Resolution 1987-17
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RESOLUTION NO. 87-17
A RESOLUTION AFTER PUBLIC HEARING OF THE CITY
OF GILROY TENTATIVELY APPROVING A PETITION FOR
CANCELLATION OF LAND CONSERVATION CONTRACT
NO. 71.147-001
BE IT RESOLVED AND FOUND BY THE CITY COUNCIL OF THE
CITY OF GILROY AS FOLLOWS:
1. That a petition was filed with the City of Gilroy
by Robert Mozzone, Carol Petroni and Marie Piumarta requesting
cancellation of the Williamson Act land conservation contract
(#71.147-001) affecting their approximately 23 acre parcel
(APN 835-05-019) located at the southeastern corner of No
Name Uno and Cohansey Avenue within the City of Gilroy.
2. That the alternative use proposed for the land is to
construct a major regional medical facility known as South
Valley Intercommunity Hospital.
3. That the City Council reviewed the petition as well as
all related materials, documents, reports, and testimony at a
duly noticed public hearing on March 16, 1987.
4. That on December 16, 1985, the Council certified an
Environmental Impact Report with 10 mitigation measures and a
statement of overriding considerations for this specific project.
5. That the Council has considered the South Valley
Intercommunity Hospital project at various public hearings and
meetings over the past two years and has given all local land use
approvals required for the project, including gener~l plan
amendment, prezoning, inclusion in the urban service area,
architectural and site review, and annexation.
RESOLUTION NO. 87-17
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6. The Council finds, pursuant to Government Code
~5l282(a)(2) that cancellation of the aforementioned Williamson
Act land conservation contract is in the public interest because:
a. Construction of the South Valley Intercommunity
Hospital as a major regional medical facility will
provide public health benefits to the residents of
South Santa Clara County and San Benito County,
which benefits substantially outweigh the loss of
approximately 23 acres of agricultural land and
the objectives of the Williamson Act viewed under
the circumstances of this case; and
b. There is no proximate non-contracted land both
available and suitable for the proposed regional
medical facility given the unique needs of the
project that it be located along a major highway
but within the City of Gilroy and on a parcel or
assemblage of parcels comprising at least 40 acres.
The 23 acre parcel under Williamson Act contract is
one of two adjoining parcels being acquired by
South Valley Intercommunity Hospital. The other
parcel is not under Williamson Act contract.
7. That the amount of the cancellation fee as certified by
the County Assessor pursuant to Government Code ~5l283 is
$13,908.00.
NOW, THEREFORE, BE IT RESOLVED B~ THE COUNCIL OF THE CITY
OF GILROY, that the Williamson Act land conservation contract
heretofore described be tentatively cancelled subject to
RESOLUTION NO. 87-17
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satisfaction of the following conditions and contingencies:
a. Payment in full to the City Clerk, City of
Gilroy, of the cancellation fee certified by
the Assessor and determined to be the sum of
$13,908.00.
b. The landowners or their successors in interest
must obtain approval of building plans for the
South Valley Intercommunity Hospital from the
Office of the State Architect and issuance of a
building permit or other authority to construct
from the Office of Statewide Health Planning and
Development.
PASSED AND ADOPTED on the 16th day of March 1987, by the
following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER,
MUSSALLEM, PALMERLEE, VALDEZ
and HUGHAN
NOES:
ABSENT:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
APPROVED:
~1hwtJ ~.
ATTEST:
RESOLUTION NO. 87~17
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I~ SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy~ do
hereby certify that the attached Resolution No. 87-17
is an original
resolution~ duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 16th day of March~ 19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 18th day of
19 87.
March~
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( Seal)