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Resolution 2005-63RESOLUTION NO. 2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING FOR SALE THE REAL PROPERTY OWNED BY THE CITY OF GILROY, LOCATED AT 7600 AND 7610 MONTEREY STREET, GILROY, CALIFORNIA WHEREAS, the City of Gilroy ( "City ") owns the real property located at 7600 and 7610 Monterey Street (APN 841 -04 -007) Gilroy, California, (hereinafter the "Property "); and WHEREAS, the procedure by which the City can dispose of real property is provided by the California Government Code section 54200 et seq.; and WHEREAS, the City declared its intention to sell the Property in Resolution 2005 -57 and Resolution 2005 -60 and gave notice by publication and posting of the Property as required by law; and WHEREAS, the City wishes to sell the Property to continue the redevelopment of the downtown core with mixed use commercial and residential development; and WHEREAS, in return for the sale of the 7600 and 7610 Monterey Street Property, the City will have the right to purchase the 0.29 acres of property that is located at 7480 Eigleberry and owned by the Garlic Festival Association. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds and authorizes the following: Section 1. In May 2005, the City solicited a separate appraisal for the Property to determine the fair market value of said Property. Section 2. The City Clerk, pursuant to Government Code section 37423, gave notice of the time and place of the public hearing by publishing Resolution 2005 -57 and Resolution 2005 -60 in a local newspaper, and by posting a copies of Resolution 2005 -57 and Resolution 2005 -60 on the Property for not less than ten (10) days in at least three (3) conspicuous places on said Property. Section 3. In accordance with Government Code section 37420 et seq., on September 19, 2005, the City Council conducted a public hearing concerning its intention to sell or lease the Property. 1JK669074.1 01 -090705- 04706084 Resolution No. 2005 -63 Section 4. At said hearing the City Council considered its intention to sell the Property. The City Council heard any and all protests in relation to the City's intention to sell the Property, and considered and overruled any written or oral protests and objections. Section 5. Pursuant to Government Code section 37350, the City Council finds and determines that the sale of the Property as a mixed use commercial and residential development is in the City's interest and for the common benefit as follows: (a) The Property is no longer needed for the City's use. (b) The sale of the Property as a mixed use commercial and residential development and the acquisition of the property 7480 Eigleberry Street is in the public interest and convenience because it will provide the following: 1. Allow the City to acquire much needed property adjacent to one of the largest City - owned parking lots in the downtown core. Combined with the Garlic Festival's property at 7480 Eigleberry Street, the City's Eigleberry parking lot will yield approximately 100 surface parking spaces and accommodate a multi- story, 225 to 315 stall parking structure in the future that will be necessary to support the 1,000,000 s.f of new commercial /office and approximately 1,600 new residential units that are planned in the proposed downtown specific plan. 2. Promote downtown redevelopment by replacing a parking lot on Monterey Street with a multi -story, mixed use commercial and residential development that will contribute to the downtown specific plan vision, which is a walkable, compact, vibrant, human - scaled ambience that is necessary for a vital downtown. 3. Create a gateway for the downtown core and for potentially one of the largest downtown redevelopment projects to date, South County Housing's Cannery residential development. 4. Create additional parking in the vicinity of Monterey Street and Lewis Street through either acquisition or long -term leasing of property and development of new parking spaces. 5. Further the goals and objectives of the adopted Valley Transportation Authority Community Design and Transportation Manual, which states that "moving parking to the rear of buildings allows the streetscape to be left for the pedestrian and interesting public space." The Manual further states that communities should "design and place parking areas to minimize the impact of parking and avoid compromising the pedestrian experience." 6. Create a prominent presence for one of the community's valued institutions. 7. Create additional downtown housing opportunities. WK669074.1 01 -090705- 04706084 -2- Resolution No. 2005 -63 8. Secure additional funding for surrounding parking lot improvements through the 7600/7610 Monterey Street property sale. 9. City's transfer of the fee or leasehold interest in the property (which is currently exempt from property taxes by virtue of its public ownership) will generate property tax revenues, which can be used to fund essential City services. (c) The sale of the Property will be at fair market value. Section 6. The City may now offer the Property for sale to the public for development as a mixed use commercial and residential development by negotiated sale. The sale shall be at fair market value, as determined by the City's appraisal. Section 7. Nothing in this Resolution shall require the City to sell said Property. PASSED AND ADOPTED this 19`" day of September, 2005 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALS, VALIQUETTE, VELASCO, and PINHEIRO NOES ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: LAT T-� T Rhonda Pellin, City Clerk 1JH1669074.1 01 -090705- 04706084 NONE NONE APPROVED: O heiro, Mayor -3- Resolution No. 2005 -63 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -63 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of September, 2005, 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 26th day of September, 2005. 1l ca((( '0' City ,Clerk of the City of Gilroy (Seal)