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HomeMy WebLinkAboutMin 08-13-92319 CITY OF UKIAH CITY COUNCIL MINUTES Regular Adjourned Meeting · CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue August 13, 1992 The City Council convened in a regular adjourned meeting at 6:02 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, Community Development Director Harris, City Engineer Beard, Principal Planner Sawyer, Environmental Impact Report Consultant Charles and City Attorney Rapport. 2. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1092.06 of the California Code of Civil Procedures regarding the appeal process. 3. Audience Comments on Non-Aqenda Items No ~ne came forward. PUBLIC HEARING a. Certification of the Final Environmental Impact Report for Planned Development Amendment Application No. 90-77 (as amended) and Site Development Permit Application No. 90-87 (as amended), as filed by the Redwood Business Park and Wal-Mart Stores, Inc., respectively, under the California Environmental Quality Act. b. Planned Development Amendment Application No. 90-77 (as amended), as filed by Redwood Business Park, to allow commercial retail uses in the "Highway Oriented Commercial" area (bounded by Talmage Road, U.S. Highway 101, Commerce Drive, and Airport Park Boulevard) of the Airport Industrial Park Planned Development. c. Site Development Permit Application No. 90-87 (as amended), as filed by Wal-Mart Stores, Inc., to construct. a 93,792 square foot (with a potential 30,000 square foot expansion) Wal-Mart Store includinq 740 off-street parking spaces, on-site vehicular circulation and ingress/eqress driveways, loadinq docks, perimeter and interior landscaping, and on-site signing. Subject site is located on the 14+ acres at the southeast corner of Airport Park Boulevard and Talmaqe Road, within the Airport Industrial Park, 1155 Airport Park Boulevard, Assessor's Parcel Nos. 180-070-23, 34, and 35, zoned P.D., Planned Development District. Mayor Schneiter outlined the procedures and process for tonight's meeting and noted that after the close of the Public Hearing tonight, there will be no further consideration of any written material received. The City Manager reported that staff will now address the previously expressed concerns of Council. The Principal Planner addressed the issues raised by the letter received from Ms. Bertram, and outlined proposed mitigations discussed and approved with the Mendocino Air Pollution Control District Chief Officer, Mr. Faulkner. Mr~ Leonard Charles, EIR Consultant, provided his response to the concerns expressed regarding air quality and Cal Trans concerns. He indicated that the Final Environmental Impact Report more than adequately addresses these matters and any concerns expressed after the legal timeframes for submittal of public response to the Draft and Final EIR, 32O do not require response, although staff wil 1 propose mitigation wording for Council approval. Discussion ensued regarding the model used for developing potential air pollution projections, time to conduct necessary studies, and the necessary database. The City Attorney advised Council regarding California Environmental Quality Act (CEQA) guidelines regarding significant adverse cumulative air quality impacts and proposed wording for compliance. The City Engineer presented his report regarding the proposed traffic and circulation patterns for the proposed project and surrounding areas. Discussion ensued regarding traffic counts, the new Highway 101 southbound exit, signalization and phases, timeframes, agreements, Betty and Lorraine Streets traffic relief plans, how to remedy future problems, Orchard Avenue extension, and Waugh Lane widening. Th9 City Engineer presented a report regarding the Ukiah Municipal Airport. He explained the possibilities for future expansion of the runway. Ma~or Schneiter announced that proponents testimony would now commence. ' Gary Akerstrom, Redwood Business Park, addressed the issues regarding Cal Trans proposals. He noted this proposed site has been zoned commercial and not industrial. He clarified the past history regarding the development of this park, his future expectations and peak traffic volumes. Stuart Nyander, Project Engineer, explained the proposal to extend the airport runway length without impact to Hastings Road. He referred to a letter from Mike McClintock, Vice President of P&D Aviation. Jack Tomasik, Economist for Economic Strategies Group, explained his firm is made up of independent consultants with their primary clients comprising the public sector, and noted their firm is not dependant upon Wal-Mart. He proceeded to present his economic analysis and rebuttal, regarding Wal-Mart's effect upon Ukiah. Discussion ensued regarding