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Resolution 2002-24 RESOLUTION NO. 2002-24 A RESOLUTION OF THE GILROY CITY COUNCIL ADOPTING A STATEMENT OF FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION WITH THE SANTA TERESA BOULEVARD ROADWAY IMPROVEMENTS PROJECT AND ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SANTA TERESA BOULEVARD ROADWAY IMPROVEMENTS PROJECT. WHEREAS, the Gilroy City Council has received a request from the Community Development Department of the City of Gilroy for consideration of implementation of the Santa Teresa Boulevard Roadway Improvements Project (the "Project"); and, WHEREAS, the City of Gilroy is the lead agency for the preparation and consideration of environmental documents for said Project, as defined in the California Environmental Qnality Act of 1970, as amended, (hereinafter, "CEQA") and the State of California Gnidelines for the Implementation of the Califomia Environmental Quality Act (hereinafter, "State Guidelines"); and, WHEREAS, said Project is subject to compliance with the provisions of CEQA and the State Guidelines since said Project requires certification of an Environmental Impact Report (EIR) by the of the City of Gilroy and may require the following discretionary actions by the City of Gilroy: (i) approval of final plans and contract documents. The Project may also require the following discretionary actions by other state, regional, and local agencies: (i) approval of an encroachment permit from the Santa Clara Valley Water District; (ii) approval of an encroachment permit from the California Department of Transportation; and (iii) approval of a National Pollutant Discharge Elimination System Permit from the Regional Water Qnality Control Board; and, WHEREAS, the Community Development Department of the City of Gilroy has prepared, or cansed to be prepared, an Environmental Impact Report (EIR) for the Project, a proposed Project located along the right-of-way of Santa Teresa Boulevard between First StreetlHecker Pass Highway and Day Road (east) within the City of Gilroy; and, WHEREAS, the EIR has been completed in compliance with the California Environmental Quality Act (CEQA) of 1970, the Gnidelines as promulgated by the State Secretary of Resources and the procedures for review as set forth in the City of Gilroy Guidelines for Preparation of Environmental Documents; and, WHEREAS, the City of Gilroy as lead agency, and the Gilroy City Council as the approving body has consulted with other affected agencies, and the general pnblic and having given them an opportunity to comment on said EIR as reqnired by the provisions of CEQA and the Stale Guidelines by distribnting copies ofthe EIR; and, WHEREAS, the City of Gilroy as lead agency, and the Gilroy City Council as the approving body has evaluated the comments received from public agencies and persons who reviewed the Draft EIR and has prepared responses to the comments received during the public review period; and, WHEREAS, said comments and recommendations received on the Draft EIR, either verbatim or in summary, a list of persons, organizations and public agencies commenting on the Draft EIR, and the responses of the City of Gilroy to significant environmental points raised in the review and consultation process including public hearings have been attached to and made a part of said Draft EIR to form the Final EIR for said Project as reqnired by Section 15132 of the State CEQA Gnidelines; and, \JH\549362.1 01.()41004706002 -1- Resolntion No. 2002-24 WHEREAS, said Final EIR was presented to the City of Gilroy Council for review and consideration prior to the final approval of, and commitment to, said Project; and, WHEREAS, the Gilroy City Conncll desires and intends to use the Final EIR for the Project as the environmental docnmentation required by CEQA and the State Gnidelines for each of the above- referenced discretionary actions to the extent anthorized by the law; and, WHEREAS, the City of Gilroy City Council on November 5, 2001 certified that as the decision- making body, it reviewed and considered the information contained in the Final EIR, and other information in the record and found that the Final EIR had been completed in compliance with CEQA and reflected the independent jndgillent and analysis of the City of Gilroy as lead agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that the Gilroy City Council adopts the attached Statement of Findings of Fact and Statement of Overriding Considerations for the Santa Teresa Boulevard Roadway Improvements Project, a copy of each of which is attached hereto marked Attachment I, has been completed in compliance with CEQA, and the State CEQA and City Guidelines, and the City Conncll incorporates said Attachments herein by this reference as if set forth in full herein. BE IT FURTHER RESOLVED that pnrsuant to ~ 21081.6 of the