Minutes 1983/04/22
4866
Roll Call
April 22, 1983
Gilroy, California
The Adjourned Regular Meeting of the Gilroy City Council was
called to order by His Hon~r Mayor Protempore Marion T. Link at 4:00 r.m.
Present: Council Members: Sharon A. Albert, Donald F. Gage,
Roberta H. Hughan, Robert E. Taylor, Pete Valdez, Jr. and Marion T.
Link. Absent: Council Member: Norman B. Goodrich.
E. 9th St. et al Mayor Protemoore Link stated that this was the time and place
Assmt. Dist. scheduled for Council discussion following the close of the Public
83-1 Hearing on East Ninth Street Et Al Assessment District 83-1 for staff
report to present alternate proposals for the proposed district.
Mr. Philip D. Assaf, Bonding Attorney, addressed the Council and
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noted that the Public Hearing for East Ninth Street Et Al Assessment
District 83-1 had been, closed. He noted that a resolution had been passed
and adopted overruling protests and that the matter had been referred back
to Staff for presentation of alternate proposals for the proposed district.
Director of Public Works-City Engineer Hansen presented a compromise
which included two (2) islands being proposed as an alternative, reducing
estimated balance to assessment from $1,172,022.81 to $993,938.29.
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Motion was made by Councilwoman Hughan seconded by Councilman Gage
anrl carried that the Public Hearing for said proposed assessment district
be reopened.
The Mayor Protempore asked if there was anyone nresent in the audience
wishing to sneak on the matter.
Mr. E. H. Duerrer, Chairman of the BIG Committee, addressed the
Council recommending that the two (2) lanes of traffic prooosed to replace
the island not be allowed. He noted that there was no justification for
same; that the tree planting proposal for the island was a modest effort
of beautification.
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Mr. David Ditto, representing Gilroy Weighing and Receiving Co.,
Inc., addressed the Council recommending that the City attempt to obtain
federal aid for their share of this project, soecifically, contributing to
a portion of the signal lights since Tenth Street would be ingress and
egress to the Freeway. Also he noted that there is no structure proposed
for this project that the east side of Chestnut Street from Tenth to Ninth
Streets including the Fire Station, is paying toward the si9nal lights.
He further noted the proposed beautification of the median strip is for the
benefit of the enti re City; not specifi cally for the 1 andowners proposed
to pay for same. He further noted that it was not fair for the City to
assess a few landowners for the entire beautification of the City. He
further noted that Tenth Street is not the logical point for a main artery
in and out of Gilroy; it is basically ingress and egress to the federal
highway for traffic going out of town or coming into Gilroy and not neces-
sarily as a pass through from the south over to Pacheco Pass and throuqh
the Ci ty. He further noted that if the City wi shed to beautify the medi an
strip, the City pay for same and not assess a few landowners.
Mr. Robert Ingram, Orchard Supply Hardware, in charge of store
planning and construction, addressed the Council notinq their concerns
about the median. He noted that there will be a great deal of landscaping
in front of the properties whether or not the median is completely land-
scaped. He noted that their objective is to make the shopping center as
convenient as possible to the customer; further, that a required left-turn
into and out of the shopping center would greatly reduce congestion. He
noted, at some future time because of additional future traffic, the cus-
tomer would not use the left-turn lanes either in or out and at that time,
the median could be extended and if additional traffic had to be handlerl
at the Alexander Street entrance, then perhaps at that time the traffic
lanes would be widened. He noted that his property owners feel quite
strongly that there should be ingress and egress from Tenth Street.
The Mayor Protempore asked if there was anyone further in the
audience wishing to speak on the matter.
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Mr. Ernie Filice, prooerty owner, addressed the Council speaking
in opposition to the method of the costs of the Chestnut Street signal
light, noting that the cost assessed for same is quite high and that the
users of that intersection will be more than the properties assessed for
same. He spoke in favor of a wide median strip down Tenth Street rather
than the left-turn proposal.
