1 00:00:14,97 --> 00:00:17,50 October fourteenth two thousand and ten Please D.M. 2 00:00:17,51 --> 00:00:19,33 For the like salute 3 00:00:19,33 --> 00:00:32,83 . 4 00:00:32,83 --> 00:00:33,10 His 5 00:00:33,10 --> 00:00:40,28 . 6 00:00:40,37 --> 00:00:47,25 OK When the roll call Commissioner Henri. Commissioner along their mission to go on 7 00:00:47,43 --> 00:00:54,43 here Thomas Simi Air National wells here Michelle been there all right the 8 00:00:54,44 --> 00:00:57,91 first thing we're going to do are all comments from the public members of the 9 00:00:57,92 --> 00:01:03,34 public may be heard on any item of interest not on the gender speakers addressing 10 00:01:03,35 --> 00:01:07,88 the commission will be limited to three minutes per speaker be advised that by law 11 00:01:07,89 --> 00:01:12,00 the commission is not able to deliberate or take action on issues presented during 12 00:01:12,01 --> 00:01:16,51 oral comments is there anyone in the crowd that would like to speak on something 13 00:01:16,52 --> 00:01:23,36 that's not on tonight's agenda No All right so we're going to move to the first and 14 00:01:23,37 --> 00:01:28,41 only order of business which is the Planning Commission recommendation of the city 15 00:01:28,42 --> 00:01:33,56 council concerning the adoption of the denial plan the general plan update adoption 16 00:01:33,57 --> 00:01:35,39 of Resolution number P. 17 00:01:35,43 --> 00:01:42,39 Dash one one one seven A or P dash one one one 18 00:01:42,40 --> 00:01:43,23 seven B. 19 00:01:43,32 --> 00:01:49,68 Dash twenty Tim lez. But you have something to say 20 00:01:50,16 --> 00:01:55,77 Yes I'd like to just start the preamble. The history is stated in 21 00:01:55,78 --> 00:02:01,79 a staff report but I what we have provided to you tonight on your diocese is the 22 00:02:01,80 --> 00:02:07,32 action of the city council last night this is the resolution that the city council 23 00:02:07,94 --> 00:02:14,41 adopted last night we did not I noticed the date hasn't sorted but as you can see 24 00:02:14,42 --> 00:02:20,47 the last paragraph is and I believe I wasn't sure of all of you had an opportunity 25 00:02:20,53 --> 00:02:23,89 to see this so I thought it was important to bring this forward before we started 26 00:02:23,90 --> 00:02:29,35 the conversation from staff that the City Council has set 27 00:02:29,36 --> 00:02:31,25 a deadline for the Planning Commission to make 28 00:02:31,26 --> 00:02:34,98 a recommendation on the proposed general plan update submitted to the planning 29 00:02:34,99 --> 00:02:35,47 commission of 30 00:02:35,48 --> 00:02:39,72 a joint planning commission city council meeting on October eleventh the deadline 31 00:02:39,73 --> 00:02:44,71 that they have provided you is October fourteenth two thousand and ten which is 32 00:02:44,72 --> 00:02:49,75 today. And the point of that resolution which it goes up in the form or element 33 00:02:49,76 --> 00:02:56,56 that if no action is taken by the Planning Commission action or shall be deemed as 34 00:02:56,57 --> 00:03:01,37 a recommendation or approval of the proposed general plan amendment. And the 35 00:03:01,38 --> 00:03:05,27 council deliberated that last night and you can see the vote was a was 36 00:03:05,28 --> 00:03:10,82 a four one vote the city council and so the point of doing that particular start up 37 00:03:10,83 --> 00:03:12,63 on this was to indicate to us 38 00:03:12,64 --> 00:03:18,89 a planning commission that indeed the city council. Has set some has set 39 00:03:18,90 --> 00:03:24,34 a thank Zack deadline for you to provide some action to them so they can take up 40 00:03:24,35 --> 00:03:29,56 the general plan so at this time I'll turn it over to Liz to provide the staff 41 00:03:29,57 --> 00:03:36,10 report to you. Thank you plain and I'm actually going to turn it over to Stephen 42 00:03:36,11 --> 00:03:40,91 who has. The majority of the comments as an introduction 43 00:03:40,91 --> 00:03:47,50 . Thank you Thank you members of the. Planning Commission 44 00:03:48,35 --> 00:03:50,74 this is sort of a continuation from the meeting that we held 45 00:03:50,75 --> 00:03:53,66 a couple of nights ago so I won't repeat the language 46 00:03:53,66 --> 00:04:00,90 . 47 00:04:08,66 --> 00:04:09,50 This is pain 48 00:04:09,52 --> 00:04:16,44 a difficult meeting and I want to tell you that the 49 00:04:17,53 --> 00:04:22,19 object I think that we all have is to provide the city with what is first and 50 00:04:22,20 --> 00:04:22,62 foremost 51 00:04:22,63 --> 00:04:28,19 a legal document the general plan is required by the state of California for us to 52 00:04:28,20 --> 00:04:34,68 prepare. The general plan by its nature contains two types of 53 00:04:34,69 --> 00:04:40,10 policy there are those policies that were developed from the community meetings 54 00:04:40,35 --> 00:04:43,78 where we got together and talked about what if we want to see in our community how 55 00:04:43,79 --> 00:04:48,02 do we want to grow what kind of housing do we want to have what kind of parks to 56 00:04:48,03 --> 00:04:52,99 want to have what kind of recreational amenities we want to have how do we want the 57 00:04:53,03 --> 00:04:58,75 city to develop. And that's the part that people think about that they like 58 00:04:59,46 --> 00:05:05,68 generally. But hand in hand with that and the state has said that with that 59 00:05:05,69 --> 00:05:06,97 development comes 60 00:05:06,98 --> 00:05:13,47 a responsibility to make sure that we don't create impacts to the environment and 61 00:05:13,48 --> 00:05:14,32 they've established 62 00:05:14,33 --> 00:05:20,63 a series of standards and guidelines that get passed down that we have to deal with 63 00:05:20,63 --> 00:05:27,45 . And I think that that is where the the rub has been none of us like to 64 00:05:27,46 --> 00:05:34,29 feel that we have. Our lives that are regulated through policies that we have not 65 00:05:35,84 --> 00:05:41,89 promulgated ourselves those of us who own property and world areas are incensed at 66 00:05:41,90 --> 00:05:47,37 a lot of the regulations the requirements that may be appropriate for men TECO or 67 00:05:47,38 --> 00:05:53,22 southern California but that somehow don't seem to apply here. But as 68 00:05:53,23 --> 00:05:59,04 a professional it's my obligation to provide you and the residents of the city 69 00:05:59,95 --> 00:06:00,27 with 70 00:06:00,28 --> 00:06:05,47 a document that is legally defensible and that meets the standards of the state. 71 00:06:06,91 --> 00:06:12,14 One of the things that really drove the development of having 72 00:06:12,15 --> 00:06:18,90 a general plan was the desire to reuse the mill site or to 73 00:06:18,91 --> 00:06:22,37 use the mill site. There was a proposal for 74 00:06:22,41 --> 00:06:27,36 a large retail development to go out there there's also been expressed desire to 75 00:06:27,66 --> 00:06:34,13 bring back industry in either of those cases there were 76 00:06:34,14 --> 00:06:39,51 people outside the city who would just as soon not see Fortuna develop they would 77 00:06:39,52 --> 00:06:44,26 prefer that we not be the ones who garner tax dollars or prefer that we not be the 78 00:06:44,27 --> 00:06:50,52 ones who are able to provide job sites for people when 79 00:06:50,53 --> 00:06:55,52 a project comes forward on that we're there are large projects we're not going to 80 00:06:55,53 --> 00:06:59,47 see people climbing trees we're not going to see people changing themselves to 81 00:06:59,48 --> 00:07:02,55 a fence they will ring their lawyers with 82 00:07:02,56 --> 00:07:09,08 a lawsuit and charge the general plan is inadequate and the cold up 83 00:07:09,09 --> 00:07:15,81 development in the long run. So my sense my obligation is to 84 00:07:15,82 --> 00:07:16,61 provide you with 85 00:07:16,62 --> 00:07:23,41 a document that allows the city to develop as unfettered as possible and to include 86 00:07:23,42 --> 00:07:28,84 enough safeguards so that when local developers or outside developers come into the 87 00:07:28,85 --> 00:07:30,28 city but 88 00:07:30,29 --> 00:07:35,40 a lot of the environmental review has been taken care of and reduce and minimize 89 00:07:35,41 --> 00:07:42,18 how much furthers they have to go through to take care of that. And I see that as 90 00:07:42,19 --> 00:07:49,04 an obligation that we have been trying to fulfill that has meant that we have added 91 00:07:49,05 --> 00:07:55,62 language to the document that some of us find unpalatable for distasteful. 92 00:07:56,74 --> 00:07:57,98 But it's all there for 93 00:07:58,70 --> 00:08:03,84 a particular reason and it's not because we want to see things but it's because 94 00:08:04,37 --> 00:08:11,27 without some of that language we become vulnerable how the city applies 95 00:08:11,28 --> 00:08:17,32 to general plan is done through the zoning code that's the law but policies in the 96 00:08:17,33 --> 00:08:21,27 general plan set the framework for the city it's 97 00:08:21,28 --> 00:08:24,27 a document that we can hold up and say these are the things that we take into 98 00:08:24,28 --> 00:08:28,42 consideration when we develop our city but it's the application of the zoning code 99 00:08:28,43 --> 00:08:32,88 in the developer of the zoning code that becomes the codified law that implements 100 00:08:32,89 --> 00:08:39,70 what we're going to do when those those decisions have yet to be made. There was 101 00:08:39,71 --> 00:08:46,46 a lot of discussion about. Some of the things in the new blue ink and I can assure 102 00:08:46,47 --> 00:08:49,47 you that these are are there is for it for 103 00:08:49,94 --> 00:08:55,57 a purpose. And I think that. 104 00:08:57,32 --> 00:09:01,23 They said I think that's really been the real bone of contention that there was 105 00:09:01,24 --> 00:09:04,88 frustration at not understanding how and why some of those things were put into 106 00:09:04,89 --> 00:09:11,43 place. At this point 107 00:09:11,68 --> 00:09:13,02 we've we have 108 00:09:13,03 --> 00:09:19,33 a document which we feel meets the legal standard for the state best we have 109 00:09:19,34 --> 00:09:24,81 provided to you and are asking you to then pass on to the city council it is 110 00:09:24,82 --> 00:09:30,51 intended not to disable the city's ability to develop but rather to allow it to 111 00:09:30,52 --> 00:09:36,55 develop. Its new it contains policy language that is different but it is not 112 00:09:36,56 --> 00:09:39,62 intended to hobble it is and it's intended to be 113 00:09:40,38 --> 00:09:46,99 a proactive document that allows development took to occur in the future 114 00:09:48,00 --> 00:09:54,69 it's for the long term benefit of the city and. So with that I 115 00:09:54,70 --> 00:10:00,54 will finish my comments and just encourage you to take whatever action you feel is 116 00:10:00,55 --> 00:10:07,47 appropriate. We have provided you with two resolutions to give you some choice in 117 00:10:07,48 --> 00:10:12,06 the matter. The first resolution or one of the resolutions that you have is the 118 00:10:12,07 --> 00:10:14,52 same one that you saw the other evening which contains 119 00:10:14,98 --> 00:10:20,35 a series of recommendations. To the city council for policy language changes that 120 00:10:20,36 --> 00:10:26,45 you would like to see and that staff has carried forward with comments. And 121 00:10:26,46 --> 00:10:27,56 a second resolution is 122 00:10:27,57 --> 00:10:33,56 a resolution in which you decide that based upon your interpretations of the policy 123 00:10:33,57 --> 00:10:40,53 document or your feelings of of the policy language that this general play is not 124 00:10:40,54 --> 00:10:44,62 appropriate for the city of Fortuna and that you would recommend that it not be 