HomeMy WebLinkAbout2011-07-25 CC Minutes - SpecialCITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
7/25/2011
1. ROLL CALL
Ukiah City Council met at a Special Meeting on July 25, 2011, the notice for which being
legally noticed on July 21, 2011. Mayor Rodin called the meeting to order at 5:35 pm. Roll
was taken with the following Councilmembers present: Landis, Thomas, and Mayor
Rodin. Councilmembers absent: Councilmembers Crane and Baldwin. Staff present:
Planning Director and Community Development Stump, Senior Planner Jordan, and City
Clerk Currie.
Councilmembers Crane and Baldwin were not present because both have a conflict of
interest by owning property within a 300 square feet radius of the DZC boundaries and
cannot by law participate in the discussion and/or vote on the matter.
Mayor Rodin owns property within a 300 square foot radius of the DZC, but since Council
needed to have a quorum, one member of the three with the conflict needed to
participate, so there was a selection process between these three Council members and
Mayor Rodin was selected to participate.
2. PLEDGE OF ALLEGIANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
a. Minutes of 7/12/11
M/S Landis/Thomas to approve minutes of 7/12/11, as submitted. Motion carried by all
AYE voice vote. Absent: Councilmembers Crane and Baldwin.
5. RIGHT TO APPEAL DECISION
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
7. WORKSHOP DISCUSSION
a. Community Workshop For Discussion of the Proposed Downtown Zoning Code
(DZC)
Director of Planning and Community Development Stump and Senior Planner
Jordan presented the item. Recommended Action(s): Conduct a City Council
workshop on the draft Downtown Zoning Code and take public comment.
Page 1 of 5 7/25/2011
Code Boundaries
By consensus, City Council directed staff to include 262 Smith Street APN 002-191-
23 in the boundaries of the DZC.
By Consensus, City Council removed APN 002-193-44 from the Boundaries of the
DZC.
By Consensus, City Council did not remove the Pear Tree Center and APN 002-
200-38 from the DZC boundaries.
Zoning Designation
By Consensus, City Council expanded the Downtown Core zoning district from the
two full blocks and 4 partial blocks to include the six (6) full blocks.
By Consensus, City Council did not change the zoning as shown in the DZC for the
Pear Tree Center and APN 002-200-38.
Use Tables
Schools
By Consensus, City Council did not change the zoning as shown in the DZC for
Schools - elementary, middle; School- college, high school; and Schools -
specialized education and training.
Hotels/motels/beds & breakfasts
By Consensus, City Council decided Hotels/motels/beds & breakfasts are allowed
by right; no use permit. Strike five rooms or fewer.
Alcoholic beverage sales
By Consensus, City Council approves prohibiting in all zoning districts in DZC
Alcoholic beverage sales.
Outside Dining/Sidewalk Cafe
By Consensus, City Council permits Outside Dining/Sidewalk Cafe with an
encroachment permit and regulations should be integrated into the permit. This item
will come back to City Council with standards for the specific use based on what
other communities have done and what would work for Ukiah.
Mary Ann Miller expressed concern over noise, light, litter, amplified music, and
hours of operation.
Restaurant - formula fast food
Councilmember Landis read an email exchange from Michael Shuman, a speaker
at a Business Alliance for Local Living Economies (BALLE) conference. Excerpts
are provided below.
To Michael,
Did I capture your thoughts from our conversation correctly in my notes below, so if I
mention our conversation it represents your viewpoint accurately?
Page 2 of 5 7/25/2011
1. I spoke with Michael Schuman at BALLS who said he was wary of excluding all
formula businesses in a downtown, in part due to the current economic climate, the
need for competition and that other methods existed that could control a cookie cutter
downtown. He proposed considering requiring an economic impact study for these
stores, but reflected quickly that that would be cost prohibitive in terms of supporting
new economic activity. Then said that other methods that were more quantifiable would
probably work better - among those, caps on % of formula businesses or number of
such businesses in a given block or area of the downtown.
