...gotta get me one of those Ultra-Lites. THANKS, BIM!
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| Photo by Bim |
Thursday, October 16, 2014
WEST OF SEBASTOPOL...
All I can say is...
...gotta get me one of those Ultra-Lites. THANKS, BIM!
...gotta get me one of those Ultra-Lites. THANKS, BIM!
Wednesday, October 15, 2014
STREET PAINTING AT THE BARLOW...
Here's a link to pics from that great day. If you haven't seen this artwork, get down to the Barlow...
https://vbccittaslowmuralproject.shutterfly.com
https://vbccittaslowmuralproject.shutterfly.com
Monday, October 13, 2014
BIKE TRAILS...
Here are three videos proposing bike trails throughout Sebastopol. Take a look. As always, if you think it's a good idea, contact the City Council and let them know at the addresses below...
http://www.youtube.com/watch?v=ZdFszIiUeoY&list=PL3Gs765GiOGRk8sxnTSfkJRIAXkSQjf_Q
Sebastopol City Council:
http://www.youtube.com/watch?v=ZdFszIiUeoY&list=PL3Gs765GiOGRk8sxnTSfkJRIAXkSQjf_Q
Sebastopol City Council:
Robert Jacob, Mayor
(707) 537-5800
11/2016
Mary Gourley, CMC,, City Clerk
(707) 823-1153
(707) 823-1135
CVS WRAP-UP...
Please note:
There is a correction below provided by Councilmember John Eder.
The Process From the Beginning
There is a correction below provided by Councilmember John Eder.
The Process From the Beginning
On June 14, 2011, Sebastopol's Planning Commission voted 4-2 to reject the proposed CVS Project. No findings were submitted to the City Council to explain the bases for this lopsided vote.
In a digital recording of that meeting, the vote's aftermath was chaotic. A Planning Commissioner can be heard pleading for the PC Chair to recognize the need for the Commission to provide "comments" for transmission to the City Council. Neither the PC chair Colin Doyle nor Planning Director Kenyon Webster responded to that Commissioner's series of requests. (Note: the Vice Chair of the Commission, who co-chaired that meeting, is married to Kathleen Shaffer, one of the Council members who supported the project),
At the City Council meeting of July 5, 2011, that continued to early the next morning three Council members (Guy Wilson, Kathleen Shaffer, and Patrick Slayter) rejected pleas to send the issue back to the Planning Commission with a request for findings to explain the vote. During a break in that meeting, I approached the traffic study consultant and challenged the fact that The Barlow’s impacts were not properly factored into the study. He told me that the Planning Director set the geographic parameters of the study, and since The Barlow had not yet applied for a permit, it did not have to be considered.
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| Kathleen Shaffer |
The highlighted statement above is incorrect in Helen's article.
Please note: During this election, people have been suggesting that if Patrick had not voted "yes", and therefore being the third vote in favor, then the MND would not have been approved (and, therefore, he is "at fault"). His vote that evening was inconsequential as to whether it was approved or not- there were already three affirmative votes. I have been more than happy to correct this historical inaccuracy for people.
Patrick Slayter's vote on July 5, 2011 was inconsequential - there were already three affirmative votes- Wilson, Shaffer and Kyes. Sarah Gurney was the sole "NO" vote.
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| The Barlow |
“CEQA Guidelines for Cumulative and Indirect Impacts” state: Section 15355 "Cumulative impacts" refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time (emphasis added).
The CC instead overturned the PC recommendations and approved a Mitigated Negative Declaration (MND) on a 3-2 vote. Gurney and Kyes dissented and requested modifications to the design and retained jurisdiction over final design details. The MND was based on the false premise that the project's environmental impacts were not sufficient to warrant a full-blown environmental impact report.