Public Resonrces Code, the Gilroy City Council hereby adopts that certain monitoring program described as the "Mitigation Monitoring and Reporting Program for the Santa Teresa Boulevard Roadway Improvements Project," a copy of which is attached hereto marked Attachment 2, and the Community Development Department of the City of Gilroy incorporates said monitoring program herein by this reference as if set forth in full herein, and has inc1nded in their entirety and mitigation measnres in the Mitigation Monitoring and Reporting Program as conditions of approval required for implementation of the Santa Teresa Boulevard Roadway Improvements Project. PASSED AND ADOPTED this 15th day of April, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: -7h~ ~. ThornasW.Springer, yor ATTEST: 2.....-. ~~62' .'. / -.; ~1.. ~__' Rho da PeUin, City Clerk \.JH\549362.1 01.041004706002 -2- Resolntion No. 2002-24 U4/~U/U~ n&~ U~:~~ rAA ~UO~dO.~.D ~~""""".,I,..'';'',I'l. "'" .......~.' Attaehment 1 SANTA TERESA BOULEV ARD ROADWAY IMPROVEMENTS PROJECT ElK STATEMENT OF FINDINGS AND FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS Sanla Teresa Boulevard Roadway Improvements Project Stak:mcnt of Findings and Facts and Statement of Overriding Coosiderations 11 U~/~U/U. nL~ UD.~U C4A ~UOO~Q.~.D .....n..........'........... ..................' 4.0 EFFECTS DETERMINED TO BE NOT SIGNIFICANT OR MTIlGATED TO A LESS- THAN-SIGNIFICANT LEVEL 4.1 Hvdrolo2V 4.1.1 Potential Significant Im.pacts The Final EIR identified one significant but mitigable impact related to hydrology that would occur as a result of the implementation of the proposed Project. Section 3.2 of the Final EIR provides a discussion of this impact. The cumulative impacts associated with hydrology are discussed in Section 4.0 of the Final EIR. The significant hydrology issue that is relevant to the proposed Project is surface water quality. Water quality impacts could result from ground water contamination resulting from demolition and construction activities, as well as from the additional discharge of pollutants from the roadway into local and regional receiving waters, such as South Morey Creek Channel, the North Morey Creek Channel, and the Lions Creek Channel. The hydrology impacts identified in the Final EIR are considered significant but mitigable. 4.1.2 Findings Changes or alterations have been required in, or incOIporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.1.3 Facts in Support of Findings The proposed Project may increase the potential of storm water runoff transporting water contaminants from impervious surfaces into natural drainages. These contaminants are expected to primarily consist of oil and grease, and to a lesser extent heavy metals and toxic chemicals (brake lining wear, diesel fuel, tire wear, etc.). The Clean Water Act as implemented by the Environmental Protection Agency regulations stipulate that all construction activities that disturb more than five acres of land surface must have an NPDES permit. Since the Project construction area is greater than five acres, a NPDES permit would be required. The State Water Resources Control Board has been delegated the NPDES authority. The Project would be required to comply with the general permit conditions, including (1) submittal of a "Notice of Intent prior to start of work; (2) preparation of a Storm Water Pollution Prevention Plan prior to start of work; (3) implementation of a self-monitoring program; (4) submittal of annual reports and certification of compliance; and (5) payment of an annual fee. The Storm Water Pollution Prevention Plan would identify specific Best Management Practices to be included in the Project during construction and on a long-term basis. The following mitigation measure has been identified in the Final EIR, and would mitigate hydrology impacts associated with implementation of the proposed Project to less than significant levels. Mitit!ation Measure: The Project shall comply with the Clean Water Act including the National Pollutant Discharge Elimination System (NPDES) permit. (Less Than Santa Terco. Boulevard Roadway implovements Project Staterrn:nt of Finding, and Facts and StalemeDt of Overriding Considerations 12 . Significant Impact With Mitigation) 4.2 Air Ouality 4.2.1 Potential Significant Im.pacts The Project's potential impacts related to air quality are discussed in Section 3.5 of the Final EIR- The cumulative impacts associated with air quality are analyzed in Sections 3.5 and 4.0 of the Final EIR. The significant air quality issues that are relevant to the proposed Project are construction-related PM,o emissions, and cumulative increases in criteria pollutants as a result of the Project plus other. reasonably foreseeable projects in the City of Gilroy. The construction-related PM,o impacts identified in the Final EIR are considered significant but mitigable. There are no feasible mitigation measures that woud reduce cumulative air quality impacts to less than significant levels. Therefore, cumulative air quality impacts would be considered significant and unavoidable (refer to Section 5.0 of these Findings). 