54957. Title: City
37 Manager.
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39 CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
40 Agency designated representatives: Scott Brodhun and Amy Reeve. Unrepresented employee: City
41 Manager.
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43 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
44 Agency designated representatives: Scott Brodhun and Amy Reeve. Employee organization: Peace
45 Officers Association of Petaluma, Unit 6.
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47
Vol. 50, Page 12
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January 28, 2019
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Barrett opened Public Comment on CLOSED SESSION items.
Seeing no persons wishing to speak, Mayor Barrett closed Public Comment on CLOSED SESSION
items.
ADJOURN TO CLOSED SESSION
MONDAY, JANUARY 28, 2019
EVENING SESSION — 6:45 P.M.
CALL TO ORDER
A. ROLL CALL
Present: Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
Kevin McDonnell; Kathy Miller
Absent: None
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Barrett announced that Item 4.13 had been removed from the agenda and rescheduled
for the Monday, February 4, 2019 Regular City Council/PCDSA Meeting.
PRESENTATION
• 2018 CAFR Presentation. (Garberolio)
Finance Director Corey Garberolio
Council Member Kearney
Interim City Manager Scott Brodhun
Katherine Yuen, Maze & Associates
Mayor Barrett
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
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January 28, 2019
Vol. 50, Page 13
GENERAL PUBLIC COMMENT
Mayor Barrett opened GENERAL PUBLIC COMMENT.
Sheila Baker, Petaluma, spoke about the future of Maria Drive and spoke in opposition to large
tanker trucks traveling on that street.
Peg Saragina, Petaluma, spoke in opposition to the public art installation, "A Fine Balance."
Peter Tscherneff, Petaluma, spoke on various police -related topics.
Katherine Bobrowski, Littlewoods Mobile Home Villa, Petaluma, spoke of problems at the mobile
home park where she lives.
Dale Axelrod, Petaluma, read a letter to artist Brian Goggins and the Public Art Committee
suggesting a change of location for the installation of "A Fine Balance."
Duane Bellinger, Petaluma, spoke about sea level rise.
Tony Geraldi, Miss Sonoma County Scholarship Program, invited Council to attend the 73rd
Annual Miss Sonoma County Scholarship Program Competition, to be held at the Spreckels
Performing Arts Center in Rohnert Park on Saturday, March 2, 2019 at 7:00 p.m.
Pinkeo Phongsa, Miss Sonoma County's Outstanding Teen 2018, thanked Council for their
support and described her busy year as Miss Sonoma County's Outstanding Teen 2018.
Tyler -Avery Lewis, Miss Sonoma County 2018, told Council she was grateful for every opportunity
she has had to better herself and this county during her year as Miss Sonoma County 2018.
Seeing no other persons wishing to speak, Mayor Barrett closed GENERAL PUBLIC COMMENT.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, June 18,
2018.
Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
.December 3, 2018.
C. Approval of Minutes of Special City Council/PCDSA Meeting of Saturday,
December 15, 2018.
D. Approval of Minutes of Special City Council/PCDSA Meeting of Sunday,
December 16, 2018.
Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
December 17, 2018.
49 A. The Minutes of Regular City Council/PCDSA Meeting of Monday, June 18, 2018; C. The
50 Minutes of Special City Council/PCDSA Meeting of Saturday, December 15, 2018; D.
51 The Minutes of Special City Council/PCDSA Meeting of Sunday, December 16, 2018; and,
52 E. The Minutes of Regular City Council/PCDSA Meeting of Monday, December 17, 2018
Vol. 50, Page 14
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January 28, 2019
were approved as submitted. B. The Minutes of Regular City Council/PCDSA Meeting of
Monday, December 3, 2018 were approved as corrected to show vote on Item 2.A
(Tentative Agenda for December 17, 2018 City Council Meeting) as 6/0 with Mayor Glass
absent.)
APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday,
February 4, 2019.
Mayor Barrett
Vice Mayor McDonnell
Council Member Fischer
Mayor Barrett
Council Member Healy
Mayor Barrett
Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
February 4, 2019, as amended to add 1) Discussion and Direction Regarding
Scheduling a Workshop on the CASA Compact, and 2) Discussion and Direction
Regarding Scheduling a Workshop and Presentation by North Bay Jobs with
Justice who are Promoting a Regional Campaign to Increase the Minimum
Wage.