125 00:10:44,63 --> 00:10:50,28 adopted and that choice becomes yours so with that I'll conclude my remarks thank 126 00:10:50,29 --> 00:10:56,84 you very much. That's OK and 127 00:10:57,16 --> 00:11:01,34 to any commissioners have any questions or comments for city staff before we open 128 00:11:01,35 --> 00:11:08,28 up the public hearing I do. First of all I've lived in 129 00:11:08,29 --> 00:11:11,64 Fortuna about thirty three years I'm very proud to live in such 130 00:11:11,65 --> 00:11:13,75 a good town and I'm very proud to be on such 131 00:11:13,76 --> 00:11:16,65 a good commission I'm think that we did 132 00:11:16,66 --> 00:11:21,08 a lot of hard work working on this general plan and I'm proud of the work that we 133 00:11:21,09 --> 00:11:25,63 did get done and I am disappointed that we weren't able to finish our job I don't 134 00:11:25,64 --> 00:11:30,58 think everything that we worked on is going forward so I am 135 00:11:30,59 --> 00:11:34,61 a little bit disappointed at that I would have liked to have had another meeting to 136 00:11:34,62 --> 00:11:41,29 move this on but I. Don't always get what I wanted yes. Hopefully the next 137 00:11:41,43 --> 00:11:46,06 next thing we work on one can have better communication you know so there isn't 138 00:11:46,64 --> 00:11:50,68 things like this that happened but I do want to thank my fellow commissioners 139 00:11:50,69 --> 00:11:54,02 because I think we worked very hard on this and I think we did 140 00:11:54,03 --> 00:11:59,55 a very good job for what is going forward. Also I have two questions on the 141 00:11:59,80 --> 00:12:06,51 resolution. It says that the Planning Commission reviewed and considered the E I R 142 00:12:06,55 --> 00:12:07,98 I've never seen the E.R. 143 00:12:08,89 --> 00:12:14,37 So I I don't know why this is in here I haven't reviewed it I don't think we've 144 00:12:14,38 --> 00:12:14,74 ever had 145 00:12:14,75 --> 00:12:21,55 a meeting on the E I R or reviewed it and my next one is. It 146 00:12:21,56 --> 00:12:27,23 says that we held a public hearing for this which is required and when did we have 147 00:12:27,24 --> 00:12:33,27 a public hearing. Thank you for your questions 148 00:12:34,21 --> 00:12:38,46 first Bob like to concur with you I agree that the Planning Commission did spend 149 00:12:38,47 --> 00:12:39,24 a lot of time and did 150 00:12:39,25 --> 00:12:46,15 a lot of hard work in reviewing the document. And that is appreciated 151 00:12:47,07 --> 00:12:49,57 Secondly the E.R. 152 00:12:49,58 --> 00:12:53,05 Was delivered I think by compact disc with 153 00:12:53,06 --> 00:12:55,98 a copy of the executive summary there was 154 00:12:55,99 --> 00:13:01,04 a memo that went with that that indicated that you would not be required to our 155 00:13:01,08 --> 00:13:05,97 reviewer from my first damn point to recommending it to the city council but it was 156 00:13:05,98 --> 00:13:10,35 given to us information so that you could at least see but the document was there 157 00:13:10,54 --> 00:13:17,48 and see how it affects the. Just how it's worded. You can certainly since 158 00:13:17,49 --> 00:13:22,01 you did not look at it as a commission officially you can simply remove that as 159 00:13:22,02 --> 00:13:28,89 a as one of the findings there's no problem doing that. And the public hearing that 160 00:13:28,90 --> 00:13:33,11 was held was the public hearing that was held on Monday the eleventh is was the 161 00:13:33,12 --> 00:13:38,15 public hearing for the you know for the general plan kind of the way I see that 162 00:13:38,16 --> 00:13:42,98 public hearing that was on our public hearing the City Council opened it everything 163 00:13:42,99 --> 00:13:46,93 was all the questions and everything were dressed to the mayor and city council 164 00:13:46,94 --> 00:13:49,50 closed it so how could that be 165 00:13:49,51 --> 00:13:54,86 a party commission hearing it was noted noticed as a as 166 00:13:54,87 --> 00:14:00,33 a joint session joint public hearing between the two between the two bodies. That 167 00:14:00,34 --> 00:14:05,64 was how it was done. OK but we still haven't had our own public carrier aren't we 168 00:14:05,65 --> 00:14:06,53 required to have 169 00:14:06,54 --> 00:14:12,28 a public hearing that was the public carry It was sort of the same process that you 170 00:14:12,29 --> 00:14:15,19 used when you evaluated and then made 171 00:14:15,20 --> 00:14:21,64 a recommendation on the housing element OK. 172 00:14:21,84 --> 00:14:27,78 Anybody else. I attended 173 00:14:27,80 --> 00:14:32,92 a meeting last night city council and looked up the California government code that 174 00:14:32,93 --> 00:14:39,74 was referenced by the city attorney and. It's pretty big but it 175 00:14:39,75 --> 00:14:43,26 appears to me that only items referred back to the Planning Commission are subject 176 00:14:43,27 --> 00:14:48,18 to the forty five day deadline and or whatever time limit is set by the city 177 00:14:48,19 --> 00:14:54,48 council. I'll just read it here what does what Code six five three five six The 178 00:14:54,49 --> 00:15:00,56 California California Code says it's the legislative body sole adopt or amend 179 00:15:00,57 --> 00:15:04,95 a general plan by resolution resolution which resolutions will be adopted by the 180 00:15:04,96 --> 00:15:06,41 affirmative vote of not less than 181 00:15:06,42 --> 00:15:11,08 a majority of the total membership of the legislative body. The body may approve 182 00:15:11,09 --> 00:15:16,57 modify or disapprove the recommendation of the Planning Commission if any However 183 00:15:16,91 --> 00:15:20,61 any substantial modification proposed by the legislative body not previously 184 00:15:20,62 --> 00:15:24,28 considered by the commission during its hearings so first be referred to the 185 00:15:24,29 --> 00:15:28,56 Planning Commission for its recommendation the failure of the commission to report 186 00:15:28,57 --> 00:15:33,04 within forty five calendar days after the reference or within the time set by the 187 00:15:33,05 --> 00:15:34,68 legislative body shall be deemed 188 00:15:34,86 --> 00:15:40,46 a recommendation for approval to be this clearly says that anything they refer back 189 00:15:40,47 --> 00:15:46,40 to us has that forty five day limit or the time limit they said not the general 190 00:15:46,41 --> 00:15:53,35 plan as we stand today. And I can if anybody wants to read this how 191 00:15:53,36 --> 00:15:56,67 about it. So I don't think we're forced to make 192 00:15:56,68 --> 00:16:01,98 a decision tonight I think if I think we can go back and discuss this more if we 193 00:16:01,99 --> 00:16:07,50 wish to I'll leave it at that for now. You. 194 00:16:10,13 --> 00:16:15,02 Else thank you for doing that Andy that's been one of my concerns throughout this 195 00:16:15,03 --> 00:16:16,89 process is that there's 196 00:16:16,90 --> 00:16:22,11 a difference between what we're being told and what is in fact occurring OK That's 197 00:16:22,12 --> 00:16:26,12 number one number two we were given this package papers which I've never seen 198 00:16:26,13 --> 00:16:30,35 before I don't know whether anybody else has and they weren't even discussed in the 199 00:16:30,36 --> 00:16:35,11 opening remarks I'd like to know what we're supposed to do at least. 200 00:16:37,48 --> 00:16:44,38 Thank you very much. The code section that Mr 201 00:16:44,38 --> 00:16:51,06 Elving referred to is in the government code and if an action was referred to you 202 00:16:51,10 --> 00:16:55,41 under those circumstances then that government code would apply I believe what 203 00:16:55,42 --> 00:17:01,32 happened last night was that the City Council proposed or took its own person or 204 00:17:01,33 --> 00:17:07,23 ordinance for the city's action. So it's not the government code that is strictly 205 00:17:07,24 --> 00:17:12,55 being being applied but rather the the City Council's action of last night that is 206 00:17:12,59 --> 00:17:19,59 that is in effect the items on the diocese. Were actually items 207 00:17:19,60 --> 00:17:26,41 which were provided to you last year during the course of 208 00:17:26,42 --> 00:17:32,10 your discussions of chapters five and eight there were questions about why they 209 00:17:32,11 --> 00:17:37,73 were in there and one and the Commission asked for the legal justification for 210 00:17:37,74 --> 00:17:38,32 putting 211 00:17:38,80 --> 00:17:44,02 a blue ink policy in the dip in those two chapters and that was sort of them the 212 00:17:44,03 --> 00:17:50,22 issue the the this appeared to be the over regulation type of policy that people 213 00:17:50,23 --> 00:17:56,93 were concerned about. That handout was provided to you at that time at your 214 00:17:56,94 --> 00:18:03,25 request. To assist you in understanding how and why that language was there and we 215 00:18:03,26 --> 00:18:05,39 simply are providing to you this evening as 216 00:18:05,40 --> 00:18:10,05 a reference if that if that matter came up we wanted to have that available for you 217 00:18:10,05 --> 00:18:16,37 . Thank you to welcome. Excuse me for just 218 00:18:16,38 --> 00:18:22,06 a minute. The city council was directed by the attorney last night and when he 219 00:18:22,07 --> 00:18:27,32 spoke he specifically referenced three government codes what I read and two other 220 00:18:27,33 --> 00:18:33,38 one thing to say nothing about it at night as well make that clear but. 221 00:18:36,29 --> 00:18:42,83 Anybody else have any comments OK at this time we're going to open the public 222 00:18:42,84 --> 00:18:47,93 hearing for public comment so anybody would like to come forward please state your 223 00:18:47,94 --> 00:18:54,26 name where you live try and keep it at three minutes if you can. 224 00:19:04,14 --> 00:19:11,02 Smith nine fifty four main street I'm here representing you are disposal. 225 00:19:11,02 --> 00:19:17,01 You have very weighty things before you tonight and I feel badly to bring something 226 00:19:17,02 --> 00:19:20,94 like this before that is not of the significance of the other issues you're dealing 227 00:19:20,95 --> 00:19:27,87 with but it's very important to my client and this is the form that we have you 228 00:19:27,88 --> 00:19:33,21 will disposal screens for station it is located in the city right now and it's in 229 00:19:33,22 --> 00:19:39,52 a light industrial zone of the other side of the road in the county is where the 230 00:19:39,52 --> 00:19:44,99 . Sea indeed yard and other activities are conducted that's also light industrial 231 00:19:46,35 --> 00:19:50,93 The I'm in this in the general plan are going to re going to give 232 00:19:50,94 --> 00:19:56,72 a new land use designation to these areas of the river walk drive there's 233 00:19:56,73 --> 00:20:03,47 a tremendous concern that this will instantly turn these sites into 234 00:20:03,51 --> 00:20:05,69 nonconforming uses and keep 235 00:20:05,70 --> 00:20:11,96 a will be mixed banded changed or modified as needs require. 