2014/11/10 City Council MinutesWN
MINUTES OF THE JOINT SPECIAL MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Monday, November 10, 2014
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
CITY COUNCIL /RPFA /SUCCESSOR AGENCY TO THE CDC JOINT SPECIAL
MEETING - CALL TO ORDER/ROLL CALL
Mayor Callinan called the joint special meeting to order at 5:00 pm, the notice for which being
legally noticed on November 6, 2014.
Present: Joseph T. Callinan, Mayor
Amy O. Ahanotu, Vice Mayor
Gina Belforte, Councilmember
Jake Mackenzie, Councilmember
Pam Stafford, Councilmember (absent after 6:15 pm)
Absent: None
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Deputy City
Attorney Visick, City Clerk Buergler, Director of Public Safety Masterson, Senior
Analyst Atkins, Development Services Director Ponton, City Engineer Pawson, Human
Resources Director Perrault, and Finance Director Howze.
2. PLEDGE OF ALLEGIANCE
Led by Andy Durkee.
3. PRESENTATIONS
B. Military Banner Program Update by Andy Durkee
Andy Durkee provided a verbal update on Rohnert Park's Military Banner Program.
A. Mayor's Certificate of Recognition: Honoring Andy Durkee for his Dedicated Service
to the Community Regarding the Military Banner Program
Mayor Callinan read and presented the certificate to Andy Durkee.
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council/Rohnert Park Financing Authority /Successor Agency Page 2 of 7
4. PUBLIC COMMENTS
Norman Mushnick expressed concern regarding the lack of affordable housing for
special -needs seniors in Rohnert Park. He requested the City include the Senior Center in
its public outreach program. Requested that the City create, fund, and implement a
program in the Rohnert Park Housing Element for special needs.
Kai Petersen spoke in support of Norman Mushnick's comments.
Jeannine Scannell expressed concern over Section 8 housing availability in Rohnert Park
and urged the City to encourage landlords with Section 8 obligations to meet those
contractual obligations.
5. CONSENT CALENDAR
A. Approval of Minutes for:
B. Acceptance of Reports for:
1. City Bills /Demands for Payment Dated October 14, 2014
2. Successor Agency to the CDC Bills /Demands for Payment Dated October 14,
2014
3. RPFA- Cash Report for Month Ending August 2014
4. Housing Successor Agency- Cash Report for Month Ending August 2014
5. Successor Agency- Cash Report for Month Ending August 2014
6. City- Cash Report for Month Ending July 2014
7. City- Cash Report for Month Ending August 2014
C. City Council Resolutions for Adoption:
1. 2014 -135 Authorizing and Approving the Purchase of Two (2) Public Works
Light -duty Trucks in the amount of $48,100.08
2. 2014 -136 Approving Elimination of Payroll Specialist and Accounting
Technician Positions and Creation of New Blended Position of
Payroll /Fiscal Specialist, Associated Job Description and Salary
Range in the Finance Department
3. 2014 -144
Authorizing the City Manager to Execute an Amended
Administrative Agreement for the Collection of Assessments for the
Sonoma County Tourism Business Improvement Area
4. 2014 -145
Authorizing and Approving Landscape and Stormwater Facilities
Maintenance Agreements for the Amy's Kitchen Project
5. 2014 -146
Authorizing and a Public Improvement Agreement with University
District LLC and Vast Oak Properties L.P. for the Vast Oak Property
Phase 1 In -tract Sewer Improvements and Finding this Project
Covered by the Updated Final Environmental Impact Report the
University District Specific Plan Project as Amended
6. 2014 -147
Approving the Notice of Completion for the Eastside Trunk Sewer
Phase lI and Directing the City Engineer to File the Same
7. 2014 -148
Authorizing and Approving the Second Amendment to the Antenna
Site License Agreement with New Cingular Wireless PCS, LLC, for
a Telecommunications Tower Located at Benicia Park, 7471 Bernice
Avenue (APN 143 -160 -008) and Finding Such Action Exempt from
CEQA
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council/Rohnert Park Financing Authority /Successor Agency Page 3 of 7
8. 2014 -149 Authorizing and Approving (1) Administrative Services Agreement
— Flexible Benefits, (2) Mutual Business Associate Agreement and
(3) A City of Rohnert Park Flexible Benefits Plan with Healthcomp,
a Third Party Administrator, to Administer Health Flexible Spending
Accounts and Dependent Care Flexible Spending Accounts
o T 2014 150 n tl ,,.frog „n,a nppr-o ing Changing City of Ro hneft D�rlr
zar
Medicare Ret;ree DreseFiptio Drug Plan Vendor f'ro,,�
G�VS/C cr einar� to Effective r °b "' y 1, �
(PULLED by Callinan)
ACTION: Moved /seconded (Belforte /Stafford) to approve the Consent Calendar.
Motion carried unanimously by the following 5 -0 vote: AYES: Belforte,
Mackenzie, Stafford, Ahanotu, and Callinan, NOS: None, ABSTAINS:
None, ABSENT: None.
C. City Council Resolutions for Adoption:
9. 2014 -150 Authorizing and Approving Changing City of Rohnert Park
Medicare Retiree Prescription Drug Plan Vendor from
CVS /Caremark to Express Scripts Effective February 1, 2015
City Manager Jenkins presented the item. Recommended Action(s): approve the
resolution which authorizes and approves changing the City of Rohnert Park
Medicare Retiree (65 +) Prescription Drug Plan vendor from CVS /Caremark
( "Caremark ") to Express Scripts, a Medical Part D plan, effective February 1, 2015.
ACTION: Moved /seconded (Callinan /Stafford) to approve Resolution 2014-
150.
Motion carried unanimously by the following 5 -0 vote: AYES:
Belforte, Mackenzie, Stafford, Ahanotu, and Callinan, NOS: None,
ABSTAINS: None, ABSENT: None.
