CVS/Chase - After the approval with conditions

[Barry]

[This thread continues the discussion of the proposed CVS/Chase development in downtown Sebastopol from the point where the City Council approved the design on August 8th, 2012. To see the discussion from the point when it was first proposed in May 2011, see this thread: https://www.waccobb.net/forums/showt...pment-proposal - Barry]


CVS/chase approved subject to adding door on Sebastopol Ave (12) corner and convert a one-way drive to a fire lane. 3-2 with Kyes and Gurney saying no.

Armstrong is not happy about adding the door.

Council would rather they add drive thru at redwood market place.

[Edited by Barry for clarity and typos following a late night!]

[Imagery]

I wonder who got paid off?

[b.w. rose]

So, I get up this morning and Waccobb has this news and the Press Democrat site doesn't !!!

[La.Sereniti]

Barry,

Thanks for the update.

Can we start a new thread... this thing is a beast and is hard to make useful. Title? Protesting CVS/Chase Approval? Taking action! or Marketing Contest! Local Business NOT Corporations.

What are those actions? What do we do?:
Create a bumper sticker contest (Call to visit a website. Make a mockery of these corporate monsters with humor)
Website: Here's your options for banking and pharmacy
Boycott CVS and Chase: Friends and family of ALL communities.
Community specials: All people with a bumper sticker on their car. (ie 2 for 1 deals)(something like give a pint get a pint Screaming Mimi's ...awesome!)
Marketing stunts: monthly prizes for most creative placement
Your ideas?

Geez, why do I feel like we just sold our soul last night? I'm sad for this community. Very sad. And violated.

How did this happen? Sebastopol? really???????????????????????????????????????

Really? Is this a prank? I wish it was.
If you agree Barry please move this message to a new thread with new title. [Done! - Barry]

[AllorrahBe]

More will be revealed, as we see what happens with lawsuits and other events.
Pray for Peace!
Rev. BE

I wonder who got paid off?

[Shepherd]

I also think that we need a new thread which starts after the decision last night. Those of us who were there could contribute to starting it, as could others.

We are now in a new ball game and need to mobilize people to continue the struggle against Chase/CVS, before their corporate takeover of our small town. Their suburban strip mall could be extended by the purchase of the abandoned lumberyard down the block. Armstrong Development brags on its Calif. Regional Website that it represents Wal-Mart, Target, and such big chains. What a nice downtown commons that would make?

Now is the time to get more active, or it will soon be too late. I am preparing a response to yesterday's PD editorial, which I should finish soon and will send to wacco.
Shepherd

[Barry]

Sebastopol City Council OKs CVS project design
https://www.pressdemocrat.com/articl...p=all&tc=pgall

By BOB NORBERG
THE PRESS DEMOCRAT
Published: Wednesday, August 8, 2012 at 7:03 a.m.

A Sacramento developer's plan for a CVS Pharmacy and Chase Bank branch at one of Sebastopol's busiest intersections has received final approval for a design, ending two years of planning and sometimes emotional debate.

The Sebastopol City Council, in a debated that started Tuesday night and ended Wednesday morning, granted an appeal for Armstrong Development, which was contesting an earlier rejection by the city's Design Review Board.

However, the council added the conditions that the developer include an additional entrance at the corner of Sebastopol and Petaluma avenues and convert a one-way drive to a fire lane.

“We have come to the point that we have a much better design than at the outset,” said Mayor Guy Wilson. “We have come from what was a pretty mediocre first effort.”

The proposal by Armstrong Development has been one of the more contentious in Sebastopol, already subjected to two dozen meetings and hours of debate.

Tuesday night, the debate began with a crowd of 250 in the audience, but it had dwindled to 50 people by 12:15 a.m. Wednesday, when the council took action.

The council voted to uphold the appeal, but with the two conditions that have to be met to the satisfaction of the staff and council.

CVS has resisted having a second door at that location, contending that it created safety and theft issues.

CVS also wants vehicle access at the one-way driveway on Petaluma Avenue, which the council wants as a grassy fire lane.

