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HomeMy WebLinkAboutMin 08-12-92311 CItY OF UKIAH CITY COUNCIL MINUTES Regular Adjourned Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue August 12, 1992 The City Council convened in a regular adjourned meeting at 6:01 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..Right 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-Agenda Items No one 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 Talmaqe 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. including 740 off-street parking spaces, on-site vehicular circulation and ingress/egress driveways, loading 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 advised the public as to the procedures of conduct regarding this public hearing. He explained the proposed schedule begins with 1 hour for EIR Consultant and Staff presentations, then 1 hour for applicant's public presentations, then public testimony supporting the project for 1 hour, followed by public testimony opposing the project for 2 hours. He noted the applicant's presentation is considered part of the supporting testimony. He then explained the format for the continued meetings of August 13 and 14, 1992. · City Manager Charles Rough clarified issues raised in the last several weeks and explained the Downtown Master Plan an~ Revitalization efforts, the Economic Development Program currently underway, the 'General Plan Update and Revision process. He explained the staff recommendation for approval with conditions. 312 The Community Development Director reported on the discussion and actions of the Planning Commission at their hearings of July 22 - 24, 1992. Principal Planner, Robert Sawyer, explained the actions necessary for approval of this project and outlined the past history regarding the development and allowed uses within the Airport Industrial Park. He reported on the draft and final Environmental Impact Reports, mitigation measures and provided the staff analysis and recommendation for conditional approval. Mr. Leonard Charles, Consultant for the Environmental Impact Report (EIR) preparation, explained the role of an EIR and how the significant impacts are to be mitigated before approval. Council and Staff discussion ensued regarding the EIR wording. Don Wagner, a principal owner of Redwood Business Park, explained the history of his family in this area and the hi~tory of the land that is now the Redwood Business Park. He explained it is the iAtention of the owners to re-invest capital gains back into future developments within the Park. Gary Akerstrom, a principal owner of Redwood Business Park, explained the allowed uses and zoning of the Park pertaining to the General Plan. He noted with the current Downtown Revitalization efforts there will be jobs generated in specialty retail. He indicated that Ukiah needs this project to start other projects which will create more jobs. Myrna Oglesby, Attorney representing Wal-Mart, expressed her appreciation for staff's efforts and noted that Mike McClintock will address the expressed concerns regarding the Airport. She outlined California Environmental Quality Act (CEQA) findings for the Planned Development. She noted the last minute arrival of the letter from Cal Trans expressing some traffic concerns will be difficult to resolve by the end of these hearings, but will make every attempt to do so. She explained the reasons why the Montgomery Wards location is not a feasible alternative to Wal-Mart. She noted that over 4,000 signatures have been obtained on petitions that support the location of Wal-Mart in the Redwood Business Park, and she encouraged CoUncil to approve the project with the approved mitigations. · Larry Evinger, Wal-MartReal Estate Representative, stated that Wal-Mart is interested in attracting other businesses to this County, and will use funds and staff to assist the relocation of businesses to this area. He outlined Wal-Mart's commitments to the community with local business assistance programs, scholarships, and fund raising contributions. He addressed previously expressed concerns regarding a Colorado Wal-Mart, the proposed ozone affect, and profits leaving the area. Stuart Nyander, Project Engineer from BFW, Inc., presented the project improvements and summarized the project's conditions which mitigate specified impacts. Mike McClintock, Vice President of P&D Aviation, explained his firm was hired by Wal-Mart, as independent consultants, to address the Airport concerns expressed in the EIR. He noted that Cal Trans has concurred with their findings and Cal Trans has withdrawn their original concerns regarding the safety issue. He then proceeded to outline encroachment factors, length of runway, buffer zones, aircraft approache zones, future extension of the runway, Hastings Road, commercial airline use, and the need for an updated Airport Master Plan. Jack Tomasik, Regional and Urban Economist of Economic Strategies Group, presented slides and handouts regarding Reg. Adj. Mtg. August 12, 1992 Page 2 his study that addresses .the economic impact of a Wal-Mart Store in Ukiah. He expressed that the failures of downtown businesses in other parts of the country due to a Wal-Mart coming to town, are due to their inability to adjust their merchandise to complimentWal-Mart. He