Resolution 1997-31
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RESOLUTION NO. 97-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING SAN YSIDRO REORGANIZATION
97-01 BY ANNEXATION OF A PARCEL TOTALING
APPROXIMATELY 9.64 ACRES CONTIGUOUS TO THE
CITY OF GILROY AND DETACHMENT FROM SOUTH
SANTA CLARA COUNTY FIRE DISTRICT .AND SANTA
CLARA COUNTY OPEN SPACE AUTHORITY, A 97-01
WHEREAS, pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, a petition signed by all the owners of
land within the territory proposed to be annexed was filed with
the City of Gilroy requesting annexation of territory to the City
and detachment from the South Santa Clara County Fire District and
Santa Clara County Open Space Authority, which territory is more
fully described in Exhibit A which is attached hereto and
incorporated herein by this reference; and
WHEREAS,
the territory proposed to be annexed is
unincorporated territory within Santa Clara County which is within
the Urban Service Area of the City so that, pursuant to California
Government Code section 56826, the Santa Clara County Local Agency
Formation
Commission
("LAFCo")
shall
not
review
this
reorganization, and the City Council is the Conducting Authority
for the reorganization; and
WHEREAS, pursuant to Government Code section 56837,
when all the owners of land within the affected territory have
petitioned for said reorganization, then the Conducting Authority
may conduct proceedings for the reorganization without notice and
hearing or an election; and
WHEREAS,
pursuant to the California Environmental
Quality Act ("CEQA"), the City Council on September 6, 1994
certified an EIR for this site for General Plan Amendment
application GPA 93 - 04, and imposed 32 mitigation measures and
adopted a Statement of Overriding Considerations in conjunction
with approving the project; and
WHEREAS, the City Council held a duly noticed public
meeting on May 27, 1997 and has considered all of the evidence
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RESOLUTION NO. 97-31
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presented in regard to the reorganization, including the staff
report dated May 13, 1997; and
WHEREAS, the affected land is contiguous to the City of
Gilroy, making annexation a logical extension of City limits to
lands whose use and development the City should control and making
detachment a logical transfer of fire services from a county
entity to the City and further making detachment of the property
from the Santa Clara Open Space Authority because property located
within the City limits is not within the jurisdiction of that
Authority; and
WHEREAS, this proposal is consistent with the City's
sphere of influence; and
WHEREAS, the regular county assessor's roll will be
used for taxes and assessment in the lands to be annexed; and
WHEREAS, because the site has not been pre-zoned it
will be given a zoning designation of A-I (Agricultural District)
upon annexation to the City.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
hereby finds as follows:
1.
The
unincorporated
territory
proposed
for
annexation is within the City of Gilroy's Urban Service Area as
adopted by LAFCo.
2. The proposed annexation will not split any line of
assessment or property ownership.
3. The County Surveyor has determined the boundaries
of the proposed annexation to be definite and certain and in
compliance with the road annexation policies as adopted by LAFCo.
4. The proposed annexation will not create any
islands or areas in which it would be difficult to provide
municipal services, and will incorporate an existing island.
5. The proposed annexation is consistent with the
land use designation on the City of Gilroy's General Plan map.
6.
The
unincorporated
territory
proposed
for
annexation is contiguous to existing City limits.
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RESOLUTION NO. 97-31
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7. The City has complied with all conditions imposed
by LAFCo for inclusion of the territory in the Urban Service Area
of the City.
8. The landowners owning all of the land within the
uninhabited territory support the annexation and there is no
timely filed protest to this action.
9. The herein described reorganization is in full
accordance with the Cortese-Knox Local Government Reorganization
Act of 1985, and Government Code section 56826 which is part
thereof.
BE IT FURTHER RESOLVED THAT the lands described herein
are hereby ordered to be annexed to the City of Gilroy and
detached from the South Santa Clara County Fire District and the
Santa Clara County Open Space Authority.