236 00:20:12,93 --> 00:20:16,97 Because of that concern I have been in the process of discussing it with staff for 237 00:20:17,76 --> 00:20:23,48 about two years in about six months ago. In 238 00:20:23,49 --> 00:20:27,51 a series of e-mails with the city manager we came up with 239 00:20:27,52 --> 00:20:34,33 a modification that this I was told staff was considering. The issue 240 00:20:34,34 --> 00:20:40,98 is that the river walk ride district district makes something called Crazy public 241 00:20:40,99 --> 00:20:41,51 uses 242 00:20:41,55 --> 00:20:49,30 a permitted use Prince we permitted use but it doesn't define what that means but 243 00:20:49,31 --> 00:20:52,99 I have sought to do is what's shown in red on the page that you have in front of 244 00:20:53,00 --> 00:20:54,10 you and that is to insert 245 00:20:54,11 --> 00:21:00,94 a meaning that will give my client comfort now the problem is that the position of 246 00:21:00,95 --> 00:21:07,70 staff has taken is to not insert this and let this all be handled 247 00:21:07,71 --> 00:21:11,45 in the zoning process with the idea being that as Zone 248 00:21:11,49 --> 00:21:16,43 a zone will then be assigned to it that allows us activity. But when I was 249 00:21:16,44 --> 00:21:23,22 a young man Ronald Reagan said trust but verify and as I'm here trying to do 250 00:21:23,85 --> 00:21:28,64 everybody is saying that this is not a problem don't worry about it but there is 251 00:21:28,65 --> 00:21:34,60 a problem and the problem is that staff are saying that this term quasar 252 00:21:34,61 --> 00:21:41,59 a public use will include my clients activities there are two problems that the 253 00:21:41,60 --> 00:21:46,32 first is that staffs opinion will it be is not relevant what's important and what's 254 00:21:46,33 --> 00:21:52,56 relevant is with the legislative bodies think it means to take action on it and I 255 00:21:52,57 --> 00:21:57,85 have no guarantee without a legislative body taking action on something that clues 256 00:21:57,86 --> 00:22:02,92 a definition that they're looking at this the same way the second thing which is an 257 00:22:02,96 --> 00:22:07,75 even bigger problem is that this would leave without this definition of leave the 258 00:22:07,76 --> 00:22:11,44 issue open and on resolved until 259 00:22:11,82 --> 00:22:17,59 a year from now two years from now the city gets around to having new conforming 260 00:22:17,60 --> 00:22:22,12 zoning ordinances Well look the thing that worries me about that is 261 00:22:22,64 --> 00:22:25,63 a year from now two years from now three years now how do I know who's going to be 262 00:22:25,64 --> 00:22:31,07 here. How do I know that the people who are providing assurances now are going to 263 00:22:31,08 --> 00:22:37,08 be here to provide assurances then. So I'm trying to do is I'm trying to trust the 264 00:22:37,09 --> 00:22:42,59 city I'm trying to trust staff but the same time I have to verify that there is not 265 00:22:42,60 --> 00:22:48,18 a problem and there is no good reason that I can think of not to insert this 266 00:22:48,19 --> 00:22:55,13 meaning into the definition of the land use description there 267 00:22:55,14 --> 00:23:00,76 is no good reason not to do that if this is what everybody agrees they want to have 268 00:23:00,77 --> 00:23:06,95 happen and I call upon you to do that tonight or to recommend it tonight thank you 269 00:23:06,96 --> 00:23:11,13 there's any questions I can answer thank you 270 00:23:11,13 --> 00:23:17,25 . 271 00:23:17,88 --> 00:23:24,84 Anybody else. All right 272 00:23:24,85 --> 00:23:28,06 sixteen sixteen Newberg road. Is that 273 00:23:28,07 --> 00:23:33,71 a couple comments you know. I really hate it when government uses the fear of 274 00:23:33,72 --> 00:23:36,91 lawsuits as an excuse to force 275 00:23:36,92 --> 00:23:43,69 a compliance to you know some regulations in this case that people don't agree with 276 00:23:44,66 --> 00:23:48,76 you know when you really get into looking at lawsuits you need to ask one of the 277 00:23:48,77 --> 00:23:53,62 questions well how many lawsuits have there been. And then you need to go further 278 00:23:53,63 --> 00:23:56,74 and say well let's look at some of these lawsuits and see what they actually 279 00:23:56,75 --> 00:24:02,85 involved and I think what you would find that many of them would never occur here 280 00:24:02,86 --> 00:24:08,17 in humble County or in Fortuna they are some bizarre case where somebody did really 281 00:24:08,18 --> 00:24:13,74 something stupid and should have been sued and was and that's the case for most of 282 00:24:13,75 --> 00:24:19,25 those so I just it just bothers me when people use this fear lawsuits as a as 283 00:24:19,26 --> 00:24:21,20 a. As 284 00:24:21,21 --> 00:24:27,45 a hammer to get things get their way. You know I think this is probably a kind of 285 00:24:27,46 --> 00:24:31,54 a done deal but what's going to happen next in this process is we're going to have 286 00:24:31,55 --> 00:24:38,55 to modify and go over our midst of all codes and make sure that they're compliant 287 00:24:38,56 --> 00:24:44,21 and consistent with the general plan and there are fourteen of them are. The ones 288 00:24:44,22 --> 00:24:48,32 that are probably be most contentious AR fifteen which is the building and 289 00:24:48,33 --> 00:24:53,54 construction section and sixteen is subdivisions and seventeen is going to be 290 00:24:53,55 --> 00:24:59,77 really fun that's designing. And once we get to zoning I don't know what staff is 291 00:24:59,78 --> 00:25:04,44 going to do I could see them going out and spending taxpayer monies and hiring 292 00:25:04,45 --> 00:25:10,27 consultants to go over these code so you guys don't have to worry about it and then 293 00:25:10,31 --> 00:25:10,53 have 294 00:25:10,54 --> 00:25:17,01 a meeting like this and get it approved Well I'm hoping that we can sit down like 295 00:25:17,02 --> 00:25:22,61 we were supposed to do with the public and have discussions and workshops and come 296 00:25:22,62 --> 00:25:29,59 to some agreement on what the zoning codes should say and I'm sure staff going to 297 00:25:29,77 --> 00:25:33,86 tell us that oh you can't write that zoning code like that because that isn't 298 00:25:33,87 --> 00:25:38,62 consistent with the general plan that we've adopted Well I hope you guys are strong 299 00:25:38,63 --> 00:25:44,68 enough that you ignore that because and stick to your guns and right as 300 00:25:44,69 --> 00:25:48,06 a winning coach the way you want them and if we have to revise 301 00:25:48,07 --> 00:25:52,63 a general plan that's what staff has said don't worry we can revise this general 302 00:25:52,64 --> 00:25:53,61 plan four times 303 00:25:53,62 --> 00:26:00,56 a year it should be easy should be Oh let's see what 304 00:26:00,58 --> 00:26:07,16 else. I guess that's why I'm really my only comment I know you guys can figure 305 00:26:07,18 --> 00:26:14,18 these codes out the zoning codes and. The staff me try to pit you 306 00:26:14,19 --> 00:26:18,100 know the poor city against us I don't know evil developers I guess for a lack of 307 00:26:19,01 --> 00:26:24,54 a better term. I know you can see through that and you can. Pick out what's 308 00:26:24,55 --> 00:26:30,60 reasonable and what's fair and what just did you really need Thank you. 309 00:26:31,64 --> 00:26:36,39 Thank you. Anybody out 310 00:26:36,39 --> 00:26:39,27 . 311 00:26:46,72 --> 00:26:53,13 Resident of Fortuna. So four council members have put you in an awkward position 312 00:26:53,26 --> 00:26:55,72 and they have sent you 313 00:26:55,73 --> 00:26:59,50 a message that says it does not matter whether or not you are satisfied with the 314 00:26:59,51 --> 00:27:02,85 general plan update that will fell will affect the citizens of Fortuna for the next 315 00:27:02,86 --> 00:27:07,48 twenty years or if you still have some questions or would like clarifications you 316 00:27:07,49 --> 00:27:12,90 will right now tonight in the recommend are not recommend approval of this policy 317 00:27:12,91 --> 00:27:18,85 document. By doing this they have taken away your voice and you need to let them 318 00:27:18,86 --> 00:27:22,34 know that this is wrong why do we have 319 00:27:22,39 --> 00:27:27,09 a planning commission to review planning issues which to me would include the 320 00:27:27,11 --> 00:27:31,75 general plan if the council is not listening and not letting you follow through 321 00:27:31,77 --> 00:27:37,32 with your job. Everything stopped when the Planning Commission and the public asked 322 00:27:37,34 --> 00:27:41,03 for legal justifications for items that staff continues to insist must be in the 323 00:27:41,05 --> 00:27:46,62 plan you still have not received the information that was requested fifteen months 324 00:27:46,63 --> 00:27:51,18 ago. The last Planning Commission meeting was on July twenty eighth two thousand 325 00:27:51,19 --> 00:27:56,81 and nine commissioner was not in attendance at that meeting the rest of you all of 326 00:27:56,82 --> 00:28:01,25 you expressed concerns regarding the tone of the content and the implication that 327 00:28:01,26 --> 00:28:06,48 items were set by state law but are actually someone's opinion I watched the entire 328 00:28:06,49 --> 00:28:12,30 meeting on access humble today and none of you felt comfortable with the document. 329 00:28:12,30 --> 00:28:17,36 Duane Rinky and Stephen Davis both promised to come back with the justifications 330 00:28:17,37 --> 00:28:21,35 for the items you were concerned with and have another meeting after much 331 00:28:21,36 --> 00:28:22,56 discussion Chairman Thomas E. 332 00:28:22,57 --> 00:28:26,78 And you finally changed his vote to move forward with the draft yaar. That was the 333 00:28:26,79 --> 00:28:32,23 motion that was made to move forward with the draft Yar staff was to bring back 334 00:28:32,24 --> 00:28:32,95 more information 335 00:28:32,96 --> 00:28:38,04 a justification for all items you had concerns about. Chairman Thomas Kean the end 336 00:28:38,05 --> 00:28:42,01 of the meeting saying that you have said it's going to come back and I know it will 337 00:28:42,90 --> 00:28:46,58 there are things in here we don't like and if it can in turn used to be in here 338 00:28:46,62 --> 00:28:47,34 then there will be 339 00:28:47,35 --> 00:28:53,41 a big problem doing in Stephen promised. That it would come back to you in 340 00:28:53,42 --> 00:28:58,20 a month to give you the answers that you were looking for staff is not being held 341 00:28:58,21 --> 00:29:03,04 accountable for the promises that they made or the process they committed to I 342 00:29:03,05 --> 00:29:04,17 think that the council has made 343 00:29:04,18 --> 00:29:07,86 a huge mistake if I were on the council I would not want 344 00:29:08,22 --> 00:29:13,12 a general plan that the Planning Commission was not comfortable with the Planning 345 00:29:13,13 --> 00:29:18,44 Commission was doing an outstanding job I'm asking you not to give in now being 346 00:29:18,45 --> 00:29:19,56 tired of the whole thing is not 347 00:29:19,57 --> 00:29:23,79 a reason to give up or recommended I think you need to stand your ground until you 348 00:29:23,80 --> 00:29:27,88 get the information you have asked for understand it and are satisfied that you are 349 00:29:27,89 --> 00:29:32,11 doing the right thing for the citizens of Fortuna if you are not going to get that 350 00:29:32,12 --> 00:29:34,30 information because the council has now placed you in 351 00:29:34,31 --> 00:29:39,75 a position that tonight you have to decide then you should not recommend the 352 00:29:39,76 --> 00:29:44,33 adoption of the general plan. I hope that each of you have actually read the entire 353 00:29:44,34 --> 00:29:48,02 document noted all the new changes the lesions and additions compared to what was 354 00:29:48,03 --> 00:29:52,66 asked for it took me hours to do this and I am certain you did not get what you 355 00:29:52,67 --> 00:29:58,91 asked for after fifteen months without any meetings suddenly this update has to be 356 00:29:58,95 --> 00:30:05,04 approved now why some of the council members said they won't rushing it after all 357 00:30:05,06 --> 00:30:09,93 it's been five years well that's five years and two more months or five years and 358 00:30:09,93 --> 00:30:14,77 three more months you know it has to be done now it has to be done before the 359 00:30:14,78 --> 00:30:18,59 election because they are concerned that someone's going to get on the council that 360 00:30:18,60 --> 00:30:23,32 doesn't approve of what they've done or the general plan policy that is wrong and 361 00:30:23,34 --> 00:30:27,88 I'm asking you guys not to recommend it thanks. Thank you 362 00:30:27,88 --> 00:30:33,32 . 