explained that Ukiah's downtown is not composed of general merchandising, and the current Downtown revitalization efforts are geared to niche markets with products not sold by Wal-Mart. He indicated that timber is Mendocino County's major market and although it is declining, retail sales are projected to increase. He commented that Mendocino County is not growing as fast as the rest of California. Recess - 8:29 p.m. Reconvened - 8:41 p.m. Mayor Schneiter announced that the public testimony portion of the meeting would now commence with supporting statements proceeding for one hour. Stgn Hildreth, 1550 Ruddick Cunnigham Road, stated he supports this project but as a neighbor to the low side of this development, He has concerns regarding water drainage from the site. He feels some more work needs to be done on th~ drainage from this area which joins his property. · Amos Moss, 1170 Sanford Ranch Road, commented that there are 9 to 10 "corporate" stores in Ukiah in which the profits leave the area and they sell foreign products, Wal-Mart makes every effort to sell American products and encouraged the Council to approve the project. Lynn Hoomalu, 915 So. Dora Avenue, noted she moved from Southern California 5 years ago for the quality of life offered here. She commented that to shop she has to leave the area and go to Santa Rosa. She indicated the parking in Downtown is difficult and she would shop at Wal-Mart if approved. She indicated that Ukiah has allowed other corporate stores to come in, so why not Wal-Mart. Bill R. Smith, 1265 South Dora Avenue, noted he has lived here 12 years and feels there will not be as much of an impact as is projected. The added tax revenue and overall effect will benefit the whole community. He noted he has seen other Wal-Mart stores in his trips through the State, and has seen the positive aspects. Ma~y Lindley, 3550 Donna Drive, noted she has lived in Ukiah for 45 years and. cares about the people and the valley. She stated we should not protect specific businesses, our children should be able to find jobs here in our community so that they don't have to move away, there are economic benefits of Wal-Mart coming, and people will be encouraged to shop here instead of in larger cities. She commented that successful businesses will keep being successful and feels that Ukiah will not degenerate. She requested Council approve the Planning Department's recommendations. Dick Howland, 49 Betty Street, addressed the current controversy of a large business coming to Ukiah and spoke of constitutional rights and urged Council to mitigate the impacts of this Wal-Mart store with no more delays for approval. Joe Wood, P.O. Box 598, Ukiah, noted he is an accountant with clients who could be affected whether or not Wal-Mart cones to Ukiah. He commented that he remembers how the community was originally upset with Retech starting many years ago, but it is well respected now. He feels there are va~id arguments on both sides of this issue, but this project is good planning and will be beneficial in the long run. · 313 Reg. Adj. Mtg. August 12, 1992 Page 3 314 Maggie Williamson, 159 Carolyn Street, stated she likes the idea of Wal-Mart heYe in Ukiah, as she shops other Wal-Mart Stores when she travels throughout the country. Norm Williamson, 159 Carolyn Street, commented he likes Wal-Mart Stores. He noted that he will still shop downtown as long as the service and prices are good, and indicated that the competition will be good for Ukiah, which will get better. Warren Liberty, 250 Washo Drive, stated Wal-Martis successful due to their efficiency and everyone will benefit from it. He indicated it was the efficient Japanese who made America become more efficient. He noted that jobs will be created and the overall effect of efficiency will be better for consumers. Rosalie Warble, 700 East Gobbi Street, stated that 1/3 of the community's population is composed of senior citizens on fixed incomes in addition to young families on welfare who could benefit from Wal-Mart. She indicated the City will derive more sales tax revenues, Wal-Mart will contribute to local charities, jobs will be created, and tourists will be encouraged to stop as they travel through the Highway 101 corridor. She urged Counci~ approve this project. Lee Kramer, 1900 Vichy Springs Road, Real Estate Broker and limited partner in property within the Airport Industrial Park, noted that this project has not been fast tracked as originally promised. He stated that this project is an allowed conditional use for retail land. He noted that economic impacts are not a valid issue within an Environmental Impact Report, only the physical impacts must be mitigated. He indicated air quality and traffic may be impacts, although he expressed concern as to how to determine factors in winter and summer cold starts of automobiles. He expressed concern for the safety and circulation of traffic for the Marlene and Betty Streets area. Terry Williams, 1101 Road D, Redwood Valley, stated he does not believe that a Wal-Mart Store in Ukiah will hurt small businesses or larger general merchandise stores. He commented that we should avoid the perception that we would like to keep outsiders out, and send the message that we want to grow, but are particular about the way we will grow. He .stated he would like to see the economy survive and see Wal-Mart come in. Dick Selzer, 234 Fairview, stated he feels that local small businesses will survive if Wal-Mart comes. He noted he would be embarrassed, as a Realtor, to ask the City to not allow another Real Estate business to start here in Ukiah. He commented that he has not seen any clean industries fighting to come to town these last four to five years, and would hope that Wal-Mart will be allowed to come to Ukiah, as it would be a benefit. Mayor Schneiter announced it is now time for the opponents public testimony. David Nelson, 106 N. School Street, stated that the Council is the final planning authority. He indicated that this is not a situation where the applicant has the right to develop. He stated that this is a request for a change in use from highway orientated commercial. He commented that freeway commercial is intended to receive revenue from highway travelers, not to take business from the rest of town. He stated that it is his hope to have small rural development for our valley and not large retail development. He 'feels that allowing Wal-Mart to develop at this site will prevent development-of industry within the park, as commercial retail use will raise land values. He urged Council to not allow Wal-Mart. Reg. Adj. Mtg. August 12, 1992 Page 4 315 JoPrn Milder, 296 Gardens Avenue, spokesperson for Citizens for Positive Growth, stated they desire positive good growth that provide good jobs for our children. He distributed copies of an article written by the Washington editor of Time magazine and noted his phone number for inquiry regarding Wal-Mart's impact on downtowns in the Midwest, noted Wal-Martdoes not give enough to local charities and scholarships, commented that if this large scale retail development is allowed, we will be discouraging the type of growth we really need. He stated we need clean environmentally sensitive businesses which could be easily marketed with our quality of life offered here. He urged Council to not approve this change of use of this site. Nancy Roca stated she yields her time to speak to Phyllis Curtis. Phyllis Curtis, 303 Deerwood Drive, read a letter from the owner of Multi-Media, a successful business owner who has relocated his business here in Ukiah from Silicon Valley, as,:to the reasons why he chose Ukiah and that he is trying to attract other similar businesses here. Dixie Britton, 756 So. Oak Street, read a letter that stated Ukiah's Downtown will die if Wal-Mart is allowed to develop. She noted ~hat Wal-Mart will change Ukiah and more jobs are needed not more shopping. Richard Winkler, 305 Crest View Drive, stated County tax revenue is down, full time jobs are being replaced with part time jobs which do not pay well or have benefits. He is opposed to the proposed location for a Wal-Mart, when a more valuable use for highway orientated property would bring more tourist dollars to our poor economy. He stated that he is opposed to urban sprawl and asked Council to not ignore the current General Plan. Adam Freeman, 2 Spanish Mountain, Ukiah, representative of Citizens for Adequate Review (CFAR), addressed the impact on air quality in this valley by this project. He stated there are many technical defects in this EIR and it does not adequately address air quality mitigation. He spoke of ozone precursors, 1988 air pollution levels, effects of ozone, and the role of the Air Quality Control Board. He stated that a log of pieces add up to a very big and bad cumulative effect. Gary Tanner, 1420 Knob Hill Rd #7, spokesperson for the Sierra Club, stated after due consideration to both sides of this matter, he opposes this project. He noted Wal-Mart has a history of turning downtowns into ghost towns throughout the USA. He stated increased traffic will affect the quality of our air in this valley. A1 Whitney, 735 Grove, stated that he has lived in Ukiah for 52 years, stated he is a stock holder in Wal-Mart, and provided mark up data. He commented that there exists a wholesale membership club within Wal-Mart, in which no sales tax is generated. Gary Clark, 480 Chablis Drive, stated this proposed store is the size of the whole Crossroads Shopping Center. He stated he has no problem with stores like Payless, Longs, and K-Mart, but this Wal-Mart store is a whole shopping center under one roof. Martin Bradley, 1 Lorraine Street, read a letter and expressed concern regarding the increased traffic and impact on,~.his neighborhood. He indicated he would like to improve this neighborhood and if this development creates problems for this neighborhood, the project should mitigate the problems. He suggested that offsite improvement fees could be used for curbs, gutters and sidewalks. He indicated he would like to see this location stay Highway Oriented Commercial, but if Council approves this project, then he requested mitigation of impacts to his neighborhood. Reg. Adj. Mtg. August 12, 1992 Page 5 316 Br~ce Richard, General Manager of Mendocino Transit Authority (MTA), 1385 ¥okayo Drive, stated it is his personal opinion that to manage growth in the next 20 years we need to handle the increase in traffic by increasing bus, bike and foot traffic. He commented that with all development, there comes congestion. He requested this building be moved