4.2.2 Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.2.3 Facts in Support of Findings The Project effects of grading, demolition and construction would include increased dustfall and locally elevated levels of PM,o downwind of construction activity. Construction dust . has the potential for creating a nuisance at nearby properties, particularly at the closest homes to Santa Teresa Boulevard. The generation of construction and demolition dust is considered to be a potentially significant localized and temporary impact of the proposed Project. Temporary grading, construction and demolition impacts would include: <- Particulate (fugitive dust) emissions from clearing and grading activities on-site; <. Exhaust emissions and potential odors from the construction equipment used on-site as well as the vehicles used to transport materials to and from the site; and exhaust emissions from the motor vehicles of the construction crew. The BMQMD encourages analysis of construction impacts by emphasizing implementation of effective and comprehensive control measures rather than detailed calculation of emissions. The BAAQMD. has identified control measures that if implemented would result in a less than significant impact. The applicable control measures for this Project are provided as. Mitigation below. Santa Teresa Boulevud Roadway Improvements Project Statement of Findings and Facts and Statement ofOverricling CODSideI1ltions 13 Miti~ation Measures: Project construction shall comply with all Bay Area Air Quality Management District (BAAQMD) rules and regulations. Dust-reducing measures shall include the basic control measures. (measures obtained from Table 2 ofthe BAAOMD CEOA Guidelines, April 1996), as follows: 1. Water all active construction areas at least twice daily. 2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. 4. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. 5. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. (Less Than Significant Impact With Mitigation) Additional impacts associated with air quality have been identified as significant and unavoidable in Section 3-5 of the Final ErR, and are discussed in Section 5 of this document. 4.3 Biolo2ical Resources 4.3.1 Potential Significant Impacts The biological resources addressed in Section 3.7 of the Final EIR included vegetation, wildlife, and sensitive species and habitats. Cumulative impacts associated with biological resources are addressed in Section 4.0 of the Final EIR The proposed Project would involve the removal of ruderal grassland, one oak tree, and roadway landscaping along Santa Teresa Boulevard. These effects would not be considered significant because these vegetation communities do not support special status species and are not protected by local laws and policies. Potentially significant environmental impacts related to the proposed Project include the impacts to burrowing owls, a special status species that may live in the area. The potential impact related to burrowing owls is considered significant but mitigable. 4.3.2 Findings Changes or alterations have been required in, or incoIporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR 4.3.3 Facts in Support of Findings There is potential habitat for the burrowing owl in the fallow agricultural field/grassland areas along Santa Teresa Boulevard. Impacts to burrowing owls would be considered significant. No other special status wildlife species would be impacted. The following mitigation would reduce potential impacts to wildlife species of special concern to a less than significant level- Santa Teresa Boulevard Roadway Improvements Project Statement of Findings and Facts and Slatement of Overriding Considerations 14 MitiE:ation Measure: Surveys shall be completed as per the recommended CDFG protocol. To determine if burrowing owls breed on or near the Project site, a burrowing owl survey shall be conducted between April 15 and July 15, as per current CDFG protocols. If burrowing owls are observed during the surveys, the extent of burrowing owl habitat outhe site shall be delineated by a qualified wildlife biologist. In addition, a burrowing owl mitigation plan shall be prepared that identifies activities to. avoid and or mitigate impacts to the species. This plan is subject to review and approval by CDFG and issuance of a Mitigation Agreement between the City and CDFG. Currently a 1:1 acreage replacement ratio is recommended by CDFG to offset permanent impacts to burrowing owl habitat. The land is. typically set aside in perpetuity either by a conservation easement or other mechanism. Construction