Motion by Kathy Miller, seconded by Gabe Kearney.
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D' Lynda Fischer, Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
CONSENT CALENDAR
A. Resolution Authorizing Execution of a Surrendered and Abandoned Vessel
Exchange Grant Application for $20,000 for the Petaluma Marina and Designating
the City Manager as the Authorized Agent to Execute All Documents Necessary
to Accept Grant Funding on Behalf of the City of Petaluma. (St. John)
B. Resolution Authorizing a Professional Services Agreement with Woodward and
Curran for Regulatory Assistance with Water Quality Studies for Outfall Relocation
for the Ellis Creek Water Recycling Facility. (St. John/Walker)
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January 28, 2019
Vol. 50, Page 15
C. Resolution Authorizing the Award of Contract for the Traffic Signal Video Detection
Replacement Portion of Project C16101823, Pavement Restoration, to DC Electric
Group, Inc. (St. John/Stutsman)
A. Resolution 2019-010 N.C.S. Authorizing Execution of a Surrendered and Abandoned
Vessel Exchange Grant Application for $20,000 for the Petaluma Marina and Designating
the City Manager as the Authorized Agent to Execute All Documents Necessary to
Accept Grant Funding on Behalf of the City of Petaluma; B. Resolution 2019-011 N.C.S
Authorizing a Professional Services Agreement with Woodward and Curran for Regulatory
Assistance with Water Quality Studies for Ouff all Relocation for the Ellis Creek Water
Recycling Facility; and, C. Resolution 2019-012 N.C.S Authorizing the Award of Contract
for the Traffic Signal Video Detection Replacement Portion of Project C16101823,
Pavement Restoration, to DC Electric Group, Inc.
Motion by Kathy Miller, seconded by Mike Healy.
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D' Lynda Fischer, Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
NEW BUSINESS
A. Resolution Appointing Peggy Flynn to the Position of Petaluma City Manager and
Approving the Agreement for At -Will Employment of City Manager, Including
Annual Salary and Benefits to be Effective February 25, 2019. (Reeve)
Human Resources Director Amy Reeve
Mayor Barrett
Mayor Barrett opened Public Comment on Item 4.A.
Seeing no persons wishing to speak, Mayor Barrett closed Public Comment on
Item 4.A.
Motion: Approve A. Resolution 2019-013 N.C.S. Appointing Peggy Flynn to the
Position of Petaluma City Manager and Approving the Agreement for At -Will
Employment of City Manager, Including Annual Salary and Benefits to be
Effective February 25, 2019.
Motion by Gabe Kearney, seconded by Dave King.
Vote: Motion carried 7-0
Yes: Teresa Barrett; D' Lynda Fischer, Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No: None
Abstain: None
Vol. 50, Page 16
Absent: None
January 28, 2019
3 B. Resolution Appointing individuals to City GRd City -Related Boards G
4 CommGoci^n. (G^^nor This item was removed from the agenda
5 and rescheduled for the Monday, February 4, 2019 Regular City Council/PCDSA
6 Meeting.
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8 C. Resolution Recommending Appointments to the Mayors' & Councilmembers'
9 Association to Fill Vacancies on the Bay Area Air Quality Management District,
10 Golden Gate Bridge, Highway & Transportation District, Metropolitan
11 Transportation Commission, Remote Access Network (RAN) Board, ABAG
12 Regional Planning Committee, North Bay Division, League of California Cities,
13 Sonoma County Agricultural Preservation & Open Space District Citizens Advisory
14 Committee, and SMART/SCTA Board. (Brodhun)
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16 Mayor Barrett
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18 Mayor Barrett opened Public Comment on Item 4.C.
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20 Council Member Healy
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22 Chris Rogers, Vice Mayor, City of Santa Rosa, asked Council for their support of
23 his appointment to the SMART/SCTA Board.
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25 Melanie Bagby, Mayor, Cloverdale, asked Council for their support of her
26 appointment to the SMART/SCTA Board.
