HomeMy WebLinkAboutpcm_12142011 1 UKIAH PLANNING COMMISSION
2 December 14, 2011
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Jason Brenner
8 Kevin Doble
9 Linda Sanders
10 Mike Whetzel
11
12 STAFF PRESENT OTHERS PRESENT
13 Charley Stump, Planning Director Listed below, Respectively
14 Kim Jordan, Senior Planner
15 Jennifer Faso, Associate Planner
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:04 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE - Everyone cited.
26
27 4. APPROVAL OF MINUTES — November 9, 2011
28 The Commission made the following changes to the minutes:
29
30 Page 15, Line 50, correct the spelling of Tarzan's Pipeline project to Tar Sands Pipeline.
31 Page 25, Line 1, sentence corrected to read, `The City wants to move forward on getting those necessary
32 improvements done.'
33 Page 26, Line 20, sentence corrected to read, `It would have made more sense to have another
34 consultant do the entire urban decay analysis and fiscal impact report.'
35
36 Mary Anne Miller made the following change to the minutes:
37 Page 16, Line 25, sentence corrected to read, `The Planning Commission has no obligation to consider
38 cheap groceries as part of the environmental impacts.'
39
40 M/S Benner/Sanders to approve November 9, 2011 minutes, as amended. Motion carried (5-0).
41
42 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
43
44 6. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
45 the final date to appeal is November 21, 2011.
46
47 7. SITE VISIT VERIFICATION - Site visit for agenda item 9B was verified.
48
49 8. VERIFICATION OF NOTICE —Agenda items 9A & 9B were properly noticed in accordance with
50 the provisions of the Ukiah Municipal Code.
51
52 9. PUBLIC HEARING
53 9A. Walmart Expansion Project Environmental Impact Report (File Nos.: 09-42-EIR-PC/09-28-
54 SDP-PC). Conduct a public hearing, take public and provide Planning Commission comment, and
55 possibly adopt a resolution to certify the Walmart Expansion Project Environmental Impact Report
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 1
1 (EIR). The project proposes a 47,621 square foot expansion of the existing 109,030 square foot
2 store, for a total square footage of 156,651 to include expanded general merchandise floor area
3 and expanded grocery sales floor area, indoor and outdoor garden centers, as well as the
4 possibility of distilled alcohol sales, and a medical clinic and/or vision center on the 13.44 acre
5 site located at 1155 Airport Park Boulevard, APN 180-070-38, in the Airport Industrial Park. Also,
6 included as part of the project is a change in store hours to 24 hours per day, seven days per
7 week, modifications to the landscaping, and other associated site improvements. The EIR
8 analyzes an addition of 52,320 square feet for a total store size of 161,350 square feet (a 3%
9 increase of the proposed square footage).
10
11 This item was continued from the November 9, 2011 Planning Commission meeting. Public
12 comment on this item is closed.
13
14 Planning Director Stump:
15 • Thanked the public for being present and taking an interest in the Walmart Expansion Project.
16 • The consultants hired by the City to do the EIR are present to participate in the discussion and to
17 answer questions.
18
19 Brian Grattidge of ESA:
20 • Tonight, the Planning Commission has the opportunity to comment on the adequacy of the
21 Walmart Expansion EIR and decide whether or not to adopt a City resolution to certify the
22 Walmart Expansion Project EIR.
23 • Planning Commission will have the opportunity to review and consider City Resolution for
24 adoption to certify the Walmart Expansion EIR (attachment 1 of the staff report) and the
25 Memorandum from ESA that provides comments to the written comments received at the
26 November 9, 2011 Planning Commission public hearing for the certification of the Ukiah Walmart
27 Expansion Project Final EIR (Attachment 4 of the staff report). In addition to numerous oral
28 testimonies, the Commission received a letter dated November 9, 2011 at the Planning
29 Commission meeting from William D. Kopper, attorney at law. While CEQA does not require
30 written responses to comments received after the Draft EIR public review period, which closed on
31 August 18, 2011, responses to the comments submitted by Mr. Kopper on November 9, 2011 are
32 provided in order to give the Planning Commission and members of the public additional
33 information and to clarify the analysis and conclusions in the EIR. None of the comments or
34 responses to comments constitutes significant new information within the meaning of CEQA
35 Guidelines.
36 • The Commission also received copies of two reports from Steve Scalmanini entitled `Walmart's
37 Economic Footprint: a literature review prepared by Hunter college Center for Community
38 Planning & Development and New York City Public Advocate Bill de Blasio' and 'Key Studies on
39 Walmart and Big-Box Retail.' The consultant team prepared a separate memorandum and
40 referred to ALH Urban & Regional Economics memorandum of December 7, 2011 in response to
41 these reports (attachment 5 of the staff report.)
42 • Is available to answer questions.
43
44 Senior Planner Jordan:
45 • AI letter from the County of Mendocino Board of Supervisors dated December 6, 2011 regarding
46 comments to the Walmart Expansion EIR, Site Development Permit and Statement of
47 Consideration and a letter from public member Steve Scalmanini, dated December 12, 2011 have
48 been provided to the Commission. Since public comment is closed on this agenda item, these
49 letters are provided simply for information purposes.
50 • The intent of tonighYs meeting is for Planning Commission to comment on the EIR, ask questions
51 of staff, and certify the EIR if the Commission determines the document is adequate.
52 • A draft resolution certifying the EIR was provided for Commission review as an attachment to the
53 staff report.
54
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 2
1 Commission preference for discussion about the adequacy of the EIR was to review pages ES-3 through
2 ES-15, Table ES-1, Summary of Impacts and Mitigation Measures for each of the environmental impacts
3 addressed in the FEIR.
4
5 Commission:
6 Aesthetics— No questions/comments. Section adequate.
7
8 Air Qualitv— No questions/comments. Section adequate.
9
10 Urban Decay
11 Commissioner Sanders:
12
13 • Referred to the Draft EIR, Chapter 4, Urban Decay and noted the document states `for purposes
14 of the analysis, urban decay is defined as physical deterioration that is so prevalent and
15 substantial it impairs the proper use of affected real estate, or the health, safety and welfare of
16 the surrounding community(CBRE Consulting, 2010).'
17
18 According to CEAQ, impacts to be analyzed in an EIR must be related to physical changes in the
19 environment. While the CEQA Guidelines do not directly require an analysis of a project's social
20 or economic effects because such impacts are not in and of themselves considered significant
21 effects on the environment, the guidelines do state: An EIR may trace a chain of cause and effect
22 from a proposed decision on a project through anticipated economic or social changes resulting
23 from the project of physical changes caused in turn by the economic or social changes. The
24 intermediate economic or social changes caused in turn by economic or social changes need not
25 be analyzed in any detail greater than necessary to trace the chain of cause and effect whereby
26 the focus of the analysis shall be on the physical changes'. CEQA guidelines also provide that
27 physical effects on the environment related to changes in land use, population, and growth rate
28 induced by a project may be indirect or secondary impacts of the project and should be analyzed
29 in an EIR if the physical effects would be significant. Physical deterioration can include
30 abnormally high business vacancies, abandoned buildings and industrial sites, boarded doors
31 and windows, long term unauthorized use of properties and parking lots, extensive gang or
32 offensive graffiti painted on buildings, dumping of waste or overturned dumpsters on property,
33 dead trees or shrubbery, uncontrolled weed growth and homeless encampments.
34
35 Generally, the economic and social effects of a proposed project are not considered by CEQA.
36 Where economic or social effects of a proposed project will directly or indirectly lead to an
37 adverse physical change in the environment, then CEQA requires disclosure of the resulting
38 physical impacts. Economic or social changes need not be analyzed in any detail greater than
39 necessary to ascertain what physical changes may occur as a result of economic or social
40 changes.
41 • In the urban decay study four supermarkets were identified as being impacted should Walmart
42 expand its grocery sales floor area and for the store to operate 24 hours per day.
43 • There was a lot of public comment about the selection of the EIR consultant and preparation
44 thereof with regard to the controversy about the connection between CBRE international real
45 estate division and their economic and fiscal consulting division.
46 • As a Planning Commissioner, we are required to report to the California Fair Political Practices
47 Commission if there is any possible economic conflict of interest.
48
49 Commissioner Sanders:
50 Q1. Acknowledged the resumes for the consultants and corresponding subconsultants were
51 impressive and asked when staff was interviewing the 10 potential consultants to do the EIR for
52 the City of Ukiah, at what time did staff learn about CBRE International representing Walmart's
53 real estate interests? Was the timeframe in and around when the City received a letter from
54 Jeffery Blankfort advising that a possible conflict of interest exists regarding CBRE's real estate
55 involvement with Walmart and CBRE's economic division preparing the Urban Decay analysis?
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 3
1 Q2. In the course of the selection of the consultant along with their subconsultants, did staff request
2 Fair Political Practices (FPP)forms be completed for the consultant and subconsultants?
3
4 Planning Director Stump:
5 A1. Staff did not learn of a possible relationship between CRBE economic and fiscal division the
6 subconsultant hired to complete the urban decay analysis and the international real estate
7 division until around the time of the first Planning Commission public hearing for the DEIR. Staff
8 may have become aware of a potential conflict right before Mr. BlankforYs letter to the City of
9 Ukiah.
10 A2. FPP forms are not used as part of the selection process but rather staff typically drafts a standard
11 professional services contract which the City Attorney oversees. Accordingly, if staff or the City
12 Attorney in reviewing the contract believes there may be some sort of conflict of interest
13 concerning the consulting firm this would raise a red flag where a filing of a FPP form may be
14 required or follow some other measure.
15
16 City Attorney Rapport:
17 • The local conflict of interest codes address what disclosures apply to a consultant.
18 • The Fair Political Practices Act requires the City to adopt a local code that meets State standards.
19 • The conflict of interest provision of the FPP Act and definition thereof would apply to a consultant
20 deemed to be the equivalent of a public official in which case this person would have an
21 obligation to disclose a potential conflict of interest. The EIR consultant and subconsultants for
22 the Urban Decay and Transportation and Traffic portions of the EIR do not come under this
23 definition. A consultant in order to be subject to the disclosure and conflict of interest
24 requirements has to either be hired to make a decision on behalf of the agency which is not the
25 case here or, they have to serve in the capacity of a staff person. The Fair Political Practices
26 Commission decisions of which there have many typically addresses situations where a
27 consultant serves in the capacity of a staff person. The Commission has held repeatedly that a
28 consultant is serving in the capacity of a staff person only if they perform all the regular functions
29 of a staff person. The consultant hired to do a specific short term project like an EIR is always not
30 considered performing in the capacity of a staff person so they are not considered a public official
31 and not subject to the disclosure requirements and, therefore are not subject to the conflict of
32 interest provisions of the Act.
33
34 Chair Pruden:
35 • The urban decay section appears to be the most controversial to the public.
36 • Is of the opinion while the urban decay section is probably adequate, it is not as good a document
37 as it could have been. Compared to other sections in the EIR, the Urban Decay section is not one
38 of the stronger sections because it is the least quantifiable and most speculative of the all the
39 sections in the EIR.
40 • With regard to the urban decay section, it is speculative whether or not the Walmart expansion
41 project will shut down three other grocery stores thus creating a blighted situation when such
42 commercial retail establishments close and the buildings become vacant. The former Kmart
43 building became Home Deport and the former Mervyn's store became Kohl's and represent
44 examples of buildings that did not succumb to blight because the former uses closed.
45 • You cannot factually say that Lucky's grocery store is going to close because of the Walmart
46 Expansion Project.
47
48 Commissioner Brenner:
49 • Agreed, it is difficult to quantify urban decay. What he looked at was whether or not sufficient
50 information was provided about the issue in terms of being able to make an informed decision
51 about the project. Is of the opinion the urban decay section of the EIR provided the necessary
52 information to make an informed decision.
53 • EIRs are written to define the parameters in which possible environmental impacts are
54 investigated. While the necessary information was provided about the environmental impact, the
55 `parameters' of the impacts fell short of addressing what the actual weight of impacts would be.'
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 4
1 • The Draft EIR did an adequate job of defining what the impacts would be within the parameters
2 of what was being looked at. It may be some of the impacts/issues looked at `went out too far'
3 such that they affected other things that are not necessarily evaluated under the current system
4 and/or methodology for EIRs. This is where the EIR fell short and questions what can be done
5 about this.
6 • An EIR is given the task of addressing issues that are social in nature in which there may be no
7 answers. Decision makers have the task of looking at the information presented in order to form
8 opinions and exercise good judgment.
9 • Within the context of an EIR, you have to look at whether or not the document provides the
10 necessary information to make an informed decision.
11 • The EIR definitely presented `unknowns', but `unknowns' aside, the document did show the
12 impacts that were listed. It is correct the impacts identified were evaluated, but again there was a
13 number of subject matter that was not looked at in the EIR. However, the Commission is being
14 asked to make a decision based on legal requirements as part of the EIR methodology rather
15 than about some of the information provided or consideration about information that was not
16 included. Overall, the document did adequately address the project impacts/issues the
17 community requested.
18 • Supports that EIRs go deeper with regard to information.