363 00:30:34,82 --> 00:30:38,84 Every August seventh citizen of fourteen A As fate would have it I locked my keys 364 00:30:38,85 --> 00:30:40,52 in the car and it's up at 365 00:30:40,53 --> 00:30:44,21 a house I was showing with all the stuff I wanted to say so you guys are really 366 00:30:44,22 --> 00:30:50,61 lucky tonight but. I'd also like to say that last night Stephen Davis took 367 00:30:50,62 --> 00:30:57,36 a bullet for the team he said that. You guys did not he felt that you had 368 00:30:57,40 --> 00:31:02,34 adequate time and that at the last meeting you didn't really ask to have 369 00:31:02,35 --> 00:31:08,02 a proper back. And you did and when Reg You said you would have it within two 370 00:31:08,03 --> 00:31:11,84 months that there would be another meaning and that you needed to send the I.R. 371 00:31:11,85 --> 00:31:18,73 On and if you didn't he would now I want to and I'm 372 00:31:18,74 --> 00:31:23,37 sure Stephen said that because he didn't listen to the tape I know that was listen 373 00:31:23,38 --> 00:31:27,44 to the tape I don't know if doing this into it again but I was told that was listen 374 00:31:27,45 --> 00:31:30,43 to it. 375 00:31:34,37 --> 00:31:40,34 Fifteen three years ago three years ago where church and John Campbell came to my 376 00:31:40,35 --> 00:31:44,74 office and they told me along with several other people and some of those people 377 00:31:44,75 --> 00:31:50,74 are in this room tonight that the general plan that you have in front of you today 378 00:31:50,75 --> 00:31:55,81 which has not changed dogs or councilman Doug Stroud said that last night you have 379 00:31:55,82 --> 00:32:01,40 the same policy you had three years ago only were probably another eight hundred 380 00:32:01,41 --> 00:32:06,70 thousand into it or I mean I have no clue how much because I take that back I don't 381 00:32:06,71 --> 00:32:08,74 know how much it cost but I know it's cost 382 00:32:09,07 --> 00:32:15,72 a lot. But Doc's relative he adequately said it didn't feel right Pat what 383 00:32:15,73 --> 00:32:20,32 church and John Campbell told me and several other people that they didn't like the 384 00:32:20,33 --> 00:32:26,73 policy and that it did not represent the people of Fortuna and the policy that you 385 00:32:26,77 --> 00:32:31,59 are going to recommend I'm sure and send on does not represent the citizens of 386 00:32:31,60 --> 00:32:37,98 Fortuna it represents fishing game if it records to fans and 387 00:32:37,99 --> 00:32:42,75 recommends and protects every legislative body in the state of California and the 388 00:32:42,76 --> 00:32:49,26 federal government and does nothing for the citizens of this community you asked to 389 00:32:49,27 --> 00:32:49,41 have 390 00:32:49,42 --> 00:32:53,85 a brought back it was never brought back whatever you guys are going to do you're 391 00:32:53,86 --> 00:33:00,28 going to do it but. In my opinion you haven't finished 392 00:33:00,69 --> 00:33:05,55 and the reason why we spent all those months all those meetings all those hours I 393 00:33:05,56 --> 00:33:11,19 was in here with you was because it was sent back to you to better define and 394 00:33:11,21 --> 00:33:13,85 better change and make it feel more like 395 00:33:13,85 --> 00:33:19,97 a policy that was fit for this city and I'm telling you that the policy that we're 396 00:33:19,98 --> 00:33:25,68 church the mayor of this city is well into except right now is not one bit 397 00:33:25,69 --> 00:33:30,51 different than the document that he didn't like three years ago THANK YOU 398 00:33:32,72 --> 00:33:38,37 THANK YOU Hiba yelps 399 00:33:38,37 --> 00:33:40,35 . 400 00:33:47,46 --> 00:33:53,84 I would ask that you know like her and you might I would ask that you consider two 401 00:33:53,85 --> 00:34:00,69 separate things one is the process would have and I also looked at the tape 402 00:34:01,16 --> 00:34:05,100 and the process that has happened to you is not acceptable and then I went to look 403 00:34:06,01 --> 00:34:12,58 at the policy and. Whatever Mr Richards said 404 00:34:12,71 --> 00:34:17,72 before now there are people in this community that feel comfortable with this plan 405 00:34:18,33 --> 00:34:23,83 so it's the policy itself his is perhaps up for grabs here 406 00:34:23,83 --> 00:34:30,60 . So I just ask you to separate the process from the policy 407 00:34:31,27 --> 00:34:37,31 and at the tape for the tape I thought that I heard that there was only two 408 00:34:37,32 --> 00:34:43,26 chapters that you were still uncomfortable with now I don't know what happened in 409 00:34:43,27 --> 00:34:44,48 terms of the E.R. 410 00:34:44,88 --> 00:34:49,99 To the other chapters but in the tape I thought I heard that you were comfortable 411 00:34:50,00 --> 00:34:54,53 with all of it that you had been through everything except for that he was five and 412 00:34:54,57 --> 00:35:00,29 eight so if you are come to with that I would I would ask you to confirm that 413 00:35:00,39 --> 00:35:04,96 although you've you know obviously said you had seen me so I don't know if it's 414 00:35:04,97 --> 00:35:09,79 change that but that's all I'd like to say thank you thank you 415 00:35:09,79 --> 00:35:14,86 . But he felt 416 00:35:18,79 --> 00:35:23,47 OK this time we're going to close the public comment we're going to turn it over 417 00:35:23,48 --> 00:35:27,81 the Commission so if the commission would like to ask any further questions the 418 00:35:27,82 --> 00:35:30,07 staff if they would like to make a statement 419 00:35:30,08 --> 00:35:36,97 a comment. I certainly have some to say but I'll wait we've been working 420 00:35:36,98 --> 00:35:43,42 on this for five years so I think it is imperative that we all at least state what 421 00:35:43,43 --> 00:35:48,15 we're thinking right now one way or the other so anyone can start whenever they 422 00:35:48,16 --> 00:35:51,20 want. 423 00:36:01,24 --> 00:36:08,23 And. I came into Monday night's meeting thinking I had studied the policy 424 00:36:08,23 --> 00:36:14,04 document and would vote for recommending the City Council adopt it after listening 425 00:36:14,05 --> 00:36:18,65 to Commissioner albums and Commissioner golems comments I concluded additional 426 00:36:18,65 --> 00:36:23,24 analysis should be done that was my reason for moving to 427 00:36:23,25 --> 00:36:29,44 a chair. After Monday's meeting I reviewed the video of the July twenty eighth two 428 00:36:29,45 --> 00:36:33,48 thousand and nine Planning Commission meeting and gave additional thought to the 429 00:36:33,49 --> 00:36:39,90 contents of chapters five an A. M July twenty eighth we were told approval of the 430 00:36:39,91 --> 00:36:44,91 policy document was desired before staff could begin work on earth was desired 431 00:36:44,92 --> 00:36:51,28 before staff began work on. It and that meetings on chapters five and eight would 432 00:36:51,29 --> 00:36:52,78 take place before making 433 00:36:52,79 --> 00:36:58,65 a recommendation to the council those meetings have not occurred I fully concur 434 00:36:58,66 --> 00:37:04,12 with what Sue long said. Since there are serious policy issues in Chapters five and 435 00:37:04,13 --> 00:37:07,97 need to be discussed I think we should not recommend the City Council adopt 436 00:37:07,98 --> 00:37:13,90 a policy document until meetings of the meetings are held in those chapters there 437 00:37:13,91 --> 00:37:19,82 is an additional point I would like to make. The decision we made tonight is not 438 00:37:19,83 --> 00:37:20,23 just 439 00:37:20,27 --> 00:37:26,43 a recommendation to the council it is also an indication of how we expect the Planning 440 00:37:26,44 --> 00:37:32,98 Commission to operate if you believe as I do that when decisions of this commission 441 00:37:32,100 --> 00:37:38,23 are made with an understanding that event certain amounts will occur then those 442 00:37:38,25 --> 00:37:45,14 events should take place. Thank you. 443 00:37:46,83 --> 00:37:49,24 Anybody else. 444 00:37:54,13 --> 00:37:58,72 Come on I know you all want to say something and the 445 00:38:01,81 --> 00:38:05,77 I'm going to go last. 446 00:38:19,37 --> 00:38:25,96 Before Monday night's meeting I reviewed the tape from July two thousand I mean. 447 00:38:26,09 --> 00:38:32,66 And. I was present what I saw what I heard and same thing again 448 00:38:33,20 --> 00:38:39,93 and it was very clear. That we were not going to switch up or saliva eight to 449 00:38:39,94 --> 00:38:45,51 cool German Thomas in any order but so I would like the public record I'm not 450 00:38:45,52 --> 00:38:49,74 comfortable because we haven't finished chapters five and eight and I know you said 451 00:38:49,75 --> 00:38:54,12 it's going to come back and I know it will that was it three hours six minutes into 452 00:38:54,13 --> 00:39:00,04 the meeting. They never came back and I have 453 00:39:00,05 --> 00:39:05,95 a big problem with that we didn't finish reviewing the document the document isn't 454 00:39:05,95 --> 00:39:11,90 . Now complete and how can we as the Planning Commission do our job 455 00:39:13,27 --> 00:39:19,73 and soon this on to the plate to the city council if it's not complete That's 456 00:39:19,73 --> 00:39:26,66 . Just can't understand that and then. Last night 457 00:39:26,67 --> 00:39:33,62 to be told we have to do this today that stinks something stinks. 458 00:39:33,67 --> 00:39:37,04 I'm not sure what or why the big rush all of 459 00:39:37,05 --> 00:39:43,64 a sudden but based on the codes that the attorneys bought it off last night 460 00:39:44,33 --> 00:39:50,53 that they can't even do that and so I'm tempted to make no recommendation of all 461 00:39:50,54 --> 00:39:57,11 the city council night. And instead suggest that we finish working on this document 462 00:39:57,12 --> 00:40:00,77 because right now this document is in the city for two another I know and that I 463 00:40:00,78 --> 00:40:06,57 grew up in and I chose to come back and live in and raise my family in. 464 00:40:07,80 --> 00:40:14,56 Thank you. Can someone answer how how this went on for 465 00:40:14,57 --> 00:40:19,58 fifteen months we had no meetings and then all of the sudden we have to get this 466 00:40:19,59 --> 00:40:25,56 passed right now I don't understand what would have been the big deal one more 467 00:40:25,57 --> 00:40:30,75 meeting. Why we couldn't have had one more meeting to finish this that has to be 468 00:40:30,76 --> 00:40:37,72 done now I don't understand that this is so important to our city it just 469 00:40:37,73 --> 00:40:41,66 makes absolutely no sense to me Can someone please explain that to me. 470 00:40:53,82 --> 00:40:59,77 Ideally it should have come back to you say that it should have come back to you 471 00:41:00,42 --> 00:41:05,46 and we've all talked about that and we do feel like if we all agree that it should 472 00:41:05,47 --> 00:41:11,62 have come back to you. One of the reasons that we created this package that we gave 473 00:41:11,63 --> 00:41:15,83 to the council last night that's why you hadn't seen it it's the one that starts 474 00:41:15,84 --> 00:41:21,39 with the schedule. And then it includes the minutes of some of the meetings that 475 00:41:21,40 --> 00:41:26,85 we've been talking about and the staff reports. After the Monday night council 476 00:41:26,86 --> 00:41:32,10 meeting I did go back and look at the general point is this schedule of where we've 477 00:41:32,11 --> 00:41:36,77 been in every single meaning that we've had is listed on this table