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HomeMy WebLinkAboutResolution No. 2024-56 | Agricultural Mitigation Renz Lane Project RESOLUTION NO. 2024-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ALLOCATING A PORTION OF THE ACREAGE OF THE CONSERVATION EASEMENT PURCHASED BY THE CITY OVER THE VAN DYKE PROPERTY TO BE USED FOR AGRICULTURAL MITIGATION FOR A PROJECT PROPOSED BY GILROY LOGISTICS LLC ON RENZ LANE WHEREAS, The City of Gilroy (“City”) has an Agricultural Mitigation Policy (the “Policy”) that was adopted on May 3, 2004 and revised on January 4, 2016; and WHEREAS, Pursuant to the Policy, projects on land proposed in certain specified areas in the City must partially mitigate the environmental impact of a development project upon the preservation of certain agricultural land (the “Affected Land”) in the City by the purchase of certain other agricultural lands or by the purchase of development rights over such agricultural land (“Mitigation Land”) and transfer of such development rights to a City-approved agency; and WHEREAS, On or about Jan. 6, 2020, the City Council approved an agreement (the “Conservation Agreement”) with the Land Trust of Santa Clara Valley (“Land Trust”) by which the Land Trust agreed to purchase an Agricultural Conservation Easement (the “Easement”) over approximately 108.4 acres of property located at 7665 Crews Road owned by the Van Dyke family (the “Conserved Property”). The City provided funding for the purchase and also the perpetual stewardship of the Conserved Property in the amount of $1,298,850; and WHEREAS, The Easement over the Conserved Property complies with the provision of the Policy to purchase development rights over the Conserved Property, and thus provides to the City agricultural mitigation pursuant to the Policy to allow the potential mitigation for the agricultural impact on 108.4 acres of Affected Land. Such a project could be any combination of City and private projects. The City intends to partially use the Conservation Easement as mitigation for future development of the City’s own Sports Park, but does not need the full acreage of the Conservation Easement for such purposes; and WHEREAS, A company called Gilroy Logistics LLC (“Owner”) is seeking to develop an industrial site of 12.8 acres located at 951 and 981 Renz Lane in the City and needs to comply with the City’s Policy. Owner has not found it to be possible to purchase land or development rights over land of roughly that size that would satisfy their obligation under the Policy, and accordingly has asked the City for permission to, in effect, use 12.8 acres of the Conserved Property for its mitigation, thus reducing the amount of Conserved Property remaining to 95.6 acres; and WHEREAS, Owner has offered to pay the City’s appraised land value for the use of the 12.8 acres of Conserved Property; and Docusign Envelope ID: 14F090BE-AF7C-4487-A971-D93A7BC7ED90 Resolution No. 2024-56 Renz Lane Project Agricultural Mitigation City Council Regular Meeting | November 18, 2024 Page 2 of 3 WHEREAS, the Council determines that it is in the public interest to accept Owner’s offer and to allow Owner to use 12.8 acres of the Conserved Property for agricultural mitigation pursuant to the Policy. NOW, THEREFORE, BE IT RESOLVED THAT: 1) The City Council of the City of Gilroy finds that the remaining 95.6 acres of the Conserved Property is sufficient acreage of Conserved Property available for its needs, including any possible build out of the Sports Park. 2) It is in the public interest to approve the attached agreement with Owner by which Owner will be granted the right to use 12.8 acres of the Conserved Property for its own agricultural mitigation. 3) The compensation from Owner in the Agreement is based on an appraisal of the property rights at issue as well as Owner’s pro rata share of the stewardship fee that was paid to the Land Trust to manage the Agricultural Conservation Easement. 4) The Agreement with Owner attached hereto as Exhibit A is hereby approved and the City Administrator is authorized to execute said agreement. PASSED AND ADOPTED this 18th day of November 2024 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: APPROVED: ______________________________ Marie Blankley, Mayor ATTEST: ________________________ Beth Minor, Interim City Clerk Docusign Envelope ID: 14F090BE-AF7C-4487-A971-D93A7BC7ED90 Resolution No. 2024-56 Renz Lane Project Agricultural Mitigation City Council Regular Meeting | November 18, 2024 Page 3 of 3 CERTIFICATE OF THE CLERK I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2024-56 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 held on Council held Monday, 18 November 2024, with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19 November 2024. ____________________________________ Beth Minor Interim City Clerk of the City of Gilroy Docusign Envelope ID: 14F090BE-AF7C-4487-A971-D93A7BC7ED90