6. CLOSED SESSION
A. Mayor Callinan made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 5:35 pm in Conference
Room 2A to Consider:
1. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
2. Conference with Real Property Negotiators (Government Code §54956.8)
Property: 309 Burton Avenue (APN: 143 - 252 -005)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Kristen Kern, julie Souza, Peter Hall, Brook Terhune, Phil
Holt, or Berth., Medina (Souza and Medina are considered rescinded)
Under Negotiation: Price and Terms
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council/Rohnert Park Financing Authority /Successor Agency Page 4 of 7
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 6:15 pm
C. Mayor's Report On Closed Session (Government Code § 54957.1)
No reportable action.
Council member Stafford left the meeting at 6:15 pm
7. PUBLIC HEARING: (NO EARLIER THAN 6PM — Noticed 10/31/2014)
Consider Appeals of Planning Commission Certification of the Final Environmental
Impact Report, Certification of the Partially Recirculated Final Environmental
Impact Report, Approval of the Site Plan and Architectural Review Application,
and Approval of the Sign Program Application for Walmart Store Expansion
Project
Director of Development Services Ponton presented the item. Leonard Reporting
Services, license No. 11599, provided transcription services. Reporter's Transcription
attached. Consultants Grant Gruber and Greg Tonkovich, Michael Brandman Associates,
and Zack Matley, W- Trans, were present. Recommended Action(s): Deny the appeals
and affirm the Planning Commission's decisions to certify the Rohnert Park Walmart
Expansion Project Final Environmental Impact Report ( "Final EIR ") and Partially
Recirculated Final EIR ( "PRFEIR ") and to approve the Site Plan and Architectural
Review and Sign Program applications (collectively, the "Entitlements "). This action
would result in the approval of the Walmart Expansion Project. In order to take this
action, the following motions were required: A) Adopt Resolution Denying the Appeals
to the August 14, 2014 Decisions, Certifying the Final Environmental Impact Report and
Partially Recirculated Final Environmental Impact Report, Adopting Statement of
Overriding Considerations and Mitigation Monitoring and Reporting Program for a
Walmart Expansion Located at 4625 Redwood Drive, Rohnert Park, CA. B) Approve
Resolution Approving the Site Plan and Architectural Review for a Walmart Expansion
Located at 4625 Redwood Drive, Rohnert Park, CA. C) Approve Resolution Approving
the Sign Program for a Walmart Expansion Located at 4625 Redwood Drive, Rohnert
Park, CA.
Assistant City Attorney Visick discussed the process, addressed the Atwell Appellants'
objections to the noticing process, and provided possible options:
1) Offer a continuance as requested from the Atwell Appellants to address any concerns
they have about prejudice from the notice they were given.
a. Continue tonight's hearing to a date certain at least 30 days out and take
testimony tonight from anyone who cannot attend; or
b. Continue tonight's hearing to a date certain at least 30 days out and take no
testimony.
2) Do not continue the hearing and move to the merits of the issues presented by the
appeal tonight.
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council/Rohnert Park Financing Autliority /Successor Agency Page 5 of 7
Hearing Opened Pertaining to the Option of Continuing the Public Hearing 6:23 pm
Those in favor of continuing the public hearing: Lorin McCann; Rick Luttmann prefers a
date after the holiday's; Marty Bennett, Co -chair of North Bay Jobs with Justice, spoke to
the request for a 30 -day extension to respond to the appeal, Nancy Atwell's agreement if
certain conditions were met, the appeal extended beyond the period required by the
municipal code, objection to the project on the basis of the General Plan, and prefers the
first or second Council meeting in January; and Nancy Atwell (appellant) spoke to her
agreement to extend the response time if she were provided a 30 day advance notice of
the hearing date and supports a date in January.
Hearing Closed 6:31 pm
ACTION: Moved /seconded (Callinan /Mackenzie) to continue the Public Hearing to
January 13, 2015 and take testimony from those who want to speak
tonight.
Motion carried unanimously by the following 4 -0 -1 vote: AYES: Belforte,
Mackenzie, Ahanotu, and Callinan, NOS: None, ABSTAINS: None,
ABSENT: Stafford.
Hearing Opened Pertaining to the Appeals 6:40 pm
In Support of Dente t�ppeal: Jo Caulk stated she likes to shop at expanded Walmart
stores; they provide additional employment and bring business to town; Kelly Scullion,
Director of Rohnert Park Chamber of Commerce, stated Walmart is a chamber member
and supports the community; Catherine Sullivan, Walmart Store Manager, spoke to her
experience as an employee; Chris Simmons, Walmart employee, spoke to his experience
as an employee and thinks it is even easier to walk and bike to the store now that the
underpass is open and Walmart is a regional draw which is good for economic growth;
and Tina Hansen -Keys, Walmart employee, spoke to her experience as an employee, and
feels Walmart is part of the community and an expansion will a serve Rohnert Park as it
grows.
In Opposition of Denying the he Appeal: Barbara Gurry stated Walmart has sufficient stores
serving Rohnert Park; Rick Luttmann stated this project is a regional project, expressed
his thoughts regarding the company and the neighborhood store in Mountain Shadows,
and thinks a General Plan violation exists; and David Bailey expressed this thought
regarding the company and does not think it will create jobs or support the community.
Hearing Closed 6:56 pm
Councilmember Mackenzie stepped away from dais 6:57 pm and returned 7:02 pm
8. Health Action Update for Discussion and Direction
Assistant City Manager Schwartz presented the item. Recommended Action(s): Receive
report and provide direction.
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council/Rohnert Park Financing Authority /Successor Agency Page 6 of 7
Public Comment in support of raising funds to provide health services in Rohnert Park:
Robin Bowen, Executive Director of the Child Parent Institute, and Pedro Toledo, Acting
CEO of the Petaluma Health Clinic and President of the Hispanic Chamber of
Commerce.
ACTION: City Council supported staff involvement with a goal to obtain funding for
health services for Rohnert Park. (Stafford Absent)
9. Consideration of Amending the City Council Protocols
City Manager Jenkins presented the item. Recommended Action(s): review and discuss
potential amendments to the City Council Protocols and provide direction to amend the
Protocols and bring back for adoption by resolution.
ACTION: Continued to December 9, 2014.
