HomeMy WebLinkAboutStaff Report 1.A 08/05/2019Agenda Item # LA
L U City of Petaluma, California
i MEETING OF THE PETALUMA CITY COUNCIL/PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY/PETALUMA PUBLIC FINANCING
r$5s 3 AUTHORITY/PETALUMA PUBLIC FINANCING CORPORATION
4 Draft City Council/PCDSA/PPFA/PPFC Minutes
5 Monday, April 1, 2019
6 Regular Meeting
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10 MONDAY, APRIL 1, 2019
11 CLOSED SESSION — 5:45 P.M.
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14 CALL TO ORDER - CLOSED SESSION - 5:45 P.M.
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16 A. ROLL CALL
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18 Present: Teresa Barrett; D'Lynda Fischer; Mike Healy; Dave King; Kevin McDonnell;
19 Absent: Gabe Kearney; Kathy Miller
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21 CLOSED SESSION
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23 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
24 pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
25 circumstances based on which the City Council on the advice of the City Attorney has concluded
26 there is significant exposure to litigation against the City based on public comments made by legal
27 counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
28 54956.9(e) (4), correspondence to the City from Safeway legal counsel dated December 1 and 2, 2018,
29 demand to cure or correct correspondence submitted to the City by legal counsel for Safeway dated
30 January 2, 2019, and the draft petition for writ of mandate Safeway legal counsel forwarded to the City
31 Attorney on March 1, 2019, subject to Section 54956.9(e)(3). The correspondence from Safeway legal
32 counsel, including the cure or correct correspondence and draft petition, is available for public
33 inspection in the Office of the City Clerk in accordance with Section 54957.5. - Start time for CLOSED
34 SESSION changed with Agenda Revision No. 1 - Thursday, March 28, 2019.
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36 PUBLIC COMMENT ON CLOSED SESSION ITEMS
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38 Mayor Barrett opened Public Comment on CLOSED SESSION items.
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40 Rebecca Carpenter, Petaluma, in opposition to the Safeway Fuel Center project.
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42 Pete Gang, Petaluma, in opposition to the Safeway Fuel Center project.
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44 Madeline Ruddell, Petaluma, in opposition to the Safeway Fuel Center project.
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46 Mayor Barrett
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Ms. Ruddell
April 1, 2019
Bernie Album, Petaluma, in opposition to the Safeway Fuel Center project.
Natalie Mattei, Safeway, in favor of the Safeway Fuel Center project.
Chris Marsh, Petaluma, read letter from Richard Sachen, on behalf of the Sierra Club, in
opposition to the Safeway Fuel Center project.
Seeing no other persons wishing to speak, Mayor Barrett closed Public Comment on CLOSED
SESSION items.
ADJOURN TO CLOSED SESSION
EVENING SESSION — 6:45 P.M.
CALL TO ORDER - EVENING SESSION - 6:45 P.M.
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
Mayor Barrett asked that the meeting be adjourned in memory of the founder of the local
farmer's market Judith J. Collins.
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Barrett announced that Item 4.A would be moved to the end of the agenda.
Council Member Kearney requested that COUNCIL COMMENT be moved to before Item 4.A.
PROCLAMATIONS
• Sexual Assault Awareness Month - April 2019
Caitlin Quinn, Communications Coordinator, Verity, Santa Rosa
Mayor Barrett
• Week of the Young Child - April 8-12, 2019
Mayor Barrett
Renee Whitlock-Hemsouvanh, Co -Chair, Sonoma County Child Care Planning Council
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April 1, 2019
• National Library Week - April 7-13, 2019
Mayor Barrett
Paul Heavenridge
Joe Cochrane, Petaluma Branch Manager, Sonoma County Library
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
GENERAL PUBLIC COMMENT
Mayor Barrett opened GENERAL PUBLIC COMMENT.
Vol. XX, Page 3
Katherine Bobrowski, Littlewoods Mobile Home Villa, Petaluma, spoke of problems at the mobile
home park where she lives.
Zen Destiny, Petaluma, spoke on a variety of political topics.
Paul McGavin, My Street, My Choice, Petaluma, spoke about small cell regulations in conflict
with local regulations and encouraged Council to defend our local ordinance.
Harry Lehmann, Novato, also spoke about 4G/5G FCC Rules 18-133 regarding small cell
regulations.
Anthony Tusler, Sonoma County Visitability, Penngrove, spoke about accessible housing to
include one level entrance, a wide doorway, and at least 1/2 bath downstairs.
