Petaluma Planning Commissioner Hooper Embraced Political Theater While Recusing Himself From Controversial Oyster Cove Project's Resolution Approval
Commissioner Hooper drove the discussion and votes for preliminary Oyster Cove Mixed Use Neighborhood Project study sessions leading up to the May 9, 2023 resolution approval for entitlements
*Satirical graphic, click here to view original.
As of July 6, 2022, the City The Petaluma Argus Courier published an article titled: Mix of support, concern for Oyster Cove development at Petaluma Planning Commission session. The Oyster Cove mixed-use development calls for 132 townhomes and other retail and commercial space to be built near the McNear Canal on D Street.
“Planning commissioners heard a wave of support blended with concerns over traffic and environmental impacts during a study session for a mixed-use condominium project planned to be built near the Petaluma River.
While no vote has been taken yet on the proposed Oyster Cove development, the Petaluma Planning Commission held the June 28 study session to gather feedback for the project, which was proposed in mid-April by UrbanMix Development. If approved, the project would be located at 100 E. D Street and Copeland Street near the McNear Canal, across from the site of a former homeless encampment at Steamer Landing Park.
“There’s a lot about this project that Petaluma typically needs,” said commissioner Blake Hooper, who appeared to express overall satisfaction with the project’s outlook, while also calling for some additions such as neighborhood playgrounds.
Oyster Cove would include a 132-unit residential community with other commercial and open spaces folded in.There would be 121 attached town homes built, ranging from 1,345 to 1,995 square feet, with 2 to 3 bedrooms, plus a home office that could be converted into an additional bedroom. Plan outlines by UrbanMix Development show all units will have 2 to 3.5 baths, some having a roof deck. Each will have either a patio, balcony, or a roof terrace and garage.”
The development would also include about 20 affordable housing units to meet the needs of low-income residents, as well as up to 12 granny units on the ground level roughly 300 to 450 square feet in size.
Because this is a former industrial area with three vacant steel buildings, the project calls for a zoning amendment. With a mixed-use designation, the project would be able to include live/work units to invite a variety of retail possibilities. A boathouse, covered public plaza and an outdoor dining patio are also in the works.
The May 9, 2023 minutes approved by the City of Petaluma Planning Commission on July 11, 2023 stated: “Chair Bauer opened the item and announced that Vice Chair Hooper would be recusing for the item. Vice Chair Hooper refused, stating that he lives within 1,000 feet of the project site and that his wife works for a company located adjacent to the project site.”
On July 11, 2023, Chair Bauer invited Commissioners to provide amendments to the May 9, 2023 Meeting Minutes. Commissioner McErlane provided amendments in advance. These amendments were provided in redline in the published draft minutes.
No other amendments were provided. Chair Bauer recognized the amendments and announced that the minutes were approved with amendments as requested by Commissioners.
Mr. Hooper appeared to approve the inaccurate minutes presented by staff which stated that he refused to recuse himself from the Oyster Cove discussion on May 9, 2023.
While Petaluma Planning Commissioner ‘recused’ himself from participating in the discussion and vote for May 9, 2023, he failed to do so for critical meetings leading up to the resolution’s approval.
On Tuesday, June 28, 2022, the City of Petaluma Planning Commission held a study session for Oyster Cove – Informational presentation to solicit feedback on a proposed project to develop 132 dwelling units on a 6.13 acre former industrial site. Required discretionary Planning entitlements include a General Plan Amendment, a Zoning Map Amendment, a Tentative Subdivision Map for Condominium Purposes, and SmartCode Warrants. Subsequent entitlements will include Site Plan and Architectural Review.
Staff: Andrew Trippel, Planning Manager
Address: 100 East D Street, 0 East D Street, 0 Copeland Street
File #s: PLGP-2022-0003, PLSM-2022-0002, and PLZA-2022-0004
The approved meeting minutes made the following mention of Mr. Hooper during the Study Session discussion:
Commissioner Hooper asked questions of the applicant team.
Commissioner Hooper asked additional questions of staff.
Commissioner Hooper provided his comments.
A Motion to Approve Zoning Text Amendment to modify commercial land use Tables 4.3 and 4.4 in the Implementing Zoning Ordinance to require discretionary review for general retail, grocery/specialty foods, and building/landscape material sales land uses over 25,000 square feet was made by Blake Hooper, seconded by Amy Rider.
On September 13, 2022, Planning Commissioner Hooper participated in the Draft Housing Element – Presentation, Discussion, and Feedback on Public Draft 6th Cycle Housing Element.
Attachment D - Resources and Opportunities highlighted the draft sites inventory to propose opportunities for new housing.
The Commission was also tasked with approving the General Plan Advisory Committee (GPAC) Housing Working Group Recommendations (Attachment I) during the Study Session. The GPAC is comprised of community representatives who serve as advisors and project ambassadors throughout the General Plan renewal process. The committee works collaboratively with the consultant team, led by Raimi + Associates, and City staff to provide input on General Plan issues and offer feedback on draft materials.
