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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 7 8 9 10 MONDAY, APRIL 1, 2019 11 CLOSED SESSION — 5:45 P.M. 12 13 14 CALL TO ORDER - CLOSED SESSION - 5:45 P.M. 15 16 A. ROLL CALL 17 18 Present: Teresa Barrett; D'Lynda Fischer; Mike Healy; Dave King; Kevin McDonnell; 19 Absent: Gabe Kearney; Kathy Miller 20 21 CLOSED SESSION 22 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. 35 36 PUBLIC COMMENT ON CLOSED SESSION ITEMS 37 38 Mayor Barrett opened Public Comment on CLOSED SESSION items. 39 40 Rebecca Carpenter, Petaluma, in opposition to the Safeway Fuel Center project. 41 42 Pete Gang, Petaluma, in opposition to the Safeway Fuel Center project. 43 44 Madeline Ruddell, Petaluma, in opposition to the Safeway Fuel Center project. 45 46 Mayor Barrett 47 Vol. XX, Page 2 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 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 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 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 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 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 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 49 50 51 52 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 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 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) 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 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 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 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 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 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 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 11 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 2 3 COUNCIL COMMENT 4 5 Council Member Miller 6 7 Council Member King 8 9 Council Member Fischer 10 11 12 13 14 15 16 17 18 Council Member Healy Council Member Kearney Vice Mayor McDonnell Mayor Barrett 19 CITY MANAGER COMMENT 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 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 1 2 Senior Environmental Planner Olivia Ervin 3 4 City Attorney Danly 5 6 Mayor Barrett opened Public Comment on Item 4.A. 7 8 Yasha Talam, Petaluma, in opposition to the Safeway Fuel Center project. 9 10 Patrick Soluri, counsel for appellant, in opposition to the Safeway Fuel project. 11 12 Matt Francois, Rutan & Tucker, legal counsel for Safeway, in favor of the Fuel 13 Center project. 14 15 Tyler (last name not given), Democratic Socialists of America, Petaluma, in 16 opposition to the Safeway Fuel Center project. 17 18 Peter Tscherneff, Petaluma, spoke on Item 4.A. 19 20 Kelly Spence, from Union UFCW 8, in support of the Safeway Fuel Center project. 21 22 Genie Praetzel, Petaluma, in opposition to the Safeway Fuel Center project. 23 24 Merlin (last name not given), Petaluma, in opposition to the Safeway Fuel Center 25 project. 26 27 Daniel Wonnacott, Petaluma, in opposition to the Safeway Fuel Center project. 28 29 James Blaine, Petaluma, in opposition to the Safeway Fuel Center project. 30 31 Zen Destiny, Sebastopol, spoke on Item 4.A. 32 33 Genie Praetzel, continued (see previous summary). 34 35 Jose Vergara, Petaluma, in opposition to the Safeway Fuel Center project. 36 37 Maureen Maguire, Petaluma, in opposition to the Safeway Fuel Center project. 38 39 Seeing no other persons wishing to speak, Mayor Barrett closed Public 40 Comment on Item 4.A. 41 42 Mayor Barrett 43 44 City Attorney Danly 45 46 Mayor Barrett 47 48 Council Member Fischer 49 50 Natalie Mattel 51 52 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 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 49 50 51 52 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 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 ATTEST: Claire Cooper, CMC, City Clerk April 1, 2019 Vol. XX, Page 15