Armstrong spokesman Bill McDermott didn't have an immediate response to the conditions after the vote.

The council passed the resolution in a 3-2 vote.

Wilson and council members Patrick Slayter and Kathleen Shaffer approved the motion, but Vice Mayor Mike Kyes and Sarah Gurney voted no.

“I am not giving it a green light,” Gurney said. “I'm not willing to approve a project in which there are so many things that are not nailed down.”

Kyes said that he was also not satisfied with the reduction of the height of the CVS Pharmacy in the latest redesign.

The developer is proposing to build a 14,576-square-foot CVS Pharmacy and 4,327-square-foot Chase bank branch at the site of the vacant Pellini Chevrolet dealership.

CVS and Chase would move to the 2.4-acre site from locations elsewhere in the city.

Critics contend the project is a suburban shopping center with two large buildings and a large parking lot, and it is out of character with Sebastopol's Main Street character.

Armstrong had already received all necessary approvals for the $10 million project, including the City Council approving a negative declaration of environmental impacts.

The design was the last approval needed, but has already been rejected by the Design Review Board twice.

In this the fourth design, Sebastopol architect Kevin Kellogg varied roof heights, added a brick facade instead of quasi-industrial metal siding, removed some parking, created a larger plaza, added clear glass windows and gave the driveway a one-way entrance.

The changes were made at the request of the City Council in February, but the redesign was still rejected by the Design Review Board on May 30.

You can reach Staff Writer Bob Norberg at 521-5206 or [email protected].

[Shepherd]

Thanks, Barry, for your good communication skills and all the work that you do to keep us informed, such as by starting this new thread, since we are now in a new moment on this defining issue for the future of Sebastopol.
Shepherd

[dominus]

I'm not surprised in the slightest about the green light on this project because of CVS's well-financed legal representation. However, Armstrong may NOT want to meet these conditions and ultimately decide to let this one go.

[Maureen]

I’ve been following the comments on WaccoBB and Sonoma West regarding the CVS/Chase process with a mixture of irritation and concern.


Two years ago I wrote an Opinion Piece for the Sonoma West where I outlined the reasons as I saw them for not wanting CVS/Chase to change locations. I am not a fan of this move at all. But when the majority of our City Council, except Sarah Guerney, voted to approve the appeal after the Planning Commission vote, this project was legally done, except for the DRB. Legally, the only issue the city council could vote on last night was whether or not Armstrong had met the suggested changes and was in compliance with local code.


I am irritated and concerned by the emotional only response to the City Council’s decision by folks who apparently not only haven’t done any of their homework, they have no real sense of how local government works. Before you start slinging mud,... check out local code, state law, etc.


For those of you who indirectly accuse city council or city staff as having been bought off: Do you know these people? Have you talked with them? Do you know that basically the City Council members are volunteers who work hard and really care about the city. They might see the issues differently, and I don’t alway agree with them, but I always respect them for the service to our community. Do you know the challenges of a city Planning Manager who has to make sure all state, county and local codes are being followed and provide fair processes to all?


I do not and will not shop at CVS, or support Chase bank because I believe in supporting local banks and I am appalled by CVS business practices. But not everyone has the luxury of this boycott. CVS has locked many of our neighbors into only being able to get their prescriptions paid for by their insurance by purchasing them only at CVS.


There are a lot of voters in this community (perhaps even a majority) who do support this decision, or are neutral and wonder what all the fuss is about. Personally, I don’t want CVS or Chase in our community, but they are already here and they currently have the right to buy property and to be afforded the same fair process any one of us would want if we were in the position of buying property and developing it.


If these issues are really important to you, now is the time to participate in updating the General Plan, and in the process, learn to really listen to other view points in our community.


And if you really want to keep this fight going, contact Helen Shane about the lawsuit and put money where your mouth is.

[Barry]

Here's a video of the motion and vote, and the Mayor's plea for peace and respect (4:30 mark) that happened after midnight.

I also shot various segments of the prior discussion, including the part about adding the door. Let me know if you are interested in seing them. I won't be able to upload them until tomorrow, though.