and I had been 478 00:41:36,78 --> 00:41:41,16 keeping this up anyway I just happen to have it and I pulled it out again to remind 479 00:41:41,17 --> 00:41:46,27 myself. And I do believe even though we should have come back to chapter five and 480 00:41:46,28 --> 00:41:51,93 eight and wrapped it up with the Planning Commission. I do believe that we've had 481 00:41:51,94 --> 00:41:57,40 a good process from the very beginning and we had the the five community workshops 482 00:41:57,41 --> 00:41:57,94 where we got 483 00:41:58,27 --> 00:42:04,02 a lot of information reams of information from the public and that is what it meant 484 00:42:04,03 --> 00:42:09,83 to your base their original policy document on that policy document was as you can 485 00:42:09,84 --> 00:42:13,22 see there were numerous meetings with the Planning Commission and with the council 486 00:42:13,23 --> 00:42:17,33 and that went on for two years through two thousand and seven and we had 487 00:42:17,34 --> 00:42:23,60 a policy document that ended up going to we prepared and here you are on that so 488 00:42:23,94 --> 00:42:29,04 you know even though people weren't satisfied with it it was still something that 489 00:42:29,05 --> 00:42:34,37 the council sort of blast and you know I'm sort of you know with hesitation and I 490 00:42:34,38 --> 00:42:39,50 can tell you that. Staff wasn't satisfied with it either but I think that's 491 00:42:39,51 --> 00:42:44,94 a reflection of the fact that you know the general plan isn't going to please 492 00:42:44,95 --> 00:42:49,52 everybody because it's not written by one person it's written by the public and 493 00:42:49,53 --> 00:42:54,01 staff and the Planning Commission and the council so no one is happy with the 494 00:42:54,02 --> 00:42:59,76 general plan and I that's probably true in every community not just this one and 495 00:42:59,77 --> 00:43:03,83 one of the reasons that we updated general plan is because not only values change 496 00:43:03,84 --> 00:43:08,88 but the regulatory framework changes and staff doesn't make the regulations but 497 00:43:08,89 --> 00:43:14,11 unfortunately our job is that we have to implement them so we do get looked at as 498 00:43:14,19 --> 00:43:20,03 you know anti development anti. You know property rights but we're not. 499 00:43:21,56 --> 00:43:25,92 So then as you can see there were additional meetings with the council and then the 500 00:43:25,93 --> 00:43:31,21 twelve meetings with the Planning Commission last year and one of the things that 501 00:43:31,22 --> 00:43:36,55 is in this packet are the you know the justifications for the changes I wanted to 502 00:43:36,56 --> 00:43:41,49 go back at the end of two thousand and seven. After that you know I was circulated 503 00:43:41,50 --> 00:43:42,65 we had a R. 504 00:43:43,02 --> 00:43:48,74 And the comments and the policy document reviewed by this sequel attorney he's very 505 00:43:48,75 --> 00:43:52,39 well qualified if you look at is qualifications he's 506 00:43:52,78 --> 00:43:57,80 a trainer you know he's got twenty plus years of experience just in this area where 507 00:43:57,81 --> 00:44:02,84 we we don't it's not something that the normal stuff person works on very often so 508 00:44:02,85 --> 00:44:05,96 he is the one who said this is where your document is 509 00:44:05,97 --> 00:44:12,74 a week these are the things that will fix it and make it so you know so it's not 510 00:44:12,79 --> 00:44:17,64 challenge and you know it's the worst censors in fact that the mill district you 511 00:44:17,65 --> 00:44:21,49 know one of the city's policies or values is that that gets developed and we want 512 00:44:21,50 --> 00:44:27,79 to support that So those are the I mean that's that's sort of 513 00:44:27,80 --> 00:44:34,55 the you know what we took from those twelve meetings. Chapters five and eight 514 00:44:34,56 --> 00:44:40,97 were if you look at the minutes and the staff report were reviewed. On July second 515 00:44:40,98 --> 00:44:45,47 at that meeting July fourteenth and July twenty eighth so those chapters were 516 00:44:45,48 --> 00:44:51,35 looked at your comments are in the packet Stephen you know we gave to the Council 517 00:44:51,36 --> 00:44:57,43 on Monday night I know they weren't complete but legally we looked at what was what 518 00:44:57,44 --> 00:45:03,15 your comments were and what the recommendations of attorney were and and felt that 519 00:45:03,16 --> 00:45:07,58 those things that you know the things that were in there needed to stay so in that 520 00:45:08,08 --> 00:45:12,36 in that regard we felt like you know there really wasn't any more room for changes 521 00:45:13,12 --> 00:45:18,97 so that's why we sort of just moved on and we should have come back and wrap things 522 00:45:18,98 --> 00:45:25,83 up guys. That still didn't answer my 523 00:45:25,84 --> 00:45:32,53 question why the big rush to have it passed now that the Council's 524 00:45:32,54 --> 00:45:39,37 direction the councils the one that chose to you know working 525 00:45:39,38 --> 00:45:45,94 with the attorney. Councils on who chose to give it the short deadline 526 00:45:46,35 --> 00:45:50,04 so the council can come in before we're finished with the project and just take it 527 00:45:50,05 --> 00:45:56,02 from us so is the legislative body the point commission is the point body and we're 528 00:45:56,03 --> 00:46:02,73 just now. Thank you. 529 00:46:03,44 --> 00:46:04,44 Liz I agree we did have 530 00:46:04,45 --> 00:46:10,69 a good process but it wasn't complete and what's the point of doing anything good 531 00:46:10,85 --> 00:46:17,74 if we don't complete the job. You're right we did briefly discuss Japers five and 532 00:46:17,75 --> 00:46:24,09 eight when we got bogged down we decided to go back to him. And my last point if 533 00:46:24,13 --> 00:46:28,20 everybody's unsatisfied with this general plan maybe there's something wrong with 534 00:46:28,21 --> 00:46:34,13 it maybe we do need to go back and look at it again if there's this much contention 535 00:46:34,15 --> 00:46:39,81 over it. Maybe maybe it's not right maybe it's not the right thing 536 00:46:39,81 --> 00:46:43,24 . 537 00:46:46,86 --> 00:46:47,10 I've got 538 00:46:47,11 --> 00:46:52,45 a question for the commissioners five in an eight What is it that you don't like 539 00:46:52,46 --> 00:46:58,36 about Feyerick is there anything in particular that you're on south side with or 540 00:46:58,37 --> 00:47:03,30 just the process of not being able to. Go all route 541 00:47:04,05 --> 00:47:08,78 a little closer than we did start its number the process yes we started and we 542 00:47:08,79 --> 00:47:14,21 never finished them but we got bogged down was jackers big time I thought and I 543 00:47:14,22 --> 00:47:20,79 think if anybody else would be or disagree. And we didn't finish it but is there 544 00:47:20,80 --> 00:47:24,54 anything in particular it's been several months and so I really studied Japanese 545 00:47:24,55 --> 00:47:27,11 five and eight but I know what I did there was 546 00:47:27,12 --> 00:47:33,84 a lot of things in that. Well the answer to 547 00:47:34,84 --> 00:47:41,68 COMMISSIONER Well this question. I get bothered that we're holding the commission 548 00:47:41,94 --> 00:47:42,09 to 549 00:47:42,10 --> 00:47:48,72 a different standard than we're holding the staff to OK we're you're asking for specifics 550 00:47:48,73 --> 00:47:53,75 from commission of members and we have not gotten the specifics from the staff yet 551 00:47:54,15 --> 00:47:55,07 I heard again from 552 00:47:55,08 --> 00:48:01,98 a list tonight the general term. Requirements I have not heard 553 00:48:01,99 --> 00:48:08,86 in fifteen months the specific relationship of the legal requirements to lines 554 00:48:08,90 --> 00:48:15,62 in the policy document until I hear that I will not be satisfied I cannot take 555 00:48:15,63 --> 00:48:20,63 generalities one of the things I try to point out earlier is there is 556 00:48:20,64 --> 00:48:25,26 a credibility issue when you tell us that we're going to meet again and for fifteen 557 00:48:25,27 --> 00:48:31,82 months we don't meet it is time to talk specifics and not generalities. 558 00:48:34,47 --> 00:48:39,36 Speaking of the legality brought this up through four times already but is there 559 00:48:39,37 --> 00:48:43,96 any legal precedence as to what the city council's asking us to do as far as 560 00:48:43,97 --> 00:48:50,67 deciding tonight what our recommendation is but. I don't think staff has to answer 561 00:48:50,68 --> 00:48:51,29 that N.D. 562 00:48:51,35 --> 00:48:56,89 Tonight they have an attorney on staff he's advised them this is what's in front of 563 00:48:56,90 --> 00:49:01,15 us we can't keep asking this question we have to as 564 00:49:01,16 --> 00:49:08,14 a commission at some point believe what they have told us from their 565 00:49:08,15 --> 00:49:13,31 attorney is accurate we're not that we're not the jury of that but I have something 566 00:49:13,32 --> 00:49:14,18 to say here in 567 00:49:14,19 --> 00:49:20,35 a minute but let's we can ask them that they have told us this is what's before us 568 00:49:21,39 --> 00:49:26,47 not the legality of it we're not attorneys we're not judges we don't understand 569 00:49:26,48 --> 00:49:31,77 legislative law the city has an attorney on staff we're told that this is what we 570 00:49:31,78 --> 00:49:38,57 have to do now saying we have to do it they're not going to answer that question. 571 00:49:39,83 --> 00:49:46,41 I don't expect him to with the city tonight here but I that's I was he was here. 572 00:49:47,50 --> 00:49:52,82 When else. 573 00:49:59,69 --> 00:50:05,28 So thank you for the comments you were very articulate and thank you also for 574 00:50:05,48 --> 00:50:11,06 reminding me of that meeting that that I was at and I had forgotten about 575 00:50:11,06 --> 00:50:17,13 . I do recall now very clearly my 576 00:50:17,13 --> 00:50:22,99 . Very serious concerns over the document and 577 00:50:24,45 --> 00:50:31,37 the dilemma that I'm facing here as I listen to everybody and evaluate it I've come 578 00:50:31,38 --> 00:50:31,53 to 579 00:50:31,54 --> 00:50:36,97 a place where I am now because I have been in public service for so long and I know 580 00:50:36,99 --> 00:50:43,98 how these things can go I am now wearing weighing very carefully. What 581 00:50:44,06 --> 00:50:50,47 the outcome may be should we not approve the plan and what the ramifications of 582 00:50:50,48 --> 00:50:56,97 that may be versus approving the plan and retaining some level of of 583 00:50:57,01 --> 00:51:02,89 control over with the process that's following. Your comment 584 00:51:03,93 --> 00:51:07,98 two years three years if it takes that long we may not be here maybe the wrong 585 00:51:07,99 --> 00:51:14,92 people. I am convinced that this commission would take that next task very 586 00:51:14,93 --> 00:51:21,24 seriously and holding the Kelso and the staff accountable for the promises that 587 00:51:21,25 --> 00:51:26,98 have been made about the next step in the process so that's what I'm that's what 588 00:51:26,100 --> 00:51:33,68 I'm weighing at this point. So Martin I have 589 00:51:33,69 --> 00:51:38,21 a question for you and I'm not quite clear on what you meant by the earlier 590 00:51:38,22 --> 00:51:43,59 statement that we have to take. The generalization that the lawyer says we take the 591 00:51:43,60 --> 00:51:49,33 whole document without having any specifics can you speak to that again sure I'll 592 00:51:49,34 --> 00:51:52,76 go ahead and give my statement now and I'll try and answer that in my statement if 593 00:51:52,77 --> 00:51:59,15 not you can react to the question five years ago we started this general plan 594 00:51:59,16 --> 00:52:04,29 update some of the members that are on here I think were on your own we started 595 00:52:04,30 --> 00:52:08,77 five years ago some came on as commissions do they come and go some of not been on 596 00:52:08,78 --> 00:52:12,72 the whole time I know when we started that about 597 00:52:12,73 --> 00:52:17,57 a year in I remember telling my family that I was going to leave the Planning 598 00:52:17,58 --> 00:52:21,89 Commission is soon as the general plan was updated and I thought it would honestly 599 00:52:21,90 --> 00:52:26,99 take about one more year so it's been five years that's how long we've been working 600 00:52:26,100 --> 00:52:32,36 on this I think what we're looking at here for me it's two things the process 601 00:52:32,37 --> 00:52:38,71 versus the document we went through a process that's taken five years and we have 602 00:52:38,72 --> 00:52:44,37 a document that's in front of us the members of the commission and city staff know 603 00:52:44,38 --> 00:52:49,89 myself I have been so uncomfortable with this process now I like Andy said there 604 00:52:49,90 --> 00:52:50,01 were 605 00:52:50,02 --> 00:52:54,55 a lot of good things with the process early on we had great input from the community 606 00:52:54,56 --> 00:52:57,14 we had great community workshops we did 607 00:52:57,15 --> 00:53:03,13 a lot of good work I had have had many problems and when can attest at these 608 00:53:03,14 --> 00:53:08,59 meetings right here back and forth almost yelling at each other about the process 609 00:53:08,60 --> 00:53:13,36 and the role of the Planning Commission I've always felt concerned I've felt that 610 00:53:13,37 --> 00:53:18,15 the Planning Commission has been marginalized. 