Minutes 1980/07/07
4428
Ro 11 Ca 11
Intro. New
Employees
Res. #80-62
M. Hanna
Presenta-
tion
Minutes
Consent
Calendar
Minutes
Pub. Hear. re:
Dana Prop.
Pub.Hear. re:
Sec. 24.9
Zon. Ord.
Amendment
Dev. Agree.
re: Monocrete
Damage
Claims
Dev. Agree.
Dispatch
Properties
7th St. Imp.
Phase I
July 7, 1980
Gilroy, California
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The Regular ~1eeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:01 p.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and
Norman B. Goodrich.
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The Mayor introduced new employees: Steven Ford, HCD Grant
Coordinator, and Roman A. Martinez, HCD Administrative Aide.
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The t1ayor presented Reso 1 uti on No. 80-62 to t1i 1 dred Hanna,
Senior Citizens' Advisory Council, for her past and present services
with Senior Citizens.
Councilman Link noted that the June 16, 1980, Regular Council
Minutes have been corrected on Paqe 6 re: Sidewalk requirement of
Barnett-Range Project to be lIouts i dell the sound wall rather than
lIinsidell as noted.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried by the following Roll Gall Vote that the fOllowing
items under the Consent Calendar be adopted: Ayes: Counci 1 t1embers:
Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich.
Approved the Minutes of the Regular Council Meeting of June
16, 1980;
Set July 21, 1980, as a Dublic hearing date on a rezoning
request of Richard S. Harrison, Dana Properties, applicant, for
0.32 acres located at 178 Second Street from R3X (High-Density
Multiple-Residence) District to PO (Professional Office) District;
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Set July 21, 1980, as a public hearing on a Zoning Ordinance
Amendment initiated by the Planning Commission to Section 24.9
establishing new density limitation on R3 (Low-Density Multiple-
Family) District;
Approved a Deferred Development Agreement of Monocrete Prop.,
Ltd., an Australian Corp.;
Denied the following Damaqe Claims as recommended by the City
Administrator: Mr. John Dennis Garcia, Jr.; Ms. J. C. Marion; Mr.
R. Cordova; and Mr. Dennis J. Hofer;
Approved a Development Agreement pertaininq to Gilroy Dispatch
Properties;
Accepted improvements for Seventh Street Improvements (Phase I
Storm Drain in Chestnut Street) Project 1980-1;
Uvas Pk. Bikeway Accepted Improvements for Uvas Park Bikeway (Phase I) Project
Proj. 80-2 1980-2;
Uni on Oil &
Rui z Prop.
Minutes
Pub.Hear. re:
S.C.Housing
Authority
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Accepted Improvements for Monterey Highway, Union Oil and Ruiz
Properties Improvement; and
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Approved the Minutes of the Adjourned Regular Council Meeting
of June 30, 1980.
The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoninq request of County of Santa Clara Housing
Authority, applicant, on 6.1 acres located at the northeast corner of
Third Street and Wren Avenue from Rl (Single Family) District to R3 PUD
(Low-Density Multiple-Family) District and PUD design review.
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4429
Associate Planner Myer presented and explained the Staff Report
and Architectural and Site Control Report regarding same.
The City Clerk read a letter appealing the Negative Declaration,
signed by Edward Masini, et al.
The City Clerk read a petition in opposition to the zone changes.
A letter from HUD in regard to the proposed project was noted.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposed rezoning.
Mr. Marvin Bambura, A.I.A. for the proposed project, addressed
the Council and presented slides of similar County Housing projects
and further explained the proposed project. He further noted that the
applicant accepts all the conditions requested by the Planning Commission
with the exception of Item No.6 in regard to deletion of alley access
noting that same is no benefit to the community and will segment the
project.
Mr. John Burns, Director of the Santa Clara County Housing
Authority addressed the Council and further explained the financing for
the proposed project.
The Mayor asked if there was anyone in the audience wishing to
speak in opposition to the proposed project.
