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Minutes 1977/09/06 3981 Gilroy, California September 6, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. ,"","~ Absent: Council Member: William E. Childers. - Consent Motion was made by Councilman Link seconded by Councilman Cunningham Calendar that the following items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, Stout and Goodrich. Absent: Council Member: Childers; Minutes Approved the Minutes of the Regular Council Meeting of August 15, 1977 ; March of Dimes and; Approved the March of Dimes Walkathon, Saturday, May 20, 1978; Claim- Edwards Denied a claim of Mr. R. J. Edwards. Bids re: Ti 11 age Tool Purchasing Agent Reinsch presented and explained a report of bids received for one (1) new deep tillage tool (ripper), recommending award of the low bid to Reclamation Machinery in the amount of $6,150.38. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the low bid of Reclamation Machinery be awarded in the amount of $6,150.38 as recommended. ~,,,..,,:;!iI Pub.Hear.re: The Mayor stated that it was the time and place scheduled for the Arcadia continued Public Hearing on a prezoning request of Arcadia Development for Develop- 68 acres located on the north side of Thomas Road and adjacent to Monterey ment Highway from Al-2.5 (County Agricultural) Zone to Rl (Single Family) Dis- trict. Councilman Stout declared himself absent from any discussion or action on the matter due to a conflict of interest in said prooerty. City Administrator Wood noted that Council certified the E.I.R. on August 15, 1977 and is required to decide whether or not same has an ad- verse effect on the Project. Councilman Cunningham noted that his concern is the flooding issue addressed in the Planning Commission report and concern whether the eleva- tion of the homes by approximately two (2) feet in the proposed project is sufficient mitigation of the flood condition as set forth by the Plan- ning Commission in their original report. Councilwoman Hughan noted that her concern is also with the flood condition and recommended that the levee north of the project be restudied and that a recommendation be forth coming that said levee be constructed south of Thomas Road to protect the entire area. Councilwoman Hughan sug- gested that the original Committee that made the recommendation regarding this levee be recalled. lik,-- ',P Discussion was had in regard to the proposed pads for the construc- tion in this particular project to be designed to a minimum of one (1) foot to 1. 2 feet above the hi gh curb and an addi ti ona 1 16" to 18" of foundati on above the pad. Mr. Triguiero, representing Ruth, Going & Curtis Engineers of the project noted that the pads and buildings would be situated such that the first floor living level would be a minimum of 18" above the high crown of the adjacent street which complies with the minimum standards of the Flood Insurance Administration in an area where sheet flooding is anticipated. Director of Public Works-City Engineer Hansen reported that at one time it was discussed that an interim levee be constructed to eliminate the 3982 need for a Corp. of Army Engineer Project in the area. He noted that it may be reasonable to recall the original Committee to determine if the area in question could be incorporated in the Corp. of Army Engineer Project since it was not included in the original recommendation of said Committee. Councilwoman Hughan noted that it is not her intention to delay this particular development but would like to see a committment that the City does some long term positive solution to alleviate flooding in the area, and not require mitigation measures for every project proposed and that can eventually be eliminated; that she would be satisfied to approve proposed projects if the City is protected by a long term solution even if it takes five (5) years. Council discussed the build-out schedule for this project. -- ,"""..-.46 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning request. Mr. Joseph Triguiero presented alternative proposals of the Corp. of Army Engineers for construction of the levee in the area. He further noted that legally flood insurance cannot be required until the Flood Hazard Boundary Map is revised to include this area, which map is current- ly being revised by the Corp. of Army Engineers. City Administrator Wood suggested that the Citizens' Advisory Com- mittee be reformed and study the possibility of extending the project at least 2,000 feet south of Thomas Road or to Route 101 to fully protect the area in question, the Industrial Park and other areas of the community. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the Public Hearing be closed. Motion was made by Councilwoman Hughan seconded by Councilman Cun- ningham and carried that the Citizens' Advisory Committee that originally studied and made recommendations as to building the Levee along Uvas Creek be reconstituted and that the City instruct them to pay particular atten- tion to flood control south of Thomas Road. - lt1iioiri!II Councilman Cunningham inquired of the time limit for the Committee to report back to the Council regarding their findings and recommendations. City Administrator Wood noted that it would have to be soon as fund- ing of the project somewhere west of Miller Avenue to Thomas Road is now before Congress. Councilman Cunningham noted that he would approve the prezoning project if the pads are built at least 1811 above contour of the street. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that it would approve the prezoning request of Arcadia Develop- ment for 68 acres located on the north side of Thomas Road and adjacent to Monterey Highway from Al-2.5 to R1; further certified that with proper miti- gation measures there are no significant adverse effects in the environment. Motion was made by Councilman Link seconded by Councilman Pate and carried that an ordinance be introduced prezoning the request of Arcadia Development for 68 acres located on the north :side of Thomas Road and adja- cent to Monterey Highway for Al-2.5 to R1 to be published by title and sum- mary. .. Discussion was had on the Tentative Subdivision Map of Arcadia Dev- elopment, containing 262 lots. Planning Director Bedaux explained the nro- posed map. Director of Public Works-City Engineer Hansen reviewed the Thomas Road Bridge and street pattern in the development. The City Attor- ney noted that the Planning Commission recommended a build-out schedule policy. .... Motion was made by Councilman Pate seconded by Councilman Link that the tentative subdivision map of Arcadia Development as submitted be approved and that a build-out schedule of 50 units per year be set in accordance with the policy that was adopted at the August 15, 1977 regular Council Meeting and that same begin with the issuance of the first building permit, and that same does not apply with the model homes up to a total of five (5), plus the additional conditions set by the Planning Commission. Motion failed by the 3983 following vote: Ayes: Council Members: Link, Pate and Goodrich; Noes: Council Members: Cunningham and Hughan; Absent: Council Members: Childers and Stout. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Council reconsider the same previous motion. Councilman Cunningham voted "no" on the motion. Discussion was had in regard to the Council policy on build-out sch- edules. - Motion was made by Councilman Pate seconded by Councilman Link and carried that the tentative subdivision map of Arcadia Development as sub- mitted be approved with a build-out schedule attached of a maximum of 50 units per year to begin with issuance of the first building permit; further that model homes do not apply up to five (5) and to include all other con- ditions recommended by the Planning Commission. Councilman Cunningham voted IIno" on the motion. Fi 1 bros Dev.Co. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Filbros Development Company on 20.49 acres located north of Thomas Road, south of Tenth Street, and the terminus of Princevalle Street from IZ to Rl, R2 and R3. He further noted that since the Planning Commission did not have a meeting on September 1, 1977 and has not made a recommendation on this request and suggests that Council continue the Public Hearing to October 3, 1977. He asked if there was anyone in the audience wishing to speak on the matter that was unable to attend a continued Public Hearing of October 3, 1977. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing on the rezoning request of Filbros Develop- ment Company on 20.49 acres located north of Thomas Road, south of Tenth Street, and the terminus of Princevalle Street be continued to October 3, 1977 . 1>">"''''' ~ Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Private Public Hearing to consider allowing the Police Department to enforce certain Lots & specific traffic laws on private property and streets in the City Limits. Streets Police Chief Laizure presented and explained a report on same. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Eli Reinhard, President of Aracdia Development Company addressed the Council requesting enforcement of specific traffic laws on private pro- perty such as stock piles of proposed land development. Mr. Reinhard was informed that this particular problem could not be covered under private parking lot property and private streets under discussion at this time. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Attorney be instructed to prepare resolutions cover- ing specific private parking lots and private streets for consideration at the next Council meeting, since it was noted that the resolutions must con- tain a description of each separate property. Co.Lib.Com. A request of the Board of Supervisors' was noted for recommendation of the City on appointment to the County Library Commission. Council had no recommendation for said appointment. Flood Control A letter from the Santa Clara Valley Water District was noted in Zone Adv. regard to reappointment to the Flood Control Zone Advisory Committees. The Com. Mayor reappointed Councilman Link as representative on the South Flood Control Zone Advisory Committee and Councilwoman Hughan, Director of Public Works-City Engineer Hansen and Planning Director Bedaux as Alternates to said Committee. 3984 S.C. Valley A letter from the Santa Clara Valley Water District was noted re- Water questi ng a temporary trai 1 er permit at the entrance of Chri stmas Hi 11 Park Dist. on Miller Avenue. Trailer permit Motion was made by Councilman Pate seconded by Councilman Stout and carried that a temporary trailer permit be approved for the Santa Clara Valley Water District as requested. Arcadia Dev. A letter from Ruth & Going in regard to Arcadia Development Com- Build- pany Build-Out Schedule on the Yamanaka-Barberi Properties was noted that Out Sch. same had been discussed earlier this evening. ..... ... Water Recla- A letter from the Santa Clara Valley Water District was noted in mation regard to the State Health Departmentls requirements (Sec. 22) under the Proj. Water Re-Use Program. Mr. Lloyd Fowler, Santa Clara Valley Water District, addressed the Council and further explained same. It was noted that said reclaimed water could not be used at this time on the school site and at Christmas Hill Park; that when the treatment process is upgraded said water could be used at said sites, but that said upgrading is not expected to be accomplished from 18- 24 months. Build-Out Schedule L. M. Lyons A letter from Mr. Larry M. Lyons was noted in regard to the City's new policy in regard to sewerage allocation under build-out schedules for apartment house complexes in connection with a proposed project on the Pap- pani Property at Wren Avenue and First Street. Mr. Larry Lyons addressed the Council and further explained said project noting that the proposed apartment complex would be for one (1) bed- room and studio type apartments with single residents in some instances not- ing that said project would be for 144 units and requested that all units be allowed at one time. - Mr. Len Semas, assisting in acquisition of said oroperty addressed the Council and further explained the reasons for requesting a build-out schedule of 144 units at one time. He noted that the 144 units would be comprable to a normal 50 unit single family residence project. Council took no action on said build-out schedule at this time and informed the developers that the Planning Commission and Council would recom- mend a build-out schedule for same when the Tentative Map is submitted. _. SB 1081 The following items were noted with no separate discussion on same: Letter from Senator Alquist in regard to SB 1081; HCD Grant Fund I Staff Memo in regard to Hearing dates on Public Hearings on the HCD Grant Fund for the fourth year; ABAG Hearings Notice from ABAG on Regional Plan Hearings; Para- medics Servo Letter from Councilman Art Carmichael, Los Altos, in reqard to Para- medics service; and .. San Felipe Letter from Santa Clara Valley Water District supporting the re- Proj. design and rebidding the San Felipe Tunnel Project. .. Plan. Com. 9- 1- 77 It was noted that there is no report of the Planning Commission Meeting of September 1, 1977 as there was no quorum at said meeting. Personnel Com. 8-24-77 The Report of the Personnel Commission Meeting of Auqust 24, 1977 was noted. Gilroy Fire- City Administrator Wood presented and explained a report on a deci- man's sion of a petition of Writ of Mandate regarding the Gilroy Fireman's Associa- Asso. tion vs. the City of Gilroy. 3985 Disburse- The Report of Disbursements from July 1, 1977 through July 31, 1977 ments and from August 1, 1977 through August 31, 1977 were noted and discussed. Councilman Stout inquired of tuition paid for a supervisor attending two (2) colleges at the same time; inquiring if it were possible for the same per- son to attend two (2) different colleges and further noted by Staff that the budget allocation had been exceeded for this educational purpose. Housing Loan Prog. Rehab. A report on the proposed revision of the Housing Rehabilitation Loan Program was noted and further explained by Staff. Motion was made by Council- man Link seconded by Councilman Cunningham and carried that the revision for the proposed Housing Rehabilitation Loan Program as submitted be accepted. ";',..",,,,4 Fire Dept. A report from the Fire Chief on the barn fire involving oesticides report at the Rianda Ranch, south of Gilroy was noted. Council recommended that letters of appreciation be forwarded to Mr. Dave Sturla, E1Camino Crop Sup- ply and to Dr. T. Scott Laird and his Staff at Wheeler Hospital. Angle Park. Director of Public Works-City Engineer Hansen presented a recommen- Eigle- dation to provide angle parking on the east side of Eigleberry Street bet- berry ween First and Fourth Streets. St. Res.