To Landis:
"...your effort to find a decent path forward for your community that is simultaneously
pro-business and pro-local business. A couple of small amendments to your report of
my thoughts:
It's not just the need for competition, it's that we want local businesses to rise to the
competitive pressures and be better than the chains. Chains (like Starbucks)
sometimes improve the lure of a destination, which inures to the benefit of local
businesses. I also worry that tough zoning restrictions can trigger lawsuits.
I think that you could add an economic-impact component to your zoning process,
without necessarily requiring it. That is, you could allow both supporters and
opponents of a given business to come forward with their evidence and require that
decision-makers take it into account. That may give the locavores something they
value, without imposing undo costs on new businesses.
Councilmember Landis expressed concern over signage. Landis suggested
allowing formula businesses in different zones.
City Attorney Rapport commented that since the City is looking at a ban in certain
areas it would be easier to defend than if the regulation was City wide. Rapport said
one option is to require a use permit and adopt criteria. Need to add statements of
purpose which currently do not exist because one does not want to leave open the
possibility that the motive is to favor local business over out of state businesses that
would trigger a higher scrutiny by a court. For example, the City would not want to
leave a "support local business" statement by itself, but make it part of a broader
statement regarding mix of uses.
Gene Hoggren expressed concern that the DZC is going to control food choices
people have. Some fast food restaurants provide affordable food options which are
important to seniors on fixed incomes; cited Wendy's baked potato as an example.
People should have the freedom of choice.
Mary Anne Miller does not support everything looking good but not feeling good.
She is concerned with having too many of one thing which prohibits mixed use.
Suggests placing limitations on the number of certain types of businesses and cited
San Francisco as an example of this type of restriction.
Marvin Trotter does not support fast food or liquor stores because of community
health issues anywhere in Ukiah.
Page 3 of 5 7/25/2011
Miles Gordon expressed concern over health issues and fast food in the downtown.
He suggests looking at the long-term health and economic criteria.
Mark Oswald does not think fast food will come to the downtown since they would
want to be near freeway. Does not think formula businesses should be excluded
downtown. The sewer plant needs hookups to pay bond debt so exclusion is
counterproductive. Mom and pop businesses do not always pay above minimum
wage or provide benefits.
Ted Mayfield does not support a ban on formula businesses or alcoholic beverage
sales. He does not support restriction by numbers of certain types of businesses,
but does support aesthetics and a level playing field. The economy and investment
regulates itself.
Phyllis Web supports a ban of formula fast food in the downtown and supports the
restrictions.
Planning Commissioner Helland supports a ban and does not think this will
eliminate formula fast food. The health issues are a concern for those with fast food
close by based on studies.
David Fisher, owner of bank building on Perkins and State Streets, hopes for a
compromise and supports the page 2 exception that allows coffee houses, ice
cream shops, etc. Could also allow - use permit. Does not support a ban.
Alan Nicholson provided a written proposed compromise by defining the downtown
"local area zone" that does not allow formula businesses. See attachment 1.
Councilmember Landis would like staff to return with several methodologies to
define a middle ground considering what other communities have done.
Councilmember Thomas has heard from the business community through the
Chamber of Commerce and Main Street Program has recommended the exception
to fast food for ice cream shops and coffee houses in regards to formula businesses
downtown.
Councilmember Thomas is concerned for the health crisis in the community; the
health of children and the easy access of fast food are of distress. When it comes to
compromises, what he will be looking for are things that do the most to address the
question of health, promote the local economy, and provide a vibrant, attractive
downtown.
Mayor Rodin interested in a compromise and to not lose Ukiah's character and
supports leaving a zone closer to the freeway for formula businesses. Wants to
know what a permit process looks like rather than an exclusionary area. Rodin
supports narrowing the formula fast food down to three choices.
Ted Mayfield thinks small businesses can compete with large corporations and the
market does work.
Page 4 of 5 7/25/2011
Unnamed Speaker asked what is the definition of Restaurant - Formula Fast Food
because the current definition appears vague. Does it prevent franchises which can
be mom and pop businesses?
City Attorney Rapport stated the definition would prohibit a locally owned franchise.
Councilmember Landis stated downtown already has food options; people have
options.
Staff to look at all the information provided and work with City Attorney Rapport to
come back with 3-5 compromise approaches considering public, council, and other
community concepts for the formula fast food issue. The rest of the items will be
heard at the next meeting, which will be scheduled.