611 00:53:20,30 --> 00:53:24,20 You know the joint meetings with the city council I've always been opposed to 612 00:53:24,21 --> 00:53:28,82 because I feel that marginalizes a planning commission when it's 613 00:53:28,83 --> 00:53:33,24 a joint meeting of the city council and the Planning Commission the city council 614 00:53:33,25 --> 00:53:37,15 sets up here the planning commissions down there and although it's your meeting too 615 00:53:37,16 --> 00:53:41,18 it's really not because people know who the decision makers are it's the city 616 00:53:41,19 --> 00:53:46,17 council and I just have never felt those meetings lead to us doing what we have 617 00:53:46,18 --> 00:53:52,30 been tasked to do. So the process has been to me at times very ugly and I don't 618 00:53:52,31 --> 00:53:55,68 want to sit up here and try and be cute but you know they say 619 00:53:55,79 --> 00:54:00,16 a bill being made in Congress is kind of like sausage being made and that's kind of 620 00:54:00,17 --> 00:54:03,13 what we've watched year but I make sausage every year and it's 621 00:54:03,14 --> 00:54:10,05 a lot cleaner than this has been fifteen months ago we had our last meeting on on 622 00:54:10,06 --> 00:54:16,95 the general plan update and the Sue quoting me. Andy those 623 00:54:16,96 --> 00:54:20,83 are those are all true and I can also tell you that in the last fifteen months 624 00:54:20,84 --> 00:54:27,50 myself. Have asked different members of staff hey what's going on with the general 625 00:54:27,51 --> 00:54:31,99 plan update you know every couple months what's going on what's going on oh we're 626 00:54:32,00 --> 00:54:35,74 working on it and I know other members of the commission I'm sure have asked also 627 00:54:35,75 --> 00:54:41,45 what's going on and then you tend to forget about it you know we all have our busy 628 00:54:41,46 --> 00:54:46,08 lives we're just up here you know we're not politicians we all have families and 629 00:54:46,09 --> 00:54:49,47 lives and we're to stop here trying to do what we think is best for this city and 630 00:54:49,48 --> 00:54:54,55 so you know I was shocked when I was told it was fifteen months I couldn't believe 631 00:54:54,56 --> 00:55:01,07 that much time it went by I thought it was six. But that's how much time went by 632 00:55:01,09 --> 00:55:06,42 and I'll just throw it out there I mean I mean we might as well say it about three 633 00:55:06,43 --> 00:55:11,36 weeks ago and I haven't talked to Tammy about this per se but three weeks ago I 634 00:55:11,38 --> 00:55:12,22 knew there was going to be 635 00:55:12,24 --> 00:55:16,43 a meeting on the general plan update and at first I'm like wow we're finally going 636 00:55:16,45 --> 00:55:16,74 to have 637 00:55:16,75 --> 00:55:21,75 a meaning. And I was driving home from work and about three seconds later I just 638 00:55:21,76 --> 00:55:26,57 went wait a minute there is an election very soon and you don't have to be 639 00:55:26,58 --> 00:55:31,08 a rocket scientist to understand why we're here why there's 640 00:55:31,09 --> 00:55:34,69 a meeting why they want to hear OK There could be 641 00:55:34,70 --> 00:55:41,55 a brand new council and that council may or may not 642 00:55:41,56 --> 00:55:46,79 say I don't like anything about this general plan we're starting over and I think 643 00:55:46,80 --> 00:55:47,45 there's of maybe 644 00:55:47,46 --> 00:55:52,93 a fear of that I'm not I'm just assuming I'm just try and read between the lines I 645 00:55:52,94 --> 00:55:56,96 think they're saying well we're I don't know how we got to be over 646 00:55:56,97 --> 00:56:01,05 a million dollars into this thing I don't know we're five years into it and I think 647 00:56:01,06 --> 00:56:01,26 there's 648 00:56:01,27 --> 00:56:07,84 a fear possibly do we really want to start all over because I think in my view 649 00:56:08,11 --> 00:56:14,55 if it doesn't get done we are starting over yet depending on that the makeup of 650 00:56:14,57 --> 00:56:19,50 a new city council I think that the majority of this document would be trashed and 651 00:56:19,51 --> 00:56:25,27 we are starting over that's my opinion so yeah the process has been not well 652 00:56:25,47 --> 00:56:28,01 handled maybe some of that's our fault as 653 00:56:28,02 --> 00:56:33,28 a commission for not being more forceful in saying we want answers now I want to 654 00:56:33,29 --> 00:56:35,69 you know we we could have caught I could have called 655 00:56:35,70 --> 00:56:39,72 a special meeting other chairman's at the time we could have done more to be more 656 00:56:39,73 --> 00:56:46,70 proactive ourselves OK. City council could have been more proactive but 657 00:56:46,87 --> 00:56:51,21 that's water under the bridge This is where we're at so now we have to look at the 658 00:56:51,22 --> 00:56:57,60 document that's in front of us we have worked on this for five years 659 00:56:58,24 --> 00:57:00,47 now at our last meeting there were 660 00:57:00,48 --> 00:57:05,23 a lot of things that I didn't care for that none of us cared for but really for the 661 00:57:05,24 --> 00:57:09,73 most part most of those were specific things for example I know one that keeps 662 00:57:09,74 --> 00:57:12,55 coming up. Building on 663 00:57:12,56 --> 00:57:17,54 a twenty five percent slope or or whatever we all said you know hey if you can pay 664 00:57:17,55 --> 00:57:18,14 the engineer 665 00:57:18,15 --> 00:57:22,22 a million dollars and he can engineer that more power to you man go ahead and build 666 00:57:22,23 --> 00:57:22,34 on 667 00:57:22,35 --> 00:57:29,40 a ninety degree slope we don't care we did get albeit late the process list of 668 00:57:29,41 --> 00:57:34,47 all the majority that I saw the recommendations we wanted made and you know and 669 00:57:34,48 --> 00:57:38,36 then they would date said you know they would say hey this is what the commission 670 00:57:38,37 --> 00:57:42,90 recommends to the city council and then the staff comment would say staff concurs 671 00:57:42,91 --> 00:57:49,08 with the recommendation or I would say staff doesn't concur and this is why Ok so 672 00:57:49,09 --> 00:57:53,01 so for example the twenty or twenty five percent staff didn't concur and they 673 00:57:53,02 --> 00:57:56,61 didn't want to change it and now they say there's 674 00:57:56,62 --> 00:58:03,20 a reason they have to do that I don't necessarily agree with it but that's 675 00:58:03,58 --> 00:58:07,06 that's what is there. 676 00:58:11,25 --> 00:58:16,78 The document front of us is not perfect and it will never be perfect and I you know 677 00:58:16,82 --> 00:58:21,36 the people that are here speaking tonight are our citizens that since I've been on 678 00:58:21,37 --> 00:58:25,40 the commission for many many years they go to almost every meeting and they care 679 00:58:25,41 --> 00:58:30,24 about the city and you know I've made the comment before we have twelve thousand 680 00:58:30,25 --> 00:58:34,81 people in the town and it's always the same six or seven people there that are 681 00:58:34,82 --> 00:58:36,19 coming to us Well you know that's 682 00:58:36,20 --> 00:58:39,77 a six or seven people and I know they have people they talk to they have the time 683 00:58:39,78 --> 00:58:43,14 just like we do to care so I know they care and I agree with 684 00:58:43,15 --> 00:58:49,94 a lot of what they say but this is not my general plan it's not two wings 685 00:58:50,09 --> 00:58:51,43 paths it's 686 00:58:51,44 --> 00:58:56,02 a general plan for the city of Fortuna and we will never and we all know that we're 687 00:58:56,02 --> 00:58:56,73 never going to get 688 00:58:56,73 --> 00:59:02,57 a perfect general plan we're never going to get that I mean we can start all over 689 00:59:02,58 --> 00:59:07,68 and something somebody else is going to like I'm not going to like vice versa I'm 690 00:59:07,68 --> 00:59:13,73 over all. Proud of the work that this commission has done if nothing else for the 691 00:59:13,74 --> 00:59:18,93 time that we have spent up here hours and hours and hours and hours away from our 692 00:59:18,94 --> 00:59:23,69 family and friends I mean it's not like this is overly fun and there's nothing 693 00:59:23,73 --> 00:59:29,52 really in it for you other than trying to do your side your civic duty and you know 694 00:59:29,53 --> 00:59:36,35 I am proud of the work we did and the majority of this plan I support Now again I'm 695 00:59:36,36 --> 00:59:37,68 not a lawyer I'm not 696 00:59:37,69 --> 00:59:42,23 a sequel lawyer I'm not an environmental lawyer I don't understand why some of 697 00:59:42,24 --> 00:59:45,57 these things can or cannot be in there but I'm not supposed to be 698 00:59:45,58 --> 00:59:49,91 a lawyer I'm not supposed to make sure and I don't think we're supposed to make 699 00:59:49,92 --> 00:59:54,70 sure that every single thing in there is just perfect with the law on this and that 700 00:59:54,85 --> 00:59:59,97 that's not our charge we're planning commission citizens of this community with 701 00:59:59,98 --> 01:00:06,55 different backgrounds and we're supposed our charge to me here is to 702 01:00:06,63 --> 01:00:12,51 look at the whole the process hold the meetings get the input give our employees 703 01:00:13,81 --> 01:00:20,40 and then we say we either approve of this or we disapprove of it it's not our job 704 01:00:20,41 --> 01:00:25,81 to write this general plan it's the city council's job that's where it finally Rast 705 01:00:25,85 --> 01:00:32,50 our job is to look at this and either approve it or disapprove it moving on 706 01:00:32,67 --> 01:00:38,65 now Arden I I think was your question why do I think it has to be done tonight 707 01:00:38,65 --> 01:00:45,32 . What. My question concerns what we should 708 01:00:45,33 --> 01:00:52,09 expect relative to the. Statements 709 01:00:52,10 --> 01:00:58,75 about. The legality of certain items in the in the policy document 710 01:00:59,10 --> 01:01:04,16 because I have been previous meetings pointed out statements that are just object 