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28 Seeing no other persons wishing to speak, Mayor Barrett closed Public
29 Comment on Item 4.C.
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31 Motion: Approve C. Resolution 2019-14A N.C.S. Recommending Appointments to
32 the Mayors' & Councilmembers' Association to Fill Vacancies on the Bay Area Air
33 Quality Management District (Teresa Barrett, Petaluma), Golden Gate Bridge,
34 Highway & Transportation District (Gina Belaforte, Rohnert Park), Metropolitan
35 Transportation Commission (Jake Mackenzie, Rohnert Park), Remote Access
36 Network (RAN) Board (Gina Belaforte, Rohnert Park), ABAG Regional Planning
37 Committee (Julie Combs, Santa Rosa), North Bay Division, League of California
38 Cities (John Sawyer, Santa Rosa), and Sonoma County Agricultural Preservation &
39 Open Space District Citizens Advisory Committee (Leah Gold, Healdsburg and
40 Neysa Hinton, Sebastopol).
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42 Motion by Mike Healy, seconded by D'Lynda Fischer.
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44 Vote: Motion carried 7-0
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46 Yes: Teresa Barrett; D' Lynda Fischer, Mike Healy; Gabe Kearney;
47 Dave King; Kevin McDonnell; Kathy Miller
48 No: None
49 Abstain: None
50 Absent: None
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52 Mayor Barrett
January 28, 2019
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Vol. 50, Page 17
2 Council Member Healy
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4 Mayor Barrett
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6 Council Member Kearney
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8 Motion: Approve C. Resolution 2019-14B N.C.S. Recommending Appointments to
9 the Mayors' & Councilmembers' Association to Fill Vacancies on the SMART/SCTA
10 Board (Melanie Bagby, Cloverdale).
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12 Motion by Gabe Kearney, seconded by Mike Healy.
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14 Vote: Motion carried 7-0
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16 Yes: Teresa Barrett; D'Lynda Fischer, Mike Healy; Gabe Kearney;
17 Dave King; Kevin McDonnell; Kathy Miller
18 No: None
19 Abstain: None
20 Absent: None
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22 Motion: Approve C. Resolution 2019-14C N.C.S. Recommending Appointments to
23 the Mayors' & Councilmembers' Association to Fill Vacancies on the SMART/SCTA
24 Board (Joe Naujokas, Healdsburg).
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26 Motion by Kathy Miller, seconded by D'Lynda Fischer.
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28 Vote: Motion carried 4-3
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30 Yes: D'Lynda Fischer, Dave King; Kevin McDonnell; Kathy Miller
31 No: Teresa Barrett; Mike Healy; Gabe Kearney
32 Abstain: None
33 Absent: None
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35 5. PUBLIC HEARING
37 A. Public Hearing to Cure or Correct Alleged Violations of the Brown Act at the City
38 Council Appeal Hearing on December 3, 2018 in Response to January 2, 2019
39 Demand of Safeway Regarding the Planning Commission's Approval of the
40 Mitigated Negative Declaration ("MND") and Site Plan and Architectural Review
41 ("SPAR") for the Safeway Fuel Center Project - City Council Consideration and
42 Possible Adoption of One of Two Offered Resolutions: 1) A Resolution Rescinding
43 and Replacing Resolution No. 2018-180 Adopted December 3, 2018 Upholding
44 the Appeal Filed by JoAnn McEachin as to the MND Approved by the Planning
45 Commission on June 26, 2018, Ordering the Preparation of an Environmental
46 Impact Report ("Ell?") and Staying the Planning Commission's Approval of SPAR
47 Pending Certification of the EIR and City Council Review of the SPAR Concerning
48 the Safeway Fuel Center Project at 335 South McDowell Boulevard; or 2) A
49 Resolution Rescinding and Replacing Resolution No. 2018-180 Adopted
50 December 3, 2018 Denying the Appeal Filed by JoAnn McEachin of the Planning
51 Commission's Approval of the MND and SPAR on June 26, 2018, and Affirming the
Vol. 50, Page 18
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January 28, 2019
Planning Commission's Approval of the MND and SPAR for the Safeway Fuel
Center Project at 335 South McDowell Boulevard. (Hines)
Council Member Kearney announced that on the advice of City Attorney
Danly he would recuse himself on the item due to suggestions by Safeway that he
may be biased regarding the project.
