Resolution 1999-30
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RESOLUTION NO. 99-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE REORGANIZATION OF A
CONTIGUOUS PARCEL TOTALING APPROXIMATELY 18.68
ACRES TO THE CITY OF GILROY AND DETACHMENT
FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT
AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A
98-02
WHEREAS, pursuant to the Cortese-Knox Local Government Reorganization Act
of 1985, a petition signed by the Gilroy Unified School District (hereinafter "the School District"),
the owner of land within the territory proposed to be annexed was filed with the City of Gilroy
requesting annexation to the City of Gilroy, which land is more fully described in Exhibit "A" ,
which is attached hereto; and
WHEREAS, the City proposes detachment from the South Santa Clara County Fire
District and Santa Clara County Open Space Authority of the territory proposed to be annexed; 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 reorganization without notice and hearing or an election;
and
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RESOLUTION NO. 99-30
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WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the
City Council, prior to reaching a decision on this application, considered the Negative Declaration,
along with eight (8) mitigation measures adopted by Resolution No. 98/99-04 by the Gilroy Unified
School District, attached hereto as Exhibit "B";
WHEREAS, the City Council at a duly noticed public meeting on March 15, 1999,
considered the project, public testimony, and all other documents relating to the project, including
the Staff Report dated February 11, 1999; and
WHEREAS, the affected land IS contiguous to the City of Gilroy, making
armexation 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's
provision of services 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 armexed, ifthe School District is subject to such taxes and assessments; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby finds as
follows:
1. The unincorporated territory proposed for armexation is within the City of
Gilroy's Urban Service Area as adopted by the Santa Clara County LAFCo.
2. The County Surveyor has determined the boundaries of the proposed
armexation to be definite and certain and in compliance with the road armexation policies as
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RESOLUTION NO. 99-30
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adopted by LAFCo, as set forth in Exhibit "C" attached hereto.
3. The proposed annexation will not split any line of assessment or property
ownership.
4. The proposed annexation will not create any islands or areas in which it
would be difficult to provide municipal services.
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.
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
supports 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 Califomia 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 pursuant to Government Code section
57200, 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 School District, if the School District is
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RESOLUTION NO. 99-30
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required to pay said fees, to the executive officer ofLAFCo.
PASSED AND ADOPTED this 5'" day of April, 1999 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL and GILROY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
K.A. Mike Gilroy, Mayor
ATTEST:
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Rhonda Pellin, City Clerk
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RESOLUTION NO. 99-30
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EXHmIT "A"
WRENIFARRELL REORGANIZATION 98-02
To The City or Gilroy
Being all of Lots 11,14,15 and 16 and a portion of Lots 19,20 and 22 as shown on the map of "Jas. A.
Clayton & Co's. subdivision of Las Animas Ranch Lot 31 and a part of Los Animas Ranch Lot 30", filed
for record in Book "V" of Maps, at Pages I and 2, Official Records of Santa Clara County, California,
being more particularly described as follows:
BEGINNING at the most northwesterly corner of said Lot 15, also being the most southwesterly corner of
the "Wren-Monterey-Farrell Annexation" to the City of Gilroy as described in Ordinance No. 787 of said
City adopted February 9,1967; thence along the boundary of said Annexation and the northerly line of said
Lots 15,14 and II North 82050'00" East 748.30 feet to an angle point in said Annexation line and the
northerly common corner to Lots 10 and I I, as shown on said Map; thence along the line common to said
Lots and a southwesterly line of said Annexation South 22018'30" East 895.40 feet to the northwesterly
line of "Farrell/Ronan Reorganization 86-1" to the City of Gilroy as described in Resolution No. 87-51 of
said City adopted July 6, 1987, also being in the northwesterly line of Farrell Avenue; thence along said
northwesterly line South 67034'00" West 861.31 feet to the most westerly corner of said Annexation in the
southwesterly line of Wren A venue; thence along said southwesterly line and the prolongation thereof
North 170]4'00" West ]006.75 feet to a point in the northerly line of Vickery Avenue, as shown on said
Map; thence along said northerly line North 89056'30" East 24.66 feet 10 a poinl in the line common 10 said
Lots 15 and 22; thence along said common line North 7004'00" West 102.90 feet to the POINT OF
BEGINNING.
Containing 18.68 acres ofland, more or less.
