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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 zs5$ 1 City Council/PCDSA Minutes 2 Monday, January 28, 2019 3 Regular Meeting 4 5 6 MONDAY, JANUARY 28, 2019 7 CLOSED SESSION — 6:00 P.M. Vol. 50, Page 1 1 9 CALL TO ORDER 10 11 A. ROLL CALL 12 13 Present: Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney; Dave King; 14 Kevin McDonnell; Kathy Miller 15 Absent: None 16 17 CLOSED SESSION 18 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. 21 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. 24 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. 35 36 PUBLIC EMPLOYEE APPOINTMENT: Pursuant to California Government Code Section 54957. Title: City 37 Manager. 38 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. 42 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. 46 47 Vol. 50, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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. 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 6 3. 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 4 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. 7 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) 15 16 Mayor Barrett 17 18 Mayor Barrett opened Public Comment on Item 4.C. 19 20 Council Member Healy 21 22 Chris Rogers, Vice Mayor, City of Santa Rosa, asked Council for their support of 23 his appointment to the SMART/SCTA Board. 24 25 Melanie Bagby, Mayor, Cloverdale, asked Council for their support of her 26 appointment to the SMART/SCTA Board. 27 28 Seeing no other persons wishing to speak, Mayor Barrett closed Public 29 Comment on Item 4.C. 30 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). 41 42 Motion by Mike Healy, seconded by D'Lynda Fischer. 43 44 Vote: Motion carried 7-0 45 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 51 52 Mayor Barrett January 28, 2019 1 Vol. 50, Page 17 2 Council Member Healy 3 4 Mayor Barrett 5 6 Council Member Kearney 7 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). 11 12 Motion by Gabe Kearney, seconded by Mike Healy. 13 14 Vote: Motion carried 7-0 15 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 21 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). 25 26 Motion by Kathy Miller, seconded by D'Lynda Fischer. 27 28 Vote: Motion carried 4-3 29 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 34 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 1 Oliver Steinfels, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel 2 Center. 3 4 Cindy Ingram, "No Gas Here," Petaluma, spoke in opposition to the Safeway Fuel 5 Center. 6 7 Shane Reed, Petaluma, spoke in opposition to the Safeway Fuel Center. 8 9 Mark Schumacher, Albertsons/Safeway, Boise, Idaho spoke in support of the 10 Safeway Fuel Center. 11 12 Kerstin Bandner, Petaluma, spoke in opposition to the Safeway Fuel Center. 13 14 Duane Bellinger, Petaluma, spoke in opposition to the Safeway Fuel Center. 15 16 Janice Cader-Thompson, Petaluma, spoke in support of the Safeway Fuel Center. 17 18 JoAnn McEachin, "No Gas Here," Petaluma, spoke in opposition to the Safeway 19 Fuel Center. 20 21 Robert Conklin, Petaluma, spoke in opposition to the Safeway Fuel Center. 22 23 Bernie Album, Petaluma, spoke in opposition to the Safeway Fuel Center. 24 25 Seeing no other persons wishing to speak, Mayor Barrett closed the PUBLIC 26 HEARING on Item S.A. 27 28 Mr. Soluri 29 30 Mr. Francois 31 32 Mayor Barrett 33 34 City Attorney Danly 35 36 Mayor Barrett noted that Council had taken a 5 -minute break and that all 37 members were once again present other than Council Members Kearney and 38 Miller, who had recused themselves at the beginning of the item. 39 40 Council Member King 41 42 Ms. Hines 43 44 Mayor Barrett 45 46 Council Member King 47 48 Andrew Kluter, PE, Senior Transportation Planner, CHS Consulting Group, San 49 Francisco 50 51 Council Member King 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 1 Mayor Barrett 2 3 Ms. Hines 4 5 Ms. Maffei 6 7 Mayor Barrett 8 9 Ms. Maffei 10 11 Council Member Fischer 12 13 Ms. Hines 14 15 Council Member Fischer 16 17 Ms. Maffei 18 19 Ms. Hines 20 21 Council Member Fischer 22 23 Ms. Hines 24 25 Council Member Healy 26 27 Mayor Barrett 28 29 Ms. Hines 30 31 Ms. Mattel 32 33 Mayor Barrett 34 35 Ms. Mattel 36 37 Mayor Barrett 38 39 Ms. Maffei 40 41 Mayor Barrett 42 43 Ms. Mattel 44 45 Mayor Barrett 46 47 Ms. Maffei 48 49 Council Member Fischer 50 51 Ms. Maffei 52 January 28, 2019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 1 2 Vice Mayor McDonnell 3 4 Ms. Maffei 5 6 Mayor Barrett 7 8 Ms. Mattel 9 10 Council Member Healy 11 12 Mayor Barrett 13 14 Council Member Healy 15 16 Mayor Barrett 17 18 Council Member King 19 20 Mayor Barrett 21 22 City Attorney Danly 23 24 Mayor Barrett 25 26 City Attorney Danly 27 28 Mayor Barrett 29 30 Council Member Fischer 31 32 Council Member Healy 33 34 City Attorney Danly 35 36 Ms. Maffei 37 38 Council Member Healy 39 40 Ms. Maffei 41 42 Council Member Healy 43 44 Vice Mayor McDonnell 45 46 Ms. Hines 47 48 Ms. Mattel 49 50 Mr. Francois 51 52 Mayor Barrett 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 Vol. 50, Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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