[Helen Shane]

I’ve been following the comments on WaccoBB and Sonoma West regarding the CVS/Chase process with a mixture of irritation and concern.


Two years ago I wrote an Opinion Piece for the Sonoma West where I outlined the reasons as I saw them for not wanting CVS/Chase to change locations. I am not a fan of this move at all. But when the majority of our City Council, except Sarah Guerney, voted to approve the appeal after the Planning Commission vote, this project was legally done, except for the DRB. Legally, the only issue the city council could vote on last night was whether or not Armstrong had met the suggested changes and was in compliance with local code.

hs- actually, Maureen, the issue of what the city council, and before them, the DRB upon acting on that City Council resolution was circumscribed by none other than Bill McDermott, Armstrong agent, who IMHO interpreted the action needed into boxing in the DRB and what they could comment on. I have a verbatim translation of the DVD minutes that memorializes the dialogue on that subject, from the DRB meeting, and will send it to you for you to judge.


I am irritated and concerned by the emotional only response to the City Council’s decision by folks who apparently not only haven’t done any of their homework, they have no real sense of how local government works. Before you start slinging mud,... check out local code, state law, etc.


For those of you who indirectly accuse city council or city staff as having been bought off: Do you know these people? Have you talked with them? Do you know that basically the City Council members are volunteers who work hard and really care about the city. They might see the issues differently, and I don’t alway agree with them, but I always respect them for the service to our community. Do you know the challenges of a city Planning Manager who has to make sure all state, county and local codes are being followed and provide fair processes to all?

I do know these people, and have actively worked with most of them except for Shaffer and Slayter, and that includes staff members. I always respect the positions held by them, and, if they earn it, respect them personally. As to the Planning Director, I have my personal opinion of his objectivity.


I do not and will not shop at CVS, or support Chase bank because I believe in supporting local banks and I am appalled by CVS business practices. But not everyone has the luxury of this boycott. CVS has locked many of our neighbors into only being able to get their prescriptions paid for by their insurance by purchasing them only at CVS.


There are a lot of voters in this community (perhaps even a majority) who do support this decision, or are neutral and wonder what all the fuss is about. Personally, I don’t want CVS or Chase in our community, but they are already here and they currently have the right to buy property and to be afforded the same fair process any one of us would want if we were in the position of buying property and developing it.


If these issues are really important to you, now is the time to participate in updating the General Plan, and in the process, learn to really listen to other view points in our community.


And if you really want to keep this fight going, contact Helen Shane about the lawsuit and put money where your mouth is.

And Committee for Small Town Sebastopol has a bank account at Exchange Bank that would be happy to scoop up any contributions, and would be gracefully acknowledged, or to to PayPal and look for Committee for Small Town Sebastopol and give that way.

Thank you, Maureen. Good to see Dan at the meeting last night. Helen

[Shandi]

I don't live in Sebastopol, but understand the concerns voiced by those opposed to this project. It's possible that the "majority" of residents don't know or care about this issue. If that's actually true then the job for the minority opposed, is to convince other community members to boycott.

I think that once the residents experience the problems projected, they will be more likely convinced.
Our power lies in where we spend our money, and if the community doesn't support these businesses, they may leave of their own accord. (Even if it takes awhile to sink in)
Although I understand that some people may be locked into CVS " as previously mentioned

"CVS has locked many of our neighbors into only being able to get their prescriptions paid for by their insurance by purchasing them only at CVS."

The bucks are the bottom line, and is possibly how this thing got approved in the first place, but we may never know whose pockets got lined, or if they did.

[theindependenteye]

quote: CVS has locked many of our neighbors into only being able to get their prescriptions paid for by their insurance by purchasing them only at CVS.

Can anyone cast light (again, if it has already been explained, sorry) how this agreement between CVS and insurance companies came to happen? Presumably it's legal or they couldn't enforce it, but my question is, how did they DO that?

quote: I'm not surprised in the slightest about the green light on this project because of CVS's well-financed legal representation. However, Armstrong may NOT want to meet these conditions and ultimately decide to let this one go.