19 • It was not difficult to do further research to go beyond what the EIR evaluated in order to
20 formulate and draw effective conclusions about the environmental impacts identified.
21
22 Chair Pruden:
23 • Cited an example of identifying impacts that affect other things that are not necessarily evaluated.
24 For instance, Walmart wants to expand its grocery space that includes a bakery. There are
25 bakeries in town. Whether or not the proposed bakery would impact other bakeries was not
26 included in the document. This does not mean the document is inadequate, but it did not cover all
27 the bases.
28 • Found the environmental document raised more questions than it answered.While the EIR raised
29 a lot of issues, the purpose is not to answer every question. There is probably no EIR that can
30 answer every question.
31 • The Commission only deals with the urban decay definition in the EIR and not blight. The urban
32 decay definition is quite different than that of blight.
33
34 Commissioner Brenner: Explained we are only allowed to evaluate the quality of the EIR and he had
35 to do research in order to fill in the gaps as they relate to urban decay and corresponding blight issues of
36 which if issues related to blight were allowed in the EIR this would have painted a different picture for him.
37
38 Commission Whetzel:
39 • Is of the opinion the EIR provides the necessary information in order for the Planning Commission
40 to make an informed decision.
41 • It is doubtful the shopping habits of people would change should the Walmart Expansion Project
42 be approved.
43 • It is a shame the Commission has to deal with a document that only has to be adequate.
44 • The EIR covers the impacts to the point the document is adequate and the Commission has to
45 make a decision on the information presented.
46
47 Chair Pruden: Some of the sections in the EIR are more adequate and some are less.
48
49 Commissioner poble:
50 • With regard to Urban Decay, the document does address the possible closure of some grocery
51 stores so this was forthright.
52 • It is possible some of the details contained in the document should be dealt with on a project-by-
53 project basis rather than in the EIR.
54
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 5
1 Commissioner Sanders: Referred to Volume III of the DEIR, page 7 and asked if the Commissioners
2 had concerns about the information regarding the current market conditions that state, `the field research,
3 market research, and interviews that CBRE Consulting conducted indicated that many of the retail
4 centers in the market area and the surrounding environs are performing reasonably well. New retailers
5 have continued to relocate in the area despite the economic downturn either by taking over vacant store
6 spaces or by moving into new build-to-suit properties. Moreover, retail landlords appear to be making
7 necessary improvements to keep their properties competitive and/or prepare for longer term
8 redevelopment of their sites.'
9
10 Commissioner Brenner: Did not receive the same feedback from the different leasing agents he spoke
11 to. In fact, the information is just the opposite and found that it is difficult to lease vacant retail store
12 space.
13
14 Chair Pruden:
15 • Economic decay is directly tied to how a building presents itself. While Ukiah Valley Lumber
16 Company has gone out of business, the building, now vacant, is in very nice shape in terms of
17 paint and presentation. Despite the fact the building is vacant, as long as the building is
18 maintained in a presentable manner; this does not represent urban decay in our community.
19 • The decay is the actual physical deterioration of a building. As long as a building is well
20 maintained, there is no decay.
21
22 Commissioner Brenner: When looking at the definitions and information, the EIR covers the basis.
23 While he had different input, different input is allowed in an EIR.
24
25 Chair Pruden: After reading Amy Herman of ALH work on the FEIR in context with other documents
26 presented, there are opposite opinions as to what Walmart does to a community. It may well be that none
27 of documents can be used as supporting documents because the information is `polar opposite.'
28
29 Commissioner Sanders: While not an expert, the characterization of the current market conditions is
30 not based on reality.
31
32 Commission consensus—urban decay
33 • Commissioner Sanders - Primary concern is why there was not full disclosure about CBRE
34 International Real Estate division that represents Walmart interests and CBRE economic and
35 fiscal consulting division that prepared the urban decay section of the DEIR.
36 • Commissioners Doble, Brenner, Whezel, Chair Pruden — EIR could be better, but is not
37 inadequate.
38
39 Geoloqv and Soil
40 Chair Pruden: Only concern in terms of safety is the stacking of inerchandise inside the store. This
41 appears to be a common practice in big box retail stores. This matter does not get addressed in the EIR.
42
43 Staff: This would be addressed by the Building Code.
44
45 No other questions/comments. Section adequate.
46
47 Hazards and Hazardous Materials
48 No questions/comments. Section adequate.
49
50 Hvdroloqv and Water Qualitv
51 Commissioner Sanders: Impact 4.6-5 states, `the proposed expansion of the existing Walmart building
52 and the parking lot would result in an increase in impervious surfaces onsite. This would decrease storm
53 water infiltration, increase storm water flows, causing downstream flooding. This is a potentially significant
54 impact to water quality.' Read that impervious surfaces would increase by 61,000 square feet.
55
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 6
1 Chair Pruden: The aforementioned occurs based on the removal of lawns to the north with the
2 expansion of the building and parking lot. The question is do the mitigation measures sufficiently address
3 the expansion in this particular area and if this section has adequately identified the problem and can be
4 can it be mitigated.
5
6 Commission: Mitigation measure 4.6-5 states the applicant shall design, implement, and maintain a
7 storm water retention and/or detention feature(s) such that there would be no net increase in project
8 condition peak flows.'
9
10 Section adequate.
11
12 Land Use Planninq
13 Chair Pruden: The project represents an expansion of less than 50,000 sq. ft. where the tendency is to
14 look at it as a new project. There is typically information and studies about new Walmart stores and/or the
15 relocation of stores within communities and their impacts, but not so much documentation/facts about
16 what expansions would do in communities.
17
18 Commissioner poble: There is not a lot of information about what Walmart does within their existing
19 footprints of buildings because Walmart stores often change what they sell.
20
21 No other questions/comments. Section adequate.
22
23 Noise
24 Chair Pruden: This section deals with noise from construction that is regulated in this community. Noise
25 generated from a 24-hour operation is not part of the EIR process.
26
27 No other questions/comments. Section adequate.
28
29 Commissioner poble: In a roundabout way the 24-hour operation is addressed with relation to traffic
30 noise i.e., Impact 4.8-3, Traffic associated with the Project in combination with other local development
31 would not result in cumulatively considerable noise increases.'
32
33 Staff: Additionally, Impact 4.8-2, Operational activities associated with the Project could increase ambient
34 noise levels at nearby noise-sensitive land uses. This impact would be potentially significant and 4.8-4,
35 Noise associated with the Project in combination with other local development would not result in
36 cumulatively considerable noise increases' do address operational activities.
37
38 Chair Pruden: This section also deals basically with maintenance that is to be done during the day as
39 opposed to nighttime.
40
41 Brian Grattidge: Acknowledged that maintenance was looked at as a potential 24-hour activity which
42 was a concern and this is the reason for Mitigation Measure 4.8.2 that states, `All on-site maintenance
43 shall occur only during the daytime hours between 7:00 a.m. and 7:00 p.m.' because the parking lot
44 extends so far north where maintenance activities could at heard by residential properties to the north.
45 ESA also looked at 24-hour operations at the loading docks that include forklifts and other noises
46 associated with loading docks, which is always a concern for big box retail. Ambient noise generated from
47 the parking lot from car doors slamming and cars turning on and off as well as other noises one would
48 expect from a 24-hour operation was taken into account.
49
50 No other questions/comments. Section adequate.
51
52 Public Services and Utilities
53 No questions/comments. Section adequate.
54
55 Transportation and Traffic
56
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 7
1 Chair Pruden: The document has identified significant environmental impacts that cannot be mitigated.
2
3 Brian Grattidge: The document does identify why the impacts cannot be mitigated. If there was a
4 Capital Improvement Program (CIP) in place and the corresponding funding mechanism attached to the
5 project the impacts would be considered mitigated.
6
7 Chair Pruden: Most of the impacts identified for Transportation and Traffic can be reduced to less than
8 significant with the incorporation of mitigation measures, but impact 4.10-2 (Implementation of the Project
9 would substantially increase potential traffic safety hazards by increasing the degree to which an existing
10 queuing backup would exceed available storage length), impact 4.10-4 (Implementation of the Project
11 would increase traffic volumes on area roadways under cumulative conditions) and impact 4.10-5
12 (Implementation of the Project would substantially increase potential traffic safety hazards by causing
13 queuing backups that exceed, or by increasing the degree to which queuing backups are projected to
14 exceed, the available storage length under 2030 No Project conditions) would remain significant and
15 unavoidable since they cannot be mitigated because these mitigation measures are unfunded and are not
16 included as part of the City's CIP.
17
18 Commissioner Brenner: Is of the understanding that having a design in place would facilitate the
19 anticipated costs from which improvement fees can be determined.
20
21 Brian Grattidge: Really not feasible to move forward with a design without the required funding
22 mechanism in place for the Project.
23
24 Chair Pruden: Having a design for the improvements does not take care of the traffic impacts since the
25 improvement required by the Mitigation Measure referenced above for each of the impacts identified is
26 unfunded and not a part of the City's CIP. When the measure cannot be considered legally feasible, the
27 impact remains significant and unavoidable.
28
29 Commissioner Sanders: It appears an associate planner for the State Department of Transportation
30 suggests the project be delayed until the mitigation measures for the impacts are formed and/or the fair
31 share of funds for the traffic improvements collected. Apparently, the associate planner does not have the
32 authority to make that request.
33
34 Chair Pruden: It may be at some point during the process the Commission will have to entertain and
35 approve a Statement of Overriding Considerations. Pursuant to CEQA Guidelines for a project with
36 significant and unavoidable impacts if the economic, legal, social, technological or other benefits of the
37 proposed project outweigh the significant and unavoidable environmental effects of the project in which
38 case these environmental effects may be considered acceptable provided the necessary Findings in
39 support of the Statement of Overriding Conditions can successfully be made.
40
41 Commissioner Sanders: It is possible the mitigation costs would be in the millions and likely not be
42 plausible until 2030 and/or 18 years.
43
44 Commission:
45 • Some of the impacts identified are unfunded and therefore significant and unavoidable.
46 • The transportation and traffic environmental impacts in this section have been adequately
47 identified.
48
49 Global Climate Chanqe
50 No questions/comments. Section is adequate.
51
52 Bioloqical Resources
53 No questions/comments. Section is adequate.
54
55 Proiect Alternatives
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 8
1 Commissioner poble: The EIR provides project alternatives selected for further consideration and they
2 include 1) No Project Alternative (Existing Conditions, No change; 2) Reduced Project Size; 3) Grocery
3 Sales within Existing Store and Expanded Hours and found it difficult to understand the difference
4 between the no project and the no expansion footprint alternative and referenced Table 6-3, Proposed
5 Project and No Footprint Expansion Floor Plan on page 6-11 of the DEIR. The no footprint expansion
6 alternative results in a 25,000 sq. ft. of dedicated food sales area and questioned whether or not this
7 currently exists.
8
9 Brian Grattidge:
10 • What was looked at as part of a project alternative is an alternative that significantly reduces or
11 avoids one or more potentially significant impact while achieving most of the project objectives.
12 Included in that array is the required `No Project' alternative which is required by CEQA.
13
14 • Table 6-5, Summary of Alternatives on page 6-14 compares the environmental effects of each
15 alternative in comparison to the proposed Project. The potentially significant (PS) and less than
16 significant (LTS) impacts are shown prior to mitigation with an indicator of whether the alternative
17 impact is comparatively greater or lesser than that of the Project. The No Project Alternative
18 would avoid all potentially significant Project impacts to all resource areas, including aesthetics,
19 air quality, biological resources, hazards, hydrology, noise and traffic. Queues that extend beyond
20 available storage at the US 101 Southbound Off-Ramp at Talmage Road would remain under the
21 No Project Alternative.
22
23 • The No Project Alternative would be the environmentally superior alternative, but does not meet
24 any of the objectives and goals of the project. When this occurs, CEQA requires that a second
25 alternative be identified as the environmentally superior alternative.
26
27 • Alternative 3, No Footprint Expansion would avoid impacts in five significance categories
28 compared to the proposed Project, but the significant unavoidable impacts that would result from
29 the proposed project related to traffic would not be reduced to a less than significant level.
30 Alternative 3 may not meet most of the project objectives provided for on page 6-2 of the DEIR.
31
32 • The difference between No Project and the No Footprint Expansion is the No Footprint Expansion
33 will add food sales to the existing Walmart store without expanding the building footprint.
34 Approximately 25,000 sq. ft. would be dedicated to food sales and the general merchandise sales
35 floor area would be reduced in comparison to the proposed Project. The total square footage
36 under this alternative would be identical to the existing store. Only interior modifications to the
37 existing store would occur under the scenario in order to allow for grocery sales. Additionally, the
38 store would extend its operating hours to 24 hours per day, seven days a week. Under the No
39 Project alternative, the proposed Project would not be undertaken and no development would
40 occur on the site. The existing store and its associated parking, landscaping, and other
41 infrastructure would remain in its current condition. Hours of operation would remain as 7:00 a.m.