economic growth projections, inflation factors, total buildout, sales leakage figures, projected sales captured from inside and outside Ukiah, net job losses, and projec, ted retail sales figures. Recess - 8:02 p.m. Reconvened - 8:17 p.m. Mayor Schneiter explained the timeframes and procedures for applicants and public rebuttals. Lonnie Hirth, Vacaville Wal-Mart Store explained Wal-Mart employment philosophies. Manager, Mike Black, Vacaville Wal-Mart Assistant Manager, explained Wal-Mart employment benefits, part-time and full-time policies, and employment opportunities for Wal-Mart associates. Joanne Gonzalez, Zinfandel Drive, stated she is a Ukiah resident who is employed at the Wal-Mart Rohnert Park Store, and explained why she has chosen to drive 150 miles per day to work for Wal-Mart and still live in Ukiah. Richard Chabowski, Henderson Lane in Covel o, explained why he has chosen to work at the Rohnert Park Wal-Mart stQre. Reg. Adj. Mtg. August 13, 1992 Page 2 Larry Evinger, Wal-Mart Real Estate department, explained that the picture of Bethany, Missouri, previously used by John Milder, was taken on a Saturday when businesses were not open, as explained in a letter from the City's Mayor. He explained the projected wage scale and benefits for the Ukiah Wal-Mart store and cited several success stories. Myrna Oglesby, Attorney for Wal-Mart, stated this EIR is adequate and complete as per CEQA requirements, explained how this proposed project is appropriate for this site, traffic mitigations projects should be designed and installed quickly without delaying the opening of the store, noted the County Air Quality Control Officer is satisfied with the EIR and proposed mitigation wording, and summarized the actions required of Council to approve this project. Mayor Schneiter announced the proponents will have 30 minutes to speak and the opponents will have 1 hour 40 minutes to speak. David L. Sagehorn, 7001 Eastside Road, stated he is cohcerned about the future of our community as he owns a ranch 8 miles from Ukiah. He provided an analogy to cattle ranching regarding Ukiah's history of development. He encouraged Ukiah to let Wal-Mart come to Ukiah to keep retail sales in the area.. Lynn Wood, 1021 Lake Mendocino Drive, representing the SeniorCitizens Center, stated this group of senior's travel extensively, and they have visited 35 different Wal-Mart stores across America. She noted it is easier for seniors to shop at Wal-Mart. She noted that this group is excited about the possibility to be employed at Wal-Mart. Bob Kolsters, 499 Oak Knoll Road, retired, commented that he feels this is an appropriate development for this site and there are plenty of other Cities with vacant sites which would be happy to accommodate a new Wal-Mart store. Cola Kolsters, 499 Oak Knoll Road, commented that we should let Wal-Mart come in. Mary Lindley, 3550 Donna Drive, stated that unemployed people in our area are having to travel to Santa Rosa and Rohnert Park to find work. She noted that people are living on shoestring budgets in our community and Ukiah needs a Wal-Mart to bring more people here to shop all of Ukiah's businesses. Wayne Morrison, 144 Court' Street, noted that as of July 1, 1992, all refrigeration unit servicers, cannot release Freon into the air, and explained there is a $35,000 fine for noncompliance. He commented that the air quality is improving month by month due to better EPA requirements. Imogene Crofoot, 99 Rancho Grande, stated that in the last 40 years she has seen opposition by vocal minorities to sidewalks, one way streets, the Highway 101 by-pass, and lack of local health care. She noted the Airport Park has seen no business commitments, so we should let Wal-Mart come in, like we allowed other corporate stores. Ray Worster, 115 South Spring Street, stated he shops outside of Ukiah and would like to encourage better pedestrian crossings so he can walk to Wal-Mart. He noted his daughter lives in an Iowa Wal-Mart town and commented that the only thing affected after a Wal-Mart opens, is K-~art. He noted he still walks to and shops in businesses that provide good service. He feels Wal-Mart will be good for Ukiah. Don' Madden, 154 Gardens Avenue, noted he has lived here for 35 years, with 4 generations living in Mendocino County, 321 Reg. Adj. Mtg. August 13, 1992 Page 3 322 and feels a Wal-Mart store will provide employment to our children and seniors. No Uther proponents came forward. · Recess - 9:30 p.m. Reconvened - 9:38 p.m. Susan Brandt-Hawley, Attorney representing Mendocino Environmental Center, P.O. Box 309, Glen Ellen, stated that the current Ukiah general plan will be amended if this project is approved. She reviewed general plan policies regarding preserving the environment, prevention