activities shall also be scheduled to. avoid impacts to breeding animals (if present). If pre-construction surveys detect owls on the site during the non-breeding season, CDFG may authorize owl eviction following approval of a habitat mitigation plan and issuance of a Mitigation Agreement. (Less Than Significant Impact With Mitigation) 4.4 Cultural Resources 4-4.1 Potential Significant Impacts The Project's potential impacts related to Cultural Resources that can be mitigated to a less- than-significant level, or are otherwise not significant, are discussed in Section 3.8 of the Final EIR. The cumulative impacts associated with cultural resources are also. analyzed in Section 4.0 ofthe Final EIR. As noted in the Final EIR, the proposed Project could result in impacts to unidentified archaeological or cultural resources during construction activities on the Project site. Impacts related to unidentified archaeological or historical resources would be considered significant but mitigable. 4.4.2 Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 4.4.3 Facts in Support of Findings Native American archaeological sites in the Santa Clara Valley tend to be situated on alluvial terraces, especially near creeks or at the base of hills. The Project area is located on a terrace, north of Uvas Creek and another intermittent creek. Given the Project site's environmental setting, there is a high potential for Native American sites to. be discovered during Project construction. In addition, there is a moderate possibility of discovering historic artifacts during Project construction, since studies have identified possible historic resources around the Project U~/~U/U. nLV UD.~~ ~~ ~VODuQ_wID Santa Teresa BoolevlUd Roadway Improvements Project StalCmcnI of Findings and Facts and StatCIIlerlt of Overriding Considerations 15 ............".........'.......".... ...............' area. Disturbance of unidentified C'ultural resources would result in a potentially significant impact. Mitieation Measure: A qualified archaeologist shall monitor all earth moving activities within native soil. In the event that archaeological and historic artifacts are encountered during Project construction, aU work in the vicinity of the find will be halted until such time as the find is evaluated by a qualified archaeologist and appropriate mitigation (if necessary) is implemented. In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the foUowing steps will be taken: 1. There shaU be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (1) The coroner of the county in which the remains are discovered must be contacted to determine that no. investigation of the cause of death is required, and (2) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public resources Code Section 5097.98, or 4. Where the following conditions occur, the landowner. or. his authorized representatives shall rebmy the Native American human remains and associated grave goods with appropriate dignity on the property in a location nor subject to further subsurface disturbance. (e) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. The descendent identified fails to make a recommendation; or (D) Sonia Teresa Boulevard R.oadway Implovcmcnts Project Staternmt of Findings and Facts and Statement ofOvcrriding Considerations 16 (E) The City or their authorized representative rejects the recommendation of the descendent, and the mediatioD by the Native American Heritage Commission fails to provide measures acceptable to the City. (Less Than Significant Impact With Mitigation) 4.5 Hazardous Materials 4.5.1 Potential Significant Impacts The Project's potential impacts related to hazardous materials are discussed in Section 3.10 of the Final EIR. The cumulative impacts associated with hazardous materials are analyzed in Section 4.0 ofthe Final ElK As descnbed in the Final EIR, the proposed Project could result in potentially significant impacts related to undocumented hazardous waste in the area. Construction activities could result in the discovery of unidentified hazardous materials that were improperly disposed of at the Project site. The improper handling and disposal of such unidentified hazardous materials could result in potentially significant impacts. This impact is considered significant but mitigable. 