Is there honestly any chance at all that Armstrong might decide that we're more trouble than we're worth? CVS and Chase are behemoths, but Armstrong is only a baby behemoth (AFAIK) -- unless they're part of Armstrong World Industries. I don't think we can protest ourselves into the corporate consciousness, but Armstrong is very proud of being the development honchos of CVS and Chase (joined at the hip, it appears) all over the damn country.

Armstrong describes themselves on their website: "Our company is expanding, placing offices in some of the nation's fastest growing cities. We are ideally positioned to serve companies looking to expand in multiple markets with multiple locations. As a developer for CVS Pharmacy and J.P. Morgan Chase Bank, our 'preferred development' sites are found across the nation." I have a hunch that if we have any plausible target, it has to be Armstrong, not the twin C's. Maybe their razor-sharp honchos have missed the point that Sebastopol is not quite at the top of the "city" category, nor does it aspire to be.

In one of our long-ago plays, Dakota Bones, we had a land-owner who was a lone hold-out, stubbornly refusing to sell his property for development of a giant shopping mall in the middle of godforsaken nowhere. (Previously, dinosaur bones have been found there.) The development is stopped in its tracks, but not because of him. Turns out, when the developer reviewed the proposal, it was discovered that someone had added zeroes to the area's population -- "Nothing could be that small." Could we be that small?

Elizabeth Fuller

[Barry]

The council members made many references to the many emails they have received on this topic, including a very thoughtful and impassioned plea for CVS to remain in their current location read by Sarah Gurney.

If you want to send your comments to the council their addresses are below. Be sure to include staff is well if you want your comment to be entered into the record.

Mayor Guy Wilson - [email protected]
Vice Mayor Michael Kyes -[email protected]
Council Member Sarah Gurney - [email protected]
Council Member Kathleen Shaffer - [email protected]
Council Member Patrick Slayter - [email protected]
City Clerk Mary Gourley - [email protected]
Larry McLaughlin, City Mgr. -[email protected]

[Magick]

Its time for a public, visible boycott of the current Chase, CVS outlets in town. The silver lining could be that since they are not willing to stay where they are we could show them that business as usual is over in their present locations and make them realize that we will not support their presence in our town.

Chase can be stopped with a move your money campaign, and CVS can be stopped by educating people about their horrendous record of disobeying regulations and just paying fines. So many corporations just consider these fines a part of doing business.

Sebastopol has had a history of shying away from direct action but that is what is the effective tool at this point.
Are we ready? Will the candidates who oppose this project help to organize this boycott?

Their record is as follows:
As of May 30, 2008, no less than SIX (6) SEPARATE LAWSUITS have been filed against CVS Pharmacy (or its related companies) on behalf of employees who were denied REST BREAKS, MEAL BREAKS, VACATION PAY, and/or OVERTIME PAY, A

CVS pharmacist has just won $2.6 million for her part in bringing a whistleblower lawsuit against CVS for alleged Medicaid fraud.

SETTLEMENT INFORMATION
Tong v. CVS
Pharmacists in California won a lawsuit against CVS for 19,750,000 for failure to provide meal breaks, overtime, and straighttime wages.

Browse: Home / CVS Fined for Dumping Hazardous Waste in CA
CVS Fined for Dumping Hazardous Waste in CA
By Bob Plain on April 20, 2012
California judge has ordered Rhode Island-based CVS to pay $13.75 million in fines to 45 cities and towns in the Golden State for improper dumping of hazardous materials and hypodermic needles.

NEW YORK (CNNMoney.com) -- CVS Pharmacy Inc. has agreed to pay $77.6 million in fines and returned profits in a case alleging improper control in the sale of an ingredient used to make methamphetamine, federal prosecutors said Thursday.
Shareholders file 2 lawsuits against JPMorgan Chase over $2 billion trading loss

By Associated Press, Updated: Wednesday, May 16, 9:11 AM

NEW YORK — Shareholders of JPMorgan Chase & Co. have filed two lawsuits against the nation’s biggest bank, accusing it and its leaders of taking excessive risk and causing a monumental $2 billion trading loss.