of urban sprawl, enhancement of the downtown core area, encouragement of centralization of the business community. She commented that this project will negatively affect the downtown, and she suggested if this project is approved, the wording in the general plan should be changed. She cited Government Code 65860, that projects consistent with the general plan must be approved. She commended Leonard Charles on the EIR, but noted problems associated with it are in the areas of new information which has surfaced and the restricted parameters of the EIR. She stated the cumulative impacts from retail development at this site need to~~. be more fully addressed in the EIR and this type of retail development should not be allowed. She also noted this new air pollution information submitted needs to be fur. ther studied, in order to determine the mitigation factors. She expressed concerns regarding condemnation proceedings for a privat~ development, the Airport report prepared by a private consultant hired by Wal-Mart, inadequate analysis of impact on Downtown Ukiah, Cal Trans's future changes are unknown at this time, and speculative economics. She requested a supplement to the EIR or deny the project. Councilmember McMichael noted that the State of California has accepted the report regarding the Airport as prepared by P&D Aviation. Kris Rasmussen, 140 South School Street, read a letter from Madeline Holtkamp, who could not be present. The letter objected to the Wal-Mart project due to lowering environmental quality and low paying jobs, increased traffic and air pollution, and an increase in working poor. She indicated that valuable land should be used for businesses which provide quality jobs and products. Adam Freeman, 3 Spanish Mountain, representative from Citizens for Adequate Review (CFAR), noted he wishes to rebut the recent proposal to make a finding that there is a significant adverse cumulative impact on regional air quality, and then make a statement of overriding considerations. He cited CEQA guideline Section 15130. He noted that CFAR has always been concerned about cumulative impacts and noted the law is very clear about this. He indicated that scientific data is needed and expressed concern regarding the scope of area, increased traffic, and ozone factors. He encouraged amendment of the EIR to determine problems before mitigations. He suggested conditional wording requiring Wal-Mart and all businesses coming to Ukiah, to guarantee there will be no net increase of air pollution. He advocated the protection of our valuable air quality. Richard Winkler, 305 Crestview Drive, stated the economic analysis is unrealistic and inadequate. He stated that Ukiah has the right to require Wal-Mart build a smaller store which could be located in a more appropriate site, north of Mervyn's, where there will be fewer impacts. He stated that there are other smaller Wal-Mart stores. He urged Council to address urban sprawl and scattered development. John Milder, 296 Gardens Avenue, representative of Citizens for Positive Growth, offered to yield some of his speaking Reg. Adj. Mtg. August 13, 1992 Page 4 323 time to Leonard Charles, for him to be able to address the Wal-Mart economic analysis. Council agreed to allow time, without imposing upon Mr. Milder's allotted time. · Mr. Milder continued by stating that allowing this change in zoning from highway oriented to commercial could cause the balance of this Park to develop as a retail center instead of as originally planned. He requested the developer to respond, for the record, as to what they have planned for the remaining development of the Park. He noted that Hugh Sidey, Senior Contributing Editor for Time Magazine, told him that his 8 months of researching this area revealed facts that he will be willing to discuss with anyone wishing to call him. He expressed concerns pertaining to Wal-Mart's deep discounting affecting businesses in the area from the coast to Lakeport, the current economic down turns, fixed retail consumption quantities, and his desire to see small to medium businesses locate here to provide good jobs, and not just retailing, for our children. Dixie Britton, 756 South Oak Street, expressed concern wi~h the opinion that downtown niche markets will be successful if the owners adjust to Wal-Mart's more efficient marketing. She offered her definitions of how Wal-Mart is more efficient. She urged Council to carefully address the air quality impacts. · Sue Hunter, 1425 Knob Hill Road, read a letter sent to Bob Runnings, who could not be here to read it, from Maria Marillo, a businesswoman in Rohnert Park. The letter stated that there were contractor and material liens filed against the Rohnert Park Wal-Mart project in excess of $1.7 million