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Resolution 1997-15 . . <' RESOLUTION NO. 97-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 96-06, A TENTATIVE MAP WITH RESIDENTIAL LOTS ON APPROXIMATELY 2.456 ACRES LOCATED ADJACENT TO SANTA TERESA BOULEVARD, APN 808-01-004 WHEREAS, Jerry D. Moen (~Applicant") submitted TM 96-06, requesting Tentative Map approval in order to subdivide a 2.456 acre parcel into eleven residential lots zoned R1 (Single Family Residential); and WHEREAS, the property affected by TM 96 is located adjacent to Santa Teresa Boulevard, with access provided by Cypress Court and Ponderosa Drive; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") an Initial Study was prepared for this project which identified potentially significant effects on the environment, however the Applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur; and WHEREAS, in accordance with CEQA a Negative Declaration with 7 mitigation measures and a mitigation monitoring program has been prepared; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 6, 1997, at which it considered this project and voted to recommend adoption of the Negative Declaration as completed in compliance with CEQA and reflecting the independent judgment of the City and recommended approval of this project to the City Council with 15 conditions set forth in the staff report for the project dated January 23, 1997 that is attached hereto as Exhibit A, and which is incorporated herein by this reference, WHEREAS, the City Council held a duly noticed public hearing on February 18, 1997, at which public hearing the City Council considered the public testimony and other documentation on \RPJ\33348901 73-030504706002 -1- RESOLUTION 97-15 . . .' the project; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this proj ect approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan map, and it is consistent with the intent of the text, goals and policies of the General Plan documents; 2. None of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case; and 3. There is no substantial evidence that the project as mitigated may have a significant effect on the environment. B. The Negative Declaration is adopted as completed in compliance with CEQA and reflecting the independent judgment of the City, and the mitigation/monitoring program associated therewith is adopted. C. TM 96-06 should be and hereby is approved, subject to the 15 conditions set forth in the staff report dated January 23, 1997, and an additional Condition #16 which shall require: "The developer shall construct a fence along the portion of Cypress Court which abuts the property immediately to the south, subject to the review and approval of the Planning Division." IRPJ\33348901 73-030504706002 -2- RESOLUTION 97-15 . . .! PASSED AND ADOPTED this 3rd day of March, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: MAYOR ATTEST: .A'u&~ ' ~E E. STEINMETZ, \RPJ\33348901 73-030504706002 -3- RESOLUTION 97-15 . . Community Development Department Planning Division Staff Report EXHIBIT "A" January 23, 1997 File Number: TM 96-06 Applicant: Jerry D. Moen Location: Ponderosa Drive at the terminus of Cypress Court Staff Planner: Melissa Durkin REQUESTED ACTION: Approval of a tentative map for a subdivision of 11 residential lots. . DES_CRI.eTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 808-01-004 2.456 acres "B" , Panel # 060 340 0001 C Panel Date: 10/06/81 STATUS OF Plill~: ExistingLaruLUse Single Family Home/Ranch General Plan Designation High Density Residential Zoning Rl SIAIUROE SURROUNDING PROPERTY: ! Existing Land Use N: Undeveloped S: Single Family Home E: Orchard W: Santa Teresa Blvd./Undev. General Plan Designation General Services Comm. High Density Residential Med. Density Residential Expressway/MDR Zoning C3-PUD Rl R2/R3 Al . . TM 96-06 2 1/23/97 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document~ This project conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urban Development and Community Design (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given. " The proposed project is in conformance with this policy, because this land has been within City limits for many years. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion. " The proposed project is in conformance with this policy, because this property is in close proximity to developed residential property. Municipal services are currently available at this site. ENYlRONMENT AL IMPACTS: NEGATIVE DECLARATION An expanded Initial Study has been prepared for this project. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. A Negative Declaration with 7 mitigation measures (see attached) has been prepared for this project. ~ RnO~ACKGROUND: This project consists of the development of 11 homes, which will be constructed in two phases over a three year period. Zoning Ordinance section 50.62 (b) (1) allows projects which produce 12 residential units or fewer within a three year period to be exempt from the requirements of the Residential Development Ordinance. . . TM 96-06 3 1/23/97 ANALYSIS OF REQUEST: This proposed tentative map will subdivide a 2.456 acre site into 11 lots. This site has a zoning designation ofRl (Single Family Residential), and is planned to be subdivided into lots ranging in size from 6,007 square feet to 7,789 square feet. The Tentative Map shows the first phase of this development adjacent to Santa Teresa Boulevard, with the second phase adjacent to the eastern property boundary. Access to this development will be provided by Cypress Court and Ponderosa Drive, which are both local streets. The proposed tract map configuration shows Cypress Court extending through to this project. The street alignments are consistent with minimum City development standards. Sound Attenuation Issues Sound attenuation will be required to buffer the homes constructed on this site from the traffic noise generated along Santa Teresa Boulevard. Typically, a sound wall would be used as a sound barrier, however, the City's recently adopted Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor requires that alternative mechanisms be researched, in order to preserve the aesthetics of the Santa Teresa Boulevard corridor. The potential methods for sound attenuation are ranked in the following order: 1. Increase building setbacks from road way 2. Utilize natural topography 3. Landscaping 4. Earthen-berms 5. Berms with short aesthetic sound walls 6. Frontage roads 7. Combination of the above 8. Sound walls An acoustical analysis has been prepared by Brown-Buntin Associates, Inc. (included in the initial Study) which analyses the above methods. This study found that the required sound attenuation could be achieved using the following methods: A. B. e. D. Earthen-berms Berms with short aesthetic sound walls Combination of berm and landscaping, or berm with short sound wall and landscaping Sound wall ! After further review, it has been determined by staff that option A is not feasible, due to the fact that this property is not large enough to accommodate a 7 foot high berm at the required slope (typically 2: 1). Berms with higher slopes cannot maintain landscaping, due to the fact that irrigation water drains prior to absorption. . . . TM 96-06 4 1/23/97 Based on this analysis, staff recommends that option C be used. Staff further recommends that the applicant be allowed to use a 7 foot high soundwall, with a berm and landscaping on the side facing Santa Teresa Boulevard, rather than using a berm with a short sound wall on top. The reasons for recommending this option are: 1. The visual impact along Santa Teresa will be the same in both situations; 2. Using a berm with a soundwall on top will allow easy access to the rear yards of this property. This threat is enhanced by the fact that there will a recreational trail adjacent to these rear yards. The likely result is that residents would construct a barrier on top of the sound wall, the aesthetics of which could not be controlled; 3. Using a berm with a soundwall on top will reduce the rear yard for the residents. This yard area has already been reduced significantly due to the fact that a 25 foot dedication is required for the Santa Teresa Boulevard recreation trail. It is also recommended that the soundwall have an enhanced architectural design. This proposed design was presented to the Santa Teresa Corridor Task Force, and was approved by that committee. OakTrees An arborist report has been prepared for this project, and is included in the Initial Study. The only species of significance on this site is oak (Four oak trees are located on site.). It has been determined by the arborist who prepared this report that the three oak trees which are located between lots two and three can be removed, since they are immature trees, and their separation from the oak woodland to the west causes them to be insignificant. The fourth oak tree is located within the area which will be dedicated to the City for the Santa Teresa Boulevard recreation trail, and therefore will not be affected by this project. SantaIeresaBllu.leYardRecreatioILIrail The Tentative Map shows a strip ofland along the western property boundary which will be dedicated to the City. This land is proposed to be used for the Santa Teresa Boulevard recreation trail. It is unknown at this time what the ultimate width of this trail will be, therefore, the applicant is proposing a 25 foot wide dedication, to conform to the width of land dedicated by the Kaufman and Broad development south of this site (adjacent to Thomas Road). '!c Proposed house designs have not been submitted for this project. This project consists of standard