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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.
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5 C.
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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
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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
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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.
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Marty Bennett, Co -Chair, Living Wage Coalition Instructor at Santa Rosa Junior
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College, spoke in opposition to the project and urged the Council to not accept
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and certify the EIR and the site map. He did not believe that the Council had
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sufficient information to determine if the project conforms to CEQA and the
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General Plan. He asked that the Council request a supplemental EIR.
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Carol Eber, Petaluma, Chair of Petaluma Aquatics Advisory Board, said that the
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Board appreciates Regency's cooperation and willingness to work with the City
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and the Aquatics Board on resolving issues of concern in the EIR that pertain to
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the swim center
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Patrick Gehrke, Petaluma, stated that he represented the Coalition of Petaluma
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Employees (COPE) which encompasses the majority of City employees and
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addressed Petaluma's financial situation. He stated that all employees agreed to
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a pay -cut in order to save jobs and to give the Council time to bring in additional
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revenue to the City. He further stated that he was not endorsing any particular
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project, but asked for a clear and straight -forward process for development
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within the city.
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Dave Libchitz, Petaluma, stated "no on the proposed lot split, it's not in our best
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interests, period." Further, he stated that neither the current plan nor the FEIR
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includes Friedman Brothers in the project and must be addressed before moving
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forward.
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Kelly Rajala, Director of Sonoma County Go Local Cooperative, Sonoma
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County, stated that the most vibrant communities are the ones that support local
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businesses; that make investments for long term economic health, and real local
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innovation. A project like this will have a disproportionately large impact on
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independent locally owned businesses. Requested that the Council conduct an
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independent analysis that adequately addresses the long term implications on
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wages, impact on existing local businesses and the economic and urban decay
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impacts resulting from increased vacancy rates.
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Colin MacKenzie, Petaluma, stated that he has watched this Council, the majority
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of whom he voted for, put this project off over and over again. He said that he
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and his wife are both elderly and do not drive and have to take the bus to go
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shopping. Further he said that both he and his wife would like to see a Target in
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Petaluma.
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Brent Russell, Petaluma, said that he is a small business owner, a member of the
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Chamber of Commerce, a citizen and the parent of three teenagers. He thought
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it would be a lot greener to shop in town. He said that the process that Regency
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has had to go through is excruciating. Further, he stated he hoped the Council
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would look at the big picture and approve this project
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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
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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.
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Monica Soiland, Midstate Construction, Petaluma, resident for 40 years in
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Petaluma. She said it appears that the majority of the citizens of Petaluma want
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the project. Further she said that it appears that Regency wants to work with the
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City and the community. She asked the Council to approve the tentative map
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and EIR in good faith.
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Roger Nelson, Midstate Construction, Petaluma, said that two years ago, 50% of
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their volume was retail. This year it will be 5%. In terms of timing, it's true that a
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process should not be hurried to the detriment of the final result. But it is also true
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that things do not remain static in the development world. He thinks Target will
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bring jobs, a diverse shopping experience and would be a good addition to the
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community.
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Janice Cader-Thompson, Petaluma, thanked the Council for weathering through
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this experience. She stated that this is a design that we want to be able to live
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with and the developer sounds like they are coming around and maybe it's time
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to move forward. She would like to make sure Friedman's is part of this
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project. Further, she thought it is unrealistic of people to say this project will fix our
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economic woes as there are unfunded liabilities relating to public safety
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employees' retirement.
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Barry Bussewitz, Petaluma, stated that he has read the EIR and submitted
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comments. He thanked the Council for their responses and urged them to please
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continue to do your best.
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Dale Axelrod, Petaluma, does not support the project. He provided a Power
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Point presentation which was an analogy with "Mr. Regency" and partner "Ms.
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Target."
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Zander Robb, Petaluma, applauded the Council's diligence in not "rubber
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stamping" every new development that comes screaming down the pipe. He
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said "we have no guarantee on what we are going to get."
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Cynthia Rathkey, Petaluma, said that this has become sort of a "yes Target - no
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Target argument" when it should be more of a "what kind of a Target should it
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be." She believed the project could be a lot nicer and user friendly fitting in to
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Petaluma's image and not look like every other town in America that has a
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Target.
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Wayne Clark, Petaluma, said that the project has to be "done right." He wants
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"smart growth" and wants to "go local." He supports a living wage and said "I've
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got to have a Friedman Brothers in there."
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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."
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J.T. Wick, The Construction Coalition, Petaluma, said that he listens to the
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communities in which we work by reviewing their general plans and finding out
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where to put homes, stores or businesses. For the former Kenilworth site in
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Petaluma, that's mixed use. Please tells us what you want to build, and we will
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build it.
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Onita Pellegrini, CEO, Petaluma Area Chamber of Commerce, Petaluma, spoke in
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support of the project. She further requested that the Council fast track the
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project and put all of our energies and time into getting this up and running.
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Todd Tamura, Petaluma, stated that this project been around a long time and a
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lot of roadblocks have been put in the way. Further, he said the FEIA was
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expensive but didn't offer any useful information. It is not a "crystal ball" and we
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cannot know exactly what is going to happen. Please make a decision.