10. STANDING COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports
B. Liaison Reports
1. Water Advisory Committee, 11/3
City Engineer Pawson reported on the briefing received regarding the August 24,
2014 Napa earthquake response; Rohnert Park fared well in the gallons consumed
per day (GCPD) state report; and the region (Sonoma Marin Water Saving
Partnership) won the 2013 EPA WasterSense Excellence Award.
2. Golf Course Oversight Committee, 11/4
Mayor Callinan reported the Committee, by vote, agreed something needs to be
done on the South Course on the 4th and 6"' hole to replace the bridge. Course Co
is looking to the City to take action. Mayor Callinan would like the City Manager
to look into what can be done to replace the bridge.
C. Other Reports
11. COMMUNICATIONS
Mayor Callinan announced the City's Veterans Day celebration at the Community Center
at 11:00 am.
Mayor Callinan attended a presentation at an elementary school and distributed a
communication he received from a student.
12. MATTERS FROM /FOR COUNCIL
A. Consideration of canceling the December 23, 2014, Regular City Council Meeting
ACTION: Moved /seconded (Mackenzie /Belforte) to cancel said meeting.
Motion carried unanimously by the following 4 -0 -1 roll call vote:
AYES: Belforte, Mackenzie, Ahanotu, and Callinan, NOS: None,
ABSTAINS: None, ABSENT: Stafford.
City of Rohnert Park Joint Special Meeting Minutes November 10, 2014
for City Council / Rohnert Park Financing Authority /Successor Agency Page 7 of 7
13. PUBLIC COMMENTS
Mr. Goldberg requested Council agendize reinstating the senior and veterans discount on
utility bills previously available.
14. ADJOURNMENT
Mayor Callinan adjourned the joint special meeting at 8:10 pm.
l
nne Buergler, City Clerk
rty of Rohnert Park
! E
Amy O. Ahanotu, TWayor
City of Rohnert Park
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CITY OF ROHNERT PARK
CITY COUNCIL
- -- 000 - --
MONDAY, NOVEMBER 10, 2014
JOINT REGULAR MEETING
REPORTER'S TRANSCRIPT OF PROCEEDINGS
FOR AGENDA ITEM No. 7
CONSIDER APPEALS OF PLANNING COMMISSION CERTIFICATION
OF THE FINAL ENVIRONMENTAL IMPACT REPORT, CERTIFICATION
OF THE PARTIALLY RECIRCULATED FINAL ENVIRONMENTAL
IMPACT REPORT, APPROVAL OF THE SITE PLAN AND
ARCHITECTURAL REVIEW APPLICATION, AND APPROVAL OF THE
SIGN PROGRAM APPLICATION FOR WALMART STORE EXPANSION
PROJECT
CITY OF ROHNERT PARK
130 Avram Avenue
Rohnert Park, California 94928
REPORTED BY: KATY LEONARD, CSR
Certified Shorthand Reporter
License No. 11599
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I N A T T E N D A N C E
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MAYOR JOSEPH T. CALLINAN
VICE MAYOR AMY 0. AHANOTU
CITY COUNCIL MEMBER GINA BELFORTE
CITY COUNCIL MEMBER JAKE MACKENZIE
CITY COUNCIL MEMBER PAM STAFFORD - (Excused early due
to illness)
CITY MANAGER DARRIN JENKINS
ASSISTANT CITY ATTORNEY MATTHEW VISICK
INTERIM DIRECTOR OF DEVELOPMENT SERVICES MARILYN PONTON
CITY CLERK JOANNE BUERGLER
GRANT GRUBER, FIRSTCARBON SOLUTIONS, INC.
GREG TONKOVICH, FIRSTCARBON SOLUTIONS, INC.
ZACHARY MATLEY, W -TRANS
DEBORAH E. QUICK, ESQ., MORGAN, LEWIS & BOCKIUS LLP
ERIC CRABB, DESIGN ENGINEER, PACLAND
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STAFF REPORT
PUBLIC HEARING
COUNCIL DELIBERATION
PUBLIC HEARING
COUNCIL DIRECTION
I N D E X
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PAGE
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P R O C E E D I N G S
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MONDAY, NOVEMBER 10, 2014
AGENDA ITEM No. 7
6.13 P.M.
MAYOR CALLINAN: We are moving on to Item No.
7, the Public Hearing.
Mr. City Manager, Staff Report.
CITY MANAGER JENKINS: Yes.
Mayor and Council, this item is to consider
Appeals of Planning Commission Certification of the
Final Environmental Impact Report, Certification of the
Partially Recirculated Final Environmental Impact
Report, Approval of the Site Plan and Architectural
Review Application, and Approval of the Sign Program
Application for Walmart Store Expansion Project.
And we have our Director of Development
Services, Marilyn Ponton, here to give the report.
MAYOR CALLINAN: Thank you.
Before we do that, though, I just forgot -- I
wanted to mention, we have -- Council Member Pam
Stafford went home sick tonight. So, if anybody was
wondering. I hope she feels better.
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Okay. Thank you very much.
STAFF REPORT
INT. DIR. OF DEV. SVCS. PONTON: Thank You,
Mr. Mayor, and good evening, Council Members.
Before I make the presentation, I would like
to introduce the staff that is with me this evening.
Member of our environmental team, Mr. Grant Gruber and
Mr. Greg Tonkovich, and Mr. Zack Mately. So, they are
available for questions if need be. So, I wanted to
introduce who was here at the staff table tonight.
This evening, I'd like to make a presentation
regarding the appeals of the Planning Commission
Certification of the Final Environmental Impact Report,
Certification of the Partially Recirculated Final
Environmental Impact Report, Approval of Site Plan and
Architectural Review, and Approval of the Sign Program.
These approvals were heard and submitted for
Council consideration by the Planning Commission in
August of 2014.
I will just give you a brief overview of the
Project, as you've heard it some years ago. Additional
requests for 35 -- approximately 35,000 square feet of
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the building area to the existing Walmart facility on
Redwood Drive.
The addition would expand the store to include
food service, pharmacy, photo area, groceries, separate
loading docks, stock areas, and expansion of the garden
center. It would also include outdoor seasonal sales.