4.5.2 Findings Changes or alterations have been required in, or incoIporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final ElR. 4.5.3 Facts in Support of Findings Historic agricultural uses may have contributed to undocumented hazardous materials on the Project site. Improper handling and disposal of these previously unidentified materials would result in a health risk to people, which would be considered a potentially significant impact unless mitigation is incoIporated. The following mitigation measure would reduce potential impacts to unidentified hazardous materials to less thaD significant levels: Miti2ation Measure: In the event that an unknown waste or debris is discovered during construction/grading activities by the contractor which is believed to involve hazardous waste and/or materials, the contractor shall: 1. Immediately stop work in the vicinity of the suspected contaminant, and remove workers and the public from the area; 2. Notify the Resident Inspector; 3. Secure the area as directed by the Resident Inspector;. and 4. Notify the City of Gilroy Hazardous Waste/Materials Coordinator and the Gilroy Fire Department. (Less Than Significant Impact With Mitigation) Santa T ere", Boulevard Roadway Improvcmcnts Projcet S18t=t of Findings and Facts ond Statcxm:nt of Overriding Considerations 17 ...oa'....",..... II......... .........._ .......... ...-~~...~__._. 5.0 SIGNIFlCANT ENVIRONMENTAL EFFECfS wmCH CANNOT BE FULLY AVOIDED IF THE PROJECT IS IMPLEMENTF.n Section 3.0 of the Final EIR provides a description of the potential environmental impacts of the proposed Project, and recommends mitigation measures. to reduce impacts to less- than-significant levels, where possible. After implementation of the recommended mitigation measures, two impact areas: Air Quality and Noise, have impacts associated with the proposed Project which would remain significant and unavoidable. 5.1 Air Ouality 5.1.1 Significant and Unavoidable Im.pacts The Project's impacts related to air quality that are considered significant and unavoidable are discussed in Sections 3.5 and 6.0 ofthe Final EIR As discussed in the Final EIR, the proposed Project, in combination with other pending, approved, and potentially foreseeable projects in the area would result in significant cumulative air quality impacts. There are no feasible mitigation measures that would mitigate the Project's contribution to cumulative air quality impacts to less than significant levels. 5.1.2 Findings Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives as identified in the Final EIR. 5.1.3 Facts in Support of Findings Cumulative increases in criteria pollutants as a result of the Project, plus other reasonably foreseeable future projects, may substantially affect regional air quality. The BAAQMD CEQA Guidelines states that the cumulative impact analysis should consider the combined impacts of the proposed Project and past, present and reasonably anticipated future projects. The Project would have a significant cumulative impact if these combined impacts would exceed any of the thresholds established for Project operations.. Section 4.2 of the Final EIR, Cumulative Projects, provides a list arid description of cumulative projects along the Santa Teresa corridor. If all the cumulative projects are approved, 1120. new residential units would be constructed within the Santa Teresa corridor. The BAAQMD CEQA Guidelines indicate that projects with over 375 single family units or 530 apartments would result in potentially significant emissions of carbon monoxides. Though the Project, by itself, would not exceed air quality thresholds, the combination of the Project with the other cumulative projects would generate significant emissions. No feasible mitigation measures for the Project would reduce cumulative air quality impacts to a less than significant level. 5.2 Noise 5.2.1 Significant and Unavoidable Impacts The proposed Project's impacts related to noise, that are considered significant and unavoidable are discussed in Section 3.6 and 6.0 of the Final EIR. As described in Section 3.6 of the Final EIR, the construction of the proposed Project would generate construction noise that would negatively effect the residential units that are located adjacent to Santa Teresa Boulevard. Future noise levels along Santa Teresa Boulevard would also increase as a result of the proposed Project due to an increase in traffic along the roadway. These impacts are considered significant and could be reduced by implementation of mitigation measures. However, the impacts would not be completely reduced to less than significant levels and significant and unavoidable impacts would occur. Santa Teresa Bowevard Roadway Improvements Project Statement of Findings and Facts and Statement of Overriding Considerations 18 5.2.2 Findings Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives- as identified in the Final ElR. 5.2.3 Facts in Support of Findings The Project would result in noise levels that exceed the City of Gilroy's interior and/or exterior residential noise criteria. Traffic volumes along the Santa Teresa Boulevard Project area are projected to increase by 124 to 301 percent in the future. The projected average daily traffic for each Santl'l Teresa roadway segment includes 29,000 vehicles between First Street and Welbum Avenue, 31,000 vehicles between Welbum Avenue and Mantelli Drive, 27,000 vehicles