dollars during the time from August 30, 1991 to February 24, 1992. The letter noted that out of the 14 liens filed, only two were local. John McCowen, P.O. Box 454, submitted newspaper clippings regarding other areas impacted by Wal-Mart. He stated that the Ukiah downtown area will be further compromised by Wal-Mart. He commented that if Council does decide to al low a Wal-Mart, he noted that it should be located further south on Commerce Drive, to allow a Motel/Restaurant complex. He noted he submitted a letter today expressing his concerns regarding environmental, economic and traffic impacts. Chuck Williams, 3 Betty Street, offered his rebuttal to Mr. Akerstrom's statement that no one is beating on the door to .come into the Redwood Business Park. He cited past offers by various people and businesses to Mr. Akerstrom, with Mr. Akerstrom responses. He indicated it is his opinion that it appears Mr. Akerstrom is attempting to keep business out of the Park, in order to promote retail development. Neal Bell, 7070 Black Bart Trail, expressed his concerns regarding the size of this proposed Wal-Mart store being as large as a whole shopping center, and questioned the appropriateness of the site. Korla Buschbacher, 805 Waugh Lane, stated he is concerned over the lack of consideration of traffic on Waugh Lane. He stated that walking this street is risky, as it has become a short cut between Gobbi and Talmage Streets. He noted there are single family homes, low income apartments, senior housing, handicap apartments, moderate apartments, several auto repairs, a medical needs store, an electric motor repair, a gymnastic school, a cabinet shop, stQrage sheds, Roto Rooter, Hearing Aid Store, a medical testing lab, several other small businesses, solid waste hauler's office, termite control and soon a paint store in th~ same area. He stated this street is full and busy, along with a shopping cart accumulation problem. He stated that · Reg. Adj. Mtg. August 13, 1992 Page 5 324 Wal-Mart one block away will now add to this existing pr6blem. Pete Passof, 155 Deborah Court, expressed his concerns wit~n increased traffic impacting his neighborhood. He encouraged Ukiah to attract businesses that are compatible to Ukiah and it's values. He indicated that this community should join with the developer to provide an alternative to a Wal-Mart store. Govinda Dalton, 2117 Fish Rock Road, stated the list of effects and impacts of a Wal-Mart Store are too great. He noted that Wal-Mart could afford to set up a job security bank for lost jobs and an agreement to buy only American products. He encouraged the prohibition of selling products made with child and prison labor in Indonesia. He suggested an unwrapping location at Wal-Mart to reduce packaging waste, a possible percentage of gross sales to a fund for a light rail transport system, and a mandatory compensation fund to compensate for all losses from business closures, and a agreement that stipulates a percentage of profit or gross that cannot leave Ukiah, the County, or California. Maria Gilardin, 20117 Fish Rock Road, expressed her concerns with the economic report containing data provided by Wal-Mart, and that it is only current up to 1987, which is pre-recession. She stated that Wal-Mart stands to ma~e $23.5 million out of this community, and there will be losses to our friends an~ neighbors. She spoke to the vast fortune accumulated in a short time by the Waltons. Steve Ahl, P.O. Box 1478, explained a story of how Wal-Mart has parts made for it's products overseas, but assembled in America. He described what he saw in his recent trip to Midwest towns containing Wal-Mart stores. He feels that Ukiah will be affected by a Wal-Mart, and hopes that Ukiah will not allow this project. Judy Pruden, 304 South Hortense, stated she is opposed to amending a land use document, which will turn this industrial park into a shopping center. She urged Council and staff to give clear direction for type of future development it wants, and indicated the Planning Commission should be supported. Marvin Trotter, 2400 Meadow Drive, noted that Wal-Mart made $420 million in profits last quarter. He questioned the generosity of the Vacaville Wal-Mart store giving only $5~000 in scholarships for one year. He expressed concern with the discrepancies in the two economic reports regarding sales taken from local businesses. He stated we are in a state of a declining economy, and Wal-Mart should not be allowed. · Rosie Waring, 1961 Antler Road, read a letter to the newspaper editor from Deborah Harrington, a small specialty shop owner, stating that small businesses cannot purchase products as inexpensive as Wal-Mart can, therefore incurring smaller profits. They also donate more to the local