size lots, and is not in a Planned Unit Development overlay district. Therefore, the designs of the homes will be reviewed and approved at a staff level. As submitted, this project is consistent with the intent of the City's General Plan text and Land Use Map, Zoning Ordinance, Subdivision and Land Development code, State Subdivision Map Act, and the Residential Development Ordinance. . . TM 96-06 5 1/23/97 ST AFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of APPROVAL of this request to the City Council for the following reasons: A. The project proposal is consistent with the exemption from the Residential Development Ordinance permitted under Zoning Ordinance section 50.62 (b) (1); B. The proposed tentative map is consistent with the intent of the goals and policies of the City's General Plan document; C. The proposed development is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act; D. Public utilities and infrastructure improvements needed in order to serve the proposed project are adjacent to the project site; and E. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. Iaaddition~aff.r.ecommends the following conditions be placed on the approval of thkreque'st: 1. Mitigation Measures 1 through 7 contained within the Negative Declaration for this project shall be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. 2. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and Environmental Safety Division, prior to the issuance of any building permits. The minimum fire flow shall be 1000 gallons per minute. 3. Fire hydrants shall be installed and able to be opened prior to the start of combustible construction, subject to approval by the Building, Life and Environmental Safety Division. 4. An all-weather fire access road shall be provided and maintained prior to commencement of combustible construction (minimum 20 foot width), subject to approval by the Building, Life and Environmental Safety Division. ! 5. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 6. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. . . TM 96-06 6 1/23/97 7. All street improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 8. All retaining walls must be constructed of permanent materials such as concrete or masonry. Wood shall not be permitted. This shall be subject to review and approval be the Engineering Division. 9. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the approval of the Engineering Division. 10. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 1 L The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. 12. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 13. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 14. Provisions shall be made by the developer for a fUnding mechanism for the maintenance of the sound wall and landscaping in the public right-of-way, subject to review and approval by the Community Services Department and the Engineering Division. 15. The applicant shall construct a 7 foot high soundwall, with a berm and landscaping located on the side facing Santa Teresa Boulevard. This sound wall shall be architecturally enhanced. ~~ William Faus Planner III ! TM 96-06 2-6-97 AYES: NAYES: ABSENT: . . 7 2/6/97 At their meeting of February 6, 1997, the Planning Commission, by a vote of 6-0-1 (Commissioner Puente was absent), recommended adoption of the mitigated Negative Declaration as completed in compliance with CEQA and reflecting the independent judgment of the City. By a vote of 6-0-1 (Commissioner Puente was absent), the Planning Commission also recommended approval ofTM 96-06 with 15 conditions as set forth in the staffreport. (Voice Resolution #97-02). COLLIER, ARELLANO, BLANKLEY, LA!, PINHEIRO, TINSLEY NONE PUENTE ! . . q~-Ck If you have any questions regarding the proposals, we encourage you to contact the Planning Department prior to the hearing, You have the right to appear at the hearings. You may also send in any comments you have on the proposal. CASE NO. TM 96-06 RECEIVED JAN 2 11997 "",I do not have any objections to these requests. _I do have objections to these requests. Comments: Gilr:ay.Ba n n i n g.JJ iv. Signature & Date ~ ) Print Name & Address '-. I c. '! ~~::-. ". .) ... ...... '.~:.:..I ~~.:~. :/... ~S".~<:\07 i.,:.: ;.: .:;; ~SE ::: ~ .... .'. I i.': ':i '1(:. '. ;"" ~.~ 'I( ~ .... ~ ~ ~ ! . ~ ..... 'I' c..,. ... ~ r\ O~/ s; c.'f,.-- i ( / I ') ) ~Y ',./ G (f) < CI) w a: w I- I R L < I- Z < CI) LOCATION MAP FOR TM 96-06 . .. Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna 5t. Gilroy, CA 95020 (408) 848-0440 City File Number: TM 96-06 frojec1llescriptinn: Name of Project: Nature of Project: Ponderosa Drive Tentative Map Request to subdivide one 2.456 acre parcel into 11 residential lots, ~d perform d,esign review of the homes resulting from this subdivision. frojec.t Location: Location: Northwest Comer of Ponder os a Drive and Cypress Court, along Santa Teresa Boulevard Assessor's Parcel Numbers: 808~01-004 Entity or Person(.s) Undertaking Proj<<t: Name: Address: Jerry D. Moen 195 Aromas Road, Aromas, CA 95004 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. ~ Eindings~easons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) .. . Preliminary Negative Declaration TM 96-06 2 12/17/96 to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these fmdings: 1. The proposal is a logical component of the existing land use of this area 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the CitY of Gilroy. Mitigation lVleasures: .. 1. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject tQ review and approval by the City Building, Life and Environmental Safety Division, prior to issuance of a building permit. 2. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated into. the final improvement plans and shall be reviewed and approved by the City Engineering Division prior to approval of the fmal map. The purposes of the soils investigation are to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 3. The developer shall be responsible for incorporating the following noise-attenuation measures during construction of the proposed project to protect noise-sensitive land uses against the encroachment of obtrusive or excessive levels of noise, subject to the review and approval of the City building Department and the City Planning Department prior to the issuance of a building permit. These measures include: ~ a Limit construction hours on weekdays between 7 am. and 10 p.m. Limit construction hours on weekends between 9 am. and 10 p.m. b. Use temporary berms or noise attenuation barriers where feasible. 4. The developer shall construct a 7-foot high barrier along the entire length of the west property line, connecting 6-foot high barriers extending east to enclose Lots 1 and 6. The barriers shall be without gaps or openings, and shall be constructed of concrete blocks, tilt-up . . Preliminary Negative Declaration TM 96-06 3 12/17/96 concrete panels, stucco on both sides of a wooden frame or an earthen berm. A combination of berm and wall may also be used to achieve the total required height of the noise barrier. The design of the barrier shall be submitted for the review and approval of the City Building Department and the City Planning Department prior to the issuance of a building permit. 5. The developer shall design a seven foot (7') soundwall or soundwall/berm combination showing interesting surfaces, including landscaping on the west side of the barrier, subject to the review and approval of the city Building Division and the city Planning Division prior to the issuance of a building permit. 6. Prior to the issuance of a building permit, the developer shall have the road side of the barrier landscaped as approved by the City Planning Department 7. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permitS for the future development, pursuant to the review and approval of the City Planning Department: If archaeological resources.or human remains are discovered during construction, work shall be halted within 150 feet of the fmd until it can be evaluated by a qualified professional archaeologist. If the fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Date Prepared: December 17, 1996 End of Review Period: q'anuary 13, 199'1 Date Approved By City Council: William F aus, Planner III ! il II II II II I II II II I) '-I II ~ ~ ~ ~ I ~ J . Ponderosa Drive Subdivision Initial Study . Appendix D - Mitigation Measure Checklist Mitigation Monitoring Checklist Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 1 The project shall be designed in accordance with Developer Building earthquake design regulations of the Uniform Division Building Code, subject to review and approval by the city Building, Life and Environmental Safety Division. 2 A soils investigation shall be prepared for the Developer Building project by a qualified soils engineer. The Division recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the city Building Division prior to approval of the final map. The purposes of the soils investigation are to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 3 The developer shall be responsible for Developer Building incorporating the following noise-attenuation Division measures during construction of the proposed project to protect noise-sensitive land uses against the encroachment of obtrusive or excessive levels of noise, subject to the review and approval of the city Building Division and the city Planning Division prior to the issuance of a building permit. These measures include: a. Limit construction hours on weekdays between 7 a.m. and 10 p.m.. Limit construction hours on weekends between 9 a.m. and 10 p.m. b. Use temporary berms or noise attenuation barriers where feasible. !:. EMCPlllnning Group Inc. D-3 .