In addition, the Commission reviewed Attachment G - Public Participation. The attachment stated the following:
“Community input on housing issues is critical to developing policies and programs that reflect Petaluma’s specific housing needs. This Chapter describes the various events, activities, and outreach methods used to ensure community members and other stakeholders could share their opinions and participate in the Housing Element process. Because the Housing Element was updated as part of a comprehensive General Plan Update, the Chapter includes all outreach and engagement that informed the Housing Element. The feedback received throughout the planning process to date has shaped the development and refinement of the Housing Site Inventory and the Housing Programs and Policies.”
Per the approved minutes regarding the Study Session:
“Vice Chair Hooper asked clarifying questions.”
“Vice Chair Hooper provided his comments.”
Today, September 9, 2024, I received an email from General Plan Advisory Committee (GPAC) Volunteer Sharon Kirk. We exchanged the following messages:
Please remove me from your mailing list.
Thank you.
Sharon Kirk
Good Morning Ms. Kirk,
You are currently listed on the General Plan Advisory Committee roster. I will note with my attorney that a City Commissioner has asked a taxpayer not to communicate with them by email. I will remove you from correspondence accordingly.
https://cityofpetaluma.org/ccbs
Thank you & God bless.
Ms. Flores,
Yes, by all means contact your attorney. I'm sure he or she will be able to explain that the General Plan Advisory Committee is no longer an appointed committee per the resolution passed by consent at the Petaluma City Council meeting on March 6, 2023.
You can read the full resolution prepared by staff here, excerpted for your edification:
Resolutions No. 2021-014 N.C.S. and No. 2023-017 N.C.S. are hereby rescinded in their entirety as of the effective date of this resolution and shall no longer have any force or effect.
The City Council expresses is sincere appreciation for the members of the Petaluma community that have volunteered to participate on the General Plan Advisory Committee (GPAC) and encourages all of the GPAC volunteers that are willing and able to volunteer to continue meeting and providing feedback to City staff and the General Plan consultant team regarding the development of the City’s new General Plan as an informal body that is able to continue to meet virtually following the expiration of the Governor’s Covid-19 emergency declaration, which made effective relaxed teleconferencing procedures for legislative bodies subject to the Brown Act.
Resolutions No. 2021-014 N.C.S. and No. 2023-017 N.C.S. appointed GPAC members, but have now been rescinded. Those of us continuing to participate in the General Plan review and development process are no longer formal appointees. We continue as volunteers who care deeply about the future of the City of Petaluma.
I'm sure you can appreciate that as a volunteer I am under no obligation to entertain your communications.
Thanks for your understanding.
Best regards,
Sharon Kirk
Language from the aforementioned resolution included the following:
“WHEREAS, upon rescission of Resolution No. 2021-014 which appointed 21 community member volunteers to the GPAC, and Resolution No. 2023-017, which appointed five members to fill vacant seats on GPAC, the GPAC would no longer be a “legislative body” under the Brown Act, and the GPAC members that are willing and able may volunteer to continue serving as they have, and the City need not comply with the Brown Act’s teleconferencing rules and could allow GPAC volunteers to continue to meet remotely via zoom as they have been; and
WHEREAS, notwithstanding rescission of Resolutions no. 2021-014 and 2023-017, current practices regarding GPAC meetings may continue, including: publicly noticing GPAC meetings, permitting members of the public to participate in the meetings virtually, staff assisting with facilitation of the meetings and presentations by consultants and others, and discussion among GPAC members and other meeting participants, and converting the GPAC to an informal, volunteer group does not preclude the City from continuing to hold GPAC meetings in most respects as if the Brown Act applied to maximize the transparency of and public participation in the GPAC conversations; and…”
The current GPAC roster includes Mr. Hooper’s wife, Ms. Iliana Madrigal. If the City supposedly desired transparency, why are they allowing Mr. Hooper and his spouse to direct the Oyster Cove Project through nepotism and disregard of Gov. Code 1090?
The code prohibits an officer, employee, or agency from participating in making government contracts in which the official or employee within the agency has a financial interest. Section 1090 applies to virtually all state and local officers, employees, and multimember bodies, whether elected or appointed, at both the state and local level.
Both Mr. Hooper and his spouse failed to disclose reportable financial interests on their statement of economic interest submitted to the Fair Political Practices Commission.
In a recent article, I highlighted the conflicts of interest amongst Mr. Hooper, Ms. Madrigal, the local unions and NGO’s.
Based on the information presented, are Mr. Hooper, his spouse and their inner circle benefitting in any way by pushing the Oyster Cove project forward? Do you agree that a conflict is present?
“Proverbs 19:9 - “A false witness shall be punished, and a liar shall be caught.”