[Helen Shane]

Bill McDermott, Armstrong's agent, confirmed at the Council meeting on 7/19 that Chase is not moving. They want to have two locations in Sebastopol, the better to...well, you know.

I've been hearing about the need to boycott for months. I do wish someone would jump in and organize it.

Thanks, all. Helen Shane

[sandoak]

Barry,

I greatly appreciate your staying so late & bringing us this video. Watching it brings home the reality of this decision & the complex personalities that brought us to this point. I also appreciate the forum you've provided for this issue every step so far, & now the new thread to sort out the aftermath.

I'm wondering how we can get more folks aware of this opportunity to share ideas? You've created something of such value for the community, & the value grows as more people use it.

Thank you for all you do.

Here's a video of the motion and vote, and the Mayor's plea for peace and respect (4:30 mark) that happened after midnight.

[Barry]

I wonder who got paid off?

I think such accusations of financial impropriety are uncalled for.

That said, I'd be shocked if Armstrong, CVS, Chase and perhaps a few other interested parties did not make the maximum legal donation to Kathleen's re-election campaign. See her chatting with Armstrong's representative after last night's vote at right.

It should also be noted that Guy Wilson, who I thought did a masterful job of leading the meeting in a very even handed way, also voted for the project, after forcefully arguing for the corner door to be added. He is not running for re-election. Maybe they'll double of value of his CVS coupons instead!

[Dustyg]

Excuse me, but what happened to representative government? Didn't we elect these people to the City Council to represent us? Not corporations!

Thank God for Gurney and Keyes, let's keep them on and get rid of the others. The decision is a very big disappointment for citizens of Sebastopol...Corporate takeover scores again. At the very least, we can refust to shop at CVS ever again; boycott their business here in Sebastopol and any other town where we shop...perhaps they will respect us a l ittle if we refuse to give them any more money? And if our other council members (who voted YES for Corporations) like that big box, corporate presence so much, why not move to Santa Rosa or Rohnert Park? Why stay here and try to make this into the kind of city that we don't want?

Sebastopol has been a wonderful town, and I hope we can keep it together in spite of corporations and corporation lovers on our city council. Let's be VERY VERY careful who we elect to our city council next time!

[Sara S]

Of course, I'd never shop at CVS or Chase; I've replaced my Chase Visa card with a Westamerica, but what else can we do?

As you say, Dustyg, BOYCOTT! I'm willing to help get this message out, march around, whatever. For the first time in 37 years of living in this county, brain-dead capitalism will actually have an effect on my daily life, since I live near town.

Sara

[La.Sereniti]

I've been hearing about the need to boycott for months. I do wish someone would jump in and organize it.

Well.... hi! =)

I'm a person that happens to know how to use the Internet. Other people will have other skills (ie pharmacy, legal, banking, marketing, etc) to bring to the table.

I just brought my piece that I can offer to the potluck for a boycott. Judging by the increase in readers and a personal note... you might wonder who I am. I am simply wanting to do business with locals and keep profit in the community. That objective is simple and will never waiver.

I love Sebastopol and surrounding communities enough to donate some of my time...

I think what is proposed is as easy as making apple pie, but I'm not bringing all the ingredients.

https://movemoney.org/

Barry has my phone number, if he wants to call me. I must work on some other stuff now, but I'll check back at the end of the day.

Best wishes to you all.... what ever you decide to do.

Sereniti

[photolite]

I don't believe Westamerica to be a whole lot better. Go to Summit, Exchange or Redwood. Check out Go Local for info on local oriented banks.

Of course, I'd never shop at CVS or Chase; I've replaced my Chase Visa card with a Westamerica, but what else can we do?

As you say, Dustyg, BOYCOTT! I'm willing to help get this message out, march around, whatever. For the first time in 37 years of living in this county, brain-dead capitalism will actually have an effect on my daily life, since I live near town.

Sara

[Barry]

I don't believe Westamerica to be a whole lot better. Go to Summit, Exchange or Redwood. Check out Go Local for info on local oriented banks.