BE IT FURTHER RESOLVED THAT the lands described herein
are given a zoning designation of A-I (Agricultural District) .
BE IT FURTHER RESOLVED THAT pursuant to Government Code
section 52200, the City Clerk shall submit forthwith a certified
copy of this resolution and the fees required by Government Code
section 54902.5, collected from the applicant, to the executive
officer of LAFCo.
PASSED AND ADOPTED this 27th day of May, 1997 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, SPRINGER,
VALDEZ, ROWLISON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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Suellen Rowlison, Mayor Pro Tern
g~~.
Rhonda Pellin, Acting City Clerk
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RESOLUTION NO. 97-31
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County of Santa Clara
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Environmental Resources Agency
Building Inspection/Land Development Engineering and Surveying
County Government Center. East Wing
70 West Hedding Street. 7th Floor
San Jose, California 951 10
Bldg, Inspec, (408) 299-2351 Land Devel. 299-2871 F:\X 279-8537
April 11, 1997
Susanne E. Steinmetz, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
The attached revised description and map dated April 7, 1997 of territory
proposed for annexation to the City of Gilroy entitled SAN YSIDRO A VENUE
REORGANIZATION 97-01 is in accordance with Government Code Section 56826.
The boundaries of said territory are definite and certain. The proposal is in
compliance with the Local Agency Formation Commission's road annexation
policies.
?1l~ )~?/la~-
MARTIN D. MARCOTT,
County Surveyor
Attachment
cc: LAFCO Executive Officer (w / attachment)
EXHIBIT A
Boord of Supervisors: Michael M, Hondo, Blanco Alvarado, Ron Gonzales, James T. Be,lll Jr.. Dianne :VIe Kenna
County Executive: Rictlard Wittenberg
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6-010
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EXHIBIT 'A'
Annexation to the City of Gilroy
San Y sidro Avenue Reorganization 97 - 01
Being a portion of Parcels 1,2,3, and 4 as shown upon that certain Record of Survey filed for
record in Book 396 of Maps at Page 27, Santa Clara County Records and being more particularly
described as follows:
BEGINNING at the most westerly corner of Parcel 1, said corner is lying in the centerline of San
Y sidro A venue, as said Avenue is shown upon said Record of Survey; thence along the
northwesterly line of Parcel 1 North 64040'00" East, 30.00 feet to a point lying in the
northeasterly right of way of San Ysidro Avenue and being the TRUE POINT OF
BEGINNING; thence from said point and continuing along the northwesterly line of said Parcel
1 North 64040'00" East, 783.50 feet to the most northerly corner of said Parcell; thence along
the northeasterly lines of said Parcels 1 ,2,3,and 4 South 25020'00" East, 536.04 feet to the most
easterly corner of said Parcel 4, coincident with the northerly boundary comer of that certain
annexation entitled "San Ysidro Reorganization 88-2" accepted August 7,1989 by the City of
Gilroy; thence along the southeasterly line of said Parcel 4, coincident with the northwesterly
boundary line of said annexation "San Ysidro Reorganization 88-2" South 64040'00" West,
783.50 feet to the intersection of the southeasterly line of said Parcel 4 with the northeasterly
right of way line of said San Y sidro Avenue, said point of intersection is lying on the
northeasterly boundary line of that certain annexation entitled "Freeway - San Ysidro Avenue
Reorganization 83-1", accepted February 6,1984 by the City of Gilroy; thence along said
northeasterly right of way line, coincident with said northeasterly boundary line North 25020'00"
West, 536.04 feet to the TRUE POINT OF BEGINNING and containing therein 9.64 gross acres
more or less.
d:\data~usysdro.Ieg
93085
Revised: April 7,1997
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I, RHONDA PELLIN, Interim City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 97-31 is an original resolution, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 27th day of May, 1997, 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 28th day of May, 1997.
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Interim City Clerk of the City of Gilroy
(Seal)