Council Member Miller announced that on the advice of City Attorney Danly she
would also recuse herself on the item due to suggestions by Safeway that she
may be biased regarding the project.
Mayor Barrett
Olivia Ervin, Contract Principal/Environmental Planner
Mayor Barrett
Council Member Fischer
Ms. Ervin
Council Member Fischer
Ms. Ervin
Council Member Healy
Ms. Ervin
Mayor Barrett
Ms. Ervin
Mayor Barrett
Ms. Ervin
Mayor Barrett
Ms. Ervin
City Attorney Danly
Mayor Barrett
City Attorney Danly
Ms. Ervin
Mayor Barrett
City Attorney Danly
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January 28, 2019
Vol. 50, Page 19
Patrick Soluri, Soluri Meserve, Sacramento, legal counsel for JoAnn McEachin,
appellant
Matt Francois, Rutan & Tucker, LLP, Palo Alto, legal counsel for Safeway, Inc.
Mr. Soluri
Council Member King
City Attorney Danly
Council Member Healy
City Attorney Danly
Contract Planning Manager Heather Hines
City Attorney Danly
Council Member Healy
Ms. Hines
Mayor Barrett opened the PUBLIC HEARING on Item S.A.
Peter Tscherneff, Petaluma, spoke regarding attorneys.
Bob Kasoff, Petaluma, spoke in support of the Safeway Fuel Center.
Nick Carter, Fulcrum Property Corporation, spoke in support of the Safeway Fuel
Center.
Robert Doane, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel
Center.
Horst Steinfels, Petaluma, spoke in opposition to the Safeway Fuel Center,
Moira Sullivan, Petaluma, spoke in opposition to the Safeway Fuel Center.
Steve Martin, Retired Retail Clerk and President, Cruising North Car Club, spoke in
support of the Safeway Fuel Center.
Richard Sachen, Petaluma, Sierra Club, spoke in opposition to the Safeway Fuel
Center.
Chris Marsh, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel
Center.
Genie Praetzel, McDowell Elementary, Petaluma, spoke in opposition to the
Safeway Fuel Center.
Vol. 50, Page 20 January 28, 2019
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Oliver Steinfels, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel
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Center.
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Cindy Ingram, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel
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Center.
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Shane Reed, Petaluma, spoke in opposition to the Safeway Fuel Center.
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Mark Schumacher, Albertsons/Safeway, Boise, Idaho spoke in support of the
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Safeway Fuel Center.
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Kerstin Bandner, Petaluma, spoke in opposition to the Safeway Fuel Center.
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Duane Bellinger, Petaluma, spoke in opposition to the Safeway Fuel Center.
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Janice Cader-Thompson, Petaluma, spoke in support of the Safeway Fuel Center.
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JoAnn McEachin, "No Gas Here," Petaluma, spoke in opposition to the Safeway
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Fuel Center.
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Robert Conklin, Petaluma, spoke in opposition to the Safeway Fuel Center.
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Bernie Album, Petaluma, spoke in opposition to the Safeway Fuel Center.
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Seeing no other persons wishing to speak, Mayor Barrett closed the PUBLIC
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HEARING on Item S.A.
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Mr. Soluri
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Mr. Francois
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Mayor Barrett
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City Attorney Danly
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Mayor Barrett noted that Council had taken a 5 -minute break and that all
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members were once again present other than Council Members Kearney and
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Miller, who had recused themselves at the beginning of the item.
