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HomeMy WebLinkAbout1.A-February8Minutes1 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 R L U City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Y85a Draff City Council/PCDC Minutes Monday, February 8, 2010 Special Meeting MONDAY, FEBRUARY 8, 2010 CLOSED SESSION - 5:00 P.M. CALL TO ORDER - CLOSED SESSION - 5:00 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt Absent: None CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: Pamala Robbins and John Brown. Employee Organization: Unit 10 - Petaluma Safety Mid -Management Association. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Regency Centers Corporation v. City of Petaluma, Sonoma Superior Court No. SCV 246634 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 1 potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION MONDAY, FEBRUARY 8, 2010 EVENING SESSION - 6:00 P.M. CALL TO ORDER - EVENING SESSION - &W 6:12 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliafit Absent: None Vol. XX Page 2 1 B. 2 3 4 5 C. 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 February 8, 2010 Pledge of Allegiance Marty Bennett, Sebastopol Moment of Silence AGENDA CHANGES AND DELETIONS - Changes to current agenda only. None. REPORT OUT OF CLOSED SESSION - Actions Taken None. PUBLIC COMMENT Jim Becker, Petaluma, told Council the City was headed toward bankruptcy if it doesn't become more "business friendly." Jerry Price, Petaluma, said that the Council majority wants to do the best that they can for the citizens of Petaluma; they have his full support, and he admires them greatly. He said the Council is charged with getting the best deal they can from the developers. Wayne Clark, Petaluma, spoke about a fundraiser "To Haiti with Love" to be held February 18. Participating restaurants are donating 10% of their sales, and the Mystic Theater is putting on a show. He also spoke about his displeasure with Sonoma County Supervisors Kelly and Kerns. He added that the City Council is under attack for trying to protect the City from a developer who does not want to follow the General Plan. Richard T. Giddins, Sr., Petaluma, said he is one of the "original Petaluma four." He inquired about when the flood fix will be finished. John Cheney, Petaluma, spoke about the homeless area in Cedar Park behind the homes. He didn't say anything for awhile, but lately they've been firing off guns so now he's asking for help. Zen Destiny, Petaluma, thanked the Council for their service. He also stated that "we need new constitutional tender." (Activated at 00:18:14) Katherine Bobrowski, Petaluma, thanked Mayor Torliatt for finally having police officers driving through her mobile home park regularly. She further said that somebody was pushing her and she called police. They were there within three minutes. Bill Phillips, Petaluma Tomorrow, Petaluma, spoke about Fair Political Practices Commission (FPPC) Form 460 and allegations that Council Member David Rabbitt's submitted forms contain errors. Matt Maguire, Petaluma, reminded the audience that the current sitting Council majority was not the majority when the Silk Mill project failed. He also noticed that there are a lot of city employees at the meeting tonight and he commended them for speaking tonight. He further stated that he was uncomfortable with individuals with a fiscal stake in the local economy who don't live in town, particularly the police and fire unions. February 8, 2010 Vol. XX, 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 45 46 47 48 49 50 51 52 David Keller, Petaluma, spoke about his article on Dutra's "magic show and con -game" in Thursday's Argus-Courier. Janice Cader-Thompson, Petaluma, said that for Jim Becker to imply that it's Council's fault that investors in the original project proposed for the Silk Mill lost money is wrong. COUNCIL COMMENT Mayor Torliatt Council Member Renee Vice Mayor Glass Council Member Rabbitt 1. PUBLIC HEARING A. Resolution 2010-021 A N.C.S. Certifying the Final Environmental Impact Report; a Resolution 2010-021 B N.C.S. Making Findings and Adopting a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations and Resolution 2010-021 C N.C.S. Approving a Vesting Tentative Map for the Proposed East Washington Place Project Located at East Washington Street and Highway 101; APNs 007-031-001, 007-241-002, 007-251-001, 007-473-040. (Bradley/Farmer) - Continued from the January 25, 2010 Council Meeting. Derek Farmer, Contract Planner Ryan Nickelson, Regency Centers Corporation Mayor Torliatt Mr. Nickelson Judy Davidoff, Sheppard Mullin Richter & Hampton LLP, Attorneys at Law, San Francisco Vice Mayor Glass Ms. Davidoff Mayor Torliatt Ms. Davidoff Council Member Healy Mr. Nickelson Council Member Healy Mr. Nickelson Vol. XX Page 4 February 8, 2010 2 Public Comment on Item 1.A 3 4 Chip Rees, Petaluma, said that he has been observing the course of the project 5 since he moved here 4.5 years ago. He did not think this project is ready and 6 asked the Council to please get it to a place of balance. 