The store operation hours would increase to 24
hours a day, and employment would increase approximately
an addition of 85 jobs.
So, that's a little background on the project
itself.
This evening, we are considering two matters.
The first appeal is from Mr. Mark Wolfe, and I'll
briefly touch on what those issues were.
The appeal cited three areas of deficiency
that were related to noise analysis in the EIR relating
to project- specific and cumulative noise impacts, a
question on where noise measurements were taken as far
as the Project study, and noise standards, how they
apply to hotels on Redwood Drive.
The second appeal from Ms. Nancy Atwell on
behalf of a group of appellants, including Matt
Weinstein, Ms. Jones, and Ms. Craven, and herself,
related to Project -- proposed Project inconsistencies
to General Plan related to urban decay impacts.
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ASST. CITY ATTORNEY VISICK: Thanks, Marilyn.
So, after the appeals were filed, the City
requested relief from the requirement under its Muni
Code that it needs to hear the appeal within 60 days.
We asked both appellants for that relief.
The Sierra Club and Sonoma County Conservation
them the Atwell appellants -- Nancy Atwell and the other
appellants with her -- agreed but asked for 30 days
notice of the appeal hearing.
The City sent out notice of tonight's hearing
on October 24th, and several days later, we received
from the Atwell appellants an objection as to the amount
of notice that was given.
So, the first question that the Council needs
to address tonight is whether to offer a continuance as
it has been requested by the Atwell appellants to
address any concerns that they have about prejudice from
the notice that they were given.
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Council has three options for how to address
this issue. The first would be to continue the
hearing -- tonight's hearing to a date certain at least
30 days out, but to take testimony tonight from anyone
who would not be able to attend the further hearing.
The second would be to continue tonight's
hearing to a date certain at least 30 days from tonight,
and then continue the entire hearing that date, not take
any testimony tonight.
And then the third would be to not continue
the hearing, and move to the merits of the issues
presented by the appeal tonight.
The City Attorney's Office would recommend to
the Council that it deliberate on whether to continue
the hearing first before reaching issues having to do
with the merits of the appeal.
To that end, the Council should limit the
testimony and public comment to the issue of whether or
not to issue a continuance and take testimony from the
appellants and the Applicant and hear public notice
limited to that issue, then bring that -- bring this
matter back to the Council to make a determination about
whether to continue the hearing, if so, what date to
continue the hearing to, and whether to take testimony
and comment tonight, or whether to continue the entire
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hearing out to that further date.
MAYOR CALLINAN: Okay.
So, the first thing we need to do is decide if
we want a continuance or not; correct?
ASST. CITY ATTORNEY VISICK: Correct.
I would suggest that the Council limit
testimony and public comment to just that issue.
MAYOR CALLINAN: So, do we open public comment
first to that, or do we decide first or --
ASST. CITY ATTORNEY VISICK: Initially --
MAYOR CALLINAN: So, we're going to open
public comment for that; is that what you're saying?
ASST. CITY ATTORNEY VISICK: Initially, I
would expect that the appellants and the Applicant for
the Project would be able to offer any testimony on that
issue. Not to give prejudice on that, the best thing is
to follow that.
MAYOR CALLINAN: Okay.
And I do have two of those cards here, I
believe, so I'm going to go ahead and open the Public
Comment then.
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PUBLIC HEARING
MAYOR CALLINAN: And as you just heard, I've
got many cards here, so I'm going to try to weed through
these and try and decide who is exposed -- opposed to or
for Walmart.
We're talking about the continuance now first;
correct?
ASST. CITY ATTORNEY VISICK: Correct.
MAYOR CALLINAN: So -- and as I read your
name, I'm going to go ahead and read your name first.
And then, if you want to come up and say a couple of
words about continuance or not, that's fine. But if you
oppose it or you're for it, if you want to hold those
comments, then we'll come back to those; okay?
So, instead of me trying to guess if that's
what you're wanting to talk about, I'm going to go ahead
and read your name, and then you make that call. If you
want to come up and speak, you're welcome to speak on
that certain item.
So, we're gonna go with Barbara Gurry.
MS. CURRY: I'm here.
MAYOR CALLINAN: Okay.
Did you want to speak on this or no -- on us
having a continuance or not?
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So, it's not about -- you're not going to come
up and say, "I oppose Walmart," "I'm for Walmart." It's
just about us deciding if we want a continuance or not,
and if you have any comments on that.
MS. CURRY: No, I don't.
MAYOR CALLINAN: Okay. Very good. Thank you.
Jo Caulk.
MS. CAULK: No comment on this.
MAYOR CALLINAN: No comment. Okay. Thank you
very much.
Lorin McCann.
MS. McCANN: I'll say a couple words.
MAYOR CALLINAN: All right. Thank you.
And just state your name and your address for
the record, please.
MS. McCANN: Sure. Lorin McCann, 4816 Fairway
Drive.
And I'll just say that I would like to have a
continuance. We kind of found out about this last
minute. I know several family members wanted to be here
as well, but there was such little notice that they
weren't able to be here. So, I would just like to put
it into the record that we would love to see this
extended to a reasonable amount of time.
MAYOR CALLINAN: You got it. Thank you very
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much for your comments.
So, next, Kelly Scullion. Is Kelly --
MS. SCULLION: No comment.
MAYOR CALLINAN: No comment. All right.
Rick Luttmann.
MR. LUTTMANN: Thank you. I'm Rick Luttmann
at 917 Dorine Avenue in Rohnert Park.
I strongly support the proposal to continue
this hearing to a later date, at least 30 days out and
preferably after the holidays, because there are many
people who are going to be distracted by the usual
holiday activities.
I think there's both a legal and a practical
reason for this continuance. We've heard the story from
the Assistant City Attorney about Ms. Atwell's appeal
and the legal complications that arise from that
respecting the agreement with her.
There are many, many people and organizations
in Sonoma County that -- as well as Rohnert Park that
oppose this Project, and there's not very many of them
here tonight because we had very short notice. Even our
attorney is not able to be here tonight.