Revised 12/8/98
By: A.llR
Arnold R. Brunetti
llC.E. 17186
Reg. Exp, 6/30/01
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EXHIBIT B
GILROY UNIFIED SCHOOL DISTRICT
BOARD OF EDUCATION RESOLUTION NO. 98/99-04
A RESOLUTION OF THE GILROY UNIFIED SCHOOL DISTRICT ADOPTING THE
ANTONIO DEL BUONO NEGATIVE DECLARATION IN ACCORDANCE WITH THE
CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the Gilroy Unified School District is the owner of the property in
Santa Clara County identified as Assessor's parcel numbers 790-08-003 and 008, located
at 9300 Wren Avenue on the northeast corner of Wren Avenue and Farrell Avenue; and
WHEREAS, the Gilroy Unified School District desires to construct an elementary
school on the subject property; and
WHEREAS, the Gilroy Unified School District adopted the role of lead agency
for purposes of environmental review of the proposed project under the California
Environmental Quality Act (CEQA); and
WHEREAS, an initial study and proposed negative declaration have been
prepared for the proposed Antonio del Buono Elementary School; and
WHEREAS, the initial study and proposed negative declaration for the Antonio
del Buono Elementary School was prepared for the Gilroy Unified School District by
EMC Planning Group Inc. dated June 1998; and
WHEREAS, the initial study analyzes the environmental impacts that would
occur from development of an elementary school at the project site and identifies the
potential significant environmental impacts of such development; and
WHEREAS, the initial study identifies and recommends feasible mitigation
measures. included as Exhibit A, for such significant environmental effects which will
reduce such potential environmental effects to a less than significant level; and
WHEREAS, the initial study and proposed negative declaration have been
prepared in compliance with the procedural and substantive requirements of the
California Environmental Quality Act (CEQA) as amended; and
WHEREAS, the initial study and negative declaration were circulated for public
review from June 23, 1998 through July 22,1998 during which time one (1) comment
letters were received from public agencies and members of the public; ande
WHEREAS, the Gilroy Unified School District Board of Education reviewed and
considered the information contained in said initial study and negative declaration
prior to considering the merits of the proposed project; and
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WHEREAS, the Gilroy Unified School District Board of Education has
determined that, as a result of its inspections and investigations and of studies made in
its behalf, the best interests of the Gilroy Unified School District would be served by
adopting, as required by Section 15074 of the State CEQA Guidelines, the negative
declaration in compliance with the requirements of CEQA, and that the initial study
adequately addresses the potential environmental effects of the proposed project.
NOW, THEREFORE, be it resolved, the Gilroy Unified School District Board of
Education hereby ADOPTS the negative declaration that was prepared in compliance
with the requirements of CEQA and is adequate for the consideration of all actions and
approvals required for development of the Antonio del Buono Elementary School.
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PASSED AND ADOPTED at the regular meeting of the Gilroy Unified School District
Board of Education duly held on the 28th day of July, 1998, by the following vote:
AYES:
NOES:
Blomquist, Bowe, Good, Rodriguez, Sanchez snd Merrill
None
ABSENT:
Howard
ABSTAIN:
None
Dated: July 28, 1998
i:iart!- ~
Secretary to the Board
Lead Agency:
Decision Making
Body
Project Proponent
Project Location
Project Description
Public Review
Period:
Address Where Copy
of Initial Study is
Available for Public
Review:
Address Where
Written Comments
Should be Sent:
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MAR 3 1 1999
Gilroy Planning D'
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NEGATIVE DECLARATION
Gilroy Unified School District
Contact Ralph Hatland, Assistant Superintendent
Gilroy Unified School District, 7810 Arroyo Circle, Gilroy, CA 95020
(408) 847-2700
Gilroy Unified School District
Northeast comer of Wren A ver:ue and Farrell Avenue within the unincorporated
County of Santa Clara, See location maps in attached initial study.
The Gilroy Unified School District proposes to build an elementary school on an
approximately 17 acre site. The elementary school, located in the southern portion
of the project site would be one story with approximately 52,000 square feet. Play
fields would be located throughout the site ana include a soccer field, two softball
diamonds, eight hard court play yards, a sand box area, and a kindergarten play
court. Other amenities include a service yard and a lunch shelter, Circulation
includes access from both Farrell Avenue and Wren Avenue. It is the district's
intent to sell the northerly six acres to the City of Gilroy or to a private developer.
Begins - June 23, 1998
Ends - July 22 1998
Gilroy Unified School District, 7810 Arroyo Circle, Gilroy, CA 95020
(408) 847-2700 Contact Ralph Hatland
EMC Planning Group, Inc.
99 Pacific Street, Suite 155-F, Monterey, CA 93940
Attention: Teri Wissler
Tnis proposed project will not have a significant effect on the environment as it has been fuund:
(A) That said project will not have the potential to significantly degrade the quality of the
environment.
(B) That said project will have no significant impact on long-term environmental goals.
(C) That said project will have no significant cumulative effect upon the environment
(D) That said project will not cause substantial adverse effects on human beings, either
directly or indirectly.