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Council Member King
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Ms. Hines
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Mayor Barrett
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Council Member King
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Andrew Kluter, PE, Senior Transportation Planner, CHS Consulting Group, San
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Francisco
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Council Member King
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January 28, 2019
Vol. 50, Page 21
Mr. Kluter
Council Member King
Mr. Kluter
Council Member King
Mr. Kluter
Council Member King
Mayor Barrett
Council Member Fischer
Natalie Maffei, Senior Real Estate Manager, Albertsons Companies, Pleasanton
Council Member Fischer
Ms. Maffei
Council Member Fischer
Ms. Mattel
Council Member Fischer
Mr. Francois
Council Member Fischer
Ms. Mattel
Council Member Fischer
Mr. Francois
Council Member Fischer
Ms. Mattel
Mayor Barrett
Ms. Maffei
Mayor Barrett
City Attorney Danly
Ms. Hines
Vol. 50, Page 22
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Mayor Barrett
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Ms. Hines
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Ms. Maffei
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Mayor Barrett
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Ms. Maffei
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Council Member Fischer
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Ms. Hines
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Council Member Fischer
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Ms. Maffei
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Ms. Hines
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Council Member Fischer
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Ms. Hines
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Council Member Healy
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Mayor Barrett
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Ms. Hines
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Ms. Mattel
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Mayor Barrett
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Ms. Mattel
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Mayor Barrett
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Ms. Maffei
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Mayor Barrett
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Ms. Mattel
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Mayor Barrett
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Ms. Maffei
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Council Member Fischer
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Ms. Maffei
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January 28, 2019
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January 28, 2019
Council Member Fischer
Ms. Mattel
Council Member Healy
Vice Mayor McDonnell
Ms. Mattel
Vice Mayor McDonnell
Ms. Mattel
Council Member Fischer
Mayor Barrett
Ms. Mattel
City Attorney Danly
Mayor Barrett
City Attorney Danly
Mayor Barrett
Ms. Maffei
City Attorney Danly
Mayor Barrett
Motion: Approve Continuing the meeting after 11:00 p.m., as required by
Council's Rules, Policies, and Procedures.
Motion by Dave King, seconded by Mike Healy.
Vote: Motion carried 5-0
Yes:
Teresa Barrett; D' Lynda Fischer, Mike Healy;
Dave King; Kevin McDonnell
No:
None
Abstain:
Gabe Kearney; Kathy Miller
Absent:
None
City Attorney Danly
Mayor Barrett
Ms. Maffei
Vol. 50, Page 23
Vol. 50, Page 24
January 28, 2019
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Vice Mayor McDonnell
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Ms. Maffei
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Mayor Barrett
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Ms. Mattel
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Council Member Healy
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Mayor Barrett
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Council Member Healy
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Mayor Barrett
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Council Member King
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Mayor Barrett
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City Attorney Danly
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Mayor Barrett
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City Attorney Danly
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Mayor Barrett
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Council Member Fischer
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Council Member Healy
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City Attorney Danly
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Ms. Maffei
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Council Member Healy
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Ms. Maffei
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Council Member Healy
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Vice Mayor McDonnell
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Ms. Hines
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Ms. Mattel
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Mr. Francois
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Mayor Barrett
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January 28, 2019
City Attorney Danly
Council Member Fischer
Council Member King
Vice Mayor McDonnell
City Attorney Danly
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
Council Member Healy
Council Member Fischer
Mr. Soluri
Mayor Barrett
Council Member Fischer
Mr. Soluri
Mayor Barrett
Vol. 50, Page 25
Motion: Approve A. Resolution 2019-015 N.C.S. Rescinding and Replacing
Resolution No. 2018-180 N.C.S. 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. 2018-21 A, 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 B 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 El and City Council Review of the Project Site
Plan and Architectural Review Approval.
Motion by Mike Healy, seconded by Teresa Barrett.
Council Member Healy stated that should the motion pass, he would, in
accordance with Council's Rules, Policies, and Procedures, notify the Council of
his intention to make a motion for reconsideration, not at this time, at the next
Regular City Council/PCDSA Meeting, which will take place on Monday, February
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January 28, 2019
4, 2019. He added that Council would be asking both sides to submit
supplemental briefing only on the issue of if the McCorkle case actually controls
this situation.
Vote: Motion carried 4-1
Yes:
No:
Abstain:
Absent:
COUNCIL COMMENT
Council Member King
Council Member Fischer
Council Member King
Council Member Healy
Vice Mayor McDonnell
Mayor Barrett
CITY MANAGER COMMENT
Interim City Manager Brodhun
ADJOURN
Teresa Barrett; Mike Healy; Dave King; Kevin McDonnell
D'Lynda Fischer
Gabe Kearney; Kathy Miller
None
The meeting was adjourned at 12:00 Midnight.
ATTEST:
Claire Cooper, CMC, City Clerk
Teresa Barrett, Mayor