Bear in mind that a few years ago when this
matter came up before, we had 2500 people in Rohnert
Park fill out postcards opposing the Project. There are
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many organizations -- the Sierra Club and the Sonoma
County Conservation Action have been mentioned. There's
also Jobs With Justice. There's North Bay -- the North
Bay chapter of Jobs With Justice. There's several units
from Sonoma State. The Associated Students have spoken
about this. So has the Academic Senate, and so has the
California Faculty Association.
All these voices would benefit from having a
larger amount of time before the scheduled hearing so
that they could prepare to be here.
Thank you.
MAYOR CALLINAN: All right. Thank you,
Mr. Luttmann.
Marty Bennett.
MR. BENNETT: Yes. My name is Marty Bennett.
I live at 19167A Robinson Road in Sonoma, and I'm
cochair of North Bay Jobs With Justice. I have a very
brief prepared statement on this specific issue.
One of our members, Nancy Atwell, who will
address you in a minute, on August 25th filed an
appeal to the City Council of the Planning Commission's
approval of the revised EIR. And that was on
August 25th
On September 5th, Planning Director Marilyn
Ponton requested of Ms. Atwell a 30 -day extension to
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respond to the appeal.
On September 11th, as requested, Ms. Atwell
replied that we would permit an extension as long as the
City, quote, confirms our ability [sic] for any proposed
hearing date before setting the hearing, and notify us
quote.
The City did extend the period to process the
appeal beyond the 60 -day period required by the City
Municipal Code. However, Ms. Atwell and our coalition
appeal.
We received a voice mail on October 24th --
Mr. Luttmann did -- from the planning staff about the
November 10th City Council hearing.
And finally, we do have major objections to
the Project, particularly on the basis of the General
Plan. We do feel failure to provide the 30 -day agreed
upon advance notice deprives our coalition of a fair
hearing and our ability to adequately present our
objections to the Project.
So, we do urge you to please continue this and
reschedule it for at least 30 days out. We would prefer
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January,
because we think
the holidays are
so
challenging
for folks to
come to meetings,
and many
people are
out of town.
So, our preference
would be the
first or
second meeting of
January.
Thank you.
MAYOR CALLINAN:
And did you get
that for the
record;
right?
So, our next witness,
Debra Avanche.
MS. AVANCHE: No
comment.
MAYOR CALLINAN:
No comment. You
got it.
Myrna Spiegler.
MS. SPIEGLER:
No comment.
MAYOR CALLINAN:
No comment.
Dave Bailey.
(No response)
MAYOR CALLINAN:
No Dave Bailey,
so no
comment.
Okay. Nancy Atwell.
MS. ATWELL: Hi. Nancy Atwell, Gary Court,
Rohnert Park.
First, I want to say I thank staff who have
been very helpful and professional, and I very much
appreciate that. This is all new for me.
As Marty said, on September 11th I sent and
responded to a request for an extension of the hearing,
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and I agreed to it with the stipulation that -- that I
would be provided 30 days' advance notice of the hearing
date so I could prepare.
Having had no response on that, other that --
I assumed and counted on a 30 days prior to prepare.
As also stated, there hasn't been time to get
to other people who are interested in this issue and to
mobilize them and to have them be here tonight. There
just wasn't the time.
I think it should be extended at least 30
days, and I'd like to comment at this point, in
extending that, I'm fine with the January dates, but I
have concerns if the 30 days is right in December,
that's right in the middle of a whole bunch of holiday
seasons. It's holiday season for a lot of different
religions and et cetera, and families and so forth, and
it might be hard for people to attend at that point.
So, I would request in a continuance that it
might be to January, your choice of dates. So --
there's just no time to mobilize.
Thank you very much.
MAYOR CALLINAN: All right. Thank you.
Beth Craven.
MS. CRAVEN: No comment.
MAYOR CALLINAN: No comment. All right.
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So, nobody else filled out a card, so I'm
going to go ahead and close Public Comments.
COUNCIL DELIBERATION
MAYOR CALLINAN: So, I guess we need a motion
or a decision on either to continue or move forward
tonight.
ASST. CITY ATTORNEY VISICK: I would recommend
that Council bring back and deliberate about which of
the options they would prefer -- whether to continue; if
to continue, then to what date; and whether or not to
take testimony and public comment on the merits of the
appeal tonight, or to postpone all testimony and comment
on the merits of the appeal until the continued date.
MAYOR CALLINAN: Okay. Got it.
Okay. So, we're looking for some motions
here. And I'm going to go ahead and make a suggestion,
and maybe Council can confirm or not confirm.
I think that with what we have to deal with
tonight, it's something that's been going on for a long
time. We've been working on this for -- well, since I
was a Planning Commissioner a long time ago. So, I
don't think that the dilemma is if we do it tonight.
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I think that we give the opportunity to move
this forward for at least 30 days. And I do agree with
Ms. Atwater [sic], December is probably not a good month
for any of us, including City Hall staff. I don't think
it would be fair to our City Hall staff to ask them to
come back in that time of year.
So, I would think that we would move it to our
first meeting in January. And that is January 13th
is that correct?
But I would like to hear all the comments that
are -- people that are here tonight, if there are some
comments that people have to make, because for some
unknown reason they may not be able to make our
January 13th meeting, and I'd like it for the record.
If there are some comments that they want to make, we
can address that tonight or at least listen to them and
have it on for the record.
So, I'll go ahead and make that motion that we
move this or
ASST. CITY ATTORNEY VISICK: Continue.
MAYOR CALLINAN: -- continue. Kind of silly
to continue, because to me, continue means let's
continue on tonight, but that's not what we're doing.
If we are going to continue on, I would make a
motion that we continue till January 13th, but we
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listen to all the comments of anybody that wants to
speak tonight.
COUNCIL MEMBER MACKENZIE: I'll second that
motion, Mr. Mayor.
MAYOR CALLINAN: All right.
Any conversation? Any comments from anyone?
COUNCIL MEMBER MACKENZIE: Yes.
MAYOR CALLINAN: Okay. Mr. Mackenzie.