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| Michael Kyes, Sarah Glade Gurney |
John Kramer and I felt that the CEQA Guidelines were clear and unambiguous and that a bona fide EIR would result in a finding of “no project”. On August, 2011, we formed the group “Committee for Small Town Sebastopol” and sued the CVS proponents, charging that the Mitigated Negative Declaration was invalid because it had been based on a flawed traffic impact study that did not consider impacts of The Barlow or the traffic beyond High St. to the west, and Fanning to the south on Hwy 116.
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| Map |
Also during August the project was rejected by the City's Design Review Board, largely due to problems with the parking lot entrance and exit safety, with the inclusion of a drive-through window at both the pharmacy and bank. At that meeting, Design Review Board members brought up the subject of findings. The Planning Director quickly intervened, saying that the Planning Department staff would prepare findings from their notes of the vote debate, which would be presented to the DRB for modifications. Small Town Sebastopol provided material to DRB members to assist them in that effort.
Later in 2011, during a City Council debate about the Design Review Board's finding that the proposed CVS project did not meet the Board's guidelines, City Councilmember Shaffer stated that the General Plan is only an aspirational document. The City Council must follow the zoning code, which is the actual law, she said. She asked Planning Director Kenyon Webster to back up that statement.
Mr. Webster calmly affirmed Shaffer's statement, saying that the Zoning Code is the document that states and implements City policies. This assertion dodged the fact that the State of California established General Plans as the controlling documents for development of its cities and counties. Guidelines on State websites confirm that “Whatever form of zoning a community adopts, its zoning ordinance must be consistent with the General Plan, and if the Zoning Code is inconsistent with the General Plan, the Zoning Code is invalid.”(emphasis added).
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| Kathleen Shaffer listening |
In the 2012 Council election, Wilson declined to run and Shaffer was defeated. In 2013 the new Council imposed a temporary moratorium on drive-thrus. On Christmas Eve, December 24, the City was served the CVS suit in California Superior Court; they subsequently withdrew that suit and filed again in Federal District Court claiming the ban discriminated against the project proponents and violated their civil rights. (Citizens’ United – July 18, 2008- Supreme Court ruled “corporations are people”).
In May, 2012 CVS began the process of applying to CalTrans for an encroachment permit to allow access to and from the project site at the two State Highway, 12 and 116, via left turns that would allow traffic to cross oncoming traffic at that corner. Small Town Sebastopol contacted CalTrans and, in addition, urged people to contact them as well and oppose the encroachment, citing that traffic impacts would be further exacerbated by such left turns. The people wrote and called CalTrans; subsequently CalTrans assigned a Community Outreach officer to respond to everyone who had complained.
CalTrans sent a team to evaluate the situation. They queried CVS and asked for more details. Evidently CVS could not satisfy CalTrans. To date, such permits had not been issued.
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| Sebastopol City Council |
In May, 2012 CVS began the process of applying to CalTrans for an encroachment permit to allow access to and from the project site at the two State Highway, 12 and 116, via left turns that would allow traffic to cross oncoming traffic at that corner. Small Town Sebastopol contacted CalTrans and, in addition, urged people to contact them as well and oppose the encroachment, citing that traffic impacts would be further exacerbated by such left turns. The people wrote and called CalTrans; subsequently CalTrans assigned a Community Outreach officer to respond to everyone who had complained.
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| CalTrans. Where's the donuts? |
CalTrans sent a team to evaluate the situation. They queried CVS and asked for more details. Evidently CVS could not satisfy CalTrans. To date, such permits had not been issued.
In May, 2013, the City Council passed an ordinance requiring solar photovoltaic energy systems on new or substantially remodeled commercial projects. Notified of the ordinance and the requirement that they must comply, CVS claimed an exemption.
During 2013-2014 more than 13 different hearing dates for the Committee for Small Town Sebastopol lawsuit were scheduled, but each was postponed at the request of CVS/Long's Drugs.
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| Yay, solar |
During 2013-2014 more than 13 different hearing dates for the Committee for Small Town Sebastopol lawsuit were scheduled, but each was postponed at the request of CVS/Long's Drugs.