MmGATION MEASURES
Hydrology
1. The design and construction of all storm drainage improvements serving the project site shall be
provided by the District These design plans shall include:
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Gilroy Unified School District
Negative Declaration
Page 2
a. Applicable storm water source and treatment-based best management practices, applied and
maintained, as recommended in the California Storm Water Best Management Practice Handbook
and pursuant to the requirements presented in Mitigation Measure 2 below.
b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project
site as necessary to removal pollutants from these surfaces.
c. A design to reflect consultation with the City of Gilroy regarding city storm drain design
standards.
d. Finished floor elevations to ensure that the safety of students and staff would not be
compromised in the event of catastrophic failure of Anderson Dam.
2. The District shall obtain a National Pollution Discharge Elimination Systems Program (NPDES)
General Construction Permit, required under the Federal Clean Water Act. from the Regional
Water Quality Control Board prior to beginning construction. The NPDES construction permit
requires implementing both construction and post-construction phase storm water pollution best
management practices.
Additionally, the District shall implement provisions of the NPDES construction permit. which
require preparing and complying with a Storm Water Pollution Prevention Plan.
3. The District shall obtain a permit from the Santa Clara Valley Water District prior to construction
of physical improvements within 50 feet of the West Branch L1agas Creek flood control facility.
The water district will review the permit to ensure that the integrity of the creek channel is not
comprised. The permit shall be obtained by the District prior to commencement of grading
activities.
Air Quality
4. The District shall incorporate the following control measures into construction specifications:
a. Water all active construction areas as often as needed to control dust.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads. parking areas and staging areas
at construction sites.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
L Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand. etc.)
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Gilroy Unified School District
Negative Declaration
Page 3
h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
j. Replant vegetation in disturbed areas as quickly as possible,
Transportation/Circulation
5. The District shall prepare on-site improve:nent plans to include tr.e fullowing:
a. Provide half street improvements including curb, gutter and sidewalk, as well as pavement
widening along Farrel Avenue and Wren Avenue school frontages,
b. Provide street lighting to city standards.
c. Provide fencing on the school to limit pedestrian access to the locations that accommodate
and encourage the safer route to school.
d. Provide sufficient right-of-way on Farrell Avenue at Wren Avenue to accommodate two
westbound left turn lanes and one westbound right turn lane.
The District shall consult with the City of Gilroy regarding the improvement plans, The
improvement plans shall be prepared prior to grading activities. subject to review and approval
by the District.
6. The District shall prepare off-site improvement plans to include the following:
a. Provide sidewalks on both sides of the existing bridge. This design may include two 4.35
foot sidewalks. two 2-foot shoulders. and two ll-foot travel lanes. No bike lanes will be
provided. Special signs requiring bicycles to be walked across the bridge should be
considered during the design phase, No bridge widening will be required to implement
this improvement.
b. Provide an all weather surface with a minimum width of four feet so there is a continuous
walking surface from the bridge to Church Street along the north side of Farrell Avenue.
This may be a decomposed granite trail, or asphalt pavement, or Portland Cement concrete.
(This is a short-term improvement. Ultimately, future development along the north side of
Farrell Avenue will be required to widen the street and construct standard sidewalks.)
c. Trim the existing tree located immediately adjacent to the northerly pavement edge to
provide better clearance for pedestrians.
d. Install a three-way stop control at the Farrell Avenue intersection with Wren Avenue. A
yellow crosswalk shall be provided aiong the east Farrell Avenue leg of this intersection,
e. Install a four-way stop control at the Farrell Avenue intersection with Church Street.
f. Install school area speed zoning near the school along Farrell Avenue and Wren Avenue.
The District shall consult with the City of Gilroy regarding the improvement plans. The
improvement plans shall be prepared prior to grading activities. subject to review and approval
by the District.
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Gilroy Unifiea School District
Negative Declaration
Page 4
Public Services
7. Prior to development of the project site, the District shall remove the existing septic system from
the property, subject to review and approval by the Santa Clara County Health Department
Cultural Resources - Archaeological
8. In order"to offset impacts to both the sparse lithic scatter (Le., the extended site) and the main site,
hand unit excavation shall be carried out in the area of the main prehistoric site, A minimum of
nine (9) metric surface square hand excavation units should be placed in the location of the main
prehistoric deposit (four units offset impact to building area; fiVe units offset impact to main
deposit). These surface square hand excavation units may be put in as single units or in multiple
combinations across the expanse of the main deposit If significant cultural features are
encountered during remaining units of the 9 unit program may be located to further unit
excavations, the remaining excavation units shall then be deployed in the prehistoric site in order
to secure as much data from the site as possible.