Mr. David V. Stout, registered voter and resident, addressed the
Council and noted that Council had previously committed the proposed
property to Rl at the time the Professional Office Zoning adjacent to
this property was approved.
Mr. Bob Saks, representing the neighborhood in the immediate area
of the proposed project, addressed the Council and requested a focused
EIR on the proposed property be completed for the following reasons:
a. Traffic Study in reference to Third and Wren Avenue inter-
section impact of the project in terms of the school across the street
and in terms of use of the alley.
b. Population. The affect of the area in terms of the people
living there and the immediate neighborhood.
c. Effect of the project upon existing public services (Recrea-
tion, Police Services, churches and shopping) in order to compare benefits
and availability with the proposed site and other sites for the project.
d. Esthetic Impact of the Project. Explore precisely how this
project is going to be maintained. The project design fails to meet
specific ordinance requirements relatively IIparkingll. The type of roof
is not proposed to be built to conform to other existing homes in the
neighborhood.
e. Public Controversy. He noted that the mere existence of
public controversy is independent sufficient grounds to require an EIR
referring to Section 05488C of the State EIR Guidelines.
Mr. Ben Pappani, Santa Theresa Drive, addressed the Council and
noted that the petition in opposition to the project was circulated in
the immediate area only; that additional signatures could be obtained
from resi dents in the Mi 11 er .Avenue, Eschenburg Dri ve, Dowdy Street,
and other areas of the City.
Mr. Bill Patterson, resident, addressed the Council noting that
he is in favor of a Senior Housing Project but that the proposed project
is not the quality of housing desired for this neighborhood.
The Mayor asked if there was anyone further in the audience
wishing to speak in opposition to the proposed project. There was no
further comment from anyone in the audience.
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4430
The Mayor asked if there was anyone in the audience wishing
to speak in favor of the proposed project.
Mr. Marvin Bamburg, AlA for the project, addressed the Coun-
cil and noted that this project would be a quality job; that the
elimination of carports is an esthetic matter, not limited funding.
He further noted that the Housing Authority has a fixed budget but
an adequate budget.
He further noted that application for this project met the
schedule set forth by the Planning Department and was not given pre-
ferential treatment; that an EIR was not required for a similar pro-
ject north of this project (Professional Office Center) and that a
focused EIR would be a gross waste of everyone's time.
Discussion was had in regard to alley access to the project.
Mr. John Burns, Director of the Santa Clara County Housing
Authority, addressed the Council in regard to financinq the project,
noting that funds for the project are estimated at $4,000,000.00
including land acquisition, construction costs, fees, etc.).
The Mayor asked if there was anyone further in the audience
wishing to speak in favor of the proposed project.
Mr. Darrell Shuck, representing himself, addressed the Council
and noted that he agrees with the location of this project which
conforms to the General Plan but requests additional study of the
density of the proposed project.
Ms. Petra Torres, low-income Senior, addressed the Council
and noted extreme need for low-income Senior projects.
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Mr. Joe Boland, resident of Gilroy, addressed the Council
and noted that this project would add to the density of the area
due to the several apartments already existing on Montebello Drive ...
and duplexes across the street from the proposed project.
Mrs. Mildred Hanna, addressed the Council and inquired as to
who governs the living conditions of a Senior project of this nature.
Mr. John Burns noted that same would be a joint cooperative
venture with HUD and the Housing Authority, but the actual living
conditions would be established by the Seniors living in the project.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposed project. There was no one further
in the audience that wished to speak on the matter.
Motion was made by Councilman Link seconded by Councilman
Taylor and carried that the Public Hearing be closed.