Lucia Garay, Casa Grande, Petaluma, presented the Climate Action Proposal and would like it
added to Council's goal setting agenda.
Mayor Barrett
Peter Tscherneff, Petaluma, spoke on a variety of topics.
Chris Marsh, Petaluma Health Care District, spoke about Petaluma Walking Day.
Stan Kosloski, Visitablity Project, Petaluma, spoke about the concept of Visitability for disabled
people in navigating homes.
Lendri Purcell, FACTS, Petaluma, spoke about April 1 st Wired Magazine article about 5.G and
potential health hazards of radiation.
Seeing no other persons wishing to speak, Mayor Barrett closed GENERAL PUBLIC COMMENT.
1. APPROVAL OF MINUTES
None.
Vol. XX, Page 4
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2.
3.
APPROVAL OF PROPOSED AGENDA
April 1, 2019
A. Approval of Agenda for Special City Council/PCDSA Meeting of Monday, April 8,
2019.
B. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, April
15, 2019.
Motion: Approve A. Agenda for Special City Council/PCDSA Meeting of Monday, April 8,
2019; and, B. Agenda for Regular City Council/PCDSA Meeting of Monday, April 15, 2019,
as presented. Council Member Kearney stated he will attend the April 8, 2019 meeting
via teleconference.
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
CONSENT CALENDAR
A. Resolution Accepting Claims and Bills for February 2019. (Garberolio)
B. Petaluma Public Financing Corporation Status Report and Audited Financials for
Fiscal Year 2017-18. (Garberolio)
C. Petaluma Public Financing Authority Status Report and Audited Financials for
Fiscal Year 2017-18. (Garberolio)
D. Resolution to Receive and File the City Treasurer's Quarterly Report Dated
December 31, 2018. (Garberolio)
E. Resolution Authorizing the City Manager to Enter into a Professional Services
Agreement with Badawi & Associates to Provide Audit Services to the City for the
Fiscal Year Ending June 30, 2019 with Two Potential One -Year Renewals.
(Garberolio)
F. Resolution Authorizing Program Administration Fees for the Mobile Home Park
Space Rent Stabilization Program for 2019. (Castellucci)
G. Resolution to Enter Into an Agreement Between the City of Petaluma and the
Sonoma County Community Development Commission to Administer the Mobile
Home Rent Stabilization Ordinance and Authorizing the City Manager to Execute
all Necessary Documents. (Castellucci)
H. Accept the Housing Element Annual Progress Report for 2018 Calendar Year and
Direct Staff to Submit the Report to the State of California Department of Housing
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April 1, 2019
Vol. XX, Page 5
and Community Development and the State Office of Planning and Research.
(Castellucci)
Motion: Approve CONSENT CALENDAR Items 3.B. Petaluma Public Financing Corporation
Status Report and Audited Financials for Fiscal Year 2017-18; C. Petaluma Public
Financing Authority Status Report and Audited Financials for Fiscal Year 2017-18;
D. Resolution 2019-036 N.C.S. to Receive and File the City Treasurer's Quarterly Report
Dated December 31, 2018, E. Resolution 2019-037 N.C.S. Authorizing the City
Manager to Enter into a Professional Services Agreement with Badawi &
Associates to Provide Audit Services to the City for the Fiscal Year Ending June 30,
2019 with Two Potential One -Year Renewals; F. Resolution 2019-038 N.C.S. Authorizing
Program Administration Fees for the Mobile Home Park Space Rent Stabilization
Program for 2019; and, G. Resolution 2019-039 N.C.S. to Enter Into an Agreement
Between the City of Petaluma and the Sonoma County Community Development
Commission to Administer the Mobile Home Rent Stabilization
Ordinance and Authorizing the City Manager to Execute all Necessary Documents.
Motion by Teresa Barrett, 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
Public Comment on Items 3.A and 3.H
Mayor Barrett opened Public Comment on Items 3.A and 3.H.
Zen Destiny, Sebastopol, spoke on Items 3.A and 3.H.
Peter Tscherneff, Petaluma spoke on Item 3.H.
Seeing no other persons wishing to speak, Mayor Barrett closed Public Comment on Items
3.A and 3.H.
Vice Mayor McDonnell
Council Member Fischer
Planning Manager Heather Hines, M -Group
Council Member Healy
Housing Administrator Sue Castellucci
Council Member Healy
Motion: Approve A. Resolution 2019-040 N.C.S. Accepting Claims and Bills for February
2019; and, H. Accept the Housing Element Annual Progress Report for 2018 Calendar
Vol. XX, Page 6
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5.