711 01:01:04,17 --> 01:01:10,36 of by nature and yet all I get back is the statement that well it's it's required 712 01:01:10,37 --> 01:01:13,96 for legal authority I cannot accept that in 713 01:01:13,97 --> 01:01:19,49 a way I can accept that that's I understand that and I can sympathize with that I 714 01:01:19,50 --> 01:01:26,10 can accept it because I'm not the attorney if the city staff is telling me that 715 01:01:26,11 --> 01:01:33,09 that is legally acceptable I've got to believe them I'm just I think 716 01:01:33,10 --> 01:01:37,92 I do sue you shake your head at me that's just fine I didn't shake my head at you 717 01:01:37,93 --> 01:01:44,70 when you were talking I listened very nicely OK. So the 718 01:01:44,74 --> 01:01:51,68 point is is. We are not attorneys if they have told us that that 719 01:01:51,69 --> 01:01:55,56 is legally acceptable that's good enough for me that's all and I understand that 720 01:01:55,57 --> 01:02:00,44 you don't feel that way it's not a matter of having to be legal tourney it's 721 01:02:00,45 --> 01:02:06,42 a matter of logic that's where I'm coming from OK A statement is either logically 722 01:02:06,43 --> 01:02:11,44 defensible or it's not logically dispensable it doesn't have anything to do with 723 01:02:11,45 --> 01:02:11,85 whether you're 724 01:02:11,86 --> 01:02:17,66 a lawyer or not there are statements in this policy document that are not logically 725 01:02:17,67 --> 01:02:22,04 defense and that's OK And and to use 726 01:02:22,08 --> 01:02:28,84 a generalization that it's legally required is not good enough that's what we're 727 01:02:28,85 --> 01:02:29,04 getting 728 01:02:29,05 --> 01:02:35,28 a smokescreen here OK respond to me OK if I can point out one that's all it takes 729 01:02:35,29 --> 01:02:36,81 and there was it's like 730 01:02:36,82 --> 01:02:40,89 a mathematical proof I can prove it by negating it and that's what I'm trying to do 731 01:02:40,90 --> 01:02:46,29 here OK I have put on the table in the past Pacific examples where this is true but 732 01:02:46,30 --> 01:02:50,81 I still get the same statement because it's an easy statement to make That's what's 733 01:02:50,82 --> 01:02:56,40 not right here then why did you vote yes for it at the last meeting OK I felt like 734 01:02:56,41 --> 01:03:03,32 you coming into the last meeting that the general policy document was we had found 735 01:03:03,33 --> 01:03:09,75 a lot of time on OK and I thought it should go forward but I realized in listening 736 01:03:09,76 --> 01:03:15,37 to and and and Tammy that I had been too quick OK OK I made 737 01:03:15,38 --> 01:03:20,48 a mistake if I had to do over again I would have done what I did on Monday I think 738 01:03:20,55 --> 01:03:25,07 personally that we're letting the motions get involved and were let in the process 739 01:03:25,08 --> 01:03:31,04 get in the way of the documents I think everyone's upset about the process and 740 01:03:31,05 --> 01:03:33,12 upset that we are told to have to make 741 01:03:33,13 --> 01:03:39,89 a decision tonight. If we do nothing no matter you know we can do nothing that's 742 01:03:39,90 --> 01:03:44,28 fine doesn't matter to me we can vote it up we can vote it down we can adjourn and 743 01:03:44,29 --> 01:03:50,82 walk out of here it is going to the city council at their next meeting now. I feel 744 01:03:50,83 --> 01:03:54,48 it's an obligation of this commission to at least have 745 01:03:54,49 --> 01:04:01,23 a vote up or down. One way or the other I don't want to adjourn and that I 746 01:04:01,24 --> 01:04:04,97 feel that's our job after five long years 747 01:04:04,98 --> 01:04:09,29 a work regardless if we think it should be another two months or three months it's 748 01:04:09,30 --> 01:04:12,64 not here we are tonight and we're being asked to make 749 01:04:12,65 --> 01:04:18,94 a decision so. That's all I have to say the public comments been closed sorry 750 01:04:18,94 --> 01:04:25,60 . It will it will be on an agenda. 751 01:04:26,11 --> 01:04:31,09 It's on October twenty sixth Yeah. 752 01:04:41,04 --> 01:04:46,89 So here we are people can continue to speak and give their opinions we can make 753 01:04:46,90 --> 01:04:53,50 a motion for 754 01:04:54,31 --> 01:04:54,81 for we make 755 01:04:54,82 --> 01:04:59,23 a motion I want to say that I have participated many years ago and I'm in the 756 01:04:59,24 --> 01:05:04,71 planning process you know I'm OK where we did five neighborhoods it was 757 01:05:04,72 --> 01:05:11,66 a three month process that took five years. And. That one 758 01:05:11,67 --> 01:05:18,41 and it was the same kind of issue and representatives from Fish and 759 01:05:18,42 --> 01:05:24,85 Game. Differed in that we did have representatives come forward and explain aspects 760 01:05:24,85 --> 01:05:30,82 of the law that were troubling to us that said I 761 01:05:31,95 --> 01:05:38,76 And I also understand that. A document such as this I do accept 762 01:05:39,66 --> 01:05:45,81 that if there are areas there that can be challenged legally and successfully that 763 01:05:45,81 --> 01:05:51,29 it will be challenged I don't accept the fact that while I work in an environment 764 01:05:51,30 --> 01:05:58,17 where it is and I've seen it happen too many times so I'm of the opinion that if 765 01:05:58,18 --> 01:06:02,19 we if we choose to vote to stand on. 766 01:06:05,05 --> 01:06:09,55 My biggest concern is we will cease to be active participants in the rest of this 767 01:06:09,56 --> 01:06:13,25 process. 768 01:06:32,93 --> 01:06:33,72 Anybody want to make 769 01:06:33,73 --> 01:06:40,41 a motion anybody want to say anything else have another question 770 01:06:41,08 --> 01:06:47,96 so what Mike was saying if this is voted down that we won't be able to participate 771 01:06:47,97 --> 01:06:53,41 in this process and more does that mean that we can't work on the zoning or 772 01:06:53,41 --> 01:06:59,12 . Still I don't think 773 01:06:59,12 --> 01:07:04,34 . Literally because certainly if you're still in the planning commission you would 774 01:07:04,35 --> 01:07:11,13 still be making decisions I think it would be difficult for me 775 01:07:11,13 --> 01:07:16,99 to I mean I would fully participate but it would be difficult for me to go forward 776 01:07:17,03 --> 01:07:17,22 with 777 01:07:17,22 --> 01:07:24,39 a plan that I had not supported and do the next step in the work as 778 01:07:24,40 --> 01:07:31,25 well. I would take 779 01:07:31,26 --> 01:07:37,11 a little different tack on that. I would say we should vote it down to send 780 01:07:37,12 --> 01:07:42,15 a loud and clear message that we don't want to continue the process forward like 781 01:07:42,16 --> 01:07:46,94 we've had in the past we're sitting here talking about going forward with zoning 782 01:07:46,95 --> 01:07:52,29 documents and other things OK if we vote in favor of this tonight we'll continue 783 01:07:52,30 --> 01:07:54,59 the same process in the future I don't want to be 784 01:07:54,60 --> 01:07:58,73 a participant in that type of charade it's time to send 785 01:07:58,74 --> 01:08:03,03 a message loud and clear that if you want to vote for this commission then you need 786 01:08:03,04 --> 01:08:04,45 to earn. 787 01:08:12,98 --> 01:08:19,89 It When else like to say anything hopefully someone's 788 01:08:19,90 --> 01:08:22,55 going to make some type of motion in it in a in 789 01:08:22,56 --> 01:08:29,49 a minute here again I employ the commission to not get caught up in we are 790 01:08:29,53 --> 01:08:35,79 we fill that we you know we've been treated wrongly or badly or the process hasn't 791 01:08:35,80 --> 01:08:42,58 gone crack is it hasn't we know that and I say part of it's our fault. 792 01:08:44,11 --> 01:08:46,64 We've been sitting up here for fifteen months without 793 01:08:46,65 --> 01:08:51,41 a meaning we should have called for some action and we did it and I will take 794 01:08:51,42 --> 01:08:53,67 responsibility for part of that not all of it but 795 01:08:53,68 --> 01:08:56,83 a little teeny bit I mean I kind of 796 01:08:56,84 --> 01:09:01,84 a little bit disagreeing with that because many times we asked you know when is 797 01:09:01,85 --> 01:09:04,89 this coming back what's going on and there was always 798 01:09:04,93 --> 01:09:09,34 a reason it wasn't quite ready yet it wasn't I could've called 799 01:09:09,35 --> 01:09:13,87 a national meeting just like we have tonight OK it's all your fault that it 800 01:09:13,91 --> 01:09:20,04 a little bit. I'm just saying please let's let's look at the document and you know 801 01:09:20,05 --> 01:09:25,11 if we don't if people aren't happy with the document I have no problem with that 802 01:09:25,12 --> 01:09:32,09 but let's not vote no just because we don't like the process I think we vote on 803 01:09:32,10 --> 01:09:33,96 the document we all of sent 804 01:09:33,97 --> 01:09:40,81 a message we do not like this process we know that but that doesn't get us anywhere 805 01:09:43,79 --> 01:09:49,22 vote no if you don't like that vote document vote yes if you still don't like it 806 01:09:50,13 --> 01:09:55,25 but think that's the work that we've done and the as good as it may get 807 01:09:55,25 --> 01:09:57,24 . 808 01:10:04,61 --> 01:10:10,12 Let's if we can take those emotions out I mean you're probably right handy but that 809 01:10:10,13 --> 01:10:11,34 will come up if you are 810 01:10:17,39 --> 01:10:18,79 it's hard for me to vote yes on 811 01:10:18,80 --> 01:10:25,73 a document that I didn't get to finish and I don't like what's in there. I'm not 812 01:10:25,73 --> 01:10:32,39 . Criticizing for you that all the but what I don't like is in there as well 813 01:10:32,76 --> 01:10:39,60 the parts that we did and you know that are in there I mean there's that was good 814 01:10:39,61 --> 01:10:46,43 we did good work I think we made good suggestions but. I don't I just if it was 815 01:10:46,44 --> 01:10:51,34 completely done I would totally support it but it's not and I can't totally support 816 01:10:51,35 --> 01:10:55,78 I understand that but I'd completely happy when I told you agree with Sammy if it 817 01:10:55,79 --> 01:11:01,45 was done I could support this but it's not we didn't finish. There were changes 818 01:11:01,46 --> 01:11:06,54 made to this document that we just found out to go about in one of these recent 819 01:11:07,38 --> 01:11:14,04 packets we got about just just to point out that the square footage is on the type 820 01:11:14,05 --> 01:11:19,81 of use purge zone or. Verizon produced great we talked for 821 01:11:19,82 --> 01:11:24,17 a long time about it's good it's bad it's this and we decided to get rid of IT 822 01:11:24,28 --> 01:11:28,32 staff decided to put it back again and we just found out after the UARS already 823 01:11:28,33 --> 01:11:35,27 done we decided that the community that the market would determine how it 824 01:11:35,28 --> 01:11:39,97 grew I agree with you and it's back and we spent 825 01:11:39,98 --> 01:11:45,18 a lot of time on that there's no legal precedent for that but we are not the policy 826 01:11:45,19 --> 01:11:51,60 grafters you're right we get our input no we very well they may change it or not 827 01:11:51,61 --> 01:11:58,31 accept it or not accept it and the City Council. Can then again change everything 828 01:11:58,32 --> 01:12:04,18 we've done I mean so it's our job if you and I did our job I looked in that our 829 01:12:04,19 --> 01:12:07,52 planning commission commissioners handbook that we got all got we started on this 830 01:12:07,53 --> 01:12:11,12 these are sort of the commission and I didn't bring with me I wish I would have but 831 01:12:11,13 --> 01:12:15,48 it basically says our job for the plan for the general plan is to help facilitate 832 01:12:15,49 --> 01:12:20,07 the creation of general plan it's not to approve or disapprove it it's our job to 833 01:12:20,08 --> 01:12:25,14 help create it feels to facilitate the creation of it it's the city councils job to 834 01:12:25,15 --> 01:12:30,88 adopt it or not adopt it I don't feel that we are we're done with that document I 835 01:12:30,89 --> 01:12:35,73 understand I sent it on you don't have to but I think we did help facilitate it we 836 01:12:35,74 --> 01:12:41,76 have and we're not done and but you're going back to we all said this should be in 837 01:12:41,77 --> 01:12:45,82 there and it's not they ended up not putting it in there that doesn't matter our 838 01:12:45,83 --> 01:12:50,05 suggestion should be in there the way we suggest you know not of not of city staff 839 01:12:50,06 --> 01:12:54,22 doesn't want it in there there I don't know it's OK so it's not in there the fact 840 01:12:54,23 --> 01:13:00,05 that we find out two weeks I agree posed to send it on that's the process 841 01:13:01,05 --> 01:13:06,11 that's not the process no I said that is the process being inadequate I agree it's 842 01:13:06,12 --> 01:13:12,75 the process versus the document and that's just one example that I know the process 843 01:13:12,75 --> 01:13:18,78 . Has maybe ardent some but you said stinks I understand that 844 01:13:20,13 --> 01:13:23,73 I'm just trying to look at the document I don't see the process stinks the fact 845 01:13:23,74 --> 01:13:30,14 that it's so close to the election saying well that's part of the process I mean 846 01:13:30,14 --> 01:13:31,66 . 