COUNCIL MEMBER MACKENZIE: I think the
suggestions that were offered to us by our Assistant
City Attorney laid out the possibilities that were in
front of us.
I think we've heard from appellants that they
would at least in terms of the process and when the
hearing should be continued to -- that a date in January
would be preferable to them.
I think this shows that we, if we approve this
motion by selecting the date of January 13th, remove
any shadow of a doubt, that the City Council wishes to
make certain that the appellants have the proper time to
marshal the arguments and the personnel that they might
like to have testify in front of us.
So, I'm very comfortable with the first part
of the motion, the second part of the motion, and
just in exactly the same tenor, make certain that those
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people who have come and, I'm sure, at, not discomfort,
but, you know, with some difficulty to rearrange their
schedules to be here for an evening hearing -- that if
they so wish, they can testify on this matter tonight in
the properly assembled Public Hearing with the Court
Reporter making sure that their comments are properly
noted. And then they will not have any need to come
back and testify on January the 13th, and they will
also have the ability, as one of our public commenters
stated, to notify family, friends, and trusted parties
of the fact that over 30 days from now, on
January 13th, there will be this opportunity. And so,
to me, it removes any shadow over the process.
The substance of these matters are a
completely different subject, and we'll get to them, no
doubt, Mr. Mayor. But I think the motion is well
stated, and I was pleased to second it.
Thank you.
MAYOR CALLINAN: Any comments?
COUNCIL MEMBER BELFORTE: Yeah. Real quickly.
I think that we should continue it. I think
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And so, since this is kind of a -- in some
cases can be seen as a divisive issue, I think that we
should go ahead and make sure everybody has the
opportunity to speak and be heard. So, I have no
problem continuing it.
I do think, though, that anybody that wants to
testify tonight or speak either for or against Walmart
should feel free to do so knowing they don't have to
come back a following time, that everything is going to
be recorded. We'll be able to reread it. It's not
gonna be discarded because it comes back another time.
It will be considered for the next meeting that we do
have.
Since the appellants are saying that January
is a good time, I'm fine with January. I think the
holidays are a difficult time.
It seems that we're actually working and
communicating well with one another. I'd like to keep
that going.
I do want to take into concern everybody's
comments that they have. And I don't take it lightly
what we're doing. I think it's very important, because
this is something that's gonna impact Rohnert Park and
our residents. So, to be as transparent and as open as
possible, I think it's critical that we go ahead and
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continue this.
MAYOR CALLINAN: Mr. Vice Mayor, do you have
any comments?
VICE MAYOR AHANOTU: Yes. I do agree with the
two Council Members. This is an important process that
I want to make sure that everyone's right to expression
is protected.
So, I'm going to support the date certain,
January 13th, that date, and also give anyone here the
opportunity today to address Council if that person
feels that it's necessary at this time.
Also, don't forget that you can always come
back the 13th and make your feelings known.
So, I do agree with the two Council -- in
fact, the three Council Members' protection of free
expression. And hopefully, anyone who is here today can
come up and address the Council.
Thank you.
MAYOR CALLINAN: All right.
So, it looks like we have direction. I'm
gonna make a motion. Before I do, I just -- I want to
end it by just saying, we're not leaning one way or
another. This is just so we have very clear -- we have
clarity.
When we come back on January 13th and we
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make a decision, I don't want to see this come about in
front of this Council again. We've been working on this
way too long. Way too long. So, I see that there is
going to be a decision that night -- yes, no, whatever
it. January 13th we can put it to bed.
I think that we're gonna -- we're trying to do
this to protect both the citizens and Walmart. Walmart
has been waiting. It's gonna be three months. It will
be five months by the time they get to hear this. So,
it's been a while. They are due their process. So --
and I think the citizens are too.
So, we're doing this the best we can. So,
January the 13th there will be a decision; okay?
So, we have a first, a second.
All those in favor?
(Council Members vote.)
MAYOR CALLINAN: We have a 4- zero -1 count.
PUBLIC HEARING
MAYOR CALLINAN: With that, now, so, I'm going
to go ahead and open this back up. We're going to open
up Public Comments.
So, now, the people that want to speak -- and
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I don't remember if you're on there or not, but I'm
going to go ahead and open Public Comments. So, anybody
that wants to speak, if you haven't filled out a yellow
card, feel free to fill out a yellow card and bring it
forward to our City Clerk.
So, I'm going to go back to Barbara Gurry.
Did you want to speak now?
MS. GURRY: Okay.
MAYOR CALLINAN: Okay.
So, you go up to the podium and you give your
and your address, and you will have three minutes.
I don't have a gun behind me, so if you go
over, I probably won't shoot you. So, just try and keep
it at three minutes.
MS. GURRY: Hi. I'm Barbara Gurry, and I've
been a Rohnert Park resident for 20 years.
I'm here to urge you to reject Walmart's
repeated attempt to expand their store. We already have
seven stores to serve our Rohnert Park residents right
now, which I think is sufficient.
They have already -- they recently built a
store in the Mountain Shadows Shopping Center, as well
they have a store over across the freeway. So, they are
well represented in Rohnert Park.
So, I appreciate your consideration. This was
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all I had time to prepare for today.
Thank you.
MAYOR CALLINAN: You got it. Thank you very
much, Barbara.
I'm going to put those in the back of the
pile.
All right. Next we have Jo Caulk.
MS. CAULK: Thank you.
My name is Jo Caulk, and I live the 6054 Donna
Court, and I'm very happy to be living in Rohnert Park.
And I love this city.
I would like to see the expanded Walmart be in
the future of our city. I have been to an expanded
Walmart store in Bullhead City, Arizona, and it was a
pleasure to shop there. It was a beautiful store. And
at that time, which has been a few years ago, I wished
we could have one here. So, I am -- I'm really for it.
Now, the second thing, it will provide
additional employment. And I took the time to talk to
several -- well, many, really, employees at Walmart at
various times, and they all seem to be happy working
there. So, I feel good about that. And there will be,
I think, 85, at least, additional employee people for
this new expanded Walmart.