economy. The letter expressed concern for loss of small businesses downtown. Bill Waring, 1961 Antler Rd, stated he drives Highway 101, to Talmage and into the Redwood Business Park almost daily. He noted this intersection needs careful attention. He expressed concern with the revitalization of Downtown, and the declining local economy. Hal Curtis, 1641 Wildwood Drive, commented that any decision Council makes regarding Wal-Mart, will not make everyone happy. He expressed concern regarding potential traffic gridlock, which will not make anyone happy. He noted that if our valley air quality is compromised, then no one will be happy. He urged Council to act with prudence and wait for a better project. Reg. Adj. Mtg. August 13, 1992 Page 6 Arleen Shippey, 43 Lorraine, read a letter from Francine Bearden, who resides on Manzanita. The letter repeated a conversation she had with a friend who lives in a small town in Nebraska in which a Wal-Mart store caused their downtown to become vacant, and with a friend from Sagamore Hills, Ohio who stated hDr community petitioned against a Wal-Mart coming to her town and were successful. Ms. Bearden expressed concern for preserving the quality of life in our Valley, and urged Council to not let Wal-Mart come in. Jean Molineaux, 421 N. Oak Street, Redwood Legal Assistance, expressed concern for low income families, of which Wal-Mart will employ many working poor. She reiterated the need for Wal-Mart to pay in-lieu fees of $500,000 for affordable housing for low and moderate income families, and to also incorporate this requirement in the new general plan. She also again requested agreements assuring that Wal-Mart will hire local people, and noted there are legal ways to do this. Mary Lindley, 3550 Donna Drive, expressed her appreciation to the Council and City staff, for their patience and courtesy extended throughout this hearing process. She explained that whatever the decision regarding this matter, th~s community should get on with their lives, and stop the divisiveness and direct our energy toward a positive effort of ~elping our community. Mayor Schneiter announced this ends the public testimony portion of this hearing. Recess - 11:08 p.m. Reconvened - 11:15 p.m. Council entered into discussion with staff and Leonard Charles. Consultant Leonard Charles, responded to expressed concerns regarding some inadequacy of the environmental impact report. He addressed the issues regarding air quality monitoring, standards, cumulative impact, ozone precursors, urbanist models used for developing baseline levels. He stated his belief that the EIR satisfactorily addressed all of the significant issues. Councilmember Shoemaker questioned whether this information would be useful to the community at a later date. Consultant Charles stated that these numbers could be useful, although it would be more appropriate to incorporate them into the general plan process. · The City Manager recommended that this matter be addressed as an additional part of the growth management/general plan revision process, although he pointed out, it will result in additional costs. It was the consensus of Council to not ask for additional numbers regarding Air Quality in the EIR. Councilmember Malone expressed concern regarding the visual impact of this project along a scenic corridor designated in the general plan. He indicated he desires to see architectural review for this site. Discussion ensued regarding information submitted after the finalization of the EIR. The City Attorney advised the EIR would only include other submitted information if so approved by Council in the approving Resolution. Councilmember McMichael stated that he would like some information from staff regarding the Cal Trans issue and whe. ther it is necessary to amend the general plan. Reg. Adj. Mtg. August 13, 1992 Page 7 325 326 Councilmember Shoemaker stated that he would like to assign costs to the applicant and the City regarding mitigations, and Waugh Avenue improvements. Mayor Schneiter noted he would like information regarding issues pertaining to neighborhood circulation, the Cal Trans proposal for the Highway 101 interchange at Talmage, ingress and egress traffic circulation around retail businesses located on Talmage, including UPS, Orchard Avenue extension feasibility and issues, left turn pockets and stacking issues, applicant up front funding with future reimbursement, transit, and Hastings Road. · The City Manager indicated that staff will have this information to the Council at its last and final portion of the hearing on August 14. ADJOURNMENT There being no at 12:11 a.m., CCMIN.107 further business, _×the meeting was to 6-30 p · . ~., ~u~ ~,~ ~ ~ ~. ~/ adjourned City Clerk Reg. Adj. Mtg. August 13, 1992 Page 8