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Resolution 1987-17 . . 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 ~~ . . 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 -2- 'C . . 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 ..3- ... . . . 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~ ~ ( Seal)