8. ADJOURNMENT
There being no further business, the meeting adjourned at 7:25 pm.
Jo n e M. Currie, City Clerk
Page 5 of 5 7/25/2011
Creating Downtown
My proposal is that we need to adopt planning policies that support local economies.
When studying the Economic Value of independent businesses, researchers look at employment
and dollars spent, product choice and merchandize diversity for a particular locale, community
involvement, and maintaining local character. It can be confusing to say the least, but all studies
show that formula chain stores, what ever they sell, drain the city of dollars as well as driving local
business out.
Many towns and cities have been successful in keeping and revitalizing their downtowns.
Some elements of sucoess include:
• concentration of stores and activities: a downtown should have clear and limited boundaries;
• solidifying two or three roles (government, finance, culture and arts, specialty retail, legal
and business services) in which it excels and that attract workers and visitors;
• access to circulation roads and parking;
® visual attractiveness, with historic renovation, consistency of signs, sidewalks and benches for
pedestrians;
• unified marketing and image; and residences nearby or built into downtown.
Business priorities are changing: Many massive, globe-spanning corporations are now trying to
figure out how they can be "local" too. Starbucks, a company that has spent untold millions
developing one of the most recognizable brands on the planet, is now beginning to un-brand
some of its outlets. The first of these just reopened as "l 5th Avenue Coffee and Tea" in Seattle
and, unless you read the fine-print on the menu, you would quite easily assume it was an
independent coffee house. These companies spend enormous sums on market research and
they would not be doing. this unless they had detected a sizeable shift in public attitudes.
It's frankly astonishing that the merchant groups are willing to see their neighbor coffee shops go
out of business in favor of corporate owners.
To quote Dave Smith of Mulligan Books;
"Peet's at Peet's or Peet's at Schat's? The Peet's Corporation has asked the Ukiah City
Council not to ban it from downtown. The choice could not be clearer. People have access
to Peet's fresh-brewed coffees at Schat's Bakery downtown, owned by Zachery Schat and
his family. Now the Peet's Corporation, traded on the NASDAQ stock exchange, wants the
right to move into the Ukiah downtown."
To quote Marvin Trotter;
"Certainly, we already have more than enough fast food restaurants per capita. It's difficult
even to walk a mile without running into one. At the least, by barring fast food chain growth
downtown we can promote healthier lifestyle choices, support locally-owned businesses and
nourish our sense of pride in what makes Ukiah unique."
While local public officials, time and again, fall for the temptations and political appeal of national
chains, they often fail to consider the greater and real losses to the community that occur when
the local business base is undermined.
Locally owned businesses reinvest in the local economy at a 60% higher rate than formula chain
retailers. City leaders and policy makers can encourage local businesses through zoning and
permit procedures, business subsidies, and city purchases.
If you look at all the desirable cities of the state, country or world, it is the Cities that are keeping
the Formula Chains out that are the most prosperous and desirable cities to live in and visit. Go to
Marysville to see what chains do. Go to Healdsburg, Sausalito, Carmel, La Jolla to see what a
City with principles and a vision with backbone do for the local economy. Why are these
communities appealing and different? Because the policy makers realized they had a jewel and
acted to protect it.
There are many economic studies which amply illustrate these words with facts; I can find no
studies that substantiate the economic or character value of formula chains. Let us not forget the
lessons learned at our "Citizen V economic workshop several years ago.
There are other aspects to 'Shop Local' besides tax dollars and jobs: consider what drew you in
the first place to the neighborhood or city you reside in; what is the type of community you want to
live in? Do we want to preserve our community's one-of-a-kind businesses and distinctive
character? Are we interested living in a city or town that has chains that are run by ever-rotating
managers rather than long-time owners who know many customers by name?
We will have a stronger local economy for not allowing formula chains into the downtown core.
That not having a Chevy's or Haagen-Dazs is better than having one, downtown; let them battle it
out in Redwood Business Park, or up with our popular Taco Bell neighborhood. There can be no
exceptions in the downtown core.
I humbly submit a simple border to define our downtown "Local Area Zone". Please see the
attached map.
Alan Nicholson
July 25, 2011
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