42 to 11:00 p.m., seven days a week and no grocery sales would occur. Consideration of a No
43 Project alternative is required under CEQA. The purpose of describing and analyzing a no project
44 alternative is to allow decision makers to compare the impacts of approving the proposed Project
45 with the impacts of not approving the proposed Project.
46
47 • It is possible within the parameters of existing approval to consider a project mix. ESA consulting
48 tried to look at the No Footprint Expansion alternative as a more `radical makeover' of the store,
49 which was to displace a large area of the existing square footage to devote to grocery sales, 24
50 hours a day, seven days a week. This alternative gives Walmart the opportunity to reallocate
51 space within the existing building footprint for a grocery component.
52 • It is true Walmart could sell groceries today, but not operate 24/7. This would constitute the
53 primary difference between a No Project alternative and a No Footprint Expansion alternative.
54
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 9
1 Commissioner Whetzel: Inquired with regard to the original Site Development Permit, Walmart was
2 approved for 30,000 additional square feet and why this was not included in the EIR as an option.
3
4 Brian Grattidge: This space was partly used up in the original site plan. The project proposed was not
5 analyzed in the 1992 EIR or SDP and therefore requires a Site Development Permit. Having to go
6 through the Site Development Permit process now, takes into account the existing conditions and not
7 what could have been the size of the building. Walmart does not have any entitlements that allow the
8 store to expand even though the original EIR might have ultimately envisioned a bigger store than what
9 was constructed.
10
11 Senior Planner Jordan: The original Site Development Permit did allow for an additional 30,000 square
12 feet of which approximately one half of this square footage was used when the existing store was built.
13
14 Commissioner Whetzel inquired about the remaining 15,000 square feet.
15
16 Senior Planner Jordan: A Site Development Permit expires after a certain period of time, which is
17 typically 24 months.
18
19 Commission consensus:
20
21 Commissioners Whetzel, Doble, Brenner and Chair Pruden: The Walmart Expansion Project EIR is
22 adequate overall, does identify the environmental impacts and therefore, supports the City Resolution to
23 certify the Walmart Expansion Project EIR.
24
25 Commissioner Sanders: Supports the mitigation measures identified in the EIR document except those
26 for Transportation and Traffic and Urban Decay.
27
28 Commissioner Brenner: Referred to Attachment 1 of the staff report, City Resolution that certifies the
29 Walmart Expansion Project EIR and inquired regarding section `B' and whether the address reads
30 correctly, `The City retained ESA of San Francisco, California, to prepare the Draft and Final EIR
31 documents for the proposed project.'
32
33 Brian Grattidge: Confirmed the address referred to in the Resolution is correct. San Francisco is ESA's
34 home office.
35
36 M/S Whetzel/Doble pursuant to CEQA Guidelines Section 15090 the Ukiah Planning Commission adopts
37 City Resolution certifying the Walmart Expansion Project EIR with the following roll call vote:
38
39 AYES: Commissioners Whetzel, Brenner, Doble, Chair Pruden
40 NOES: Commissioner Sanders
41
42 Break: 7:20 p.m.
43 Reconvene: 7:27 p.m.
44
45 9B. Walmart Expansion Project Site Development Permit (File Nos.: 09-28-SDP-PC). Conduct a
46 public hearing, take public comment and provide Planning Commission comment, and provide
47 direction to staff on the Walmart Expansion Project Major Site Development Permit, 1155 Airport
48 Park Boulevard, APN 180-070-38, in the Airport Industrial Park. The project proposes a 47,621
49 square foot expansion of the existing 109,030 square foot store, for a total square footage of
50 156,651 to include expanded general merchandise floor area and expanded grocery sales floor
51 area, indoor and outdoor garden centers, as well as the possibility of distilled alcohol sales, and a
52 medical clinic and/or vision center on a 13.44 acre site. Also included as part of the project is a
53 change in store hours to 24 hours per day, seven days per week, modifications to the design of
54 the exterior of the building, the addition of new parking spaces, modifications to the landscaping,
55 and other associated site improvements.
56
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 10
1 The proposed Project requires approval of a Major Site Development Permit, two modifications to
2 the AIP PD landscaping requirements, and adoption of a Statement of Overriding Considerations.
3 As part of the Major Site Development, the Planning Commission will consider the applicant's
4 request for approval of modifications to the AIP PD landscaping requirements for landscaping lot
5 coverage and shade coverage. Approval of the project would also require a Statement of
6 Overriding Considerations for the significant and unavoidable traffic impacts identified in the
7 Walmart Expansion EIR.
8
9 This item was continued from the November 9, 2011 Planning Commission meeting. Public
10 comment on this item is open.
11
12 Senior Planner Jordan: The purpose of the public hearing for the Walmart Expansion Site Development
13 Permit and Modification to Landscape Standards is to receive public and Planning Commission
14 comments on the Walmart Expansion Project site development permit and associated modifications to
15 the requirements of the AIP Ordinance 1098 and statement of overriding considerations, receive Planning
16 Commission direction on the adoption of a statement of overriding considerations and approval,
17 conditional approval or denial of the site development permit and associated modifications to the
18 requirements of AIP Ordinance 1098 that will allow staff to prepare the required findings and return to the
19 Commission. Staff further requests the Commission continue the matter to the January 11, 2012 Planning
20 Commission meeting so that staff can return with a resolution supporting the direction provided tonight by
21 the Commission.
22
23 Chair Pruden: Addressed the public and as alluded to by staff noted no action will be taken on the
24 statement of overriding considerations or site development permit. Staff is requesting the Planning
25 Commission receive public comment and provide direction to staff.
26
27 Senior Planner Jordan addressed the contents in the staff report with regard to the attachments and
28 gave a PowerPoint presentation that provides information specific to the following topics:
29 • The Existing Store
30 • What is being proposed for the store
31 • The project modifications
32 • The proposed elevations
33 • The perspectives
34 • Site Development Permit Findings must be:
35 - Consistent with the goals, objectives, and policies of the City General Plan.
36 - Consistent with the County Airport Comprehensive Land Use Plan & Ukiah Municipal Airport
37 Master Plan.
38 - Consistent with the Airport Industrial PD Ordinance 1098 and Ukiah City Code.
39 - Location, size, and intensity of the proposed project will not create a hazardous or
40 inconvenient vehicular or pedestrian traffic pattern.
41 - Accessibility of off-street parking areas and the relation of parking areas with respect to traffic
42 on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
43 surrounding uses.
44 - Sufficient landscaped areas have been reserved for purposes of separating or screening the
45 proposed structure(s) from the street and adjoining building sites, and breaking up and
46 screening large expanses of paved areas.
47 - Development will not restrict or cut out light and air on the property, or on the property in the
48 neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or
49 impair the value thereof.
50 - Improvement of any commercial or industrial structure will not have a substantial detrimental
51 impact on the character or value of an adjacent residential zoning district.
52 - Will not excessively damage or destroy natural features, including trees, shrubs, creeks, and
53 the natural grade of the site.
54 - Sufficient variant, creativity, and articulation to the architecture and design of the structure(s)
55 and grounds to avoid monotony and/or a box-like uninteresting external appearance.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • General Plan consistency
2 • Airport Compatibility Consistency
3 • Airport Industrial Park PD Ordinance 1098 Standards
4 • AIP PD Ordinance 1098 Consistency
5 • Landscaping Modification Request
6 • Existing Shade
7 • Project Shade Coverage— 10 Years
8 • Project Shade Coverage— 15 Years
9 • AIP Shade Requirement
10 • Reiterated the purpose of tonight's meeting, which is to take public comment, provide Planning
11 Commission comments, and provide direction to staff regarding General Plan consistency, AIP
12 PD Ordinance consistency, request for the modifications to the AIP PD landscaping requirements
13 and site development permit.
14
15 Planning Director Stump: Commented for the benefit of the public on the difference between a use
16 permit and a site development permit and noted a site development permit looks at architecture/elements
17 of design, site planning, parking/onsite circulation and landscaping. The focus for a site development
18 permit is not on the use associated with the project.
19
20 Chair Pruden: The public can also discuss lighting and pedestrian circulation for a site development
21 permit. Asked the public to comment on how Walmart will present itself as a building in Ukiah and limit
22 comments to the site development permit aspect of the project as opposed to whether or not people
23 should shop at the store.
24
25 PUBLIC HEARING OPENED: 7:38 p.m.
26
27 Stanley Iverson, TAIT and Associates, applicant and project civil engineer consultant:
28 • Is pleased to be here to discuss the site development project and to answer any site development
29 questions you may have.
30 • Staff in the initial discussions concerning the project expressed concern about the existing site
31 and the shade performance of the Olive Trees in the parking lot and the building treatment along
32 the frontage road.
33 • Worked with staff regarding the project to address project concerns by making site and building
34 modifications based upon staff's input and the DEIR review.
35 • The staff report is well written and effectively addresses the project issues.
36 • Commented on the site improvements that will be made to the north east portion of the property,
37 parking lot/site modifications that will provide for appropriate pedestrian access and safety. Based
38 upon working with staff we developed a site plan with site features to improve site access for
39 pedestrians, better shading for the parking areas, provide for better storm water treatment than
40 presently exists and incorporates runoff reduction features and other amenities that will be made
41 to improve the site and overall function.
42 • Currently, there is only one pedestrian path of travel coming from the gas station, Jack-In-The-
43 Box area. We will be improving those areas.
44 • The project parking areas will be mainly installed along the existing turf areas. The parking
45 provided meets the City minimum parking code requirements. The modifications provide the
46 pedestrian path among mid-part that kind of cuts midway through the project and provides great
47 access to the main building entry.
48 • Site modifications include the installation of bike paths and sidewalks along Airport Park
49 Boulevard for pedestrians.
50 • Will work to increase the sidewalk width where the site design allows as staff has recommended.
51 • The plan is to relocate the existing bus stop and provide for additional sidewalks for the
52 pedestrians.
53 • The intent is to review and address concerns as items come up in the DEIR.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • The site landscaping will be modified to provide for a diversity of form and texture beyond what is
2 on the site today. Due to the performance of the front drive aisle, we will be allowed to install new
3 landscaping with more appropriate trees and lower water usages in the turf areas that exist.
4 • The new areas of the parking lot are over 50 percent and greatly improve the existing areas of
5 landscaping.
6 • Is of the opinion the 15-year shade coverage calculation that is a City of Davis standard is
7 appropriate.
8 • Will incorporate low impact development (LID) features where feasible, such as flow-through
9 planters if at all possible on the northerly side of the site.
10 • The existing catch basins in the parking lot can be retrofitted to include tree planter filters along
11 the front drive aisle that directly connect to the catch basin and onsite storm basins that would
12 incorporate runoff reductions as required by the California Green Building Code. There is the
13 opportunity for this behind the store and along the freeway frontage before the water goes into
14 the Caltrans right-of-way.
15 • The project will prepare a `SWPPP' (Storm Water Pollution Prevention Plan) that will comply with
16 the State Storm Water general permit during construction.
17 • Amenities will be installed to improve the overall site appearance.
18 • Additional features will be added to the site entrance such as canopy shading to address staff
19 concerns of the westerly exposure.
20 • Benches, seating areas and bike rakes for the public will be included and will be further address
21 with the project architecture.
22 • Agrees with staff's analysis of the project and is of the opinion the project is consistent with Ukiah
23 General Plan and other document requirements.
24 • Concerted efforts have been made to incorporate landscaping features as best possible
25 considering the existing site and the area available to develop.
26 • Is available to answer questions concerning the Site Development Permit.
27
28 Charles Jordan, Represent the Architecture Firm Shane O'Brien for the Walmart Expansion:
29 • Referred to the site plans for the proposed expansion to demonstrate the building elevations and
30 additional features to include variations and application of vestibules, parapets, canopies
31 intended to architecturally enhance and update the appearance of the building.
32 • Demonstrated the application of color schemes that would complement the existing building and
33 other buildings in the neighborhood.
34 • Underneath the canopy will be benches, bike racks to make the project more pedestrian friendly.
35 • Specifically addressed the design and introduced the materials proposed to demonstrate the
36 positive architectural effect they will have on the building. The design and building materials will
37 also provide relief to the mass of the building with the increased size from the expansion.
38 • Talked about the design for the garden center.
39 • Walmart is conscientious about the environment with regard to green building applications and
40 concern for energy conservation and will install skylights where feasible, particularly for the
41 grocery expansion area that will act as a 'light harvesting system.
42 • Replacement of the heating/cooling system will allow for improved energy efficiency.
43 • The water heating for all the grocery area will be heated by recycled heat from the refrigeration.
44 • The roof will be white and non-pvc that reflects the heat and reduces the effect of heat from the
45 sun.
46 • Signage will be LED lit which will result in less wattage used.
47 • Recycled materials will be used and the expansion will use recycled steel and other recyclable
48 materials in the concrete, wall panels, baseboards, etc,
49 • Restroom facilities, lighting fixtures and features/systems will allow for energy conservation.
50 • The film on the glass for the refrigeration units will result in energy efficiency by keeping the glass
51 casings defrosted which otherwise has to be done with a heating source.
52 • Walmart will incorporate an intensive recycling construction program where the contractor would
53 be required to recycle as much demolition material as possible.
