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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 ... - 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. ..- The Mayor introduced new employees: Steven Ford, HCD Grant Coordinator, and Roman A. Martinez, HCD Administrative Aide. - 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; -- - 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 .... Accepted Improvements for Monterey Highway, Union Oil and Ruiz Properties Improvement; and ...~~~' 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. .... - .";".."T. .,.. ........ ._.... ~,....._. ~', ... ~,_ " "'. .,~ ~-..tiIIl ...... ...... -.. iIt':"'"'" ....... ...... -- - - 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. _..,. . J!;. .ll.._'l!f_ '~._,,'...._,.j(J.~~--'~.L.-...~.'... "....-...._.-"".........-.. ---....r-'- _.......~_._..~ -,.........~ 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. - ~ .. - 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. - ~ lili>r".~! - ~... ~....."'""~ ~.c_. -.r ,.,.-,... J __ .~'''''''---'__''___< _ ..... -v ~,~_ __ __~ - - - Pub. Hea r. re: H. Suniga Appeal Res. #80-64 ?i!'!"", - Pub.Hear. re: EIR & Tent. Map-G.Coats (Silacci & Reeder) IIli\IIIIIl -- - - 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. ,- ~l.y__,.,._.~._..~".__...___. '.,~..~- -,--,' ~""'-",",,... '--"""",;:"'''tj 4432 , ., 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. ... ...... 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. -- 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. ..... 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. ~~.., 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. ... """'-~~-l'8 -- ....~ 4433 ~",'~Oif 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. - 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. ...... 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. - Motion was made by Councilman Link seconded by Councilman Taylor and carried that the matter be continued to July 21, 1980, regular Council ~1eeting. ...... 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. ,...,... Respectfully submitted, ..... - -