Here's the key chart from GoLocal. Note that Westamerica Bank, headquartered in Fairfield, CA, is regional with 9.2% of the their deposits coming from the county. Also note that Bank of the West, which is a subsidiary of a French corporation, is non-local with 1.25% deposits coming from the county.

I moved my banking from Bank of the West to Community First Credit Union earlier this year and have been very happy I did!

Let's keep this thread more tightly focused on the aftermath of the CVS/Chase decision, thanks. We can spawn a new thread about local actions in needed.

[jayherdt]

I feel like Sebastopol sold out or bought in to development 20 years ago when they moved from an ag community to the yuppie center of Sonoma county. How about those cheap real estate prices and affordable housing-when did we loose that as well.

[dominus]

Either through an error in judgement or cronyism, a negative declaration was a major miscall. After all, if it's just a "small matter", of relocating CVS downtown with the "same amount of traffic" than I would think an EIR would quickly and easily verify that fact. Sebastopol must first and foremost protect all who will be traveling through that area. Otherwise, if due diligence isn't conducted (and it hasn't been to date,) then there will be a higher risk of lawsuits should something catastrophic occur as a result of this move. To avoid this potential risk, it's prudent, common sense that an EIR be conducted. CVS can comfortably afford to pay for it. We've gone this long, a few more months won't make a difference. The city of Sebastopol should and must retract the negative declaration (people make mistakes) and require an EIR. If CVS doesn't like that, they can go ahead and sue Sebastopol. However, given CEQA guidelines and the evidence, it's highly probable the courts would see the logic of an EIR. I know I, and I'm sure others, would feel a good deal more comfortable with this move if a thorough EIR was done.

[Helen Shane]

Now What? Action!

You may already have heard about the 3-2 vote in favor of CVS/Chase/Armstrong to grant the appeal of the 4 to 1 Design Review Board’s denial of approval.

The formal resolution will be reviewed by the City Council on August 21.

Possible next steps:

• Armstrong may threaten to sue, or they may actually file a suit regarding the conditions the Council required compliance with.
• Or they might say they accept the conditions.
• Or they may go away… not likely.

If Armstrong accepts the conditions, there is still unresolved the issue of the left turn into the project by cars coming from Santa Rosa on Sebastopol Avenue. We must try to persuade Caltrans not to allow this turn that would tie up traffic even more at that corner!

Small Town Sebastopol still can press its lawsuit to force an Environmental Impact Report, including a bona fide traffic study that will include The Barlow, now so far along that even the hired traffic consultant would be forced to include it in the study.

The whole CVS/Chase/Armstrong issue looms over the November election for the two seats that are now open on the Sebastopol City Council.

Candidates John Eder and Robert Jacob are in the running, as are incumbent Kathleen Shaffer and former Council member Kathy Austin, and Colleen Fernald.

Eder and Jacob have come out emphatically for upholding the DRB. Shaffer and Austin have publicly supported the developers …Shaffer even working “under the radar” (to use her own words) to encourage its support.

You can support Small Town Sebastopol and of course endorse the candidacies of Eder and Jacob.
You choose.
Your responsibility.
Your community is in your hands.

To talk with John, go to [email protected] or call 696-4310 or go to johneder2012.weebly.com
Robert: go to www.Jacob4council.com, or [email protected]

To send a contribution to Small Town Sebastopol click here
https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=HK4AGZUNQSV2Q

(you 'll be asked for an amount and either login to your paypal account or enter a credit card number)
or send check or make electronic transfer to
Committee for Small Town Sebastopol,
Exchange Bank, 720 Gravenstein No
Sebastopol 95472

[Barry]

[Posted with permission from Bo Bryant of People's Music:]

I think this whole idea for CVS/Chase in our town

at that corner of town or any where else in

town is crazy nuts insane and should not even

be on the table!!!! They should stay where they are!

Bo Bryant

Peoples Music

Since 1968

[Barry]

Eder and Jacob have come out emphatically for upholding the DRB.

Hmmm... See what you think:

[Helen Shane]

Hmmm... See what you think:

(John Eder interview)

I think it's good. He speaks well, his ideas are, I think appealing to more than one group. I like it. Thanks for asking. hs