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Director of Public Works-City Engineer Hansen spoke in regard to
method of distribution of signal costs assessed to each property owner. He
noted that the signal costs were distributed among the various parcels of
property in the manner which was set forth in the development agreement
for the K-Mart Shopping Center; specifically, that those properties south
of Ninth Street and north of the Princevalle Storm Drain, west of the
freeway and east of a line 400' parallel to westerly of Chestnut Street
would be paying the cost of signalization upon their development for com-
mercial uses. He noted that this was done before the General Plan was
modified and the properties south of Banes Lane were not determined to be
commercial in nature; therefore, the purpose of this assessment district
4868
Res. #83-36
Res. #83-37
was to collect the monies as agreed upon with K-Mart from those pro~
perties which still have a potential of developing in a commercial
nature. He noted that essentially those properties are Gilroy
Weighing & Receiving, owned by Flynn; the parcel on the southwest
corner of Chestnut and Tenth Streets, owned by Steidly & Uyeno; a
portion of the Filice property and about an eighth of the Conrotto
property. The properties in the block where the Fire Station is
located were considered in a commercial nature; they would be an
industrial use. He noted that the assessment was spread to all of
the properties including the K-Mart property on the basis of area.
Discussion was had by Council on the matter.
In regard to use of federal monies the Director of Public Works-
City Engineer noted that the street is not eligible for federal monies,
noting that it would take a long wait for use and competition of such
funds. However, he noted that the City in establishing the rules for
spread of assessment, because this was an assessment district and in
order to encourage the development of the assessment district, chose
early on in the establishment of these rules, that they would not be
charging of these properties that are developing under this district
at this time, the normal fees for frontinq water and sewer lines. He
noted that this would constitute approximately $165,000.00 of fees
being waived and considered a contribution on the part of the City
into this particular project.
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Discussion was had regarding industrial properties not being,
required to pay into this project.
The Mayor Protempore asked if there was anyone further in the
audience wishing to speak on the matter. There was no comment from
anyone in the audience.
Motion was made by Councilman Taylor seconded by Councilman
Gage and carried that the Public' Hearing be closed.
Mr. Philip D. Assaf, Bond Attorney, noted that Council will
have to determine whether revision in the project is going to be made
with regard to the center median island, and further noted the addi-
tional resolutions required to form the proposed assessment district.
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Discussion was had regarding majority orotests. It was deter-
mined by Mr. Philip D. Assaf, Bond Attorney, that'majority orotests have
not been received, and that same was previously reported to the Council.
Motion was made by Councilman Taylor seconded by Councilman Gage
that the reading of ResolutionNo~ 83-36 Deleting Certain Work and Re-
duction of certain assessments, specifically accepting the revised
plan proposed with exclusion of the median dividing strip, making said
strip a two-way left turn lane and allowing Tenth Street to remain the
present right of way width, be waived and that it be adopted.
RESOLUTI ON NO. 83- 36
A RESOLUTION ORDERING DELETION OF CERTAIN WORK AND REDUCTION OF CERTAIN
ASSESSMENTS - EAST NINTH STREET ET AL ASSESSMENT DISTRICT 83-1.
PASSED AND ADOPTED this 22nd day of April, 1983, by the following vote:
AYES: COUNCIL MEMBERS: GAGE, TAYLOR, VALDEZ and LINK
NOES: COUNCIL MEMBERS: ALBERT and HUGHAN
ABSENT: COUNCIL MEMBER: GOODRICH
Mr. Philip D. Assaf, attorney, noted that the next resolution
Finding and Determining that the Public Convenience and Necessity
Require Proposed Acquisitions and Improvements requires a 4/5ths vote
of the Council with six (6) Council Members voting in favor of same.
He further noted that if said resolution does not receive a nunaimous
vote of those present that the" project could not proceed.
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Discussion was had by Council on the matter.
Motion was made by Council~an Taylor seconded by Councilman Gage
that the reading of a resolution be waived finding and determining that
the public convenience and necessity require proposed acquisitions and
improvements and that it be adopted.
Discussion was had by Council on the motion.
