Resolution 2015-02RESOLUTION NO. 2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY GRANTING A CERTIFICATE OF CANCELLATION
OF A WILLIAMSON ACT CONTRACT LOCATED IN THE
CITY OF GILROY
WHEREAS, Anthony Luna, on behalf of the Survivors Trust of Jess V. Arias and Josephine
Arias Revocable Trust petitioned the City of Gilroy ( "City ") to cancel a land conservation contract,
also known as Williamson Act Contract No. 68 -128 ( "the Contract "), that was entered into on
February 28, 1969, between Josephine Sophie Hoey, as the landowner, and the County of Santa
Clara, pursuant to the California Land Conservation Act of 1965 (the "Williamson Act "). The
contract was recorded against real property located within the County of Santa Clara, City of Gilroy,
California, having APN 810 -20 -004 and further described in Exhibit "A" hereto ("the Property"), on
February 28, 1969 in Book 8451, page 78 of Santa Clara County Official Records; and
WHEREAS, on December 1, 2014, the City Council of the City of Gilroy held a duly noticed
public hearing and granted a Tentative Cancellation of the Contract on December 1, 2014, as set
forth in Resolution No. 2014 -61; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council certified an environmental impact report for the Hecker Pass Specific Plan, certifying that
the EIR had been completed in compliance with CEQA by the City Council on January 18, 2005, by
Resolution No. 2005 -02, which was adopted making the required findings for each significant effect
on the environment, adopting mitigation measures, and adopting a statement of overriding
considerations for those effects which were deemed to be unavoidable; and
WHEREAS, at the January 5, 2015 City Council meeting a staff report was presented and all
persons desiring to speak on the subject Williamson Act Contract Cancellation request were heard.
At the conclusion of said presentation, after considering all the evidence presented, the City Council
made certain findings and reached a decision on the Williamson Act Cancellation request as
hereinafter set forth.
RESOLUTION NO. 2015-02
4850-675246410
JH104706089
NOW, THEREFORE, IT IS RESOLVED THAT:
1. The above recitals are true and correct.
2. That the City makes the following findings of fact:
(a) That the cancellation conforms to the intent of the California Land Conservation Act,
as amended.
(b) That the cancellation and alternative use will not result in discontiguous patterns of
urban development.
(c) That the cancellation conforms to the intent of the City General Plan in effect on
January 5, 2015, and as amended to date, and the Hecker Pass Specific Plan.
3. That in view of the findings heretofore made and considering the applicable law, a
request for a Certificate of Cancellation of Williamson Act Contract is hereby approved by the City
Council to allow cancellation of Williamson Act Contract No. 68 -128. A Certificate of Cancellation
of the Contract will be issued and recorded at such time as all requirements of the Certificate of
Tentative Cancellation have been fulfilled.
PASSED AND ADOPTED this 5t' day of January, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEORE- MUNOZ,
TUCKER, VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
6 '�'v
, ij 4, qai/
Donald Gage, Mayor
ATTEST:
wria Freels, City clerk
RESOLUTION NO. 2015-02
4850-675246410
JH104706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -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 5'h day of January, 2015 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 6t' day of January, 2015.
Freels, MMC 7/
rk of the City of Gilroy
(Seal)