Resolution 2006-02RESOLUTION NO. 2006-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INITIATING ANNEXATION PROCEEDINGS AND SETTING A DATE
FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "MILLER AVENUE REORGANIZATION 03 -01,"
PROPERTY LOCATED AT 5875 AND 5885 MILLER AVENUE, WEST OF
THE INTERSECTION OF MILLER AVENUE, THOMAS ROAD AND
MESA ROAD AND CONSISTING OF APPROXIMATELY 5.5 ACRES
(APNs 810 -28 -002, 810 -28 -014 AND 810 -28 -015), AND DETACHMENT
THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH SANTA
CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY
OPEN SPACE AUTHORITY
WHEREAS, the City Council of the City of Gilroy ( "City") has received an application
A03 -01 for annexation of territory designated "Miller Avenue Reorganization 03 -01," from
Applicants Martin Chappel and Randy Sargenti; and
WHEREAS, pursuant to the Cortese -Knox- Hertzberg Local Government Reorganization
Act of 2000 ( "Local Government Reorganization Act "), 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 County of Santa Clara, South Santa Clara County
Fire District and Santa Clara County Open Space Authority; and
WHEREAS, the property, consisting of approximately 5.5 acres (APNs 810 -28 -002, 810-
28 -014 and 810 -28 -015) located at 5875 and 5885 Miller Avenue, west of the intersection of
Miller Avenue, Thomas Road and Mesa Road, and contiguous to the City limits, which territory is
within the City's urban service area and is more fully described in the legal description and map
attached hereto as Exhibit "A "and Exhibit "B "; and
WHEREAS, the following agencies would be affected by the proposed annexation: County
of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space
Authority; and
WHEREAS, the South Santa Clara County Fire District has waived its rights to notice, a
public hearing and to protest the proceedings; and
WHEREAS, annexation would provide for use of City services; and
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Resolution No. 2006 -02
WHEREAS, the Planning Commission held a duly noticed public meeting on December 1,
2005, at which the Commission considered all of the evidence presented in regard to the
reorganization, including the Staff Report dated November 22, 2005; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA'), a final
environmental impact report ( "FEIR ") for this project entitled "Miller Avenue Reorganization
(A03 -01) ", SCH 42005062176, dated November 21, 2005, was certified as completed in
compliance with CEQA by the City Council on December 19, 2005, and, on January 23, 2006,
CEQA Resolution No. 2006 - was adopted making the required findings for each significant
effect and adopting a statement of overriding considerations for those effects which were deemed to
be unavoidable, and adopting a mitigation monitoring program; and
WHEREAS, in accordance with Government Code section 56757, the County Surveyor of
Santa Clara County has found the boundaries of the area proposed for annexation to be definite and
certain, and the proposal to be in compliance with the Santa Clara County Local Agency Formation
Commission's road annexation policies; and
WHEREAS, as provided for in Government Code section 56757, the City Council of the
City of Gilroy shall be the conducting authority for a reorganization including an annexation to the
City; and
WHEREAS, the territory to be annexed is uninhabited for the purposes of Government
Code section 56663, meaning that fewer than twelve (12) registered voters reside in the territory,
and all owners of land included in proposal have consented to this annexation to the City, and
WHEREAS, the City Council held a duly noticed public hearing on December 19, 2005,
and has considered all of the evidence presented in regard to the reorganization, including the Staff
Reports dated November 22, 2005 and December 9, 2005; and
WHEREAS, Government Code section 56663(a) provides that when a petition for
annexation is signed by all owners of the land within the affected territory, the City Council may
approve or disapprove the annexation without notice and without public hearing.
NOW, THEREFORE, BE IT RESOLVED:
That the City Council of the City of Gilroy hereby initiates annexation proceedings and will
consider annexation of the territory designed as "Miller Avenue Reorganization 03 -01 "and
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01 -012706-04706089 Resolution No. 2006 -02
detachment of said territory from the County of Santa Clara, South Santa Clara County Fire District
and Santa Clara County Open Space Authority at their regular meeting of February 6, 2006.
That the City Administrator shall give notice to affected agencies of the filing of the
adoption of this Resolution initiating annexation proceedings and the consideration of the City
Council of the annexation of the territory designated as "Miller Avenue Reorganization 03 -01 ".
PASSED AND ADOPTED by the City Council of the City of Gilroy on January 23,
2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO and PMEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROV D:
ert inheiro, Mayor
ATTES
Rhonda Pellin, City Clerk
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01 -012706 -04706089 Resolution No. 2006 -02
"EXHIBIT A"
ANNEXATION TO THE CITY OF GILROY
MILLER AVENUE REORGANIZATION 03 -01
November 8, 2004
Revised: September 20, 2005
Being a portion of Ranch Lot No. 11, a partition of the Las Animas Rancho, recorded in Book
1083 Page 2016, Official Records of the County of Santa Clara, State of California and being
more particularly described as follows:
BEGINNING at an angle point in the southwesterly boundary of "Thomas -Mesa Annexation
69 -1" to the City of Gilroy as described in Resolution No 846 of said City adopted March 18,
1969, said point also being the most southerly corner of 7723 O.R. 273 of said County as shown
on said Annexation map; thence along the boundary line of said Annexation the following 2
courses N 40°36'30" E 350.82 feet < S 40'36'1/2" W 350.00 feet >; thence N 54 °51'00" W
676.80 feet < S 54015'E 672.50 feet > to a point on the southeasterly boundary of "Shapell
Reorganization 95 -01" to the City of Gilroy as described in Resolution No. 96 -4 of said City
adopted February 5, 1996, thence along said southeasterly boundary S 35 °33'00" W (N35 °33" E)
19.52 feet; thence S 50 °55'00" W 343.40 feet (N 50 °52' E 343.40 feet); thence continuing along
said boundary S 54 °51'00" E 119.60 feet (N 54 °52' W 119.60 feet) to an angle point thereof,
thence leaving said boundary along the southeasterly prolongation thereof S 54 °51'00" E 306.91
feet; thence leaving said prolongation S 55029'30" E 124.30 feet; thence S 54°39'30" E 187.11
feet to the POINT OF BEGINNING, and
CONTAINING THEREIN 5.652 Acres of land, more or less.
SEE EXHIBIT `B" attached hereto and made a part hereof.
< > Denotes data per Thomas- Mesa Annexation 69 -1
( ) Denotes data per Shapell Reorganization 95 -1
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Karen Christopher
CITY OF GILROY
MILLER AVENUE REORGANIZATION 03 -01
BEING A PORTION OF RANCH LOT NO. 11, PARTITION OF
THE LAS ANIMAS RANCHO, RECORDED IN L 083 O.R. 2016
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA
November, 2004 SCALE 1' -100'
HANNA do BRUNETII — GIVL ENGINEERS & SURVEYORS — G LROY• CAUF. JOB NO.03011
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -02 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
23rd day of January, 2006, 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 7th day of February, 2006.
City Clerk of the City of Gilroy
(Seal)