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Jeff Mayne, Petaluma, stated his attendance tonight is as an individual. He
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spoke is in favor of project. He is frustrated by wanting the "best deal possible for
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the town" and maybe the passion for that having an overriding affect where we
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may be asking too much.
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Ray Johnson, Petaluma, said that he supports Target wholly. He voiced his
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concern about attracting business to this town. He stated an example of a
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company that wanted to expand to California and did some research. They
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found that there are three cities in California that no business should try to move
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to because they are almost impossible to deal with. He said, "We've got to
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change the attitude."
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Rick Oberdorfer, said the problem was that in 2004 Regency bought property in
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good faith with the idea that they were going to be able to develop it into a
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shopping center. He asked the Council to please approve the tentative map and
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EIR tonight.
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Mayor Torliatt
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Manuel Mendes, Petaluma, has lived in Petaluma for 40 years. He is unemployed
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and for the Living Wage Coalition to tell him that he is better off being
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unemployed with no medical insurance than he would be making minimum
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wage, is crazy.
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Debra Lamar, Petaluma, spoke in favor of this project. She does not think this will
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hurt local businesses. If she's going out of town to shop then she's going to hit all
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the stores in the same area. Further she stated there are individuals who are
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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."
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David Keller, Petaluma, says hegave comments tothe City onthe Draft BRwhich
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were not included inthe Final BR.Hereminded Council that 45years ago,
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Petaluma was sued bydevelopers who were upset that City Council stopped
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building. Petaluma won that lawsuit and became alandmark inthis nation in
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planning history.
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Katherine 8obr#wski' peto|unno' asked why Target couldn't be put in the old
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Men/yn`sstono.
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Beau 8puveuot Peta|ummw, moved to Petaluma with his family three winters ago
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and wondered if their honeymoon period with the city would ever end. He is o
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filmmaker and created o documentary on the mortgage crisis about the impact
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onsmall towns inAmerica. The effects on Main Street, U3.A.vven* horrific due to
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huge shopping centers.
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Matt Maguire, Petaluma, said that the City does not have a legally defensible BR
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as structured today. He said that he had o discussion with Regency and the
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outcome was that Target tells Regency what to do. He suggested getting Target
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tothe table. Hoalso suggested various design alternatives |othe
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standard ^'rnono0h/c"Target stores.
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Paw! Francis, Petaluma, showed on overhead slide which outlined ten steps to o
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successful project. He said "This projectnapnesents o complete fo0un* of our
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C/fy'splanning process." He believed the decision tonight isnot only toapprove
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the preliminary proposal, but the bigger decision is to correct o whole series of
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malfunctions and discrepancies starting with Regency's acquisition of the land.
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Scott Bnmwn' Peto|unnm' said he spent six years on the Central Petaluma Specific
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Plan as on advisor. He recalled that in 1976 the Supreme Court upheld
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Pe|o|umm's right to tell developers where and how much they could develop.
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There being noone else wishing tospeak, Mayor Todlattclosed the PUBLIC
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fH2ARUWG
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Mr. Nickelson
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A8oyorTor||mtt
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88r. Nickelson
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Vice Mayor Glass
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SO
Mr. Nickelson
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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
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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
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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
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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
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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.
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w Locally -made benches: Staff recommends that the Council direct the
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Planning Commission 10encourage the Applicant asfollows: "The applicant
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shall contact the Petaluma High School administration office to request that
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/o the extent possible, high school students be engaged to fabricate and/or
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porf/c/pofo/nfhec/es/Qnofbenchosuxed/npublicspocesofhhoPnoject"
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The applicant has agreed to this provision, and included outreach to students
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as part ofits public art presentation.
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* Evergreens along -the freeway: Staff recommends that the Council direct the
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Planning Commission to consider in its review of project landscaping plans the
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inclusion of drought -tolerant evergreen plant species within project frontage
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along the length of the Highway 101 corridor which will reach a maturity of at
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least 25feet within lOyears.
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* VYoyfindingsigns pointing toward Pe1o|unno His1ohc Downtown Area and signs
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discouraging traffic from entering the East DStreet neighborhood: Will be
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reviewed aspart ofdesign review ofall project signoge'ondp|acementwi||
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be coordinated with the City Engineer's input regarding traffic control.
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* Swim Center and Skate Park landscaping conditions: Will bereviewed in
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design review, with all project |ondscopingp|onstoconfirmcomp|ioncevvith
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vesting tentative map conditions and sufficiency oflandscape design.
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* Pedestrian, bicycle and vehicle access and circulation conditions relating to
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the Swim Center and Skate Park: Pedestrian, bicycle and vehicle access and
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circulation will be reviewed for the project as o whole and also regarding
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relating to the Swim Center and compliance with conditions affecting access
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to the 3vvinn Center and Skate Pork.
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Aswell osthese items brought upottonight's meeting:
SO
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Pay special attention to:
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February 8, 2010 Vol. XX, Page 15
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• 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