54
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 13
1 Chuck Williams:
2 • Is concerned about the parking and landscaping for the Expansion Project.
3 • If the EIR was developed as projected, the contaminated runoff from the parking lots should be
4 no problem.
5 • One of the three ways of clearing the runoff stated in the EIR is to provide for bio-swales to
6 absorb the contaminated runoff from the parking lot. There are no bio-swales onsite or on the site
7 plans. The project engineer did reference adding some bio-swales at the back of the building.
8 Presently, runoff goes into a culvert and empties into the nearest stream. Is hopeful Walmart will
9 provide for bio-swales for onsite retention of water runoff.
10 • The second method mentioned in the EIR calls for the use of existing grassy areas to help absorb
11 the contaminants. These existing grassy areas are raised above the level of the parking lot.
12 • The third method mentioned in the EIR calls for the installation of filters in the parking lot where
13 the water drains, which could work if properly maintained and the contaminants disposed of
14 properly.
15
16 Julia Wood:
17 • It is the responsibility of every merchant to provide a safe ingress and egress. Walmart does not
18 do this.
19 • Is a disabled senior citizen.
20 • Referred to the deciduous trees on the site that drop material onto the sidewalk creating a
21 hazard/danger for people walking. Recommends Walmart change the type of shade trees where
22 there are sidewalks and/or seating areas.
23 • The complex where Walmart is located does not have any crosswalks. Recommends looking at
24 installing crosswalks in the Airport Industrial Park in areas where people have to cross streets to
25 get from one section of a complex to another. Having retail establishments in one area and/or
26 complex allows people to take advantage of `cluster shopping,' but such shopping must be made
27 safe for people walking from store to store.
28 • Preference for crosswalks is for them to have signal lights advising when people can cross a
29 street safely.
30
31 Brent Lorenz:
32 • Is of the opinion the Walmart Expansion Project is good and benefits the community.
33
34 Ernie Olsen:
35 • Referred to an issue of Forbes magazine about the tremendous wealth of the family who
36 established Walmart.
37 • There is a lot being said today about the 99 percent and the one percent. I want to use Bill Gates
38 as a benchmark. Bill Gates is worth 59 billion dollars. He compared Bill Gates to the Walton
39 Family. This family is worth much more than Bill Gates.
40 • Do people really want to support the wealth of one family by allowing Walmart to expand at the
41 expense of the community and the negative impacts the project will impose?
42 • The proposed project will not improve the hiring of people in this community. The number of jobs
43 lost as a result of the expansion will probably equal the number of jobs hired for the project.
44 • Your vote will depend on whether you are supporting the one percent or the 99 percent.
45
46 Eric Wright:
47 • Supports the concept of social equality for all persons.
48 • The EIR is a waste of time and money.
49 • Walmart does not support`green' practices and does not recycle.
50 • The Walmart store does not have windows and resembles the look of a factory.
51 • An expansion would be a cost of jobs and a detriment to the environment.
52 • Statistically speaking, for every one job Walmart created, two are lost.
53 • Walmart employees are paid minimum wage, provided minimal or no benefits and are not allowed
54 to join a union.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 14
1 • On a bigger issue, `millions of Chinese in virtual slave labor are producing goods for Walmart and
2 Walmart seems to have a clear conscious and is accepting of the concept that workers can be
3 treated as human cattle.'
4 • There are other supermarkets in this community that provide a living wage and good benefits.
5 Why would this community risk putting grocery stores out of business in favor of the biggest retail
6 commercial establishment in the world that does not seem to have respect for its own
7 employees?
8 • All this community is getting from Walmart is low morals, low wages, low quality products and
9 services, and low prices to keep up this capitalistic empire built on greed and corruption.
10 • Is hopeful the Commissioners understand the downside of the expansion project.
11 • Walmart cares only about wealth at the expense of others.
12 • Is of the opinion this great community overall believes in human value and respect to the working
13 men and women of our local area and this is something Walmart does not seem to have.
14
15 Ike Heinz:
16 • Is an artist and typically looks at things from an aesthetic perspective. The design perspective for
17 the Walmart Expansion Project is ugly.
18 • Is of the opinion the design is the worst type for big box buildings.
19 • In terms of improving the architecture to complement/enhance the community and promoting
20 energy conservation, recommends implementing skylights and windows and a more aesthetically
21 pleasing design. The building resembles that of a jail. The material is concrete and the color
22 scheme is plain.
23 • Does not think Walmart needs to expand since this community already has a Walmart.
24 • Supports improving the appearance of the existing Walmart store.
25
26 Fred Innerebrer:
27 • Would like to see more bike lanes in the area.
28 • The Walmart Expansion project may impact some grocery businesses, but not many.
29 • Select landscaping that are not a safety issue such that people could slip and fall because of
30 droppings.
31
32 Helen Faulkner:
33 • Appreciated having the opportunity to speak during the Planning Commission public hearing for
34 the Walmart Expansion Project.
35 • Provided the Commission with a document entitled, `The Hidden Costs of Walmart Jobs' and
36 provided a summary of its contents:
37 ■ The document was written by UC Berkeley Labor Center.
38 ■ The study shows how Walmart's low wages forces employees to get public assistance to
39 supplement their income.
40 • In effect Walmart is being subsidized by taxpayer's money so their workers can survive.
41 ■ This is only part of the story, if Walmart is allowed to expand Food Maxx and Lucky's
42 supermarket will likely close. As a result, many higher paying jobs will be lost.
43 ■ The wages of whoever remains working in this town will be lowered to meet WalmarYs
44 unfair competition.
45 ■ More of us will become the working poor and forced to take public assistance.
46 ■ The tax base that supports public assistance programs will shrink because there are
47 fewer people who can pay taxes.
48 ■ Cuts in pay and cuts in assistance are not okay.
49 ■ If allowed, Walmart would take its money out of here. We do not have to allow it.
50 ■ Many people in the room tonight are opposed to the Walmart Expansion Project.
51
52 A copy of the aforementioned document is incorporated herein and referenced as attachment 1.
53
54 Sandra Wilhite:
55 • Is a Walmart employee of 11 years.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 15
1 • Is proud to work at Walmart.
2 • Many of her family members work or have worked for Walmart.
3 • All of the numerous jobs her husband has had in this community have closed and not been
4 replaced. If it were not for Walmart and the insurance provided her husband would have not been
5 able to have bypass surgery and would be dead.
6 • Her husband is a Teamsters Union member and receives $87 per month for his retirement. When
7 her husband passes away, she will receive $35 per month to live on. As a result, she has no
8 respect for unions. Teamsters took out $55 or more per month for dues and the amount kept
9 increasing out of her husband's paycheck over a period of 23 years. That is slave labor. That is
10 stealing money.
11 • Presently has five grandchildren, some of whom are looking for jobs in this community. She
12 supports the expansion project because this will create more job opportunities.
13 • Is of the opinion that the big boxes of Safeway, Food Maxx and Lucky's supermarket will not
14 close as a result of the expansion project. Walmart will be their complement. Just as her job in
15 Walmart is a complement to the community.
16 • Works in fabrics and crafts and has a nice working relationship with the owner of Beverly Fabrics
17 and they share the same customers. If Walmart does not have an item she will send them over to
18 Beverly Fabrics and vice versa.
19 • Her family gives back charitably to the community and so does Walmart.
20 • The American dream is here at Walmart.
21 • If she came up with a great idea like that of the family of Walmart and was able develop it into a
22 mega dollar industry this is her right as an American.
23
24 Linda McClure:
25 • Represents the Mendocino Environmental Center.
26 • When Walmart was initially built, the EIR process was done through a Negative Declaration.
27 Accordingly, Mendocino Environmental Center filed a lawsuit against Walmart and the City
28 whereby an EIR was then required.
29 • One of the issues at that time was the number of trees in the parking lot. Walmart has not met the
30 mitigation measures relevant to the number of trees required for the parking lot for the initial
31 project.
32 • Elaborated on an incident she and other community members were involved with and ultimately
33 arrested for simply exercising their civic rights by collecting signatures on a legitimate ballot
34 initiative in a shaded area in front of the Walmart store.
35 • A person is allowed to sit in the shaded area as long as he/she buys merchandise but if you are
36 trying to exercise your civic rights by engaging in the political process and getting signatures for a
37 legitimate ballot initiative/petition, Walmart does not like this. Persons that went back to collect
38 more signatures were also arrested.
39 • A lawsuit was filed against Walmart for interFerence with our civil rights and the corresponding
40 settlement required them to change their policy about collecting signatures.
41 • As recently as our last election where Measure A (library tax initiative) was on the ballot, when
42 community members approached Walmart about getting signatures to get the initiative on the
43 ballot were limited to a particular area and advised of a potential charge of $100 for this type of
44 activity. As a result, the Measure A persons chose not to collect signatures for the ballot initiative
45 at Walmart and went somewhere else.
46 • This type of behavior speaks to the kind of neighbors that Walmart represents as to how people
47 are treated in this community.
48 • There are national lawsuits against Walmart by employees for sexual harassment, gender and
49 discriminatory reasons.
50 • On the issue of traffic, the numbers in the EIR regarding the proposed traffic count are
51 considerably lower than those disclosed for the Costco EIR project. This matter needs to be
52 reviewed.
53 • On the issue of the local economy, clearly money spent in local businesses stays local at a much
54 higher percent compared to large big box corporate stores that operate locally.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 16
1 • From what we have heard tonight that money is leaving our community. Money spent at Walmart
2 is leaving our community and going into the pockets of the Walton family
3 • Thanked the community for coming and stating their position.
4
5 Kate Chopin:
6 • Appreciates that the City of Ukiah Planning Commission's major concern is for the safety and
7 welfare of its citizens.
8 • With regard to significant and unavoidable traffic impacts and the inability to really mitigate and
9 the likelihood the improvement costs are going to be in the millions of dollars, I do not hear
10 Walmart saying `yes' we are happy to invest in that.
11 • Right now traffic on the South Ramp coming off Talmage is already backed up. I cannot imagine
12 what is going to happen with a 24/7 expansion.
13 • Being open 24/7 is not going to mitigate the problem.
14 • It is the responsibility of the Planning Commission to hire an independent study and analysis of
15 the traffic concerns, not just on Airport Park Boulevard or the Walmart parking lot, but the traffic
16 coming to and from the area off the Talmage exit.
17 • The cost of improvements would be in the millions.
18 • We are already overtaxed, people are very cash strapped.
19 • Does not want to be paying for an expansion for the next 20 years.
20
21 Cathy Finnigan:
22 • Has concern about the proximity of this project to the freeway.
23 • Unlike other communities Ukiah does not have sound barriers.
24 • Would be nice to designate our freeway going through Ukiah as a wall-free highway.
25 • Has concerns that if sound barriers are not in the current plan, they will be in the future.
26 • Does not want sound barriers constructed to block out noise impacts from retail establishments
27 because especially nowadays, we need to be able to see the world around us and this is too
28 beautiful a valley to wall-up.
29 • The negative impacts to this community far outweigh any benefits that will come from this project.
30 The project will generate a nice sum of money for Walmart executives and very little benefit for
31 this community.
32
33 Jeffery Blankfort:
34 • It should be made clear that the overriding consideration of all elected officials, Ukiah and
35 elsewhere should be for the health, welfare and safety of the people they present, which trumps
36 that of any corporation seeking to expand.
37 • When making a Statement of Overriding Consideration for the impacts that cannot be mitigated, it
38 cannot be allowed to trump the safety and welfare of the people of Ukiah.
39 • Does not recall hearing mention of a letter with comments sent to the Planning Commission last
40 week by the County Board of Supervisors regarding the EIR, which was late in terms of EIR
41 public comment period that was closed, but did contain criticisms of the EIR that are applicable to
42 this Site Development Permit and Statement of Overriding Consideration with the primary issue
43 being traffic.
44 • Nobody is disputing that traffic on Talmage Road, South Ramp on Highway 101 and Airport Park
45 Boulevard interchange is bad.
46 • If the number of visits increase dramatically as a result of the expansion project, lives could be
47 endangered for those persons exiting at the South Ramp at Talmage to enter Airport Park
48 Boulevard or actually driving along in the right-hand lane on Highway 101 going north or south.
49 • Quoted a comment from the County Board of Supervisors, `The additional queuing backup
50 generated by the project will increase the frequency and severity of queuing backups onto the
51 freeway. Existing and effectual levels of service are understated for the westbound left turn lane
52 from Talmage Road onto Airport Park Boulevard, which currently experiences queuing problems
53 that interfere with the operation of the freeway interchange.'
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • Based on the understated, the existing intersection level of service and the mitigations identified
2 in the EIR are unlikely to address the additional impacts/cumulative impacts as a result of a
3 quote/unquote `discount club scenario.'
4 • The mitigations are unfunded. Whatever proposal might be made, whatever design might be
5 made, there is no money for it in the foreseeable future. Right now our schools are underfunded
6 and people are being laid off.
7 • To try and pretend that adding a 24/7 expansion of Walmart, which would require millions of
8 dollars spent on freeway construction, is a benefit to the people of Ukiah.