The City Attorney noted that Council would have to decide
whether the Initial Study was adequate and if the Negative Declara-
tion was justified and whether or not an EIR is required for the
project.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that the Initial Study be referred back to the
applicants for additional supplemental information in the following
specific areas: Public Services, Esthetic Impact to include mainten-
ance, up-keep and some information on the method of financing the
project; Signalization at the corner of Wren Avenue and Third Street;
Public Controversy (Itemizing controversy from this public hearing
and also deal with the question that public controversy is one of the
guidelines in a focused EIR), said supplemental information to the
Initial Study be continued to the August 4, 1980, regular Council
Meeting as to Council decision as to the adequacy of said Initial
Study.
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Pub. Hea r. re:
H. Suniga
Appeal
Res. #80-64
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Pub.Hear. re:
EIR & Tent.
Map-G.Coats
(Silacci &
Reeder)
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4431
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Council decision on the zoning matter of this
proposed project be continued to the August 4, 1980, regular Council
meeting and that the applicants be notified that Council has dis-satis-
faction with the alley access and would request new plans to indicate
an alternative plan for same.
At 10:40 p.m., the Mayor declared a Recess. Councilman Cunningham
left the Council Chambers and did not return.
At 10:50 p.m., the ~1ayor reconvened the meeting.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on an appeal of Hope Suniga re: Planning Commission's
denial of a rear yard variance at 6580 Princevalle Street.
Associate Planner ~1eyer presented and explained the Staff Report
on the matter.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter. There was no comment from anyone in
the audience.
The City Clerk noted that the applicant was notified of the
hearing as required by law and also forwarded a copy of this Agenda.
Motion was made by Councilman Link seconded by Councilwoman Hughan
and carried that the Public Hearing be closed.
Motion was made by Councilman Pate seconded by Councilwoman Hughan
that the reading of Resolution No. 80-64 be waived and that it be adopted
approving the Planning Commission's recommendation to deny on appeal said
variance.
RESOLUTION NO. 80-64
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL
RESOLUTION NO. 80-7 OF THE PLANNING COMMISSION DENYING A VARIANCE TO
REQUIRED REAR YARD SETBACK AT 6580 PRINCEVALLE STREET.
PASSED AND ADOPTED this 7th day of July, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
The Mayor stated that it was the time and place shceduled for a
Public Hearing to review the EIR and Tentative Map for a twenty-five (25)
acre Commercial/Industrial Subdivision fronting on the south side of
Highway 152 approximately 2,000 feet east of U. S. 101/Tenth Street
Interchange, Geary Coats, Coats Consulting, applicant.
Associate Planner Meyer presented and explained the Staff Report
on the matter including the environmental aspects of the project.
Director of Public Works-City Engineer Hansen explained the
signalization requirement at Brem Lane, noting that the developers would
be required to participate in the signalization required for development
in this area wherever the location of same might be.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Mr. Trevis Berry, addressed the Council noting that he was a
property owner adjacent to the subject property and that his property
is zoned industrial/commercial.
Motion was made by Councilman Link that the EIR for the project
be approved as being adequate. Motion died for lack of a second.
Councilwoman Hughan noted that the entire area should be studied
before the properties can be developed.
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Mr. Geary Coats, representing Silacci & Reeder, property
owners, addressed the Council and noted that Designs A, Band C
were prepared to provide ultimate circulation patterns of the area
and that his client would participate in any location of a required
traffic signal.
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Motion was made by Councilwoman Hughan that the draft EIR
is inadequate and that there is not sufficient mitigation for traffic
in the entire area. Motion died for lack of a second.
Further discussion was had on the matter.
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Motion was made by Councilman Link that the EIR is complete
with the six (6) recommendations of the Planning Commission with a ~
change in the first recommendation that the developers must partici-
pate in the cost of any signalization which serves the property on
152. Motion died for lack of a second.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the EIR be certified as being complete and that the
following mitigation measures as outlined by Staff be changed: (1)
the developers must participate in the cost of any signalization which
serves the property on 152; and add No.7; further studies of street
patterns in the whole area may be necessary; and the other mitigating
measures 2 through 6 remain as recommended. Councilwoman Hughan
voted "no" on the motion.
Associate Planner Meyer further explained the Tentative Map
of the proposed project.