Excavation of each unit shall proceed according to standard archaeological practices. Each unit
shall be measured in on the surface and aligned geographically with north. Soils shall be
excavated in increments of 10 - 20 an using shovels, trowels, and picks. Excavated soils are to be
shoveled into hand-held shaker screens with 1/4 to 1/16 inch mesh size(s). Artifacts and/or
other archaeological data recovered through soil screening should be placed in bags labeled with
unit and level designations. These cultural materials should be brought back to an archaeological
lab for washing, analysis, cataloging, and report writing, A minimum of two radiocarbon dates
shall be obtained for organic remains recovered; Accelerator Mass Spectrometry (AMS) dating
may be required if organic remains are small in quantity. Professional analysis shall be
conducted for any cultural materials recovered (Le., bone, lithic artifacts, beads, etc.).
Archaeological hand unit excavation should take place in the early stages of the proposed project
Hand unit excavation should be undertaken before proceeding with construction excavation.
Weather permitting, archaeological hand unit excavation should take no longer than three weeks
to complete.
Due to the presence of a known prehistoric cultural, it is additionally recommended that a
qualified archaeologist monitor any subsurface construction activities associated with the
proposed project.
In order to avoid delays due to archaeological work for this project, grading activities should be
scheduled to take place a few weeks prior to the rest of subsurface construction excavation. If
archaeological monitoring encounters significant cultural materials during the grading process,
and if further archaeological evaluation/excavation is required, these activities may then be
completed prior to the remainder of construction excavation. When isolated artifacts are found
during construction excavation, they may be directly recovered by the archaeological monitor
without further construction delays.
All cultural materials recovered from the site during hand excavation or monitoring shall be
stored in a secured facility and ,shall be archived, remaining accessible for display and/or
research. the materials collected from this site are to form a collection, and, as such, shall remain
together. If the Gilroy Unified School District (GUSD) wishes to retain the collection, the GUSD
must provide a display and adequate storage.
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Gilroy Unified School District
Negative Declaration
Page S
It is possible, though not likely, that human remains may be found during subsurface
construction for this project. Should human burials be exposed during earthmoving activities,
the coroner must be notified. If these remains are determined to be prp.historic in nature, the
Native American Heritage Commission will be notified, and a Most Likely Descendant (MLD)
appointed for the project. The MLD will be responsible for making recommendations regarding
the treatment of the prehistoric human remains. All materials found in association with human
remains must stay with the burials unless otherwise specified by the J.1LD.
It is recommended that the following standard language be included i:1 any permits issued
within the project area:
In the event that a unique collection of artifacts or archaeological elements are
encountered, all construction within a fifty meter radius of the remains should be
stopped, the Planning Department notified, and an archaeologist retained to examine the
remains and make appropriate recommendations.
A final report shall be produced that describes and interprets all significant archaeological
materials recovered from the mitigation program.
Further information about this project and about its probable environmental impact is available at the
Gilroy Unified School District until July 22, 1998, after which date this determination shall be final and all
necessary pel1I\its may be issued.
BY:
DATE OF FINDING: June 19, 1998
DATE OF POSTING AND/OR NOTICE: June 23, 1998
FILE REFERENCE(S): ENVR-216
c:
Applicant
Post
County Clerk
EXHIBIT C
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County of santa C,.
. Environlllental Resources Agency
I Building Inspection/L,md Develop",,'nt Engincl'rillg illld Surveying
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COllruy GOVl'num'nf Cl'nlcr, East Wing
70 Wt'st H~dding Slrcel. 7111 r-loor
Silll Jo~l'. CCllifornicl 05 I J ()
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F:\X 27D.H:i37
January 27, 1999
RECEIVED
JAN 2 8 1999
Susanne E. Steinmetz, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Gilroy Planning Div.
The attached revised description and map dated December 8,1998 of
territory proposed for annexation to the City of Gilroy entitled WREN IF ARREL L
REORGANIZATION 98-02 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.
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MARTIN D. MARCOTT,
County Surveyor
Attachment
cc: LAFCO Executive Officer (w / attachment)
Melissa Durkin
Blliln!I)1 Sup('r\'i~(>rs: Dtlr1illl! r-. Cii.lgc'. 1.~I1Hll'<l . \h",lrill It I. I '("II' :\11"lltlgl L lill tll'~ T I~l'<tll Jr.. S .Jllst"pll Sinlltl,Hl
CcllllHY EXecutiVe: Hicll,lrcl Willt'"IlJ)l'rg
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-30 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 5th day of April, 1999, 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 9th day of April, 1999.
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~lt:l)zd/L 6-t~..
City Clerk of the City of Gilroy
(Seal)