between Mantelli Drive and Longmeadow Drive, and 31,000 vehicles between Longmeadow Drive and Day Road (east). With these future traffic levels, interior noise levels in the homes along Santa Teresa Boulevard would range from 39.95 to 60.27 dBA. Exterior noise levels would range from 58.42 to 74.68 dBA. These noise levels would exceed the City of Gilroy's standards and policies for interior and exterior noise levels and therefore, mitigation measures would be required. Mitie:ation Measure: Sound walls are proposed along Santa Teresa Boulevard to achieve the City's interior and exterior noise policy at 18 of the 25 receptor locations. The remaining 7 receptor locations would be exposed to noise levels exceeding the City's criteria. (Significant And Unavoidable Impact) The sound wall heights for residential properties along Santa Teresa Boulevard that would be required to achieve the City's interior and exterior noise criteria are provided in Table 3.6-5 of the Final EIR. Where the exterior noise level was within 1 dBA of the City's criteria of 60 Ldn and the interior noise level was within 3 dBA of the City's criteria, the existing sound wall is not proposed to be replaced. In these cases the replacement sound wall would be equal to or less than I-foot, 3-inches higher than the existing sound wall. The benefit of a slightly higher sound wall does not justify the additional cost to. the City and the inconvenience to the resident that would occur during removal of the existing sound waIl and construction of a new sound wall. This is the case for Receptor 19. As described in Section 3.6 of the Final EIR, Receptors 21, 22, 23, 24, and 25 are individual single family dwellings with driveways fronting onto Santa Teresa Boulevard. Sound walls. would not be Santa Tercsa Boulcvllrd Roadway Improvements Project Stan.ment of Findings and Facts and Stalement of Ovcrriding Considerations 19 effective at these locations hecause the gaps required for the driveways and sight lines for Santa Teresa Boulevard would substantially reduce the attenuation of sound walls at these locations. Therefore, sound walls have not heen proposed at those locations. The locations of the proposed sound walls are shown in Exhibits 3.6-3A, 3.6-3B, and 3.6-3C of the Final EIR. In sections where there are more than one receptor for which the sound wall heights were calculated, the height of the sound wall would vary in height by transitioning from one height to the other. Instead of constructing sound walls, a noise insulation program could be implemented that would include replacing exterior windows and doors that face Santa Teresa Boulevard. However, this would not reduce exterior noise impacts to backyard areas. The construction of new and higher sound walls would benefit the majority of residents along Santa Teresa Boulevard. However, new sound walls would not be constructed at several locations (refer to Section 2.6 of the Final EIR) because they would only create.a minor benefit, which would not justify the high construction costs of the sound walls. Therefore, a significant and unavoidable traffic noise impact would occur. During construction, noise levels along Santa Teresa Boulevard would increase substantially due to. site preparation and other construction activities. The construction of sound walls on adjacent residential properties would also cause a significant increase in noise levels. While noise impacts would be short term, a substantial temporary increase in noise levels would occur. The highest noise levels during construction would involve grading of the site with heavy equipment. Typical grading equipment (e.g., graders and dozers) can generate noise levels that range from 70 to 95 dBA at a distance of 50 feet away depending on the individual piece of equipment and the activity it is engaged in at the time. Because noise sensitive residential dwellings are immediately adjacent to the Project site, noise impacts would be significant. Construction of the traffic noise mitigating sound walls would require the demolition of the existing sound walls, the construction of new foundations for the proposed sound walls, and the construction of the new sound walls. These construction activities would generate substantial construction noise levels adjacent to residences.r Mitie:ation Measure: To minimize the Project's noise impacts, construction activities would be restricted to the City of Gilroy's recommended time periods: Weekdays: Saturdays and City holidays: 7:00 am to 7:00 .pm 9:00 am to. 7:00 pm Sanla Teresa Boulevard Roadway Improvements Project Statement of Findings and Facts and Statement of Overriding Considerations 20 Sundays: No construction activity allowed Restricting the hours of construction as identified would only partially mitigate this significant construction noise impact. No mitigation measures are feasible