April 1, 2019
Year and Direct Staff to Submit the Report to the State of California
Department of Housing and Community Development and the State
Office of Planning and Research.
Motion by Mike Healy, 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
NEW BUSINESS
A. Resolution Recommending Appointments to the Mayors' & Councilmembers'
Association to Fill Vacancies on the Airport Land Use Commission, Local Agency
Formation Commission, Metropolitan Transportation Commission, ABAG MTC
CASA Legislative Task Force, ABAG Regional Planning Commission, and the North
Bay Division of the League of California Cities. (Flynn/Danly)
Mayor Barrett
Airport Land Commission (two positions/two applicants): There was Council
consensus to Recommend Appointment of Sam Salmon (Windsor) and Jack
Tibbetts (Santa Rosa). Resolution 2019-041 A N.C.S.
Local Agency Formation Commission (one position/one applicant): There was
Council consensus to Recommend Appointment of Mark Landman (Cotati).
Resolution 2019-041 A N.C.S.
Council Member Healy
Council Member Kearney
Motion: Approve Resolution 2019-041 A N.C.S. Recommending Appointment of
Jack Mackenzie (Rohnert Park) to the Metropolitan Transportation Commission.
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
Absent:
None
ABAG MTC CASA Legislative Task Force (two positions/three applicants)
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April 1, 2019
Motion: Recommend Appointment of Julie Combs (Santa Rosa) and Amy
Herrington (Sonoma) to the ABAG MTC CASA Legislative Task Force.
Motion by Gabe Kearney, seconded by Kathy Miller.
Council Member Healy
City Attorney Danly
Vol. XX, Page 7
Council Member Kearney withdrew the motion pending City Attorney Danly's
determination of Julie Combs's eligibility to serve on the ABAG MTC CASA
Legislative Task Force.
ABAG Regional Planning Committee (one position/two applicants)
Motion: Approve Resolution 2019-041 B N.C.S. Recommending Appointment of
Julie Combs (Santa Rosa) to the ABAG Regional Planning Committee.
Motion by Kevin McDonnell, seconded by D'Lynda Fischer.
Vote: Motion carried 6-1
Yes: Teresa Barrett; D'Lynda Fischer; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No: Mike Healy
Abstain: None
Absent: None
North Bay Division, League of California Cities, Executive Board (one position/one
application): There was Council consensus to Recommend Appointment of
Rachel Hundley (Sonoma).
Item S.A was then suspended pending City Attorney Danly's determination of
Julie Combs's eligibility to serve on the ABAG MTC CASA Legislative Task Force.
Selection of Proposed Appointees to Measure M Citizens Oversight
Committee. (Flynn/Danly)
Mayor Barrett
City Attorney Danly
City Manager Flynn
Council Member Healy
Mayor Barrett
Council Member Fischer
Council Member King
Vol. XX, Page 8
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C
April 1, 2019
Vice Mayor McDonnell
City Attorney Danly
Mayor Barrett
City Attorney Danly
Mayor Barrett
Council Member Miller
Motion: Approve Recommending Appointment of Carol Eber and Beverly Schor
to the Measure M Citizens Oversight Committee.
Motion by Mike Healy, seconded by D'Lynda Fischer.
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
Resolution Authorizing Award of Contract for the FY 18/19 Pavement Restoration
Project to Team Ghilotti. (St. John/Stutsman)
Assistant Director of Public Works and Utilities Jason Beatty
Mayor Barrett opened Public Comment on Item 5.C.
Peter Tscherneff, Petaluma, spoke on Item 5.C.
Zen Destiny, Sebastopol, spoke on Item 5.C.
Seeing no other persons wishing to speak, Mayor Barrett closed Public
Comment on Item 5.C.
Motion: Approve C. Resolution 2019-042 N.C.S. Authorizing Award of Contract for
the FY 18/19 Pavement Restoration Project to Team Ghilotti.
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
Absent:
None
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April 1, 2019
At this time Council returned to Item 5.A:
Vol. XX, Page 9
A. Resolution Recommending Appointments to the Mayors' & Councilmembers'
Association to Fill Vacancies on the Airport Land Use Commission, Local Agency
Formation Commission, Metropolitan Transportation Commission, ABAG MTC
CASA Legislative Task Force, ABAG Regional Planning Commission, and the North
Bay Division of the League of California Cities. (Flynn/Danly), continued
Mayor Barrett
City Attorney Danly announced that Julie Combs (Santa Rosa) would not be
prohibited from serving on the ABAG MTC CASA Legislative Task Force.