8 Marty Bennett, Co -Chair, Living Wage Coalition Instructor at Santa Rosa Junior 9 College, spoke in opposition to the project and urged the Council to not accept 10 and certify the EIR and the site map. He did not believe that the Council had 11 sufficient information to determine if the project conforms to CEQA and the 12 General Plan. He asked that the Council request a supplemental EIR. 13 14 Carol Eber, Petaluma, Chair of Petaluma Aquatics Advisory Board, said that the 15 Board appreciates Regency's cooperation and willingness to work with the City 16 and the Aquatics Board on resolving issues of concern in the EIR that pertain to 17 the swim center 18 19 Patrick Gehrke, Petaluma, stated that he represented the Coalition of Petaluma 20 Employees (COPE) which encompasses the majority of City employees and 21 addressed Petaluma's financial situation. He stated that all employees agreed to 22 a pay -cut in order to save jobs and to give the Council time to bring in additional 23 revenue to the City. He further stated that he was not endorsing any particular 24 project, but asked for a clear and straight -forward process for development 25 within the city. 26 27 Dave Libchitz, Petaluma, stated "no on the proposed lot split, it's not in our best 28 interests, period." Further, he stated that neither the current plan nor the FEIR 29 includes Friedman Brothers in the project and must be addressed before moving 30 forward. 31 32 Kelly Rajala, Director of Sonoma County Go Local Cooperative, Sonoma 33 County, stated that the most vibrant communities are the ones that support local 34 businesses; that make investments for long term economic health, and real local 35 innovation. A project like this will have a disproportionately large impact on 36 independent locally owned businesses. Requested that the Council conduct an 37 independent analysis that adequately addresses the long term implications on 38 wages, impact on existing local businesses and the economic and urban decay 39 impacts resulting from increased vacancy rates. 40 41 Colin MacKenzie, Petaluma, stated that he has watched this Council, the majority 42 of whom he voted for, put this project off over and over again. He said that he 43 and his wife are both elderly and do not drive and have to take the bus to go 44 shopping. Further he said that both he and his wife would like to see a Target in 45 Petaluma. 46 47 Brent Russell, Petaluma, said that he is a small business owner, a member of the 48 Chamber of Commerce, a citizen and the parent of three teenagers. He thought 49 it would be a lot greener to shop in town. He said that the process that Regency 50 has had to go through is excruciating. Further, he stated he hoped the Council 51 would look at the big picture and approve this project 52 February 8, 2010 Vol. XX, Page 5 1 Lisa Sizemore, Petaluma, spoke in support of the Regency project. She said 2 that 330 families are part of National Little League and they really appreciate 3 Regency's plan to build new fields for them 4 5 Zen Destiny, Petaluma, objected to the notion that all the property in this town 6 "belongs to a hypothetical collective that we have to continually grovel to in 7 order to get anything done." Further he objected to the long, drawn out 8 obstructionist process. 10 Monica Soiland, Midstate Construction, Petaluma, resident for 40 years in 11 Petaluma. She said it appears that the majority of the citizens of Petaluma want 12 the project. Further she said that it appears that Regency wants to work with the 13 City and the community. She asked the Council to approve the tentative map 14 and EIR in good faith. 15 16 Roger Nelson, Midstate Construction, Petaluma, said that two years ago, 50% of 17 their volume was retail. This year it will be 5%. In terms of timing, it's true that a 18 process should not be hurried to the detriment of the final result. But it is also true 19 that things do not remain static in the development world. He thinks Target will 20 bring jobs, a diverse shopping experience and would be a good addition to the 21 community. 22 23 Janice Cader-Thompson, Petaluma, thanked the Council for weathering through 24 this experience. She stated that this is a design that we want to be able to live 25 with and the developer sounds like they are coming around and maybe it's time 26 to move forward. She would like to make sure Friedman's is part of this 27 project. Further, she thought it is unrealistic of people to say this project will fix our 28 economic woes as there are unfunded liabilities relating to public safety 29 employees' retirement. 