9 • According to CEQA Guidelines 1590(A), CEQA requires the decision-making agency to balance
10 as applicable the economic, legal, social, technological and other benefits if a proposed project
11 has significant and unavoidable environmental risk when determining whether to approve project.
12 The guidelines also say the agency shall state in writing the specific reasons to support its action
13 based on the final EIR and/or other information the record. The Statement of Overriding
14 Considerations shall be supported by substantial evidence in the record.
15 • The decision makers have to provide evidence the traffic congestion that is going to be increased
16 dramatically and dangerously on Highway 101/Airport Park Boulevard interchange is outweighed
17 by the benefits of a Walmart Expansion into a 24-hour, seven day-a-week grocery store, which
18 will provide absolutely nothing new or different that is not presently available to the citizens of
19 Ukiah and this county.
20 • A previous speaker recommended the City at some point fund or find funds for an independent
21 study to determine exactly what kind of interchange design could work in order to mitigate the
22 present problem there and expansion of other stores in the area.
23 • It is really important to consider that it is virtually impossible to accept the EIR as adequate
24 because it does mention in the EIR document that some of traffic impacts identified cannot be
25 mitigated, given no funding.
26 • The Planning Commission is under no obligation to come up with a Statement of Overriding
27 Considerations with regard to `unmitigatable' traffic impacts identified in the EIR in which you are
28 essentially saying expanding Walmart into a 24-hour, seven-day-week grocery store that is
29 offering nothing new for the citizens of this town or county is more important than the safety and
30 welfare of the lives of the people of Ukiah out on that freeway.
31
32 Bill Durham:
33 • Lives in Potter Valley, but shops in Ukiah.
34 • In terms of the aesthetics of the Walmart building, the building is ugly like most big box stores.
35 • What is more important is that the Planning Commission is charged with looking at what is good
36 for Ukiah in the long term.
37 • Why does Walmart want to get into the supermarket business when there are at least four
38 supermarkets already in Ukiah in a town of 15,000 people. It is because Walmart believes they
39 can take business away from the existing supermarkets. Their own EIR says or predicts that they
40 will take approximately $50,000 a year from the other grocery retailers. What this means we are
41 considering exchanging living wage jobs that actually have benefits for jobs that pay the absolute
42 minimum in the retail industry and have little or no benefits. Basically what I am saying is that we
43 are here to discuss whether or not Ukiah is going to `economically shoot itself in the foot' in order
44 to help aggrandize the richest family in the world.
45 • Allowing Walmart to expand is going to put at least one or maybe two existing grocery stores out
46 of business so we have to look at the real bottom line.
47 • Walmart has more of its employees on public assistance than any other retailer in America and
48 as taxpayers of Mendocino County, we are going to make up the difference between a living
49 wage and what Walmart pays because we pay for the public assistance that many of Walmart's
50 employees qualify for.
51 • I want to remind folks that Americans fought and died for the 40-hour work week, vacation pay,
52 sick pay and child labor laws. These were not gifts from our benevolent employers and
53 Americans fought and died for these things and the unions stood with them.
54
55 Josh Leach:
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 18
1 • Is the 'employee coordinator' of the Walmart here in Ukiah.
2 • It is easy to throw up statistics and numbers when you are speaking against the largest
3 employer, one of the largest employers on the planet.
4 • Walmart hires more people than other company so there would be a higher percentage of
5 employees on assistance.
6 • There has been discussion about the speculative closure of other markets/other companies in
7 the area. I have done a lot of traveling and seen many Albertsons, Raley's, and other companies
8 still thriving in the midst of other Walmarts and Walmart supercenters and they are still there.
9 • Commissioner Whetzel made mention that a person will continue to shop where you shop
10 because these establishments provide the type of products a person wants and the customer
11 quality of service that persons is looking for regardless of price.
12 • Is willing to pay more for a product or service.
13 • Once a person has established a shopping habit based on the services and products that are
14 offered, one is not at-risk of losing this because somebody sells it cheaper. To do so would be to
15 undermine a consumer's buying intelligence.
16 • No one is forced to shop at a Walmart store. People do this by their own choice and if they do so
17 for economic reasons why is this a disservice?
18 • Potential closure of other grocery markets is speculative. If we do not know we are going to lose
19 jobs in other companies, why would we not guarantee jobs by expanding our store?
20
21 Mike Rundon:
22 • Is the grocery manager of Walmart and proudly so.
23 • Has been on public assistance so many times in this town because of layoffs.
24 • There are many people in this community looking for full-time employment.
25 • Has family members that have tried to get a job at Lucky's, Safeway, and other jobs with the
26 promise of 17-18 hours a week, plus paying for their union dues.
27 • We need to supply more jobs in the community.
28 • Walmart has a chance to provide jobs.
29 • With the construction and expansion of the food department, we cannot afford to just stay
30 stagnant.
31
32 Mary Anne Miller:
33 • The instructions from staff and from Chair Pruden made me feel that we are only talking about
34 this proposal, when the EIR has made us believe we are actually looking at various alternatives.
35 We are told we can only talk about the site plan and the landscape plan.
36 • Is of the opinion, we are still talking about all of the alternatives.
37 • Decision makers need to have the widest possible range of possibilities, especially since you may
38 not be able to approve the Statement of Overriding Conditions for those environmental impacts
39 that are significant and unavoidable because they cannot be mitigated.
40 • Will speak to the Statement of Overriding Conditions at another hearing.
41 • Would like to address the `Alternatives' and why we do not have a site plan in front of us that
42 shows the number of parking spaces needed for the existing footprint. After all, two of the project
43 alternatives show the existing footprint.
44 • Questions what is wrong with remodeling the Walmart store, retaining as much as possible of the
45 really viable landscaping, improving the parking lot and keeping the plant sales outside. Plants
46 belong outdoors rather than indoors. Ukiah has more nice days than anyplace she has ever lived.
47 • Questions why there are no solar panels on the roof? We could have more solar gain and feed
48 into the grid with all the electricity gained.Why is this aspect not being shown?
49 • Walmart needs to think `green.'
50 • Why does Walmart not have more permeable pavement? Chuck Williams talked about bio-
51 swales. Walmart should be able to collect water runoff in an approvable way that does not run
52 down into the creeks.
53 • It would be beneficial to have permeable paving so that the water goes down and recharges the
54 groundwater.
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1 • The plan is to tear up the entire parking lot and put down new asphalt. Is concerned with having
2 to recycle the old asphalt.
3 • Supports the building footprint remain the same. Walmart could still put groceries into the existing
4 footprint.
5 • Referred to page 6-14, section 6.5 of the Draft EIR that talks about the environmentally superior
6 alternative. Alternative 3, the no footprint expansion alternative eliminates five of the major
7 potentially and truly significant environmental impacts.
8 • A Statement of Overriding Considerations will not have to be approved by choosing the
9 environmentally superior alternative.
10
11 Dennis Slota:
12 • Concurred with other commenters that the building is `pretty ugly.'
13 • Resembles a warehouse.
14 • Understands Walmart has a poor record of performance with their past site development permit.
15 It is important Walmart does what they say they are going to do unlike the past.
16 • The LID features fossil filters. Storm drain inlet filters are the least effective and most expensive
17 treatment mechanism there is. The use of tree wells is similarly not advocated because it is like
18 putting a tree in a pot. A tree can only provide cleaning services for so long before that soil is
19 basically not adequately able to produce the filtration and the necessary cleaning through the soil.
20 The much preferred system is natural vegetation. Natural trees are not contained within a tree
21 well. Bio-swales act as a flow-based system and is an acceptable mechanism to get water
22 somewhere where it will be treated, but the downside a bio-swale by itself does very little on
23 treatment. It does pretty good on filtration if there is turbid water, but in terms of a treatment
24 mechanism, bio-swales provide limited function.
25 • Bio-retention is the preferred mechanism to treat the parking lot. Porous pavement/asphalt would
26 be a great way to proceed.
27 • Is of the opinion unmitigated traffic is enough to deny this project.
28 • Had the misfortune of being in Chico during the days when their development got ahead of their
29 infrastructure and it was very dangerous going down the highway at 65 miles-per-hour and all of a
30 sudden you come to a dead stop because there is a backup on the freeway. People do not
31 expect this.
32 • Ukiah is the major corridor of tourism throughout the entire north coast. People from all over the
33 world use highway 101 and do not expect to abruptly have to stop all of a sudden. This is very
34 dangerous. Locals will be clued in, but travelers will not. Then you get that mix of locals who know
35 that is going on and make unsafe lane changes and the tourists/visitors coming through are
36 completely surprised to have to come to a screeching stop.
37 • The project conflicts with the Ukiah General Plan.
38 • Does not see how there is any basis to approve the project.
39 • Ukiah is not a 24-hour town and once you turn that corner of selling 24-hour services there is no
40 going back.
41 • Asks to please retain this beautiful community. It is not necessary for Walmart to expand.
42
43 Debbie Vinson:
44 • Has lived in Ukiah all of her life.
45 • Has had a variety of jobs.
46 • Is disabled due to a construction accident.
47 • Takes care of her disabled sister.
48 • Has seen a lot of changes occur in Ukiah.
49 • Is of the opinion the proposed Walmart Expansion Project is good for Ukiah.
50 • The project has many pluses.
51 • Supports Walmart should operate 24/7, particularly for those persons that need things when other
52 stores are closed.
53 • We already are aware of traffic problems in the area and is of the opinion that Walmart should not
54 be blamed for the problem.
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1 • Traffic issues and congestion are a growing problem in this community, which means Ukiah is
2 expanding by leaps and bounds. Traffic is an issue that should be addressed by the City of
3 Ukiah/county and not by Walmart.
4 • Walmart has indicated they would pitch in and help with the cost for repairs/improvements to the
5 roads/streets affected.
6 • If the Walmart Expansion Project is approved, it would be more of an asset than a problem.
7
8 Pascal Milan:
9 • Supports approval of the Walmart Expansion Project.
10 • Likes the concept the store will open 24/7 for convenience purposes.
11
12 Craig Davis:
13 • Is the Ukiah Walmart store manager.
14 • Discussed his career path with Walmart through its advancement programs.
15 • Explained Walmart has different levels of responsibility. Since his initial employment at age 23, he
16 has been promoted five times into different levels of greater responsibilities.
17 • As a store manager for four years, he is in a position to mentor many of my associates towards
18 the same career path he chose.
19 • Is proud of the associates. The associates love their jobs.
20 • Walmart employees appreciate working for an employer that rewards hard work and dedication to
21 our customers. The proposed expansion will add 85 new jobs to this community and a variety of
22 positions will have full benefits.
23 • Explained Walmart's commitment to the community. In this past year alone, Walmart helped fund
24 renovations to the local pool, contributed to the food bank's holiday drive and donated to over 50
25 organizations within this local community. Additionally, Walmart has launched a new partnership
26 with the Ukiah Main Street Program to help them and Walmart as a community bring more people
27 to the Downtown.
28 • On behalf of Ukiah Walmart, we are looking forward to better serving our customers with their
29 needs with an expanded store
30 • In these economic tough times, strongly believes that our community needs more job
31 opportunities. By approving the Ukiah Walmart Store Expansion Project, you will be creating
32 these jobs for our community from a company that takes good care of their employees.
33
34 Dorothea Dorman:
35 • There have been several requests for an additional EIR, an independent EIR about the traffic
36 problems that the Walmart Expansion Project will be creating.
37 • Supports allowing for an independent EIR and not an EIR conducted by an employee of a firm
38 through its international real estate division that has business affiliations with Walmart. Is of the
39 opinion this is absolutely disgraceful on the part of the Commissioners with one exception to
40 accept this and permit this conflict of interest. This is characteristic of the corruption of our
41 government officials at every level of government from top to bottom and bottom to top.
42 • Supports providing for a truly independent analysis of the traffic problems.
43 • Having to abruptly stop on a freeway and noted it to be a very dangerous situation.
44 • Everything is wrong with this project.
45 • While Walmart may give some money to the food bank, employees of Walmart can go to the food
46 bank and supplement their incomes. Has no knowledge what type of food Walmart donates, but
47 knows of people who no longer go to the food bank because it primarily has refined
48 carbohydrates.
49 • What do you get from refined carbohydrates?You get a great big, fat belly and poor nutrition.
50
51 Andrea Berene:
52 • Is a community member and a Walmart employee.
53 • Walmart has always been accommodating.
54 • Her insurance benefits with Walmart have been excellent and has covered 85% of her costs.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • Her salary at Walmart started above minimum wage.
2 • Actually quit her job at Mervyn's because she was making minimum wage there and went to
3 Walmart to work.
4 • Is of the opinion the expansion project will beautify the building compared to the present
5 building.
6 • The EIR will set standards for when Costco comes. Costco will have to be comparable to us.
7 • There is no other store in our community that offers all the products the remodeled store will.
8 • Walmart has donated a lot to this community. As an employee she helped with a Community
9 Gardens Project in her apartment complex where tenants can grow fresh, organic fruits and
10 vegetables for their families.
11 • Has knowledge that many Mom and Pop stores from the north end of Mendocino County come
12 to Walmart to purchase items as customers and state, `thank goodness Walmart is here,
13 otherwise we would not be able to keep our stores running.