In May of this year CVS requested settlement talks to encompass both their suit against the City, and the STS suit against CVS. There never was a formal hearing on the merits of either case.
Eventually a legal settlement was hammered out between the City of Sebastopol, CVS/Long's Drugs, Armstrong Development Properties Inc. and the Committee for Small Town Sebastopol.
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| Isn't red the devil's favorite color? |
Eventually a legal settlement was hammered out between the City of Sebastopol, CVS/Long's Drugs, Armstrong Development Properties Inc. and the Committee for Small Town Sebastopol.
On October 6, 2014, the Sebastopol City Council voted unanimously to accept the framework for a settlement to end the two lawsuits — the one filed in 2011 by the Committee for Small Town Sebastopol over the flawed CEQA process, and the other filed by CVS/Longs Drugs in 2012 against the city for adopting a temporary moratorium on drive-thru windows. Chase Bank had pulled out of the project during the interval of lawsuits and settlement negotiations.
At the regular City Council meeting on October 7, 2014, the City Manager/Attorney and Planning Director Kenyon Webster, and I, for Small Town Sebastopol, urged approval of the settlement, considering the improvements supposedly promised by the project proponents. The Council put off the vote on a formal resolution accepting the settlement until October 9, when the Community would have a final chance to comment.
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| San Jose? |
Concessions supposedly agreed to by CVS included abandoning the drive-thru and drive up; adopting more refined building designs with larger, more numerous windows and variable roof heights; a second story and increased setbacks for the CVS building itself; extensive landscaping and site design improvements; prohibitions on left turns into and out of the project site; installation of rooftop solar panels and installation of five electric vehicle charging stations.
On October 9, 2014 the Council voted 3-2 for the resolution accepting the settlement. Mayor Robert Jacob and Councilmember John Eder voted against the settlement, acknowledging that the City could not afford to prolong the lawsuit; both expressed beliefs that CVS/Longs Drugs had not negotiated in good faith. Drawings that the City had requested repeatedly from CVS earlier arrived minutes prior to the October 7 meeting, the first public hearing on the settlement. They did not show a two-story building, but a single-story retail store with high exterior walls and false windows that only suggest the presence of a second floor. CVS technical representatives did not attend either the October 7 or 9 meetings. Their attorney was present at both meetings.
Given the concessions in the settlement, primarily the withdrawal by CVS of the drive-ins/drive-thrus, the prohibition of all left turns and the increased setbacks, I feel this is the best deal that could be made without piling up more legal bills and relying on a jury or jurist to decide in our favor.
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| CVS had not negotiated in good faith |
Given the concessions in the settlement, primarily the withdrawal by CVS of the drive-ins/drive-thrus, the prohibition of all left turns and the increased setbacks, I feel this is the best deal that could be made without piling up more legal bills and relying on a jury or jurist to decide in our favor.
“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." Margaret Mead.
And, Ben Franklin advises: ”It is the first responsibility of every citizen to question authority.”
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| Meade |
And, Ben Franklin advises: ”It is the first responsibility of every citizen to question authority.”
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| Franklin |
My personal thanks to all who hung in there all these years, and the late John Kramer, with me from the start, whose intellect and humor were at the core of the process.
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| Shane |
Data for this report was compiled by Jane Nielson from reports, minutes, newspaper stories and other documents. Thank you, Jane.
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| Nielson |
Tuesday, October 7, 2014
A NOTE FROM MAYOR ROBERT JACOB RE: CVS SETTLEMENT...
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| Mayor Robert Jacob |
I am pleased to announce that we have reached a settlement with both CVS and Committee for Small Town Sebastopol. The City Council voted 5:0 in closed session to support the settlement, which will not be official until we have a chance to hear from community members who wish to speak on the issue at a public hearing. The public hearing is tonight, 10/7, at the normal city council meeting beginning at 6pm at the Sebastopol Community Center Youth Annex, 425 Morris Street.
