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Minutes 1976/07/06 3820 Roll Call Consent Calendar Minutes Gilroy, California July 6, 1976 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Dennis L. DeBell, Georqe T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: William E. Childers. - .... Motion was made by Councilman Duffin seconded by Councilman Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: DeBell, Duffin, Link, Pate, Stout and Goodrich; Absent: Council Member: Childers. Approved Minutes of the June 21~ 1976 Regular Council Meeting; Amer.Diabetes Assoc. "A 11 Fund Raising Event Pub. Hear. re:Rezoning Howson,Wel- burn,Mont. & La Coche Approved the request of the American Diabetes Association for Northern California Bike-Ride" Fund Raising Event. The Mayor stated that it was the time and place scheduled for a Public Hearing on the Planning Commission's proposal to rezone from M-1 (General Commercial) to H-C (Highway Commercial) and C-2 (General Commercial) the block between Howson Street, Welburn Avenue, Monterey Street and La Coche Way. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Council- man Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. ing. Discussion was had by Council in regard to the proposed rezon- - - Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be re-opened in order to accommodate interested persons now present in the audience. Mr. John Hughan representing Howson, Inc. addressed the Council and protested the rezoning proposal. He stated that the oroperties were not posted in accordance with the law, requested that the present zoning remain as is and that said proposal does not conform to the General Plan. Planning Director Bedaux addressed the Council and explained the proposed recommendation of the Planning Commission. Industrial Director Ball addressed the Council noting that the City has very little industrial property in the City. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council in regard to the proposed rezon- "' - i ng. - Res.#76-31 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 76-31 not affirming the Planning Com- mission's recommendation be waived and that it be adopted. RESOLUTION NO. 76-31 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE PROPOSED REZON- ~ ING ON MOTION OF THE PLANNING COMMISSION OF ALL THAT PROPERTY LYING SOUTH OF WELBURN AVENUE, EAST OF LA COCHE WAY, GENERALLY NORTH OF HOWSON STREET AND WEST OF MONTEREY STREET FROM M2 DISTRICT TO HC AND C2 DISTRICTS. PASSED AND ADOPTED this 6th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, LINK, PATE, STOUT and GOODRICH. 3821 NOES: COUNCIL MEMBERS: DUFFIN ABSENT: COUNCIL MEMBERS: CHILDERS Council further requested that the Planning Commission study the need for a new zoning district to include "industrial-Commercial" type zoning. Pub. Hear. re:Aban- donment portion of Casey St. The Mayor stated that it was the time and place scheduled for a Public Hearing on the intention to abandon a portion of a sixty (60) foot portion of Casey Street contiguous with the SPRR right-of-way. - Director of Public Works-City ffngineer Hansen explained the proposal. Discussion was had in regard to the City retaining the easement within the abandonment. ~~ Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be closed. Res.#76-32 Motion was made by Councilman Duffin seconded by Councilman Stout that the reading of Resolution No. 76-32 be waived and that it be adopted. RESOLUTION NO. 76-32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING THE SIXTY (60)FOOT PORTION OF CASEY STREET CONTIGUOUS WITH THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY IN THE CITY OF GILROY CLOSED TO VEHICULAR TRAFFIC. PASSED AND ADOPTED this 6th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS League The League of California Cities Legislative Bulletin, dated June 24, Bulletin 1976 was noted and explained by City Administrator Wood. Mont.St. Property A letter from Mrs. O. E. Busey-Wheeler offering to sell property north of the Old City Hall to the City was noted and discussed. Council rejected said offer at this time and requested that Mrs. Busey-Wheeler be notified of Council action pending some committment of use for the Old City Hall. - The fOllowing informational items were noted with no separate discus- sion on same: Gavilan College in regard to Water Conservation; Senator Tunney in regard to Revenue Sharing Act; Pacific Legal Foundation in regard to San Felipe Suits: Assemblywoman Leona Egeland commending Chief Brittain's election to the Presidency of the California Fire Chiefs' Association; Loma Prieta Resource Conservation District in re: to Consolidation; P.U.C. in regard to Transfer of natural gas to Los Angeles Basin. Plan.Com. The Report of the Planning Commission Meeting of June 24, 1976 was Report noted. 6-24-76 Motion was made by Councilman Pate seconded by Councilman Duffin and carried that a Public Hearing date of July 19, 1976 be set on the rezoning proposal of Loring Howard. Madonna Dev. Planning Director Bedaux noted the request of Madonna Development Co. Company to separate a 21,000 sq. ft. parcel from the commercial P.U.D. area and recommended approval of said lot split by the Commission. Council continued action on same to the next regul ar Council Meeti n9 in order for Staff to pre- pare a more detailed report in regard to said request. Lib.& Cult. The Minutes of the Library and Culture Commission Meeting of June 1, 3822 Com. 6-1-76 1976 were noted. Monthly Reports cussed. May 1976 The Summary of Monthly Reports of May, 1976 were noted and dis- Disbursements The Report of Disbursements from June 1, 1976 through and includ- ing June 30, 1976 were noted and discussed. Res.