#77-58 Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 77-58 providing angle parking on the east side of Eigleberry Street between First and Fourth Streets be waived and that it be adopted. RESOLUTION NO. 77-58 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ANGLE PARKING WITHIN THE CITY. PASSED AND ADOPTED this 6th AYES: COUNCIL MEMBERS: ~~ ,,'<iJ NOES: ABSENT: lot COUNCIL MEMBERS: COUNCIL MEMBERS: day of September, 1977, by the following vote: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. None CHILDERS. Council took no action on recommended angle parking on Second Street between Monterey and Eigleberry Streets until the property owners are con- tacted in regard to said proposal. Signaliza- Director of Public Works-City Engineer Hansen presented a recom- tion-1st mendation to approve a Coopertive Agreement with the State of California for & West- the intersection signalization of First Street and Westwood Drive. Motion wood Dr. was made by Councilman Stout seconded by Councilman Link that the reading Res.#77- of Resolution No. 77-59 be waived and that it be adopted authorizing execu- 59 tion of the Cooperative Agreement with the State of California for the intersection signalization of First Street and Westwood Drive as presented. 'j,;,...... ..",,' RESOLUTION NO. 77-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF FIRST STREET AND WESTWOOD DRIVE AND AUTHORIZING ITS EXECUTION. PASSED AND ADOPTED this 6th day of September, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CHILDERS. St.Rt.152 Director of Public Works-City Engineer Hansen reported on the status of improvement of State Route 152 in the vicinity of the Gilroy Foods and Gentry Plants. Pub.Wks. Grant Proj. Director of Public Works-City Engineer Hansen presented a report on the status of Public Works' Grant Projects, noting that eight out of the nine applications had been approved and that the ninth application for construction of the Westwood Drive and First Street Traffic Light Signaliza- tion is expected at an early date. 3986 Fence Regu- Director of Public Works-City Engineer Hansen recommended revi- lations sion to the City Code as it pertains to fences. Discussion was had by Council on the matter. The Mayor requested that a survey of other cities in the County be made to determine their fence regulations and requirements prior to Council taking any action on same; further that the Director of Public Works-City Engineer present his recommendation to Council for approval. Master EIR Planning Director Bedaux requested authorization to prepare a Master Environmental Impact Report for the City. Discussion was had by Council on the matter. The Mayor requested Staff to obtain a survey from at least three (3) other cities that have a Master EIR, the length of time they have been operating under same and the cost of uP-dating such a report, prior to Council taking action on same. .... -- Agree.So.S.C. City Administrator Wood presented a report on a revised Aqree- Valley ment with the South Santa Clara Valley Water District on the water re-use Water Dist.program. Motion was made by Councilman Pate seconded by Councilman Link Water Re- and carried that the Agreement be approved and that the Mayor be authorized clamation to execute same on behalf of the City as recommended. Res.#77-60 Councilman Cunningham requested modifying the present resolution regarding the time limit for permitting outside watering within the City. Motion was made by Councilman Cunningham seconded by Councilman Link that the reading of Resolution No. 77-60 be waived and that it be adopted pro- hibiting outside watering between the hours of 8:00 a.m. and 6:00 p.m. RESOLUTION NO. 77-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING RESOLUTION NO. 77-31 AND AMENDING RESOLUTION NO. 77-16 REGULATING WATER USE. PASSED AND ADOPTED this 6th day of Sepbember, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CHILDERS. ...... .......... Pacheco Pass City Administrator Wood noted that an annexation application for Annex.77-7 "Pacheco Pass Annexation 77-7 to the City of Gilroyll (1. Berry property) had been filed with LAFCO for approval. Transition Zone pro- posal Housing City Administrator ~ood presented a letter from the Housing Auth- Auth.re: ority of Santa Clara County noting the need for low income and elderly low in- families housing in the City. He further noted that Housing Authority come & wished to discuss same with the City. The Mayor appointed Council Members: elderly Stout, Cunningham and Hughan as a Council Advisory Committee to discuss said fam.housing proposal of the Housing Authority. City Administrator Wood reported on the status of the Transition Zone proposal. Adjournment At 10:54 p.m. the Mayor adjourned the meeting. - - Gilroy, California Sentember 19, 1977