Motion: Approve Resolution 2019-041C N.C.S. Recommending Appointment of
Julie Combs (Santa Rosa) and Amy Herrington (Sonoma) to the ABAG MTC CASA
Legislative Task Force.
Motion by Gabe Kearney, seconded by Kevin McDonnell.
D. Resolution Authorizing Award of Contract for the 18/19 Bikeway Striping
Project to Bayside Stripe and Seal, Inc. (St. John/Stutsman)
Assistant Director of Public Works and Utilities Jason Beatty
Mayor Barrett opened Public Comment on Item 5.D.
Sheila Baker, Petaluma, avid cyclist, does not approve of the project and cited
several sources regarding the dangers of sharrows.
Amber Szobaszlai, Petaluma, avid cyclist, is not in favor of the sharrows.
Seeing no other persons wishing to speak, Mayor Barrett closed Public
Comment on Item 5.D.
Vice Mayor McDonnell
Mr. Beatty
Vice Mayor McDonnell
Council Member Fischer
Mr. Beatty
Council Member Fischer
Mr. Beatty
Council Member Fischer
Council Member Healy
Vol. XX, Page 10
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April 1, 2019
Mr. Beatty
Council Member Healy
Mayor Barrett
Council Member Fischer
Vice Mayor McDonnell
Council Member Miller
Mr. Beatty
Motion: Approve D. Resolution 2019-043 N.C.S. Authorizing Award of Contract for
the 18/19 Bikeway Striping Project to Bayside Stripe and Seal, Inc.
Motion by Kathy Miller, 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
Absent:
None
Adoption of 180 -Day Wait Period Exception Resolution Required by
CalPERS for Appointment of Cynthia Kasten as the City's Interim Human Resources
Director. (Danly)
City Manager Flynn
Mayor Barrett opened Public Comment on Item 5.E.
Peter Tscherneff, Petaluma, spoke regarding Item 5.E.
Seeing no other persons wishing to speak, Mayor Barrett closed Public
Comment on Item 5.E.
Motion: Approve E. Resolution 2019-044 N.C.S. Adoption of 180 -Day Wait Period
Exception Resolution Required by CalPERS for Appointment of Cynthia Kasten as
the City's Interim Human Resources Director.
Motion by Gabe Kearney, seconded by D'Lynda Fischer.
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
April 1, 2019
1 Absent: None
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3 COUNCIL COMMENT
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5 Council Member Miller
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9 Council Member Fischer
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Council Member Healy
Council Member Kearney
Vice Mayor McDonnell
Mayor Barrett
19 CITY MANAGER COMMENT
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City Manager Flynn
4. UNFINISHED BUSINESS
Vol. XX, Page 1 1
A. Safeway Fuel Center Appeal. (Hines/Ervin/Danly) - Continued from the March 4,
2019 Regular City Council/PCDSA Meeting:
Reconsideration of Adoption of January 28, 2019 of City Council Resolution No.
2019-015 N.C.S. which Rescinded and Replaced Resolution No. 2018-180
Adopted December 3, 2018 concerning the Safeway Fuel Center Project Located
at 335 South McDowell Boulevard, Assessor's Parcel No. 007-820-046, File No.
PLAP 18-0001 - City Council Consideration and Possible Decision on whether
to: 1) Adopt the Attached Resolution Rescinding and Replacing Resolution No.
2019-015 N.C.S. Adopted January 28, 2019 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, and
Staying the Planning Commission's Approval of Site Plan and Architectural
Review Pursuant to Resolution No. 2018-21 B Adopted June 26, 2018; or to 2) Adopt
the attached Resolution Rescinding and Replacing Resolution No. 2019-015
N.C.S. Adopted January 28, 2019 Denying the Appeal filed by JoAnn McEachin as
to the Mitigated Negative Declaration and Site Plan and Architectural Review
Approved by the Planning Commission Pursuant to Resolutions Nos. 2018-21A and
2018-21 B Adopted June 26, 2018, and Affirming the Planning Commission's
Approval of the Mitigated Negative Declaration and Site Plan and Architectural
Review for the Safeway Fuel Center. (Hines/Ervin/Danly) - This agenda item
moved to follow NEW BUSINESS and staff report made available with Agenda
Revision No.1 - Thursday, March 28, 2019.