#76-33 Resolution No. 76-33 approving the request of P.G. & E. for utility tax refunds was presented. Motion was made by Councilman Stout seconded by Councilman Pate that the reading of Resolution No. 76-33 be waived and that it be adopted. -. RESOLUTION NO. 76-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING PACIFIC GAS AND ELECTRIC COMPANY TO REFUND TO UTILITY USERS REFUNDS ORDERED BY THE CALIF- ORNIA PUBLIC UTILITIES COMMISSION. PASSED AND ADOPTED this 6th day of July, 1976, by the fOllowinq vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS Council tabled action on the Reports of Agreements with the Employee Groups. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. 8th St. traffic Police Chief Laizure reported on the traffic situation on Eighth Street between Orchard and Miller Avenue. He noted that the Department had not sufficiently used the radar unit at said location and requested additional time to complete said study. Mrs. Genevieve Smith, 885 Eighth Street addressed the Council and further requested installation of the stop sign on Orchard. ___ The Mayor requested an ooportunity for the City to determine if the traffic situation can be controlled when the street becomes a City street. Mrs. Smith agreed with the Mayor's request. Emp.Group Agreements City Administrator Wood reported on the Agreements with the Employee Groups. He recommended execution of the Agreements with the Police Department Group and the Management Bargaining Group. Discussion was had in regard to the Gilroy Employees' Association Group as to the medical-dental benefit clause. It was noted that the Supervisor's Group had requested an Impasse Procedure. It was also noted that the Fire Department Group would not have a decision until July 7, 1976. Motion wasmade by Councilman Pate seconded by Councilman Link and carried that the agreements with the Police, Management and Gilroy Employee Association Groups be executed. Motion was made by Councilman Stout seconded by Councilman Duffin anD carried that the City not enter into an Impasse Procedure with the Supervisory. Personnel. Motion was made by Councilman Stout that a unilateral action to estab- lish rates already agreed to with the Supervisory Group be approved within the City's legal rights. Motion was not carried due to lack of a second. Council requested the City Administrator to inform the Supervisory Group of the City's position in regard to an Impasse Procedure and further act upon their proposal at an adjourned regular Council Meeting of July 7, 1976 at 4:00 p.m. .. ..... County Trans it Bus Shelters Director of Public Works-City Engineer Hansen reported on a proposed Passenger's Shelter Program for the County Transit District and further noted that the City would request that the proposed shelter for Sixth and Princevalle Street location be changed to the Gilroy Community Center on Sixth Street. 3823 Street Paving- 3rd St. Director of Public Works-City Engineer Hansen reported that portions of Third Street will be closed during the Paving Project in the fall in regard to asphalt removal. Res.#76-34 Resolution No. 76-34 regarding Water Conservation was presented. Motion Water was made by Councilman Pate seconded by Councilman Link that the reading of Conserva- Resolution No. 76-34 be waived, that same be corrected as discussed and that it tion be adopted. ........ RESOLUTION NO. 76-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING WATER USE PUR- SUANT TO SECTION 27.30 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 6th day of July, 1976, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE,STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CHILDERS. .tIff" City F 1 a g Counci lman Stout requested that Mrs. Sadi e Fra.ssetti be thanked for her design of the new City.s flag, presented at the Bicentennial Ceremonies. Bicentennial The Mayor requested that the Bicentennial Committee be thanked for Committee the successful Bicentennial Program. ABAG Corri dor Study The Meeting of July 7, 1976 at 3:00 p.m. with ABAG in regard to the Corridor Study was noted. Water Status Director of Public Works-City Engineer Hansen reported on the City's Report Water status. Motion was made by Councilman Pate seconded by Councilman Stout and carried that the City be authorized to purchase additional motors with greater hp for certain wells as needed ahd as requested and that the City Ad- ministrator be authorized to dispose of any excess motors if same exists. ~~,~ Bicentennial City Administrator Wood recommended and Council concurred that letters Ceremonies of thanks be forwarded the Parks and Recreation, Public Works,Police and Fire Department employees for their services during the Bicentennial Program. City Administrator Wood presented a request of the Gilroy Chamber of Commerce.s Industrial Committee for replacement of the Industrial Director on a full-time basis. Council took no action on same at this time. Sewer Farm City Administrator Wood presented a request of Mr. Roy Uyeno to rent Well the well on the Sewer Farm Property (formerly Rea Property) for $1,000.00 this year including electricity costs for operation of said well. Motion was made by Councilman Stout seconded by Councilman Link and carried that the request of Mr. Uyeno be approved. BASSA City Administrator Wood presented a request of the City of Morgan Hill to join with them in attempting to remove those portions of Santa Clara County not served by BASSA from said Association. Motion was made by Councilman Stout seconded by Counci lman Pate and carri ed that the City joi n with Morgan Hill to attempt to withdraw from BASSA. Old City City Administrator Wood presented a Resolution for an additional grant Hall for restoration of the Old City Hall. Motion was made by Councilman Pate seconded by Councilman DeBell that the reading of the resolution be waived and that it be adopted, by the following vote: Ayes: Council Members: DeBell, Pate and Goodrich; Noes: Council Members: Duffin, Link and Stout; Absent: Councilman Childers. The resolution was not adopted. Adjournment At 10:23 p.m. motion was made by Councilman Pate seconded by Councilman Stout and carried that the meeting adjourn to an Executive Session and Adjourned Regular Council Meeting on July 7, 1976 at 4:00 p.m. R~~ftfUl1Y l'titt';fi-;-:- .7 . 9,1)~~/~~czf)U~City Clerk