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| The Youth Annex |
Terms of the settlement include the prohibition on left-hand turns across the highway, full solar panel coverage for the development, and CVS paying $150,000 to cover a traffic signal synchronization study, mitigation of traffic impacts, and legal fees.
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| Proposed CVS site |
Closing the battle begun prior to my tenure on the council, I am proud of the hard work of our city staff and council to find resolution. Now, I need hear from you, too!
Come out tonight to express your opinions. Further, I am calling a special meeting for this Thursday to ensure we give everyone a chance to weigh in on this most important decision. Please join us for the special meeting on Thursday, 10/9, at 6pm at the Sebastopol Center for the Arts at 282 S. High Street.
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| Sebastopol Center for the Arts |
Friday, September 12, 2014
NEXT TUESDAY - MEET THE CITY COUNCIL...
There's a Meet'n'Greet light dinner that can put you in front of a City Council member to, not only get to know them, but to voice some of your concerns re: our fair city.
Meet and Greet with City Council on September 16
The Sebastopol City Council is hosting a meet-and-greet and light dinner at IVES PARK (the Jewell Avenus side) on Tuesday, Sept. 16th from 4pm to 5:30pm. Mayor Robert Jacob and Vice Mayor Patrick Slayter, along with Councilmembers Sarah Glade Gurney, John Eder, Una Glass and look forward to connecting with community members (THAT'S YOU) one-on-one.
There is no charge to attend. All Sebastopol residents are welcome.
Following the meet-and-greet will be the regularly scheduled City Council meeting at the Youth Annex at 6:00pm - 425 Morris St.
Thursday, September 11, 2014
BIKE TRAILS THROUGHOUT SEBASTOPOL...
And then there's the safety issue?
Here is a series of three videos explaining exactly how it works (see anyone you know?):
http://www.youtube.com/watch?v=ZdFszIiUeoY
http://www.youtube.com/watch?v=mZeaJIFO5Ns
http://www.youtube.com/watch?v=syVTZdw2rFM
There's also a website you can visit for more information:
www.sebastopoltrailmakers.org
So, watch the videos and contact our City Council to let them know what you think. USE YOUR VOICE TO GET INVOLVED. We've made it easy. Just cut and paste the emails below and urge the City Council to take the first step in approving these trails:
sarahcouncil@yahoo.com.johneder@comcast.net,ps.sebcc@gmail.com,robertjacobcc@sonic.net,mgourley@cityofsebastopol.org
GRATON DAY & THE HUBBUB CLUB...
For one day a year, Graton is the happiest place on Earth…
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Sunday, September 7, 2014
THE HARVEST MOON...
Here's a shot from the lens of Sebastopudlian, Bim Lipp - the Harvest Moon through a Gravenstein Apple tree…
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| Photo by Bim |
CVS CLOSED MEETINGS...
There are two special CLOSED SESSION meetings this coming week re: the CVS project and subsequent litigation. The general public (that's you) will have a chance to speak prior to the City Council adjourning to closed session. Anyone who would like to add their two cents to the process is invited to attend and make their voices heard.
Schedule is as follows:
SEPTEMBER 8th, 7:00 - 9:00pm
Location: Sebastopol City Hall, 7120 Bodega Ave.
Schedule is as follows:
Location: Sebastopol City Hall, 7120 Bodega Ave.
SEPTEMBER 9th, 4:00 - 5:30pm
Luther Burbank Experimental Farm, 7777 Bodega Ave.
CALLING ALL ARTISTS (OR NON-ARTISTS)...
Ever feel like taking a can of paint and covering a street with it? No? Well, here's your chance anyway. Cittaslow (again) has determined the winners of the design contest to paint McKinley Street and they want to include the community. THAT'S YOU!
Please read…
Please read…
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