847 01:13:42,07 --> 01:13:48,71 I don't know well it's. It's so 848 01:13:48,72 --> 01:13:50,06 somebody needs to make 849 01:13:50,07 --> 01:13:56,43 a recommendation. Well we keep discussing it all happens if nobody makes record I 850 01:13:56,44 --> 01:14:01,47 don't I don't think we have to well I well if no one was in the chair I'll make 851 01:14:01,48 --> 01:14:02,42 motion I can make 852 01:14:02,43 --> 01:14:06,75 a motion and I'll make the make the motion I've sat here and listened to this what 853 01:14:06,76 --> 01:14:12,33 I've listened to and damn I obviously know what I think so 854 01:14:12,33 --> 01:14:17,75 . OK Do we have to make 855 01:14:17,76 --> 01:14:22,30 a motion that suggested. Yes one of those two we can't make 856 01:14:22,31 --> 01:14:26,44 a substitute motion now oh. 857 01:14:30,12 --> 01:14:36,11 I K It's my understanding that the motion 858 01:14:37,03 --> 01:14:42,95 OK let's see. Motion number 859 01:14:43,44 --> 01:14:48,38 resolution P one one one seven eight two zero one 860 01:14:48,38 --> 01:14:55,26 . Section fourteen 861 01:14:55,27 --> 01:15:01,66 states. And I'll just say those important words that we not adopt the two thousand 862 01:15:01,67 --> 01:15:08,14 and ten update OK. I move we except that resolution with the 863 01:15:08,15 --> 01:15:14,59 following amendment to it which goes back to Monday night which once again people 864 01:15:14,60 --> 01:15:21,36 are listening to OK in resolution P 865 01:15:21,40 --> 01:15:27,46 one seven one one seven eight S two zero one zero delete section ten which states 866 01:15:27,67 --> 01:15:31,97 the Planning Commission reviewed and considered the two thousand and ten draft 867 01:15:31,98 --> 01:15:37,93 P.E.I. Consistent with C. Quick write line Section fifty one five zero two five C. 868 01:15:38,74 --> 01:15:44,41 And of quote. I might go on to say that in Monday's meeting Mr was 869 01:15:44,84 --> 01:15:49,32 a lawyer hired by the city for his expertise and secret stated he agreed with the 870 01:15:49,33 --> 01:15:53,44 comment in the staff report the commission was not required to make recommendations 871 01:15:53,45 --> 01:15:56,28 or findings regarding the D.P. R. 872 01:15:56,28 --> 01:16:01,96 . Since Monday's staff report also states The commission has not requested to make 873 01:16:01,97 --> 01:16:04,87 recommendations or findings regarding to be P.R. 874 01:16:04,88 --> 01:16:07,44 And I think there are serious problems with the D.P.I. 875 01:16:07,45 --> 01:16:11,16 The resolution should be amended as I've just stated this is 876 01:16:11,17 --> 01:16:17,31 a specific example of what I've been talking about tonight. And of motion 877 01:16:23,75 --> 01:16:25,01 you have a motion do we have 878 01:16:25,02 --> 01:16:37,15 a second. OK 879 01:16:37,16 --> 01:16:42,11 We have a first and a second to approve a resolution number P. 880 01:16:42,12 --> 01:16:44,49 Dash one one one seven eight ass two thousand and ten 881 01:16:44,50 --> 01:16:48,18 a resolution of the city of Fortuna planning commission recommending that the 882 01:16:48,19 --> 01:16:53,11 Fortuna city council not adopt the two thousand and thirty general plan update roll 883 01:16:53,12 --> 01:16:59,77 call vote commissioner Henry Yes Commissioner No Commissioner Gillum 884 01:17:00,29 --> 01:17:07,23 Yes chair Thomas to me now Commissioner 885 01:17:07,24 --> 01:17:14,01 Wells Yes Commissioner Albon. Right no 886 01:17:14,01 --> 01:17:18,73 . OK So that was 887 01:17:18,74 --> 01:17:25,60 a three three vote. Four We have possibly 888 01:17:25,61 --> 01:17:30,41 another resolution or we sit here along you know I probably shouldn't even say this 889 01:17:30,43 --> 01:17:33,16 but I have to say I want to point the finger at Duane 890 01:17:33,18 --> 01:17:38,71 a little bit we were told that our and it wasn't Wayne's fault it was the attorney 891 01:17:38,72 --> 01:17:43,84 we hired apparently we were told not Monday night but our joint meeting that the 892 01:17:43,85 --> 01:17:48,09 next meeting we would have would be at our next ragin regularly scheduled Planning 893 01:17:48,10 --> 01:17:53,41 Commission meeting Well I always know what meetings are on Tuesday. And so the 894 01:17:53,42 --> 01:17:58,14 reason I wasn't here Monday I was back east on business and I knew in my head 895 01:17:58,18 --> 01:18:02,35 making my plans I got to be back by Tuesday night and I cancelled 896 01:18:02,36 --> 01:18:07,78 a very important meeting Monday. To travel back here thinking maybe they're going 897 01:18:07,79 --> 01:18:08,14 to call 898 01:18:08,15 --> 01:18:13,29 a meeting on Tuesday and then I lo and behold point out the meetings Monday and I'm 899 01:18:13,30 --> 01:18:18,17 like wait I won't be there I'm flying back so I was kind of bummed about that I 900 01:18:18,18 --> 01:18:23,33 take pride in the fact I make almost every single meeting and have for many many 901 01:18:23,34 --> 01:18:27,44 years the ironic thing is and maybe it's just this way for 902 01:18:27,45 --> 01:18:32,16 a reason we wouldn't be sitting here if I would have been at that meeting it had 903 01:18:32,17 --> 01:18:37,83 been forty two and it had been done as want to point that little piece of irony out 904 01:18:40,03 --> 01:18:46,88 so we had. A resolution. That was not 905 01:18:46,89 --> 01:18:52,28 passed to someone want to make another resolution. Again from our planet 906 01:18:52,29 --> 01:18:55,90 commissioners handbook so the substitute motion seeks to throw out the basic 907 01:18:55,91 --> 01:18:59,63 motions of new and different motions for it say that again slow down 908 01:18:59,67 --> 01:19:03,73 a substitute motion seeks to throw out the basic motion and substitute 909 01:19:03,74 --> 01:19:10,30 a new and different motion for it so are you going with that So with that 910 01:19:10,66 --> 01:19:11,64 I move that we make 911 01:19:11,65 --> 01:19:15,15 a substitute motion that we table this side and tell our next regular schedule 912 01:19:15,44 --> 01:19:19,24 Planning Commission meeting at which time we continue our review of the policy 913 01:19:19,25 --> 01:19:25,40 document OK Duane is that allowable you I don't believe you have 914 01:19:25,41 --> 01:19:29,34 a substitute motion issue here you have made a motion and you took 915 01:19:29,35 --> 01:19:34,56 a vote and you are tight on that. So it would warrant a new motion not 916 01:19:34,57 --> 01:19:38,18 a substitute motion the substitution comes into play if there is 917 01:19:38,19 --> 01:19:44,41 a motion on the floor that has been voted on so if I take substitute out of that 918 01:19:44,42 --> 01:19:46,83 and so so indeed you have made 919 01:19:46,84 --> 01:19:51,56 a motion and it was second and vote was taken in its entirety 920 01:19:51,86 --> 01:19:56,24 a new motion could be made at any time so I make 921 01:19:56,25 --> 01:19:59,99 a motion that we table the side until our next regular schedule Planning Commission 922 01:20:00,00 --> 01:20:04,88 meeting at which time we continue our review of the policy document. 923 01:20:08,23 --> 01:20:14,96 Can we do that or you just going to go for it without the. What I would tell you 924 01:20:15,00 --> 01:20:21,02 is yes you can do that but in reality what it will happen is that mean you did not 925 01:20:21,03 --> 01:20:22,42 make any decisions the same as 926 01:20:22,43 --> 01:20:29,18 a tie vote no decision was made and therefore by the City Council's resolution you 927 01:20:29,19 --> 01:20:32,18 have by definition passed on this as 928 01:20:32,19 --> 01:20:39,09 a recommendation we 929 01:20:39,10 --> 01:20:39,45 don't have 930 01:20:39,46 --> 01:20:46,38 a second yet for Randi's let's let's do this we did have two resolutions 931 01:20:46,39 --> 01:20:51,92 in front of us the first one was three to three so does to move forward 932 01:20:51,92 --> 01:20:56,33 . I'll make a motion that we adopt resolution number P. 933 01:20:56,34 --> 01:20:59,77 Dash one one one one one one seven B. 934 01:20:59,78 --> 01:21:00,47 Twenty ten 935 01:21:00,48 --> 01:21:04,88 a resolution the city of Fortuna Planning Commission recommended the force for two 936 01:21:04,89 --> 01:21:10,48 city council adopt the two thousand and ten general plan update with the change of 937 01:21:11,33 --> 01:21:16,49 taking out Section ten that the Planning Commission reviewed and consider the two 938 01:21:16,50 --> 01:21:17,85 thousand and ten draft P.E.I. 939 01:21:17,86 --> 01:21:22,88 Are consistent with sequel guidelines Section fifteen or twenty five C. 940 01:21:22,88 --> 01:21:25,03 . As 941 01:21:25,04 --> 01:21:29,83 a matter of note if I can that I believe is in that resolution it shows up in 942 01:21:30,49 --> 01:21:36,14 a different section oh of section nine OK I'm sorry section nine so we delete 943 01:21:36,15 --> 01:21:42,76 section nine. It the 944 01:21:42,77 --> 01:21:49,60 next it's the next page. So does anyone want to sack another 945 01:21:49,61 --> 01:21:53,98 second that OK we have a first and second to approve 946 01:21:53,99 --> 01:21:56,31 a resolution number Pete as one one one seven B. 947 01:21:56,32 --> 01:21:57,14 Dash twenty ten 948 01:21:57,15 --> 01:22:01,58 a resolution of the city of Fortuna Planning Commission recommended for to the City 949 01:22:01,59 --> 01:22:07,84 Council adopt one and ten general plan update roll call vote commissioner HENRY No 950 01:22:08,20 --> 01:22:15,13 Commissioner LOWE Yes Commissioner no chair Thomas. 951 01:22:15,13 --> 01:22:21,59 Commissioner wells. Commissioner Albon no. All right 952 01:22:21,64 --> 01:22:28,07 so. The. Resolution passes forty 953 01:22:28,08 --> 01:22:34,40 two. Nos three Oh was it three The OP Sorry he said yes 954 01:22:34,95 --> 01:22:39,51 now he said no oh OK it's three so it's three three I almost pulled it off 955 01:22:39,51 --> 01:22:44,22 . So we can make 956 01:22:44,23 --> 01:22:50,30 a decision after five long years I understand why so it's three three moves on to 957 01:22:50,31 --> 01:22:56,13 the city council anything else going that's your business tonight OK we're 958 01:22:56,14 --> 01:23:00,88 a journey. But 959 01:23:00,88 --> 01:23:05,19 . It's.