30 31 Barry Bussewitz, Petaluma, stated that he has read the EIR and submitted 32 comments. He thanked the Council for their responses and urged them to please 33 continue to do your best. 34 35 Dale Axelrod, Petaluma, does not support the project. He provided a Power 36 Point presentation which was an analogy with "Mr. Regency" and partner "Ms. 37 Target." 38 39 Zander Robb, Petaluma, applauded the Council's diligence in not "rubber 40 stamping" every new development that comes screaming down the pipe. He 41 said "we have no guarantee on what we are going to get." 42 43 Cynthia Rathkey, Petaluma, said that this has become sort of a "yes Target - no 44 Target argument" when it should be more of a "what kind of a Target should it 45 be." She believed the project could be a lot nicer and user friendly fitting in to 46 Petaluma's image and not look like every other town in America that has a 47 Target. 48 49 Wayne Clark, Petaluma, said that the project has to be "done right." He wants 50 "smart growth" and wants to "go local." He supports a living wage and said "I've 51 got to have a Friedman Brothers in there." 52 Vol. XX Page 6 February 8, 2010 1 Moniz Franco, Petaluma, said "at the very least, this EIR should include a traffic 2 analysis which shows us the real impacts and their associated air quality 3 impacts." She believed there is a major inconsistency in the EIR that makes those 4 impacts significantly understated. Richard Brawn, Petaluma, said that the City is facing coming up with $200 million for Rainier in the next 20 years. He said "Rainer is not going to happen; we are going to be stuck with East Washington." 10 J.T. Wick, The Construction Coalition, Petaluma, said that he listens to the 11 communities in which we work by reviewing their general plans and finding out 12 where to put homes, stores or businesses. For the former Kenilworth site in 13 Petaluma, that's mixed use. Please tells us what you want to build, and we will 14 build it. 15 16 Onita Pellegrini, CEO, Petaluma Area Chamber of Commerce, Petaluma, spoke in 17 support of the project. She further requested that the Council fast track the 18 project and put all of our energies and time into getting this up and running. 19 20 Todd Tamura, Petaluma, stated that this project been around a long time and a 21 lot of roadblocks have been put in the way. Further, he said the FEIA was 22 expensive but didn't offer any useful information. It is not a "crystal ball" and we 23 cannot know exactly what is going to happen. Please make a decision. 24 25 Jeff Mayne, Petaluma, stated his attendance tonight is as an individual. He 26 spoke is in favor of project. He is frustrated by wanting the "best deal possible for 27 the town" and maybe the passion for that having an overriding affect where we 28 may be asking too much. 29 30 Ray Johnson, Petaluma, said that he supports Target wholly. He voiced his 31 concern about attracting business to this town. He stated an example of a 32 company that wanted to expand to California and did some research. They 33 found that there are three cities in California that no business should try to move 34 to because they are almost impossible to deal with. He said, "We've got to 35 change the attitude." 36 37 Rick Oberdorfer, said the problem was that in 2004 Regency bought property in 38 good faith with the idea that they were going to be able to develop it into a 39 shopping center. He asked the Council to please approve the tentative map and 40 EIR tonight. 41 42 Mayor Torliatt 43 44 Manuel Mendes, Petaluma, has lived in Petaluma for 40 years. He is unemployed 45 and for the Living Wage Coalition to tell him that he is better off being 46 unemployed with no medical insurance than he would be making minimum 47 wage, is crazy. 48 49 Debra Lamar, Petaluma, spoke in favor of this project. She does not think this will 50 hurt local businesses. If she's going out of town to shop then she's going to hit all 51 the stores in the same area. Further she stated there are individuals who are 52 willing to take lower paying jobs. Vol. XX, Page 7 2 Mary G|ondon' Petaluma, stated that she has a background in corporate retail 3 management. She applauded Council for staying the course. She believed 4 the problem, the polarization inthis city, isnot with the Council, but with the S developer. Further, she stated "We are asking this developer /ogive unwhat we 6 want. Wewant something that looks like cjow/nfown." 