to the front of the lot to put bike, bus and foot traffic on an equal level with vehicular traffic. Ann Kilkenney, 703 West Smith Street, owner of Mendocino Book Company, commented on the Chamber of Commerce survey regarding preference regarding Wal-Mart in Ukiah. She indicated she had conducted a phone survey of 29 business owners of which 22 opposed Wal-Mart, four were in favor, and three had no opinion. She indicated it is difficult for a business owner to express concerns as it may alienate customers. She noted this is a critical juncture for our community to maintain its sense of place and maintain our Downtown as a viable entity. Ma~y Ann Villwock, 308 South School Street, stated she is against this proposed change of use from highway oriented commercial. She commented that allowing a Wal-Mart store is a gamble to our economy and retail development next to th~ Airport will increase pressure on it. She urged Council to obtain additional Airport runway length before allowing the development. Marvin Trotter, 2400 Meadow Drive, stated he feels business in the downtown area will expire if this project is allowed. He noted that the economist stated 70% of Wal-Mart's business will come from other business. He commented that the jobs Wal-Martwill provide are only part-time and there has been no mention of the hourly wage they will pay. He stated he feels Ukiahcan do better than attracting a Wal-Mart. Betty Ball, Mendocino Environmental Center, 106 West Standley Street, stated there are omissions and insufficient information in the Final Enviromental Impact Report in the areas of full disclosure of potential cumulative impacts and cited CEQA Section 15355. She spoke to the matter of possible future surrounding retail development, creating more traffic and adverse air quality due to cumulative impacts. She stated the Airport safety section is inadequate and does not address concerns raised by the City of Ukiah Airport Commission and the future use and expansion of the Airport. She noted the EIR does address some economics wh$ch may affect physical changes to Downtown Ukiah, therefore CEQA does apply. She cited Citizens for Sensible Development in the Bishop area vs. County of Inyo. She cited p. 141 of the Draft EIRand disagrees with the response to their concerns on pages 98 and 99. She stated that subsequent adverse economic impact by Wal-Mart will lead to significant physical deterioration of Ukiah, and this should be addressed. She expressed concern about the report prepared by P&D Aviation, as contracted by Wal-Mart, and stated that this report was received after the legal public comment period and was not available for public review. She indicated they will be submitting further comments for the record, and feels that the EIR is inadequate and should not be certified. Sue Hunter, 1425 Knob Hill Road, stated she is an elementary school teacher. She stated she sees what happens to families when children's parents don't have jobs or just have minimum wage jobs. She commented that Ukiah needs light industry jobs and we need to project that image. She encouraged be%ter jobs for our children so they may stay in their hometown. Jo~n McCowen, P.O. Box 454, cited appendix J in the economic report noting' that Wal-Mart is a ruthless business competitor which could have a devastating effect on a stable or declining economy, such as what Ukiah has Reg. Adj. Mtg. August 12, 1992 Page 6 presently. He addressed loss of sales to outside the area, prfncipal impacts in Colorado communities after Wal-Mart opened new stores were in the areas of building materials, apparel and accessories, groceries and specialty stores, and cited an article appearing in Fortune magazine May 6, 1991. He noted that Ukiah is already a retail hub, and any sales leakages can be plugged. He indicated that we will see economic blight in our already existing retail shopping centers if we let Wal-Mart build here. Arlene Shippey, 43 Lorraine, urged the Council to not change the current designation to Retail. She noted her neighborhood is already seeing increased traffic on Waugh, and expressed concern about more traffic when signalization occurs on Orchard Avenue. She feels this will not occur if the zoning stays Highway Oriented Commercial. Linda Bailey, 891 Isola Way, urged Council to not redesignate the current zoning of this site. She noted that we do not need more consumption type businesses, that our economy needs more production type businesses. She feels the past decisions on this area's zoning were correct. Barbara McLean, 1737 Madrone Drive, noted she has lived in. Ukiah for 19 years, stated she drove around our community for an hour tod~y and cited 33 empty retail spaces she discovered. She expressed concern about ukiah at this point, much less when Wal-Mart comes to town. Robert Farnbach, 394 Hillcrest Avenue, expressed concern with the airport analysis by P & D Aviation being too late for consideration in the Final EIR, stated there is 5000 feet of paved runway at the Airport with FAA threshold limits, his concerns are new increased pressure for closure of the Airport due to new retail development in the neighboring Airport Park within the next 10 years. He asked Council to delay any development of this area until the adoption of the new general plan in 1993, with