Council Members Kearney and Miller recused themselves and left the dais.
City Attorney Danly
Vol. XX, Page 12 April 1, 2019
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Senior Environmental Planner Olivia Ervin
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City Attorney Danly
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Mayor Barrett opened Public Comment on Item 4.A.
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Yasha Talam, Petaluma, in opposition to the Safeway Fuel Center project.
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Patrick Soluri, counsel for appellant, in opposition to the Safeway Fuel project.
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Matt Francois, Rutan & Tucker, legal counsel for Safeway, in favor of the Fuel
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Center project.
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Tyler (last name not given), Democratic Socialists of America, Petaluma, in
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opposition to the Safeway Fuel Center project.
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Peter Tscherneff, Petaluma, spoke on Item 4.A.
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Kelly Spence, from Union UFCW 8, in support of the Safeway Fuel Center project.
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Genie Praetzel, Petaluma, in opposition to the Safeway Fuel Center project.
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Merlin (last name not given), Petaluma, in opposition to the Safeway Fuel Center
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project.
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Daniel Wonnacott, Petaluma, in opposition to the Safeway Fuel Center project.
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James Blaine, Petaluma, in opposition to the Safeway Fuel Center project.
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Zen Destiny, Sebastopol, spoke on Item 4.A.
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Genie Praetzel, continued (see previous summary).
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Jose Vergara, Petaluma, in opposition to the Safeway Fuel Center project.
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Maureen Maguire, Petaluma, in opposition to the Safeway Fuel Center project.
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Seeing no other persons wishing to speak, Mayor Barrett closed Public
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Comment on Item 4.A.
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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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Natalie Mattel
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Council Member Fischer
April 1, 2019
Ms. Maffei
Vol. XX, Page 13
Planning Manager Heather Hines, M -Group
Mayor Barrett
Andrew Kluter, PE, Senior Transportation Planner, CHS Consulting Group, San
Francisco
Council Member Fischer
Mr. Kluter
Council Member Fischer
Mr. Kluter
Ms. Maffei
Council Member Fischer
Council Member King
Ms. Hines
Council Member King
City Attorney Danly
Council Member King
Ms. Hines
Council Member King
City Attorney Danly
Council Member King
City Attorney Danly
Ms. Hines
Council Member King
Council Member Healy
Mayor Barrett
Council Member Healy
Vol. XX, Page 14
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April 1, 2019
City Attorney Danly
Motion: Approve A. Resolution 2019-045 N.C.S. Rescinding and Replacing
Resolution No. 2019-015 N.C.S. Adopted January 28, 2019, Denying the Appeal
Filed by Joann McEachin as to the Mitigated Negative Declaration and Site
Plan and Architectural Review Approved by the Planning Commission
Pursuant to Resolution Nos. 2018-21A and 2018-21 B Adopted June 26,
2018, and Affirming the Planning Commission's Approval of the Mitigated
Negative Declaration and Site Plan and Architectural Review for the Safeway Fuel
Center Project Located at 335 South McDowell Boulevard, Assessor's Parcel No.
007-820-046, File No. PLAP 18-0001, amended as follows: • Item 39 of the
Conditions of Approval to read: "39. Prior to the issuance of a building permit the
applicant shall submit evidence of a cross access agreement between the
project site and adjoining shopping center parcels 007-280-085 and 007-280-069."
• Item 47 of the Conditions of Approval to read: "47. All driveway approaches
shall meet the City's commercial approach standard and shall be designed and
constructed to meet accessibility requirements." • Item 57 of the Conditions of
Approval (requiring installation of pedestrian warning signage at the proposed
driveway entrances) is deleted. • Item 65 (now Item 64) of the Conditions of
Approval to read: "64. Alcohol sales are prohibited. This approval does not
authorize the sale of beer, wine, or other alcoholic beverages from the
convenience store."
Motion by Mike Healy, seconded by D'Lynda Fischer.
Vote: Motion carried 4-1
Yes: D'Lynda Fischer; Mike Healy; Dave King; Kevin McDonnell
No: Teresa Barrett
Abstain: Gabe Kearney; Kathy Miller
Absent: None
Council Member King
Council Member Fischer
Council Member Healy
Vice Mayor McDonnell
Mayor Barrett
The meeting was adjourned at 10:00 p.m. in memory of Judith J. Collins.
Teresa Barrett, Mayor
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ATTEST:
Claire Cooper, CMC, City Clerk
April 1, 2019
Vol. XX, Page 15