8 David Keller, Petaluma, says hegave comments tothe City onthe Draft BRwhich 9 were not included inthe Final BR.Hereminded Council that 45years ago, 10 Petaluma was sued bydevelopers who were upset that City Council stopped 11 building. Petaluma won that lawsuit and became alandmark inthis nation in 12 planning history. 13 14 Katherine 8obr#wski' peto|unno' asked why Target couldn't be put in the old lS Men/yn`sstono. 16 17 Beau 8puveuot Peta|ummw, moved to Petaluma with his family three winters ago 18 and wondered if their honeymoon period with the city would ever end. He is o 19 filmmaker and created o documentary on the mortgage crisis about the impact 20 onsmall towns inAmerica. The effects on Main Street, U3.A.vven* horrific due to 21 huge shopping centers. 22 23 Matt Maguire, Petaluma, said that the City does not have a legally defensible BR 24 as structured today. He said that he had o discussion with Regency and the 25 outcome was that Target tells Regency what to do. He suggested getting Target 26 tothe table. Hoalso suggested various design alternatives |othe 27 standard ^'rnono0h/c"Target stores. 28 29 Paw! Francis, Petaluma, showed on overhead slide which outlined ten steps to o 30 successful project. He said "This projectnapnesents o complete fo0un* of our 31 C/fy'splanning process." He believed the decision tonight isnot only toapprove 32 the preliminary proposal, but the bigger decision is to correct o whole series of 33 malfunctions and discrepancies starting with Regency's acquisition of the land. 34 35 Scott Bnmwn' Peto|unnm' said he spent six years on the Central Petaluma Specific 36 Plan as on advisor. He recalled that in 1976 the Supreme Court upheld 37 Pe|o|umm's right to tell developers where and how much they could develop. 38 39 There being noone else wishing tospeak, Mayor Todlattclosed the PUBLIC 40 fH2ARUWG 41 42 Mr. Nickelson 43 44 A8oyorTor||mtt 45 46 88r. Nickelson 47 48 Vice Mayor Glass 49 SO Mr. Nickelson 51 52 Vice Mayor Glass Vol. XX Page 8 February 8, 2010 Council Member Barrett City Attorney Danly Council Member Barrett City Attorney Danly Vice Mayor Glass Geoff Bradley, Contract Principal Planner Vice Mayor Glass Mr. Bradley Vice Mayor Glass Mayor Torliatt Mr. Nickelson Mayor Torliatt Mr. Nickelson Mayor Torliatt Mr. Nickelson Mr. Bradley Mayor Torliatt Mr. Bradley Mayor Torliatt Mr. Bradley Mayor Torliatt Mr. Bradley Curt Bates, City Engineer, Public Works Department Mayor Torliatt Mr. Bates Mr. Nickelson February 8, 2010 Vol. XX, Page 9 Council Member Barrett Council Member Barrett Mr. Nickelson Council Member Barrett Mr. Bradley Council Member Barrett Mr. Bradley Council Member Barrett Vice Mayor Glass Mr. Bradley Vice Mayor Glass Mr. Bradley Mayor Torliatt Mr. Nickelson Vice Mayor Glass Council Member Renee Mr. Nickelson Mayor Torliatt City Manager Brown Mayor Torliatt City Attorney Danly Mayor Torliatt Mr. Farmer Mayor Torliatt Mr. Bates Vol. XX Page 10 February 8, 2010 Mayor Torliatt Mr. Bates Mayor Torliatt Mr. Bates Mayor Torliatt Vice Mayor Glass Mr. Nickelson Mr. Bradley Council Member Barrett Mr. Bradley Council Member Barrett Council Member Ren6e Council Member Barrett Mayor Torliatt Mr. Bates Mayor Torliatt Mr. Bates Mayor Torliatt Council Member Barrett Mr. Nickelson Council Member Ren6e Mr. Bates Mayor Torliatt Council Member Barrett City Attorney Danly Mayor Torliatt February 8, 2010 Vol. XX, Page 1 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 45 46 47 48 49 50 51 52 Council Member Barrett Leslie Thompsen, Assistant City Attorney Council Member Barrett Ms. Thompsen Frank Penry, Traffic Consultant Council Member Barrett Mayor Torliatt Council Member Renee Mayor Torliatt Council Member Barrett Mayor Torliatt Council Member Renee Vice Mayor Glass City Attorney Danly Council Member Renee Council Member Rabbitt Vice Mayor Glass Mayor Torliatt Council Member Barrett Council Member Renee Mr. Nickelson Vice Mayor Glass Motion: To continue the meeting past 11:00 p.m., as required by Council's Rules, Policies, and Procedures. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried 7-0. Vol. XX Page 12 February 8, 2010 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 Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt No: None Abstain: None Absent: None Council Member Rabbitt Mayor Torliatt City Attorney Danly Vice Mayor Glass Council Member Harris Mayor Torliatt Mr. Bates Mayor Torliatt City Attorney Danly Mr. Bates City Attorney Danly Mr. Bates Mr. Nickelson City Attorney Danly Council Member Barrett Mr. Bates r,T,TMN,IRIT-=- I Council Member Ren6e Mr. Bates City Attorney Danly Ms. Thompsen Mr. Nickelson Mayor Torliatt February 8, 2010 Vol. XX, Page 13 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 City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt Vice Mayor Glass Council Member Barrett Council Member Harris Council Member Healy Council Member Rabbitt Council Member Renee City Attorney Danly Mayor Torliatt Vice Mayor Glass Council Member Healy City Attorney Danly Motion: Approve Resolution (2010-021A N.C.S.) Certifying an Environmental Impact Report for the East Washington Place Project, Pursuant to the California Environmental Quality Act; Resolution (2010-021 B N.C.S.) Making Findings of Fact and Adopting a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for the East Washington Place Project, Pursuant to the California Environmental Quality Act; and, Resolution (2010-021C N.C.S.) Approving a Vesting Tentative Map for the East Washington Place Project, Assessor's Parcel Numbers 007-031-001, 007-241-002, 007-251-001, 007-473-040, substituting the Revised Exhibit C (Statement of Overriding Considerations) that was presented at the dais and made available to the public, and including edits and amendments enumerated by Council for the record and acceded to by the applicant. Moved by David Glass, seconded by Mike Healy. Vote: Motion carried 5-2. Yes: David Glass; Mike Harris; Mike Healy; David Rabbitt; Pamela Torliatt No: Teresa Barrett; Tiffany Renee Abstain: None Absent: None Vol. XXPage l4 2 3 4 10 11 1% 13 14 lS 16 17 18 19 MoyorTodiaff riviTAI��� Council Member Ren6e Mr. Former Council Member Ren6e Mayor 7pdkaffconfirmed Council consensus that direction tothe Planning Commission on items to be addressed as part of their Site Plan and Architectural Review were to include all of the items listed on page A- 10 of the staff report: * Use ofdnrypn|esand/or visual simulations: The Citv's Site Plan and Architectural Review Guidelines and adopted Story Pole Policy will be complied with in design review. 20 w Locally -made benches: Staff recommends that the Council direct the 21 Planning Commission 10encourage the Applicant asfollows: "The applicant 22 shall contact the Petaluma High School administration office to request that 23 /o the extent possible, high school students be engaged to fabricate and/or 24 porf/c/pofo/nfhec/es/Qnofbenchosuxed/npublicspocesofhhoPnoject" 25 The applicant has agreed to this provision, and included outreach to students 26 as part ofits public art presentation. 27 28 * Evergreens along -the freeway: Staff recommends that the Council direct the 29 Planning Commission to consider in its review of project landscaping plans the 30 inclusion of drought -tolerant evergreen plant species within project frontage 31 along the length of the Highway 101 corridor which will reach a maturity of at 32 least 25feet within lOyears. 33 34 * VYoyfindingsigns pointing toward Pe1o|unno His1ohc Downtown Area and signs 35 discouraging traffic from entering the East DStreet neighborhood: Will be 36 reviewed aspart ofdesign review ofall project signoge'ondp|acementwi|| 37 be coordinated with the City Engineer's input regarding traffic control. 38 39 * Swim Center and Skate Park landscaping conditions: Will bereviewed in 40 design review, with all project |ondscopingp|onstoconfirmcomp|ioncevvith 41 vesting tentative map conditions and sufficiency oflandscape design. 42 43 * Pedestrian, bicycle and vehicle access and circulation conditions relating to 44 the Swim Center and Skate Park: Pedestrian, bicycle and vehicle access and 45 circulation will be reviewed for the project as o whole and also regarding 46 relating to the Swim Center and compliance with conditions affecting access 47 to the 3vvinn Center and Skate Pork. 48 49 Aswell osthese items brought upottonight's meeting: SO 51 Pay special attention to: 52 February 8, 2010 Vol. XX, Page 15 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 • Bulk and massing on site as the IZO allows. • Design of the fencing. • Maximizing the public area of the site as it pertains to the thoroughfare from the Kenilworth pedestrian overcrossing to Kenilworth Drive. • Further discuss the public art features proposed for the project, as offered by the applicant. • Consider "super tree" species that are found to have increased pollution reduction qualities for use in the project. The Planning Commission is not limited to these issues; they are to have full purview from a design -review perspective, including where the buildings are actually situated on the site within the parcels. City Attorney Danly Mayor Torliatt ADJOURN Motion: To adjourn the meeting. Moved by David Glass, seconded by Tiffany Renee. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: None The meeting was adjourned at 11:53 p.m. ATTEST: Claire Cooper, CMC, City Clerk Pamela Torliatt, Mayor