new public review at that time. Richard Bailey, 891 Isola Way, an economist who is currently a professor at U.C. Berkeley, commented there are conflicting opinions of the economists involved in this matter regarding net job loss as a result of Wal-Mart co~ing to Ukiah, negative impact to local firms which sell co~parable products to Wal-Mart's inventory, a discount retailer located at this site is not the best use of this land for generating economic growth for this area, and the re~ort stated this locale is a slow growth community. He noted the Wal-Mart Economist indicated the job loss will not be significant, retail leakages will be reduced by Wal-Mart with sales derived from business income from other market areas, retail economic growth is sound, and overall growth prospects for this area are strong. He closed by saying that economics is not a value free science and urged Council to look to the unbiased economic value in these two reports. Chuck Williams, 3 Betty Street, expressed concern about traffic in his neighborhood and encouraged possible closing of all traffic on the Talmage frontage road and connecting it to Waugh Lane, and widening and signalizing both ends of Waugh Lane. He stated that if Wal-Mart goes in he would like them to use native plants in their landscaping including Valley Oaks, and encourage the use of Wal-Mart's clean catch water from the roof to recreate the proper environment for Meadowfoam plant regrowth. Nancy Roca, 4000 McNab Ranch Rd., noted she has previously submitted a letter for the record, and referred to the 1992 Local Government Commission "Land Use Strategies for More Livable Places" seminar, and California State Universities Growth Management Consensus Project published in 1992. She noted that the local Government Commission states that all land use, zoning and variances in California 317 Reg. Adj. Mtg. August 12, 1992 Page 7 318 must conform and be consistent with the general plan. She expressed concern this project conflicts with Ukiah's General Plan, the revised General Plan Goals, Ukiah Redevelopment Report recommendations, the Planning Commission's decision, net sales tax figures, and scattered development waste of governmental services. She expressed concern with increased auto usage and costs to the community. She noted with a Wal-Mart, the costs to Ukiah are too great. Hugh Curtis, 3003 Deerwood Drive, read in part the letter from Carl Sassenrath President of Multi-media, Inc., Ukiah. This letter explained his business and the product produced here in Ukiah. He requested the Council to take great care with the shaping of future growth for Ukiah, as it has great potential for attracting and relocating good businesses. The Mayor explained the following speakers have indicated they have no position regarding this matter. Jean Molineaux, 421 N. Oak Street, attorney at Redwood Legal Assistance, expressed her opinion that Wal-Mart will increase the number of poor people in the county, due to the economic effects stated in the EIR. She stated the Ro~nert Park clerks make $4.50 to $5.50 per hour which will result in employed people making lower than the Federal poverty rate. She requested Council to mandate amelioration by Wal-Mart with $6.35 per hour minimum wage. She also requested that affordable housing should be provided for the increased working poor by mandating that Wal-Mart contribute $500,000 to the Redevelopment Low and Moderate Housing set aside fund, over a period of time. She also encouraged Council to mandate Wal-Mart to sign a first source hiring contract, to employ local people first. David Faulkner, Chief Administrative Officer, Mendocino Air Pollution Control District, noted the letter from Ms. Birtkens that he provided this morning to City staff has been discussed with the EIR Consultant, Leonard Charles. It is their opinion that it is not necessary to follow Ms. Birtkin's recommendations as it would require unnecessary detail leading to no conclusion that can't already be reached, with respect to air quality. This is already included in the record, with some additional findings to comply with CEQA guidelines. He offered some proposed mitigations. He spoke regarding California ambient air quality standards pertaining to ozone and related matters in the Ukiah Valley's current and future projections. He noted an air quality ozone monitoring station was installed in July of this year, to monitor the Ukiah Valley air quality. The public comment period ended at this time. Councilmember McMichael requested staff response to the Cal Trane letter submitted today. Councilmember Shoemaker requested a cost estimate to the proposed Cal Trane traffic project, north/south comparison alternatives regarding the Airport, analysis of how the Lorraine/Marlene Street barrier affects the neighborhood, cost estimate and traffic flow on Talmage if Wal-Mart is approved, net sales tax figure for sales lost in town. Councilmember McMichael stated he would like to see a cost estimate of Martin Bradley's proposal. Mayor Schneiter stated this concludes the business proposed for this regular adjourned me~ing, and ~djourned the megting at 11:28 p.m., to 6:00 p/m.~, August 73/, 1992, in the Council Chambers. /~~ ~/~' CC~IN.106 ~ ~~ . Ca%T~y M y CM E, City Clerk Reg. Adj. Mtg. August 12, 1992 Page 8