Resolution 2006-06RESOLUTION NO. 2006-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY MAKING CERTAIN FINDINGS AND
APPROVING MILLER AVENUE REORGANIZATION NO.
03 -01, THE ANNEXATION OF 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 APPROVING 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 application A 03-
01 requesting annexation of territory designated "Miller Avenue Reorganization No. 03 -01" from
applicants Martin Chappel and Randy Sargenti; and
WHEREAS, the property, consisting of approximately 5.5 acres (APNs 810 -28 -002, 810-
28 -014 and 810 -28 -015), as more fully described in the legal description and map attached hereto
as Exhibits "A" and `B," which are incorporated herein by this reference, is 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 and within the City's urban service area; and
WHEREAS, said territory is uninhabited for the purposes of California Government Code
section 56663, meaning that fewer than twelve (12) registered voters reside in the territory, and all
owners of land included in the proposal have consented in writing to this annexation; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an
environmental impact report (`BIR ") was prepared for this Project; and
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01- 013006 - 04706089 Resolution No. 2006 -6
WHEREAS, the Planning Commission held a duly noticed public meeting on December 1,
2005, at which time the Commission considered all of the evidence presented in regard to the
reorganization, including the Staff Report dated November 22, 2005, and recommended
certification of the EIR and approval of the Project; and
WHEREAS, on January 23, 2006, the City Council held a duly noticed public meeting
and, as required by CEQA, did adopt Resolution 2006 -01, "A Resolution of the City Council of
the City of Gilroy Making Required Findings Concerning Significant Effects, Mitigation
Measures and Alternatives, and Adopting a Statement of Overriding Considerations for the
Miller Avenue Reorganization (A 03 -01), for Which an Environmental Impact Report was
Prepared in Accordance with the California Environmental Quality Act, and Adopting a
Mitigation Monitoring Program for the Project;" and
WHEREAS, also on January 23, 2006, the City Council considered all of the evidence
presented in regard to the reorganization, and the City Council determined to adopt Resolution No.
2006 -02, entitled "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 No. 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," setting February 6, 2006 as the date for the City Council's
consideration of said reorganization; and
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01-013006-04706089 Resolution No. 2006 -6
WHEREAS, pursuant to Government Code section 56663(b), on January 24, 2006, the City
Administrator mailed a notice of the City Council's adoption of Resolution No. 2006 -02 to the
affected local agencies that had not waived notice and hearing and protest proceedings and that
will gain or lose territory as a result of this reorganization, and within ten (10) days following the
mailing of that notice, no written demand was received from an affected agency that the City
Council make determinations upon the reorganization only after notice and hearing; and
WHEREAS, the proposed annexation is consistent with the orderly annexation of
territory within the City's Urban Service Area and is consistent with the City's policy of
annexation and extending City services; and
WHEREAS, Government Code section 56757 states that the Local Agency Formation
Commission ( "LAFCO ") shall not review a proposal for annexation into any city in Santa Clara
County of unincorporated territory which is within the Urban Service Area of the city if the
annexation is initiated by resolution of the legislative body, and
WHEREAS, on February 6, 2006, the City Council adopted Ordinance No. 2006 -1
entitled "An Ordinance of the City Council of the City of Gilroy Approving Application Z 03 -04
to Pre -Zone to R1 (Single- Family Residential) Approximately 5.5 Acres Located at 5875 and
5885 Miller Avenue, West of the Intersection of Thomas, Miller and Mesa Roads, APNs 810 -28-
002, 014 and 015," and did thereby prezone the territory proposed for annexation; which zoning
will be effective when, and only if, annexation to the City becomes effective.
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01- 013006 - 04706089
Resolution No. 2006 -6
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The City Council is the conducting authority pursuant to Government Code
section 56757 for annexation Application A 03 -01 of the property designated "Miller Avenue
Reorganization No. 03 -01," more particularly described in Exhibits "A" and `B."
2. The City Council hereby finds as follows:
(a) The unincorporated territory proposed for annexation is within the City of
Gilroy's Urban Service Area as adopted LAFCO.
(b) 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.
ownership.
(c) The proposed annexation will not split any line of assessment or property
(d) The proposed annexation will not create any islands or areas in which it
would be difficult to provide municipal services.
Plan.
(e) The proposed annexation is consistent with the City of Gilroy's General
(f) The unincorporated territory proposed for annexation is contiguous to
existing City limits.
(g) The City has complied with all conditions imposed by LAFCO for
inclusion of the territory in the Urban Service Area of the City.
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01- 013006 -04706089 Resolution No. 2006 -6
(h) The herein described reorganization is in full accordance with the Cortese-
Knox- Hertzberg Local Government Reorganization Act of 2000, and Government Code section
56757, which is a part thereof.
3. That said annexation of the territory designated "Miller Avenue Reorganization
No. 03 -01" is hereby ordered without notice, hearing or election and without any further protest
proceedings pursuant to Government Code section 56663.
BE IT FURTHER RESOLVED THAT upon completion of these reorganization
proceedings, said territory as described herein is hereby ordered to be detached from the County
of Santa Clara, 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 RI (Single Family Residential), pursuant to the adoption of Ordinance No. 2006 -1.
BE IT FURTHER RESOLVED THAT upon completion of these reorganization
proceedings the territory reorganized will be taxed on the regular county assessment roll, including
taxes for existing bonded indebtedness.
BE IT FURTHER RESOLVED THAT, pursuant to Government Code section 56756, the
City Clerk shall submit forthwith a certified copy of this Resolution and any required LAFCO
filing fees together with the State Board of Equalization fees required by Government Code
section 54902.5, collected from the Applicant, to the executive officer of LAFCO.
INVH1680071.2
01- 013006 - 04706089 Resolution No. 2006 -6
PASSED AND ADOPTED this 6th day of February, 2006, by the followincF vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ATTEST:
Rhonda Pellin, City Clerk
ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and PINHEIRO
NONE
NONE
APPROVED:
ert keiro, Mayor
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01- 013006- 04706089 Resolution No. 2006 -6
"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 40036'1/2" 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 50 052' E 343.40 feet); thence continuing along
said boundary S 54 051'00" E 119.60 feet (N 54 052' 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 55°29'30" 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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"EXfiIBIT B "
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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 10=100'
HANNA do BRUNETTI — CIVIL ENGNEERS & SURVEYORS — GILROY, CAUR JOB NO.03011
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -06 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
6th day of February, 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 21 st day of February, 2006.
City Clerk of the City of Gilroy
(Seal)