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HomeMy WebLinkAboutPCDC Minutes 06/05/20001 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 City of Petaluma, California Minutes of a Regular Meeting Petaluma Community Development Commission Monday, June 5, 2000 The Petaluma Community Development Commission met on this day at 3:05 P.M. in the Council Chambers. ROLL CALL Present: Commissioners Cader-Thompson (3:10 p.m.), Healy, Keller, Maguire, Chair Thompson, Vice -Chair Torliatt Absent: Hamilton PUBLIC COMMENT COMMISSION COMMENTS None AGENDA CHANGES. ADDITIONS. AND DELETIONS None UNFINISHED BUSINESS 1. Discussion and Possible Direction Regarding LOK Marina Hotel Development Group and Redevelopment Agency Participation for Project Financing for a Three Star/Four Diamond Rated Hotel. (Stouder) A. Resolution of the Community Development Commission of the City of Petaluma Approving an Owner Participation Agreement By and Between the Community Development Commission of the City of Petaluma and Lok Petaluma Marina Hotel Company, LLC. Commissioner Keller wanted shorter loan equity position and clarification of "sale" and "partner," and he wanted to know who the other investors were. Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000 Page 1 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 Vice Chair Torliatt noted that Mr. Hawkins had presented the Commission with a proposal made by the developer. Mr. Hawkins disagreed and noted that he had been asked to prepare an ownership agreement that reflected the current terms. He did not think the meeting was the appropriate arena to discuss terms. Attorney Don Black echoed Mr. Hawkins' comments. Commissioner Keller had heard that labor negotiations had fallen through. If that was true, he had no intention of supporting the project. Commissioner Maguire preferred that the City Manager represent the Commission in negotiation discussions. He had told Andy Lee and Kurt Lok that he supported card neutrality; however, more importantly, he wanted to hire locally. Vice Chair Torliatt stated further that the Commission had not had the opportunity to have a discussion with the consultant and she wanted to have public comment before the Commission discussed what action or direction to take. Public Comment Daniel Angel, 4024 Magee Avenue, Oakland, spoke in opposition to the project if union labor agreement negotiations were dropped. Al Semmler, 1700 Corby Avenue, Santa Rosa, spoke in opposition to the project if union labor agreement negotiations were dropped. Don Weisenfluh, 1092 Wren Drive, spoke in opposition to the project. Vince Landof, 12 Cordelia Drive, spoke in opposition to the project. Victor Chechanover, 2301 Marylyn, spoke in opposition to the project. Geoff Cartwright, 56 Rocca Drive, spoke in opposition to any development in the floodplain Andy Lee, Restaurant and Hotel Workers Union Representative, spoke in support of the City's participation in the project in order for the hotel and restaurant workers to be employed. Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000 Page 2 1 End of Public Comment 2 3 4 Commissioner Cader-Thompson did not think the City was adequately 5 protected by the proposed agreement. She agreed with other 6 Commissioners' comments and questions and noted that she was 7 disappointed about the status of the union labor negotiations. She asked that s the principals provide information for Commission's review in a timelier 9 manner. 10 11 Commissioner Healy wanted to address how, procedurally, the Commission 12 would continue discussion. Substantively, he was not as concerned as other 13 Commissioners about the terms and he elaborated on Mr. Hawkins' analysis 14 as stated on pages 4 and 5 of the report dated May 31, 2000. He was 15 pleased with City Management's decision to hire Tim Kelly to analyze the 16 proposal and he supported the City's participation in the project. 17 18 Commissioner Keller asked Mr. Lok what type of development would go in at 19 the property if the City did not participate and what kind of a market there 20 would be. 21 22 Kurt Lok replied it was to be a development similar to a Marriott Courtyard. 23 24 Vice Chair Torliatt noted that this was not a slight to Mr. Lok or his family and 25 acknowledged his continuing efforts in the community. Her thoughts on the 26 project were not personal, they were strictly professional. She understood 27 that a project may begin in the downtown area in the fall and could jeopardize 28 the City's security. She thought the Commission needed to focus on the TOT 29 revenue stream, and wanted to know if the City had budgeted the $750,000 30 in the Redevelopment Budget; she understood that the City was floating 31 revenue bonds at the rate of 6% interest. She noted she had a discussion 32 with other cities' council members regarding supporting hotel development. 33 They had indicated that it was not good; that is, that it was a very complex 34 issue. 35 36 ADJOURN 37 38 Chair Thompson adjourned the meeting at 4:20 P.M. 39 40 41 42 RECONVENE 43 44 The Petaluma Community Development Commission reconvened on this date at 7:05 45 P.M. in the Council Chambers. Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000 Page 3 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 ROLL CALL Present Absent: Commissioners Cader-Thompson (3:10 p.m.), Healy, Keller, Maguire, Chair Thompson, Vice -Chair Torliatt Hamilton PUBLIC COMMENT None COMMISSION COMMENTS None AGENDA CHANGES, ADDITIONS, AND DELETIONS UNFINISHED BUSINESS 2. Discussion and Possible Direction Regarding LOK Marina Hotel Development Group and Redevelopment Agency Participation for Project Financing for a Three Star/Four Diamond Rated Hotel. (Stouder) - (Continued from the Afternoon Session) B. Resolution of the Community Development Commission of the City of Petaluma Approving an Owner Participation Agreement By and Between the Community Development Commission of the City of Petaluma and Lok Petaluma Marina Hotel Company, LLC. J. T. Wick, President, Petaluma Area Chamber of Commerce, spoke in support of the Lok Marina Hotel and development of a conference center. Vince Landof, 12 Cordelia Drive, spoke in opposition to the City financing the Lok Marina Hotel and development of a conference center. Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000 Page 4 I Victor Chechanover, 2301 Marylyn Circle, spoke in opposition to the City 2 financing the Lok Marina Hotel and development of a conference center and 3 provided information about the sale to the prior owner of the parcels included 4 with this development project. 6 End of Public Comment 7 s Commission Chair Thompson wanted interest on the loan and an improved 9 position as a lender. 10 11 Commissioner Maguire wanted principal and interest repaid, a secured loan 12 amortized over twenty years, due in ten, and in second position to the 13 construction loan. He also asked that the attorneys review the proposal 14 structure and verify that the City's position was secure and that an agreement 15 with the union for card neutrality be included. 16 17 18 Commissioner Cader-Thompson acknowledged the necessity of a 19 conference center and indicated that she wanted interest on the loan; she 20 wanted a stronger position, so if sold, the investors and the City would be 21 repaid at the same time. She agreed with Commissioner Maguire's 22 statements regarding union card neutrality. She thought it was important that 23 the Commission have more than a 4/3 vote. She thought the $750,000 was 24 legitimate; however, she questioned the TOT. 25 26 Commissioner Keller noted that the City had already subsidized the property 27 for development, though not with Lok; but a 99 -year repayment agreement 28 with Marina Office Park Associates (MOPA) to make ready for a Sheraton 29 Hotel in 1992. He thought there existed a question of precedence. He 30 agreed with Mr. Wick that this was a good location. He was concerned about 31 financing assistance that had a lesser prime equity position to assure 32 repayment to the City. He wanted a definition of "sale," such as a sale 33 between partners. This was not a slight to Mr. Lok, but he wanted to know 34 who the partners were, who were the equity partners in the venture. He 35 suggested that perhaps they investigate the possibility of securing repayment 36 by a tax lien and provide for repayment at below market rate interest. He 37 thought union card neutrality was necessary. He asked if the cost of the 38 parking lot for which the redevelopment funds were to pay was $450,000, 39 why was $750,000 needed. He did not want to see a repeat performance of 40 past City practices where the paper work was sloppy. Perhaps the $2.75 41 million could be financed by subscriptions from community businesses and 42 individuals. 43 44 Vice Chair Torliatt added to Commissioner Keller's comments that should the 45 City subsidize the project, she favored a bond being floated for the interest. Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000 Page 5 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 She was not in favor of the proposal on the table but did think the marina was a fine place to have the hotel. With the Petaluma Specific Plan, construction in the downtown area would present competition and she had concerns with the TOT revenue stream that a downtown proposal could pose. The City should not have to subsidize a project to get a conference room. The TOT funds could go to develop a City -owned facility. Regarding personal guarantees, she noted that the developer had not agreed to do this in its entirety. She thought financing by the City should minimally be secured as a second in equity position. Commissioner Maguire added that he favored a "sale" that would trigger payment of the loan. Commissioner Cader-Thompson was not clear why the facility could not be scaled down. Regarding the TOT funds, she thought they should go towards developing the area from which they were generated. The Commission agreed that Mr. Stouder would present the developers and their attorneys with Commission comments and direction. They scheduled a meeting for Wednesday, June 14, at 5:30 P.M. to bring back the item back for a status report, continued discussion, and possible action. "-,1 11911100 1 Chair Thompson adjourned the meeting at 7:40 P.M. E. Clark Thompson, Chair ATTEST: Beverly J. Kline, Recording Secretary Minutes of a City of Petaluma, California Petaluma Community Development Commission Meeting Monday, June 5, 2000