14 • Does not agree that Walmart will put other grocery stores out of business.
15 • Walmart is a definite plus for our community.
16 • Walmart products are affordable.
17 • The new expansion is an improvement to what is existing and is of the opinion the project will
18 have a positive impact on our community.
19
20 D.Jacques:
21 • Supports approval of the Site Development Permit.
22 • The Project meets the environmental, color, size and height requirements.
23 • The building is aesthetically pleasing.
24 • Allowing the store to operate 24/7 will benefit the hotels in the area, should there be a need for
25 someone to purchase an item when most retail establishments are closed while he/she is staying
26 in a motel in the area.
27 • The Expansion Project will bring more people to the community.
28 • Like Commissioner Whetzel, he too will not purchase seafood anywhere but at the Lucky's
29 Grocery Store.
30 • Has observed after living in Ukiah since 1980 that people are very particular about food, what
31 types of food they buy and where it comes from. People will maintain their current shopping
32 habits. Walmart is not going to affect this behavior other than the increased revenue and the
33 benefits that come from a new facility.
34 • While he sympathizes with the homeless that frequent the area, the lighting, added security and
35 the problems that presently exist with the homeless that use Walmart as a place to set up an
36 encampment would mostly disappear with the Expansion Project.
37 • Others have addressed the traffic problems in the area. The traffic problems on Talmage Road
38 and the freeway are an issue for Caltrans.
39
40 Linda Gray:
41 • Walmart is already big enough for our little town and making it bigger would just make it too big.
42 • Is of the opinion any of the benefits that might come from the Walmart Expansion Project would
43 not outweigh the traffic problems on Talmage Road and the possible safety hazards that would
44 come with this.
45 • Is of the understanding there is no funding needed for road improvements if Walmart is not
46 allowed to go ahead with the project and especially if Costco comes along too that is just going to
47 compound the problem.
48 • A possible solution would be some kind of access road at the south end of Airport Road onto
49 Highway 101. Again, there is no funding for this so until that situation is resolved does not see
50 how the expansion can be approved.
51 • Agrees with other commenters there should be some kind of independent analysis of the traffic
52 problem, complete with the project actual costs.
53 • Encourages the City to look at the installation of more crosswalks in Ukiah.
54
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Page 22
1 Penny Vinson— Inaudible.
2
3 April Schopenaur:
4 • Has worked for Walmart for seven years.
5 • Has become the sole provider of her household and makes a living wage at Walmart.
6 • Is able to supply her daughter with the things she needs and wants.
7 • Is able to participate in school activities because Walmart offers employees the ability to take
8 time to be with her their children at school with very little notice.
9 • It is not true when people say Walmart is an unfair place to work. Walmart is very willing to work
10 with their employees.
11 • Every time there are fund raisers at the local schools, Walmat hands out gift certificates.
12 • Medication at Walmart is much lower than other pharmacies and they provide the four dollar plan
13 and this is whether a person is an employee or not.
14 • Some of those four dollar plans save enough to make sure it is the difference between eating
15 and supplying needed medication. Everyone has the issue or need to cut back here and there.
16 • Supports the concept of a one-stop shop even though most people frequent other stores for food
17 and other necessities, but for the basics it is easier to one-stop shop and be home in much less
18 time. Less time in stores means more time at home with family.
19 • Walmart encourages employees to spend time with loved ones and allows for a lot of 'family
20 time.'
21 • Walmart provides for vacation and sick time. We are also allowed leaves of absences. Walmart
22 employees have everything else that every other company offers. We are in no way being
23 mistreated. It is not a slave workshop.
24 • Probably everyone here tonight has thought about participating in a layaway plan at some point.
25 It does not matter who you are. Walmart brought back layaway this year just so parents can buy
26 those things for their children that they cannot afford at one time.
27 • Whether or not people work at Walmart or some other establishment, they have to watch every
28 dime they have so if you can buy it cheaper at Walmart that is where people will go to shop.
29 • Supports the Walmart Expansion Project.
30 • While there may be issues and concerns about traffic, there are concerns about different things,
31 but the benefits do outweigh the slight things that need to be worked out still. Is of the opinion the
32 issues and concerns can be worked out.
33
34 Ray Gurbeon:
35 • Supports the Walmart Expansion Project.
36 • Is of the opinion that people will not lose their jobs as a result of the project, but rather help
37 people find a job.
38 • There are people in the community who really want a job and the Expansion Project will allow
39 that opportunity.
40 • Is appreciative of Walmart.
41 • Has worked at Walmart for 10 years. He would not work anywhere else.
42 • As an employee, customers frequently ask him when Walmart will expand.
43 • This community wants the expansion and they need it.
44 • As far as the traffic problem, no matter where you go there is always safety problems with roads.
45
46 Terry Poplawski:
47 • Is an organizer with the Mendocino County Coalition of Union Members.
48 • Approval of the project to include overriding considerations will facilitate Walmart to develop a
49 grocery market that will be in direct competition with markets that presently exist and presently
50 pay a union wage to their employees.
51 • There have been commenters who have talked about the fact the wage base for the grocery
52 industry will be diminished if Walmart is allowed to go into the grocery business. There has been
53 discussion about Walmart in terms of labor relations having problems with discrimination against
54 women and with areas of promotion. There are many lawsuits internationally of management
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 coercing employees to work off the clock. There is a lot of labor problems with Walmart so as a
2 union organizer I am here to speak to the fact that if employees who are presently working at
3 Walmart mouth the word `union' this sets in motion a major process in Walmart, including bringing
4 in huge teams in private jets to quarantine that kind of thinking and this is of concern.
5 • As part of this project there should be stipulation that Walmart should have to have a card check
6 neutrality which would mean that if the employees wanted to unionize they would be able to do
7 this with a card check process.
8 • The National Labor Relations Act requires Walmart allow elections and they have a history of
9 defeating and doing anything, including closing stores in order to avoid having an N.L.R.B. Union
10 election.
11 • Walmart is not the kind of neighbor this community we would want to aid and abet their process.
12
13 Serena Stafford:
14 • Has been employed by Walmart for seven years and likes her job very much.
15 • Walmart has been a very accommodating employer.
16 • Started out as a part-time associate so she could care for her children.
17 • Is working more and more now that her children have grown up and is pursuing full-time
18 advancement opportunities that Walmart offers employees.
19 • Went on a leave of absence for a period of time due to a medical condition and still remained an
20 employee. During this time was able to utilize her employee discount privileges and return to her
21 same position without any problem after her leave of absence. She was treated well during this
22 time and was well accommodated by Walmart.
23 • Daily hears from customers how happy they are to shop at Walmart. Customers indicate how
24 Walmart saves them money and reduces their travel time.
25 • As someone who cares about the environment, believes that lessening the number of car trips
26 dramatically helps the environment. With an expanded grocery section, people will not have to go
27 all over town in their cars to pick up various items for their food shopping.
28 • We are told to shop locally, but this does not always happen because an item(s) is not always
29 available then people must travel out of the area to a larger store. If there were a larger Walmart
30 in Ukiah, money would be pumped into the local economy as well as provide more jobs that the
31 community desperately needs.
32 • The people who say they will lose their jobs if Walmart expands are shopping at Walmart now so
33 what is the difference?
34 • If Walmart becomes a super Walmart or whether it remains the current Walmart, it is not going to
35 change where people shop. People are going to shop at Walmart.
36 • If people come to Walmart and an item is not available, we will send them to other stores in the
37 community.
38 • With the store being open 24/7 a week the community can shop at their convenience.
39 • Everyone has different work schedules. Smaller stores are not open Sundays or evenings. The
40 other stores will continue to stay open because of the specialty items, as well as the personal
41 service to the community. A larger Walmart would only enhance the other businesses not take
42 away. Overall, is of the opinion competition is healthy and there is nothing wrong with making
43 sure all businesses are conscious of their customer service and prices. Walmart goes to great
44 efforts to offer low prices and that is the primary reasons people come to the store.
45 • It makes sense in this economy to shop at a convenient and affordable store where people can
46 get the most for their money.
47 • The founder of Walmart said `we must be a servant to become a leader.'
48 • Is of the opinion Walmart is only here to serve and by expanding, it will be in a position to serve
49 the community better.
50 • Supports approval of the Walmart Expansion Project.
51
52 Charley Vaughn:
53 • In 2009 US taxpayers paid 2.8 billion dollars for public support for Walmart employees and
54 Walmart is the only company in the world doing this yet they are providing low prices, wonderful
55 low prices with a smiley face and some decent jobs. Some people are happy with their jobs, but
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 24
1 they are not getting these wonderful low prices by magic. We are subsidizing that. Every single
2 one of use in this room is paying through our taxes for public support for those employees that
3 are not being paid a living wage.
4 • Walmart is too big to expand. It is time for us to draw the line. Every community in this country is
5 being faced with Walmart expansions.
6 • Walmart is too large. It is a model that cannot be sustained.
7 • Look at what is happening to our economy. The largest retail corporation in the country is
8 dragging our employment level down with the lowest wages. It is time for us to say no more.
9 Living wages must be paid and we are not going to supplement this anymore.
10 • Please make the right decision and say`no' on the expansion.
11
12 Steve Frankel:
13 • Is a business owner in Ukiah. Has observed the traffic problems on Talmage Road and the
14 freeway ramps north and south bound.
15 • Is very concerned about any increase in traffic resulting from the Expansion Project. The area is
16 already heavily congested and dangerous.
17 • Worries about his child driving to and from in this area, noting one of his daughters was rear-
18 ended on Talmage Road.
19 • Is of the opinion there is no way to mitigate the traffic impacts in the area. Does not know what
20 the solution would be just using common sense. Does not understand how you can deal with
21 further increases in traffic exiting or entering Talmage Road.
22 • Suggests hiring a good independent study consultant, another one from a non-biased source
23 because the current study was biased based on what has been discussed here today.
24 • It is not necessary to have a larger Walmart store.
25 • Does not support allowing Walmart to be open 24/7 days a week.
26 • Everything that would be put into an expanded Walmart we already have available in Ukiah. The
27 Grocery Outlet, for example, provides for lower prices. If you want other quality goods you can go
28 to some other supermarket. It is all available in our community. It is not necessary to cause an
29 exchange of jobs from higher paying jobs to lower paying jobs.
30
31 Martin Berenborn:
32 • Is the meat manager at Lucky's grocery store.
33 • Does not shop at Walmart.
34 • If you expand the grocery stores in this town, there are only so many people in this town and you
35 are going to be taking that business from somewhere. So to say we should not worry about losing
36 jobs is ridiculous.
37 • Appreciates the comments and thoughts on the EIR.
38 • Does not agree with all of the contents of the EIR, but is of the opinion the consultants do a very
39 good job of really looking at the issues/potential impacts and about analyzing what the
40 ramifications can be and whether or not the project is good for the community.
41
42 Milas Mascheck:
43 • Is a Walmart associate.
44 • Today in the name of all present and future associates, as well as countless thousands of Ukiah
45 Walmart customers, please be so kind and let our beautiful Ukiah have a good and prosperous
46 future with the expanded Ukiah Walmart.
47
48 Recess: 9:27 p.m.
49
50 Reconvene: 9:37 p.m.
51
52 Tom Reyes:
53 • A concern that has not been covered at all in any of the discussions is that of security for the
54 individual shoppers in the middle of the night. If the store operates 24-hours a day and the
55 landscape plan includes many trees this is not good security. Walmart does not have security in
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1 the parking lot. Adding a lot of trees is dangerous. Recommends revisiting the landscaping plan
2 as a security precaution for Walmart shoppers.
3 • Inquired whether or not Walmart will have security guards or cameras?
4
5 Martha:
6 • Has worked for Walmart for 18 years.
7 • Came from a foreign country and thanks to Walmart is able to build her home.
8 • I get paid; I have vacation time; I work 40 hours.
9 • Walmart is a good company to work for.
10 • Was able to take time for her son in school.
11 • Walmart customers tell her they are hopeful Walmart will become a supercenter soon.
12
13 Merrill Gertz:
14 • Has worked for Walmart stores for 12 years.
15 • Likes the improvement plans for the building.
16 • It is not true that Walmart only pays minimum wage.
17 • With any job a person starts at the bottom and works up. She has worked her way up the
18 employment opportunity level.
19 • Walmart provides for every advancement opportunity there.
20 • After losing his job of 18 years at age 50 tried to find a full-time job for three years. Even though
21 there is a federal law against discrimination of age, there is still discrimination.
22 • Does not make minimum wage.
23 • Husband had to retire.
24 • Has been able to purchase a home and has done everything everyone else has done.
25 • Does not understand why people who have never worked for Walmart make negative statements
26 about the matter of minimum wage and welfare.
27 • Walmart is a big corporation and they hire many people.
28 • With regard to the potential of Lucky's or Safeway closing, these are national corporations too
29 and go by different names in different states. At least Walmart is called Walmart in every state.
30 Walmart does not change its name.
31 • Is nervous about union membership.