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Res. #83-38
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Res. #83- 39
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City Administrator Woo~ recommended that the project proceed. He
noted that as traffic increases and left-turn lanes do become a hazard,
that the Council has control and could go back anrl close the left-turn
lanes and landscape the entire median at that time. He further noted that
substantially more landscaping will be provided inside the curb along the
street as a result of the reduction of the right-of-ways that were accom-
plished under the reduction to the 86 foot width. He further noted that
it would be a detriment to the community if no compromise could be reached
on proceeding at this time. He recommended that Council retain the right
to close the left-turn lanes at some future date when it becomes necessary
to do so.
Mr. Philip D. Assaf, attorney, noted unless the City desired to pay
the costs for extending and completing the median at some future date,
said action could not be a part of this assessment district.
Further discussion was had by Council on the matter, and required
landscaping of Orchard Supply orooerty, further explained by Planning
Director Dorn; specifically, fifteen (15) feet of landscaoing along the
frontage regardless of the outcome of this meeting.
The City Attorney agreed that the City has control of the median
strip at the present and at some future date; however, a change at some
future date in the median strip would be a future cost and cannot be a
part of the proposed district.
Councilman Taylor and Councilman Gaqe withdrew their motion to
adopt a resolution finding and determining that the public convenience
and necessity required proposed acquisitions and improvements.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert that the reading of a resolution be waived and that it be adopted
as a matter of record that if, at such time as there is any further
development on either side of Tenth Street between Chestnut and Alexander
Streets, that the left-turn lanes in the center be reolaced with a land-
scaped median strip at the City's expense.
RESOLUTION NO. 83-37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FUTURE
LANDSCAPED r~EDIAN STRIP ON TENTH STREET BET\~EEN CHESTNUT AND ALEXANDER
STREETS.
PASSED AND ADOPTED this 22nd day of April, 1981, by the followinq vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK
NOES: COUNCI L MOlBERS: NONE
ABSENT: COUNCIL MEMBER: GOODRICH
Mr. Philip D. Assaf, Bond Attorney, clarified Resolution No. 83-36
to include that the shoulder lane on Tenth Street is eliminated; and that
the alternate median island confiquration (the two small islandS) ann the
space in the center is what the project consists of.
It was noted by Staff that the two small islands will be landscaped.
Motion was made by Councilman Taylor seconded by Councilman Gage
that the reading of Resolution No. 83-18 be waived and that it be adopted.
RESOLUTION NO. 83-38
A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE PROPOSED ACQUISITIONS AND IMPROVEMENTS - EAST NINTH
STREET ET AL ASSESSMENT DISTRICT 83-1.
PASSED AND ADOPTED this 22nd day of April, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HGUHAN, TAYLOR, VALDEZ and LINK
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: GOODRICH
Motion was made by Councilman Taylor seconded by Councilman Gage
that the reading of Resolution No. 83-19 be waived and that it be adopted.
RESOLUTION NO. 83-39
A RESOLUTION AND ORDER ADOPTING ENGINEER1S REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE WORK AND ACQUISITIONS - EAST NINTH STREET ET AL ASSESSMENT
DISTRI CT 83-l.
PASSED AND ADOPTED this 22nd day of April, 1983, by the following vote:
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Res. #83-40
Adjournment
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AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ
and LINK
NOES: COUNCIL ~,1EMBERS: NONE
ABSENT: COUNCIL MEMBERS~ GOODRICH
Motion was made by Councilman Taylor seconded by Councilman
Gage that the reading of Resolution No. 83-40 be waived and that it
be adopted.
RESOLUTION NO. 8~-40
A RESOLUTION DESIGNATING COLLECTION OFFICER - EAST NINTH STREET ET
AL ASSESSMENT DISTRICT 83-1.
PASSED AND ADOPTED this 22nd day of April, 1983, by the following vote:
AYES: COUNCI L MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ anrl
LINK
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: GOODRICH
Mr. Philip D. Assaf, attorney, noted that the award of contract
and sale of bonds regarding East Ninth Street Et Al Assessment District
83-1 is proposed for a later date.
Councilwoman Hughan recommended that Orchard Supply be put on
notice that their aporoval of the Planning Commission might be appealed
if it looks like there would have to be some changes in their parking
lot to conform to future layout of Tenth Street.
The Mayor Protempore adjourned the meeting at 4:51 p.m.
Respectfully submitted,
j12fA-...J ~ . d~
~ City Clerl(