Then, I feel that when people come to Costco,
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they shop other places; okay. When people come to our
expanded Walmart, they're going to shop also at other
places. So, I feel that this is really an asset to
Rohnert Park, because it will bring business to town,
and that's what running a city is all about.
Thank you.
MAYOR CALLINAN: All right. Thank you.
Lorin McCann.
MS. McCANN: Lorin McCann. I'll hold comments
till January.
MAYOR CALLINAN: You'll hold comments till
January. You got it. Okay.
Kelly Scullion.
MS. SCULLION: Good evening. My name is Kelly
Scullion. I'm at Holly Avenue in Rohnert Park. I am
the Director of the Rohnert Park Chamber of Commerce.
I found out about the meeting today and still
made it. What I wanted to find out is, if I put on
public record today, does that mean that I am not
speaking on behalf of Walmart the next time.
MAYOR CALLINAN: No. You can speak at both if
you like.
MS. SCULLION: Okay.
MAYOR CALLINAN: We're just giving everybody
tonight here the opportunity in case they can't be at
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January 13th
MS. SCULLION: Oh. Well, then, I can be here
in January. I support Walmart, and I will be here
whenever they need me.
So, do you want me to state my statement
twice?
MAYOR CALLINAN: You can do whatever you --
MS. SCULLION: So, at the Chamber of Commerce,
our mission is to create an environment in Rohnert Park
in which businesses can thrive economically, socially,
and culturally, and while improving the quality of life
in the community.
As a local Chamber member, Walmart has
continually proven themselves to be a trusted partner we
can rely on in our community, actively engaged with
local, charitable organizations and important civic
causes.
We support Walmart's remodel plans and you
vote to reapprove Walmart's proposal.
Having helped with the ribbon - cutting in the
opening of the neighborhood markets, they've done a
beautiful job in supporting our community. I shop
there. My kids love going. Family shop there, and I've
heard nothing but wonderful, brilliant support of
Walmart.
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So, thank you. I look forward to seeing
everyone in January.
MAYOR CALLINAN: All right.
Rick Luttmann.
MR. LUTTMANN: Rick Luttmann, and I still live
at 917 Dorine Avenue.
I'm concerned that the Planning Commission and
the City Council last time -- this was considered
several years ago -- has taken a very narrow view of
what needs to be checked on before such a project like
this is approved.
The focus is very narrow, and yet there are a
great many issues, and they're of considerable
significance to residents of the community and by the
way of the whole region. It's true that Rohnert Park
gets to vote on this because the project is inside
Rohnert Park, but it's a regional project, and that's
why a lot of groups from Sonoma County are interested in
this.
There are issues involving what kind of
company Walmart is, how it treats its workers, how it
treats its suppliers, where it gets its supplies from.
And I believe all of these things are important and
should be considered.
One of the major issues that I haven't heard
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much about in the current considerations of Walmart's
proposal is the fact that they have now opened a
neighborhood grocery in the Mountain Shadows Shopping
Center. I think this is very significant, and I think
it significantly undermines their case for having a
grocery store over in their current facility.
Several years ago when we spoke about
Walmart's proposal originally, it was we ourselves who
pointed out the necessity of having a neighborhood
grocery in northeastern Rohnert Park and of having an
anchor tenant in Mountain Shadows Shopping Center.
Those are important, and now we have one. It's Walmart.
Frankly, I wish it was somebody else, but it is there,
and now they're still talking about trying to sell
groceries a mile away.
It's clearly not a neighborhood market over
there and -- because there's no neighborhood. Even when
the housing that you have already authorized for the
northwest corner of Rohnert Park is built, there's going
to be maybe a thousand people that live over there.
It's not convenient to a neighborhood. It's definitely
a regional center, and it in that sense violates our
General Plan.
We will have more to say about this at the
January hearing, but we're very much concerned this is a
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violation of the -- of both the spirit and the letter of
the City's General Plan.
Thank you.
MAYOR CALLINAN: Debra Avanche.
(No response)
MAYOR CALLINAN: Myrna Spiegler.
MS. SPIEGLER: I will wait.
MAYOR CALLINAN: You're gonna wait too.
David Bailey.
MR. BAILEY: Yes. Thank you very much.
7347 Castillo Court, David Bailey, and thank
you very much for giving me a few minutes.
I'd like to state my opposition towards
Walmart or for any new Walmart stores or anything going
on.
We've been preaching -- everybody has been
preaching buying local, doing sustainable, you know,
being together with your community. And Walmart, right
now we have consultants that are coming in from out of
town. We have other people who are coming in from away.
And what we're looking at is we're looking at
a group of people who begin to dissolve of inner fabric
of a community. And what they do is they go in, and
you'll see loss of business. And I'm talking what
Robert Reich has been preaching -- Secretary of Labor
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They dissolve
His -- by his numbers, there's an estimate by
U.C. Berkeley that of every job that they bring in,
ultimately only .7 jobs are truly created by Walmart.
So, they come in, and by them dissolving all of the
other small businesses, you end up with the a net of .7
employees for every one employee that was there before.
Also, when -- Secretary Reich, he said that --
and I'm quoting him on this, so sorry about the -- what
he said is that -- and I'm quoting him -- Walmart,
America's largest employer, pays workers a median hourly
wage of $8.80. It doesn't sound like a really
successful, great business that's coming to town. I
said that. He didn't. So, it's hardly surprising that
most have to rely on Food Stamps and Medicaid in order
to lift their families out of poverty. Walmart is the
largest one group that has Medical in the State.
So, these employees that they're bringing
together -- you know, I don't know about these workers,
whether they're higher level or whatever, but Medi =Cal
is a huge subsidy that Walmart workers get, and
that's -- everybody is paying for that.
So, ultimately, are we -- bringing in Walmart,
the cash flows then go out of the community because they
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go to the New York Stock Exchange and to the
shareholders, and it doesn't stay local.
So, with that, do we have a real -- why would
we want somebody like that, like a weed coming into our
community sapping out our -- our -- our great talent,
and then leaving us with less than when [sic] they
originally came from?
So, with that in mind, I am very much against
it and against having people -- consultants from out of
town coming in and getting ready to take the money from
us.