32 • Husband worked in construction for 19 year and was a union member. Whenever there was a
33 strike, union dues had to be paid and he did not get paid a wage. There were also no benefits.
34 The union still got their money.
35 • I am anti-union.
36 • Supports the Walmart Expansion Project.
37 • There will be 85 new jobs created with the project.
38 • On the subject that the Walton family is making all this money and taking money away from the
39 community. Employees live in this community and spend their money here. Employees of
40 Walmart pay taxes too.
41 • If there is no money to make road improvements, maybe there would be if more people paid
42 taxes.
43
44 Robin Sunbeam:
45 • It may be Walmart is a good corporate citizen with all the comments made tonight about how
46 happy and how good their jobs are at Walmart.
47 • It appears we have a sustainable balance between the grocery stores that we have. Let us not
48 forget this community has some smaller stores like the Calpella Superette.
49 • Questions why Walmart needs to expand to get into another area of retail of food service when
50 we already have ample food service stores in Ukiah.
51 • One issue that has not been addressed is that of water and water use.
52 • Is cognizant that her wastewater fees have increased significantly and that the City's sewage
53 treatment plant was designed to serve only so many customers. Has the EIR addressed the
54 water and wastewater issues?
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • The reasons people pay lower prices is because they cannot get jobs since many jobs have been
2 off-shored to places where they have sweat shops and very low pay. In such places, there are no
3 environmental protections. These are why the products that are so cheap and can be found in
4 Walmart.
5 • `In the long run, paying to get rid of our local jobs is a race to the bottom.
6 • Supports leaving Walmart the way it is and not expand.
7
8 John McCowen: Provided the Commission with his letter which is incorporated herein and referenced as
9 Attachment 2.
10
11 • As referenced, the County of Mendocino has submitted a comment letter. In that letter the County
12 took the position the project did not make comments to some of the impacts.
13 • Is of the opinion the letter speaks for itself and will make no other comments in this regard.
14 • As an individual, I submitted a letter to the Notice of Preparation and do not think that all of those
15 comments were reflected in the discussion of the impacts and mitigations. One that I mentioned
16 was actually eliminating the grassy landscaping and even with the grassy swale. This is not the
17 most effective way to deal with the storm water runoff. Bio-swales from the rather skimpy
18 depiction that I saw would do more to filter out the pollution from the runoff and promote greater
19 infiltration to the groundwater. Once you have eliminated at least the majority of the grassy
20 landscaping, you have created a better environment to plant native species along the freeway
21 and the street frontages, such as Valley Oaks, Live Oaks, and Black Oaks. While they grow
22 slowly they will not grow more slowly than the Olive trees and in the long term will make a greater
23 statement about the City of Ukiah. These comments are assuming the project is approved.
24 • On another issue is the potential the project will attract an increased transient population, both
25 pedestrian and vehicle based that will be prone to illegal camping, panhandling, littering, loitering
26 and other associated negative behaviors that require the applicant appropriately post and enforce
27 the City of Ukiah camping and panhandling ordinances on their property and propose an
28 enforcement plan for the approval of the Ukiah Police Department.
29 • If you really want to be a visionary you would help deal with the increased housing impacts of any
30 major development such as this where there is a proposed euphemistically labeled discount
31 store, discount club and require onsite housing. This would be an excellent use for a second story
32 addition to many of these projects.
33
34 Mike Levy:
35 • Managed Albertson's and Lucky's for the past 22 years and is now retired.
36 • Lucky's Save Mart is a great company to work for.
37 • Lucky's pays union wages and has union benefits.
38 • Over the past 22 years every time a competitor has expanded or moved into town a piece of the
39 pie has gotten smaller and smaller.
40 • This community does not need any more grocery stores. This would certainly impact the
41 employees of other stores.
42 • If this expansion was not approved, it would not impact the Walmart employees. They would still
43 be employed.
44
45 Dan Steely:
46 • Has a history of working over 20 years in the grocery industry locally for two of our major
47 supermarkets in town.
48 • Has lived in Ukiah most of his life.
49 • Has seen Ukiah change over the years. Has seen many retail stores come and go. Sometimes it
50 was because the chain itself that went under and not because the store was local.
51 • Likes to walk around Ukiah. One of the biggest project issues is there are no sidewalks in front of
52 the Walmart store. Does not understand how the original store was approved without the
53 sidewalks.
54 • Other concerns include the lack of bicycle lanes and crosswalks in the area.
55 • Is aware MTA had a difficult time trying to get the bus stop located near Walmart.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
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1 • Noticed in the new plan with Walmart that the aforementioned issues have all been addressed.
2 • Views the expansion project as a chance to fix some wrongs or things that were not done
3 correctly. You just have to make certain these wrongs are corrected.
4 • Primary concern has been with the parking area of Walmart, which will be a plus with the
5 expansion.
6 • Walmart does serve a segment of the community through employees and customers that the
7 other stores do not. It is like Lucky's has an excellent reputation in town for its fish market. They
8 serve a segment of the community that other stores do not.Walmart is able to serve a segment of
9 our community through a variety of inerchandise that no other store in Ukiah can serve. Many
10 times Walmart carries merchandise that he cannot get at other stores.
11 • My point is Walmart is here. The expansion is a chance to fix some issues that were not properly
12 addressed when the store was initially approved.
13
14 Chair Pruden: Advised Mr. Gurbeon that he had already commented and did not want to entertain
15 rebuttals to comments at this public hearing.
16
17 Steve Scalmanini:
18 • Is hopeful whatever trees are planted they are maintained such that 15 years from now they are
19 not the same lollipop look we have today. Apparently, these trees were not taken care of and
20 does not know if they will be taken care of in the next round either if this project is approved.
21 • There has been discussion about the tax sharing agreement. City Council is clearly on record
22 through the last several years on the tax sharing agreement.
23 • Is not aware of any direction given to staff or the Commission to include whatever happens with
24 the Walmart project relative to a retroactive inclusion in the eventual tax sharing agreement.
25 • The stage is set for the City to double-cross the County if they do not do that because it was the
26 City asking the County two years ago to not approve the zoning change at the Masonite Plant site
27 for sake of maintaining retail growth in the City and the County's benefit of that would be through
28 the tax sharing agreement. This agreement does not exist yet nor has he heard there is any
29 direction to include it retroactively.
30
31 Chair Pruden: The tax sharing agreement issue may come up and staff can provide a status report.
32
33 Steve Scalmanini:
34 • Has concern about the issue of local economics.
35 • Referred to his letter dated December 12, 2011 with attachments that talks about the economic
36 situation.
37
38 This aforementioned letter is incorporated herein and referenced as Attachment 3.
39
40 Steve Scalmanini:
41 • In this letter is a report that was done and not part of the EIR but created around the same
42 timeframe about the alleged economic benefits to the general fund of the City from the project.
43 The document is erroneous. The document says that up to 75°/o of the tax benefits from the
44 project are already coming to the City because of the 75% of the business that the project would
45 bring in is business already in the City. So those tax benefits are not new tax benefits because
46 they already exist. It is the 25°/o left over that will be taken from the County. It may be a short bit
47 of that would come from outside the County. Believes it was a 15% figure that was quoted as
48 revenues from travelers and perhaps people coming from Lake County, maybe Cloverdale.
49 Nonetheless, when you use that 25°/a figure which would be the new revenue, the numbers for
50 the revenue left over to pay for the police and such is drastically lower. In the document using the
51 figures that was quoted the dollar value left is a benefit to the City on annual basis is$54.
52 • The concern is the revenue supposedly generated nowhere offsets the cost of police services
53 and the tax assessments that fall on residential properties that are near the stores that are going
54 to close.
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Page 28
1 • There is documentation in the historical record of tax revenues and assessed values of properties
2 near shopping centers that shrink or close that have vacant space that cannot be filled as those
3 values drop. This factor has not been considered for the project.
4 • The last concern is traffic. It is the fundamental duty of the Planning Commission, staff and the
5 City Council to provide for public safety as one of the top priorities here. Right now the stage is
6 set if the project goes through that public safety will be worsened at the intersection of 101 and
7 Talmage Road and at Talmage and Airport Park Boulevard. The potential for backup on the
8 freeway is the worst concern. Questions how a project can be approved in this situation. The
9 decision makers have a duty of responsibility to require an in-depth look at what an appropriate
10 solution would be to this identified and unmitiageable problem and to estimate the costs, look at
11 possible solutions and select one if it is in fact a solution agreeable to Caltrans and require the
12 applicant pay their fair share of that. Until that time, the project should not be approved.
13
14 Diane Durham:
15 • Feels compelled to give some perspective on the numbers that were provided this evening.
16 • In 2010, Walmart garnered 408 billion dollars in sales. This may be the reason people are
17 opposed to the project. Figures like that are not easily comprehensible.
18 • Has done the math, if you were to count seconds, one, two, three, four, it would take you 11 days
19 to count to one million. It would take 32 years to count to one billion and would say that any
20 corporation that grosses 408 billion dollars in one year ought to be able to pay all of its workers,
21 not just some, but everyone of its employees a very good living wage and provide excellent
22 benefits and pay for whatever it would take to do whatever its employees wanted.
23 • No Walmart employee should ever have to ask the County for assistance.
24 • No Walmart employee should not be able to pay for their health care with the kind of money that
25 this corporation makes. It is unconscionable that such a corporation does not provide excellent
26 pay and excellent benefits for its workers and is sorry Walmart wants to expand in our
27 community.
28
29 PUBLIC HEARING CLOSED: 10:09 p.m.
30
31 Chair Pruden: Advised again the Commission will not be taking action on the Site Development Permit
32 or the Statement of Overriding Considerations, but we will be giving direction to staff.
33
34 Commission Whetzel: Is disappointed in a couple of speakers in their personal attacks on individuals
35 and wanted to make this known.
36
37 Planning Director Stump:
38 • There have been some comments about wanting an independent study or traffic study done. The
39 traffic study done is in the EIR. It was an independent study as is the entire EIR.
40 • The consultants were contracted with the City. They are not City staff. They were not paid by
41 Walmart. They are completely independent. The whole purpose of getting a good EIR is to get an
42 independent third party to come in and do an analysis.
43 • The Traffic study is completely an independent study. It does identify as many speakers alluded
44 to that there is going to be some significant traffic impacts if this project and full buildout of the
45 Airport Industrial Park occurs. However, it does indicate there is mitigation and tells us a solution,
46 i.e., a full solution and a second solution.
47 • The City is currently developing engineered estimates for the cost of two potential mitigations.We
48 are determining what it is going to cost so that if the project were to move forward or any project
49 in the industrial park, the City would know what the cost would be and what the potential fair
50 share of all development that would occur would be and what the City might be able to contribute.
51 • The City is also exploring funding options for the City's end of things and there very likely may be
52 Redevelopment Agency money available to contribute to solving the traffic problem. Of course,
53 everyone is awaiting the outcome of the fate of the redevelopment agencies in California, but
54 there is potential funding, along with development contributions to fund the traffic mitigations for
55 buildout of the Airport Industrial Park.
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Page 29
1 • There is a potential solution there. It is not there right now. The City does not have funding for the
2 project and does not know exactly what it is going to cost and it is not included in the City's
3 Capital Improvement Program.
4 • If we get detailed cost estimates, in which we would receive the cost estimates and if we are able
5 to identify funding sources, the City likely will consider adding the projects to its Capital
6 Improvement Program, identify that funding and be able to facilitate and work with the developer's
7 contributions and have those mitigations in place when the developments occur.
8
9 Chair Pruden:
10 • Commissioner Sanders voted `no' on the certification of the EIR because of the urban decay
11 chapter. She did not take issue with any of the other chapters nor did she identify or ask any
12 issues about conflict of interest with any other sections that were prepared or the consultant that
13 prepared them. She had very specific concerns about one section that needs clarification.
14 • Commented on the issue of traffic and is of the opinion the traffic study was very much an
15 independent study.
16 • Asked staff to provide direction as to what staff needs from the Commission.
17
18 Senior Planner Jordan: Recommended if the Commission has further questions, ask these questions of
19 the EIR, Traffic, and Urban Decay consultants since they are present to answer questions.
20
21 Chair Pruden: Questioned who contracted to produce the General Fund Fiscal Impact Analysis put out
22 by CBRE Consulting?Was this part of the ESA contract or was this done separately?
23
24 Planning Director Stump: This was a subcontract with ESA.
25
26 Commissioner Sanders: How long will it take to get an engineering estimate? What about the
27 redevelopment possibility of assistance with road improvements?
28
29 Planning Director Stump:
30 • Is working on getting the information about the engineering estimate.
31 • The State Supreme Court has indicated they will make a decision about Redevelopment
32 Agencies by January 15, 2012.
33
34 Commissioner poble: Asked Traffic Consultant Steve Weinberger about safety with respect to the
35 queuing of traffic relevant to the southbound traffic and the off-ramp and whether it is based on full
36 buildout of the Park in addition to the expansion of the project?
