Loading...
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 4867 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. ~- 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. ..... ..... 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. ~"- I ... 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. ..... 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. ~ , I ~ 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. ...... -" 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. ...... , ! I ..... 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. ".,.. ..... r"..... - Res. #83-38 -. ... Res. #83- 39 4869 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: 4870 Res. #83-40 Adjournment .. 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(