Mr. Geary Coats addressed the Council and noted that the
applicant concurs with the Planning Commission and Staff recommenda-
tion in regard to internal circulation and favors Plan lie'. He
further noted that a full design of the project would require the
City to make a decision in regard to the location of the signaliza-
tion.
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The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
Mr. Trevis Berry addressed the Council noting that he is con-
cerned with the street patterns in Plan "C" and was not consulted as
to the affect of same on his property.
Director of Public Works-City Engineer Hansen noted that the
Storm Drain and Sanitary Sewer proposals would benefit all of the
properties in the area; that previously a proposed street pattern for
the subject property had been agreed upon by Trevis Berry and that
the plan has been revised since Mr. Berry was consulted. He further
noted that he would agree that a study of the traffic patterns in the
area is in order.
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Councilman Taylor declared himself absent in any further dis-
cussion or action on the matter due to his employment with Mr. Trevis
Berry.
Discussion was had by Council in regard to the Tentative Map.
~1oti on was made by Council man Pate seconded by Council man
Link and carried that this Public Hearing be continued to August 4,
1980, in order to allow time for the applicant to provide alternative
street patterns that would coincide with the proposed Tentative Map.
Director of Public Works-City Engineer Hansen requested that
the adjacent property owners be contacted by the applicants to
attempt to receive their approval of a street pattern for the subject
property.
Councilwoman Albert inquired if Staff was directed to study
the entire 113 acres of industrial property in the subject area. City
Administrator Wood noted that Staff would attempt to determine the
affects on the entire 113 acres.
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The Mayor noted that he would deviate from the regular agenda in
order to accommodate interested persons in the audience, following the
next Public Hearing which is required to meet an August 1, 1980, deadline.
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Pub.Hear. re:
Flood Plain
Ord.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on review of a proposed Flood Plain Management Ordinance.
Associate Planner Meyer further explained the Staff Report.
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The Mayor asked if there was anyone in the audience wishing to
speak on the matter. There was no comment from anyone in the audience.
IIIIIlioII
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the proposed ordinance be introduced and published by
title and summary and ordered Staff to determine if adoption of the
ordinance on July 21, 1980, would meet the August 1, 1980, deadline to
qualify or if an Emergency Ordinance adopted July 21, 1980, to be effec-
tive August 1, 1980, would be in order.
Uvas Pk. Dr. The Mayor deviated from the regular agenda in order to accommodate
the Benassi property owners present in the audience in regard to a
Report on Future Alignment of Uvas Park Drive at Santa Teresa Blvd.
Director of Public Works-City Engineer explained the proposed
alternative plans, recommending that same be continued to July 21, 1980,
to accommodate Mr. Benassi Sr., who left the meeting due to the late hour.
Mr. Dooley Benassi addressed the Council and noted that they would
request continuance of this matter to the July 21, 1980, regular Council
Meeting.
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Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the matter be continued to July 21, 1980, regular
Council ~1eeting.
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The Mayor asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda.
Christmas
Hi 11 PK
Director of Parks and Recreation Ayer presented a proposed Band-
stand Stage Plan for Christmas Hill Park to be donated by the Garlic
Festival Committee at an estimated contribution of $7,000-$8,0000.
Motion was made by Councilman Pate seconded by Councilwoman Hughan
and carried that the Bandstand Stage for Christmas Hill Park be accepted
and that the design and location for same be approved.
Adjournment
At 12:11 a.m., July 8, 1980, the Mayor adjourned to an Executive
Session. It was noted by Council that following the Executive Session
this meeting would be adjourned to Tuesday, July 8, 1980 at 8:00 p.m.
in order to complete the regular agenda.
At 12:40 p.m., July 8, 1980, motion was made by Councilman Link
seconded by Councilman Taylor and carried that this meeting be reconvened
and continued to Tuesday, July 8, 1980, at 8:00 p.m.
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Respectfully submitted,
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