- . . Appendix D - Mitigation Measure Checklist Ponderosa Drive Subdivision Initial Study The developer shall construct a (seven) 7-foot high Developer Building 4 barrier along the entire length of the west property line, connecting 6-foot high barriers extending east Division to enclose Lots 1 and 6. The barriers shall be without gaps or openings, and shall be constructed Planning of concrete blocks, tilt-up concrete panels, stucco Division on both sides of a wooden frame or an earthen berm. A combination of berm and wall may also be used to achieve the total required height of the noise barrier. The design of the barrier shall be submitted for the review and approval of the city Building Division and the city Planning Division prior to the issuance of a building permit. 5 The developer shall design a seven foot (7') Developer Building soundwall or soundwall/berm combination showing interesting surfaces, including Division landscaping on the west side of the barrier, subject to the review and approval of the city Building Planning Division and the city Planning Division prior to Division the issuance of a building permit. 6 Prior to the issuance of a building permit, the Developer Planning developer shall have the road side of the barrier Division landscaped as approved by the city Planning Division 7 Due to the possibility that significant buried Developer Building cultural resources might be found during Division construction, the following language shall be included in any permits issued for the project site, Planning including, but not limited to building permits for Division the future development, pursuant to the review and approval of the city Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 150 feet of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. D-4 EMC Planning Group Inc. ~ . January 20, 1997 RECE\\JEO J~N 2, 1 1997 . O\\J G\\fO~ p\annmg . A Land Use Planning and Design Firm Ms. Melissa Durkin Gilroy Planning Division 7351 Rosanna Street Gilroy" California 95020-6141 Re: Ponderosa Drive Subdivision (TM 96-06) Response to Comments Dear Ms. Durkin: The public review period for the Gilroy Garden Apartments Initial Study and Negative Declaration ended on January 13, 1997. During the public review period, a letter was received from the following: · Santa Clara Valley Transportation Authority, dated January 8,1997 This letters contains a comment on the location of the nearest bus stop and access from the project site. The SCVT A requested that the project proponent install the sidewalk and wheelchair curb ramp improvements as shown on the project plans. As this is part of the proposed project, and will be designed to meet city specifications, no response to comments is necessary. If you have any questions regarding this letter, please contact me. I have enclosed a final invoice for this project. It has been a pleasure working with you. Sincerely, ~4 Mystere Sapia Planner Enclosures SCVT A letter Final Project Invoice 99 Pacific St · Suite 155 F · Monterey, CA. 93940 · (408) 649-1799 January 8. 199i . REceIVEr- JAN 1 0 1997 Gilroy Planning Div. ~;- v: 'rr~n~;';arlon Authority City of Gilroy Planning Department ;351 Rosanna Street Gilroy, CA 95020-6141 Attention: Melissa Durkin Subject: File No. TM 96-06 I Ponderos3 Drive Subclivisiol'l Dear M!i. Durkin: Santi." Clara Viilley Tmosportation Amhorit)' (VTAl staff have r~vi~wed the itutial study/preUminary neg&tive declaration and tentative site developmel'lt plan for the abo....e referenced proposal for 11 sir:g.le-family residences on a 2.45-acre lot on ~he east side of Santa T ~resa Boulevara, 500 feet south Hecker Pass Highway. \/T A operates bus service on S.l.ma Teresa BO:.llev~U'd. Fir-st Street. 2nd Wesnvood Drive in the area of the proposed projeCt. How~'.'e:. the deve!opmen~ does ~'lol bave d:rect access to First S~et or Sar:ta Teresa Boulevard. As ~ result, th~ nearest bus Stop r.hnr ~an ~,: ac'cessed from the projec.t is loca:ed approximately lSC{) feet away on Westwood Drive at Juniper Drh'e. Th=refore. sraff encourage the developer to impiement the planned sidewalk and wheelchair curb ramp improvements in order to provide convenient pede~trian access to tr-cIIlsit. Thank you for the opportunity to r:view this project If you h'lve <u1y questions. please call Roy Molsced of my staff at (408) 32:-5784. n e Environmental progfam Manager roR:R..\Hjt ~ JJU ,",nr..~ I'''m 1m"" . hn JIU~. (..: PJIJ.../90" 'IItf"".~I!lr:J.'iM 1:lI.J.P/ rrr~. /. t'. . ~..J.,.J a:'!!",er ;,em~~ tdl.1,: "1M TOTAL P.02 . . I, RHONDA PELLIN, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-15 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of March, 1997, 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 10th day of March, 1997. (Seal)