37
38 Steve Weinberger: It is based on all those things. We did several scenarios from existing with this
39 expansion, existing with other approved projects in the area, that with expansion, future traffic projections
40 25 years out, that with and without the expansion and then those with and without the discount club
41 Costco use as well. It was the full range.
42
43 Commissioner poble: Requested clarification there was a model that represented today's conditions
44 with just the expansion of Walmart and possibly the addition of Costco?
45
46 Steve Weinberger: We did consider a short-term condition with just expansion.
47
48 Commissioner poble: In any of those scenarios do you feel it poses a significant safety issue?We have
49 heard several comments about cars coming down 101 and having to stop and accidents occurring.
50
51 Steve Weinberger: In our analysis of the queuing on that ramp, we identified a threshold of significance
52 and that threshold was not the point at which it starts spilling out onto the freeway. From Talmage to the
53 point at which the two ramps split is 600 feet. So if cars are backed up at Talmage 600 feet and then start
54 going beyond that, vehicles that split off and use the loop ramp would start to be blocked. Beyond that
55 600 feet there is another 570 feet before you reach the point that now you are interFacing with the
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 30
1 freeway. We set 600 feet as the threshold of significance for the off-ramp, because once it starts spilling
2 over that it would start blocking the other ramp. So in terms of safety, the conditions spilling out onto the
3 freeway is a much more significant safety issue than blocking traffic that is coming off the off-ramp and
4 slowing already versus traffic on the freeway.
5
6 Commissioner poble: Beyond that level of significance at what point through your study did it get
7 beyond that?
8
9 Steve Weinberger:
10 • At what point does the traffic projection show traffic backing onto the freeway as the more
11 significant safety issue. It is actually not conditions now with the expansion by itself. It is
12 essentially everything after that and there is obviously a transition point. It is the queuing
13 conditions that are based on the worst five-minute period of that worst p.m. peak hour of the day.
14 • We took a conservative but appropriate look at the queuing issue in terms of safety.
15 • The impacts onto the freeway during that worst five minutes would not necessarily occur `now'
16 with the expansion, but starts by adding any other development at the Airport Business Park.
17 Anything else, any other development that is going to generate trips on that ramp, less than the
18 size of the expansion project, will start getting onto the issue of now you are approaching spilling
19 onto the freeway.
20
21 Commissioner poble: With regard to the factor of trip generation, is it more related to the square
22 footage in the expansion or is there and/or what gives more weight, the 24-hours or the expansion and is
23 there a difference?
24
25 Steve Weinberger: The trip generation estimates are based on the square footage of the use. That is
26 not to say that 24-hour versus non 24-hour use is going to affect the trip generation because it may. We
27 can only go by published data that is available and for this type of use it does not specify whether that it is
28 24 hours or not. Given two uses that offer the same amount of products are located in the same location
29 and one is open 24 hours a day and one is not, in his mind the one that is open 24 hours a day the traffic
30 gets spread off the peak slightly.
31
32 Commissioner poble: Is the peak hour actually within its current operating hours of the business?
33
34 Steve Weinberger: In any case, the peak hour is going, the peak hour out on the street which is that
35 4:00, 5:00, 4:30 to 5:30 period.
36
37 Commissioner Sanders: Asked for information concerning roundabouts and signaling relative to the
38 traffic analysis and comments made from ESA in Attachment 4.
39
40 Steve Weinberger: We developed three alternatives that were seen as ones that potentially mitigate the
41 impacts. Two of them involve roundabouts and one of them as a signalized intersection at the ramp. And
42 that alternative, the one with signals at the ramp was going to create additional queuing impacts on
43 Talmage that it could not serve in addition to then creating queuing on the ramps itself. We actually
44 evaluated and determined that mitigation plan would not fully mitigate all the traffic impacts we were
45 looking at. The two roundabout options did and the reason why in some cases, like this case the
46 roundabouts generally are able to create shorter queues than traffic signals is traffic signals have to stop
47 one direction of travel to serve the other. You have to stop and go up whereas the roundabouts are able
48 to serve multi-approaches simultaneously and then it is a moving queue. We found not in all cases but in
49 certain cases and this is a good example, where the roundabouts can work with less queuing storage
50 space than the traffic signal does, especially in a closely spaced situation. We found problems with the
51 signal alternative.
52
53 City Attorney Rapport: Requested clarification if the aforementioned discussion concerned the
54 expansion.
55
56 Steve Weinberger: Confirmed he was referring to the expansion of Walmart.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 31
1
2 Chair Pruden: Asked about Costco taking exception to the traffic model and used some different figures.
3
4 Steve Weinberger: At the time we completed the report, we received a letter like you did from Costco
5 and their traffic engineer saying the scenarios in which we evaluated the discount club or the Costco use
6 that we underestimated the traffic. The approach was to not call it a Costco, but rather a generic name, a
7 discount club use such that in the Trip General Manual, which is data we use to determine the amount of
8 traffic, they have a discount club use and there are rates and this is what was used to estimate the traffic.
9 Costco and their traffic engineers are apparently seeing at Costcos all over California in the terms of how
10 much traffic they generate. We were not privy to that information. We did not have that information so the
11 only thing published that we had was the Trip Generation Manual, which apparently has trip rates less
12 than what Costco is seeing at its own stores. But the projections that were done did not discount those in
13 terms of discounting trips that are already on the street. Any retail use that is being evaluated is
14 generating new traffic to the area as well as attracting traffic that is already traveling on the street, such
15 as Talmage Road and Airport Park Boulevard. What is typically done with regard to retail uses is to
16 determine how much total traffic is going to be at its driveways and then determine how much of this is
17 new to the area, which is what we call subtracting out pass-by trips. When we did our scenario in this EIR
18 for the discount club use, we used the standard rate, the only thing that was available to use and we did
19 not take any discounts from that. When Costco came forward with a letter, we understood we needed
20 more information. Within the last month, we have gotten a hold of their surveys and we are using those
21 surveys for the current Costco EIR we are working on. We have found they are correct that the amount of
22 traffic they generate on the driveways is more than what the manual says. But Costco has also surveyed
23 how much traffic in their stores is pass-by. So we have used their estimates for that as well and have
24 taken that discount. We have found the projections we used, which were undiscounted, standard rate
25 trips were very similar to Costco's higher rate trips, minus the discount. If you want to know the number
26 exactly, we estimated in and around 630 peak hour trips for the Draft EIR for the discounted use. Using
27 Costco's numbers that we have now it is 660 peak hour trips. It is less than 5% higher and is going to
28 produce very similar results.
29
30 Chair Pruden: Do the numbers for the Costco traffic analysis appear to be higher?
31
32 Steve Weinberger: Less than 5°/a. We were dealing also with different square footages of the store we
33 assumed in this Walmart Expansion Draft EIR. Is of the opinion some of the details were lost in the types
34 of comments. They did not look at the fact that we did not discount their numbers. The bottom line was
35 looked at compared to Costco's trip rate, but if you actually look at the bottom line we were very close
36 without having the necessary data.
37
38 Chair Pruden: Found the Memorandum that ESA provided regarding comments to the Draft EIR
39 (Attachment 4) to be very helpful and noted the attachment also has a lot of supporting documentation
40 and information that will be helpful for the Site Development Permit, particularly the landscaping
41 information.
42
43 Commissioner Sanders: Is it possible to get an update on the tax-sharing agreement and would that
44 even be involved with this project in any way?
45
46 Planning Director Stump: The only thing I am aware of is the City and the County are continuing to
47 meet regularly and have met recently.
48
49 It was noted the tax-sharing agreement issue has been ongoing for a very long time.
50
51 Chair Pruden: Referred to Steve Scalmanini's letter dated December 12, 2011 and assumes the other
52 Commissioners feel the same as she in that he uses some different figures regard the fiscal economic
53 impact report from what is stated. In this letter he stated the CBRE Economic Impact Report was not
54 properly calculated. Inquired if there is a way to find out whether CBRE miscalculated or that Mr.
55 Scalmanini's figures are correct? Noted there is quite a differential, but does not know how the figures are
56 calculated.
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Page 32
1
2 Senior Planner Jordan: Advised Amy Herman has not seen that letter. It was received at the time the
3 packet went out so there is really no way to answer this question at this time.
4
5 Commissioner Brenner: Regarding the projections for the possible gain, did that account for the loss of
6 possible stores, or was that just feasible gain with the expansion that would happen?
7
8 Amy Herman: Noted there is a section in the report where we look at the gross sales tax revenues from
9 the expansion and then we looked at the net. So we have made the assumption about what percentage
10 of the diverted sales that were estimated in the Economic Impact Study would come from Ukiah stores
11 because the focus is on Ukiah revenue. We did take a look at what the net would be.With that said, in the
12 course of doing these studies there is several iterations of studies and is not sure if she currently has
13 them in her possession. There may be some slight discrepancies in them in terms of dollars diverted, but
14 they are minor and as different iterations of the report came through in terms of economic impact, is not
15 100 percent sure we always track those changes in the fiscal study. There might be some minor variation
16 in the numbers cited in the fiscal study relative to the economic impact, but they are minor and they would
17 not substantially change that bottom line estimate in the study about the net sales tax revenues in the
18 City. There is an area in the document where we looked at the net. For property tax no net was taken out,
19 for other revenues we did. It was purely sales tax revenues.
20
21 Chair Pruden: Regarding Attachment 5 (letter to ESA from ALH Urban & Regional Economics dated
22 December 7, 2011) inquired as to the meaning of the term `agglomeration economics that is used several
23 time in the document.
24
25 Amy Herman: Was citing the sources so will give her best interpretation. It has to do with agglomeration
26 economies. As more and more companies band together, it is about how they impact the economy. It is a
27 generalized economic term. The intent was not to lose in translation what those resources said so their
28 language was used in the document. There are economic websites that have this information.
29
30 Commissioner poble: Requested clarification, one of the commenters addressed the project
31 alternatives not the alternative that is no project but one of the alternatives that does not require a
32 statement of overriding conditions and is this correct?
33
34 Brian Grattidge: No, that is not correct. Because as was properly pointed out, it reduces several
35 potentially significant impacts. It does not completely eliminate the cumulative traffic impact, which would
36 be the subject of one of the significant and unavoidable impacts.
37
38 Commissioner poble: Asked staff to talk to the engineering staff to get an idea for the Commission as to
39 what percentage/proportionate share would be fair for this expansion. Let us say there is a project and a
40 proportionate share is on the table; what percentage are we talking about? Not dollar figures, but just in
41 percentage.
42
43 Planning Director Stump: We will do our best to get that information.
44
45 Chair Pruden: Currently Walmart is assigned about $17,000. We are probably looking at the larger
46 picture.
47
48 Commissioner poble: Based upon the percentage of expansion a percentage of fair share will be
49 derived.
50
51 There was discussion about continuing the Planning Commission comments on the Site Development
52 Permit, the landscaping modifications and the Statement of Overriding Considerations. It may be the
53 Commission should delay the meeting until more is heard about possible redevelopment funds.
54
55 City Attorney Rapport addressed the redevelopment agency issue as to whether or not the State will
56 allow California cities to have a Redevelopment Agency.
MINUTES OF THE PLANNING COMMISSION December 14, 2011
Page 33
1 • There are two different bills, AB 1x26 and AB 1x27 one of which eliminates redevelopment and
2 the other one allows cities to continue, but they have to make a payment to the State. The Court
3 could strike down or uphold one or both bills. With any of those options either redevelopment will
4 go away or it could survive at some point. If it survives including receiving continuing share of tax
5 increment it would be not as much as if AB 1x26 were upheld, but AB 1x27 would allow the
6 Redevelopment Agency to continue even though it would not have as much tax increment money
7 available to it in the future as it would have had if those bills had not passed.
8
9 Commissioner poble: Given this project's EIR is deemed certified. Is there a permit streamlining issue
10 with that? Is there a timeframe we have to have an idea about?
11
12 City Attorney Rapport: Has no knowledge about the Permit Streamlining Act (PSA) nor where the City
13 is in planning for this. The Supreme Court issued a stay and they stayed the implementation of both bills
14 or substantial portions of those bills and they indicated they would set new time deadlines, depending on
15 how they looked and depending on how the time deadlines worked in the legislation.
16
17 Chair Pruden: Is of the opinion the Commission should move forward regardless.
18
19 There was discussion how much redevelopment might be available for traffic improvements.
20
21 City Attorney Rapport:
22 • The Redevelopment Agency issued four million dollars worth of bonds in March. That money is
23 currently sitting in the bank. The Redevelopment Agency owns the property iYs proposing to sell
24 to Costco. There could be substantial money to redevelopment if it survives.
25 • If it does not survive, then you have to look at other ways to fund the improvements. There may
26 be some, but it would not be through redevelopment.
27
28 It was the consensus of the Planning Commission to continue the Walmart Expansion Site Development
29 Permit & Modification to Landscape Standards File no. 09-28-SPD-PC to the regular January 11, 2012
30 Planning Commission meeting.
31
32 10. PLANNING DIRECTOR'S REPORT
33 None.
34
35 11. PLANNING COMMISSIONERS' REPORT
36
37 12. ADJOURNMENT
38 There being no further business, the meeting adjourned at 10:48 p.m.
39
40
41 Cathy Elawadly, Recording Secretary
42
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