Thank you.
MAYOR CALLINAN: Nancy Atwell.
MS. ATWELL: No. I'll wait. Thank you.
MAYOR CALLINAN: Okay.
Beth Craven.
MS. CRAVEN: I'll wait till January.
MAYOR CALLINAN: Okay.
Chris Simmons.
MEMBER OF AUDIENCE: He's outside with his
children.
MAYOR CALLINAN: You got it.
While we're waiting for him, how about
Catherine Sullivan?
MS. SULLIVAN: Good evening. Thank you for
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hearing me. Catherine
at the Walmart that we
I just wante
Walmart for 12 years.
with Walmart as a job.
by.
Sullivan. I'm the store manager
are actually discussing.
d to say, my -- I've been with
And a lot people start their jobs
It's just something to get them
I myself, 12 years ago, started as a holiday
weekend cashier, but I decided that I wanted to make a
career out of it. And everybody who starts their
employment with Walmart has that same opportunity. It's
what they decide to make out of it.
One of the things I would like to point out is
this year, my store is not hiring temporary associates
for the holidays. We are hiring permanent associates
for the holidays. So, they are not all going to be
losing their jobs December 26th as some of our
competitors are doing.
In addition to which, I have had many, many
associates come to me and say, Why should we come and
speak, because this has been going on for at least eight
years from what I understand. And they don't understand
why the community that they support and they live in
won't support them when it's something that can help
them as well.
That's all I've got. Thank you.
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MAYOR CALLINAN: Mm -hm. Thank you.
Chris Simmons, did you make it in here?
Yes. There he is.
MR. SIMMONS: My name is Chris Simmons. I
live off of Golf Course Drive. Been a resident for
eight years now.
I'm just letting everybody know, I took my
time out tonight to get here. Not too happy about
having to continue till January -- but I'm gonna speak
here and in January -- because it is Veterans' Day.
I'm an eight -- I served my country for eight
years, and I'm here on behalf of Walmart, because I've
been an employee since 2008.
I'm a former State Farm employee. I got laid
off in 2011. If it wasn't for Walmart, I would have
been jobless and have to move out of Rohnert Park.
Comments made about money being left --
leaving the community, I shop in Rohnert Park. I love
Rohnert Park. Last time I told everybody I shop at
Target. I went to Target last week. My money gets
spent here in Rohnert Park.
It's -- couple points I'm just going to bring
up really quick. I read an E -mail from Rick Luttmann
pointing out point 3 that accessibility by bicycle and
short car trips on foot.
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From my house, it's about a little over a
mile. I can walk. I can ride my bike. There's
crosswalks. Now that we have the underpass through Golf
Course, it's easier accessibility, and it is a short car
trip. It's the same distance as Safeway and everything
else.
And point 2, he also brought up that it's a
regional draw. Well, we want to bring more business to
Rohnert Park. And as -- another speaker said that other
people are going to shop elsewhere. They are.
We brought in 99 Cents Store. Was that not a
regional draw, bringing more business in to Rohnert
Park?
You can go to 99 Cents Store. People are
going to go to Target. We also have Big Lots, you know.
And so, I support the expansion of Walmart,
not just because I work there, but because it's a good
economic -- for good economic growth.
And, I mean, if it wasn't for Walmart, my
family would have had to move out of Rohnert Park.
And for the people that are talking about
everybody is on Medical and everything, when I lost my
job at State Farm, my wife and I did apply for it, and
we were denied because we made too much money and we
worked too many hours, and that's working part -time
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jobs.
Thank you.
MAYOR CALLINAN: All right. Thank you.
Tina Hansen -Keys.
MS. HANSEN -KEYS: Good evening, everybody. My
name is Tina Hansen -Keys. I've been a part of the
Rohnert Park community for 43 years. I've worked at
Walmart for 23 years.
Kind of basically, when I was 16 years old, I
used to clean offices' buildings, and there was actually
a lay -out of Rohnert Park expanding -- back when I was
16. And I couldn't believe, growing up, when I was like
a little kid, how Rohnert Park was going to grow.
So, still seeing it grow to this day, because
we are now building more houses and everything else like
that -- that expanding Walmart to a grocery center would
actually help with those homes that are being built in
the community.
And actually, when other people come in to the
town to shop, they will have other resources to go to
the movies, go to dinner places, stuff like that.
Walmart is not just a box store either. It is
part of the town. Growing up here and being with the
store so long, I've watched kids grow up and now in
college and having kids of their own. And they still
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come back and, you know, show pictures of their kids and
their grandkids and everything like that.
Also, with being in the neighborhood, now the
seniors who used -- I grew up with their kids, they come
to Walmart for exercise. When it's too hot outside or
when it's raining, they've actually come and walked the
aisles of Walmart. And they actually can tell me where
the product is better than I can.
So, it's not just, you know, a box store.
People come in there to have their coffee and visit and
walk around and talk with their neighbors. So, I am for
the expansion.
Thank you.
MAYOR CALLINAN: All right.
So, I have no more cards. I'm going to go
ahead and close Public Comments.
COUNCIL DIRECTION
MAYOR CALLINAN: So, with that, I think we
have direction, and we're moving forward on to our next
item.
Is that the way I read it?
ASST. CITY ATTORNEY VISICK: (Nods
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affirmatively)
MAYOR CALLINAN: All right. I'm going to go
ahead and move on to Item No. 8.
(Whereupon, at 6:56 p.m., the portion of the
Joint Regular Meeting of the Rohnert Park
City Council for Agenda Item No. 7 was
concluded.)
- -- 000 - --
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CERTIFICATE OF REPORTER
I, KATY LEONARD, a Certified Shorthand
Reporter, hereby certify that the foregoing proceedings
were taken in shorthand by me at the time and place
therein stated, and that the said proceedings were
thereafter reduced to typewriting, by computer, under my
direction and supervision;
And I further certify that I am not of counsel
or attorney for either or any of the parties to said
matter, nor in any way interested in the outcome of
the cause named herein.
DATED: November 30, 2014
KATY LEONARD
Certified Shorthand Reporter
License No. 11599
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