that would reduce this temporary short-term noise impact to a less than significant level. (Significant and Unavoidable Impact) Restricting construction activities to the time periods identified above would still result in a substantial increase in noise levels and a significant construction noise impact. Construction noise impacts would occur over an approximate seven month period. Because residential dwellings are adjacent to the roadway improvements and the construction of sound walls would occur in backyards of existing residences, this impact is significant and unavoidable. However, once the sound walls are in place, construction noise levels would be reduced substantially. Sant!l Teresa Boulevlltd Roadway Improvcmr::ntJl Projcct Statement of Findings and Facts and S!atemenl of Overriding ConsideratiollS 21 6.0 ALTERNATIVES TO THE PROPOSED PRO.JECT 6.1 No Proiect Alternative 6.1.1 Description of Alternative The No-Project Alternative assumes that no future development of the proposed Projcct would Occur. Therefore, under this alternative, no forcseeable altenrlons, modifications, or improvements to Santa Teresa Boulevlltd would take place. The section of Santa Teresa Boulevard between First StreetIHecker Pass Higbway(State Routc 152) and Day Road (east) would remain a two-lane roadway, as it exists today, indefinitely. In gene"", the roadway's existing environmental baseline conditions would remain unchanged in the foreseeable future if the No-Project Alternative were chosen. The existing peale hour levels of service at thc five controlled intersections within the Project boundaries would remain the same, with three of the five (Santa Teresa Blvd.lBecker Pass HWy., Santa Teresa BlvdJWelbum Ave. and Santa Teresa Blvd./Mantelli Dr.) operating at unacceptable levels. In addition, the cllITently minimal level of bus service provided by VT A would be maintained, without the addition of the proposed 9 new bus stops and recommended improvements, including continuous bicycle lanes and sidewalks on both sides of Santa Teresa Boulevard, and wheelchair ramps at all driveways and intersections along Santa Teresa Boulevard. 6.1.2 Findings Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly tJained workers, make infeasible the No-Project Alternative, as identified in the Final EIR. 6.1.3 Facts in Support of Findings The No-Project Alternative would result in no change in the currently unacceptable levels of service at three intersections, and would do nothing to mitigate the projected increases to unacceptable levels at five intersections by the year 2020. The intersections of Santa Teresa Blvd.lHecker Pass Highway (p.M. peak), Santa Teresa Blvd./Welbum Avenue (A.M. peale) and Santa Teresa Blvd./Mantelli Dr. (A.M. and P.M. peak) are cwrently opeIGtingbelow Level of Service C, which is the City of Gilroy's threshold for acceptability. The analysis contained in the Final EIR. projected that by the year 2020, the existing levels would decline to Level of Service F for all three intersections without the implementation of the proposed Projcct, which includes the addition oftum pockets and the signalization of the Santa Teresa Blvd./Mantelli Dr. intersection. With the implementation of the Projecl, thc 2020 Levels of Service would meet or exceed the LOS C threshold. The No-Projcct Alternative would also prcvcnt thc timely completion of the segment ofMantclli Drive betwCt:TI Santa Teresa Boulevard and Zinnia Street, which would be a direct circulation link between Santa Teresa Boulevard and the existing residential neighborl1oods to the east. The No-Project Alternative would preclude the proposed widening of Santa Teresa Boulevard and provision oca landscaped median, sidewalks, bicycle "'-,.,........ ~_ ,'........ ~~..A.. .0__ .~______" lanes and additional lighting, whieh would othenvise greatly improvc not only vehicular circulation, but also pedestrian and bicycle safety along the roadway. The No-Project Alternative would result in lower noise levels at18 of the 25 receptors that were analyzed in the Noise section (Section 3.6) of the Final EIR. Therefore, by maintaining the existing roadway alignment, fewer residences would be impacted by traffic noise. The No-Project Alternative would not reduce the cumulative air quality impa'" of the proposed Project and other pending/approved residential and commercial projects in thc surrounding area to less than significant levels. Significant and unavoidable impacts would occur regardless of whether or not the proposed Projec:t is constructed. The No-Projcct Alternative would not meet the basic objectives of the proposed Project, whicb is to incrcase the capacity of Santa Teresa Boulevard in order to relieve existing and General Plan buildout traffic congestion and allow the roadway to operate at an acceptable Level of Service. 6.2 Reduced Roadwav Elevation Desil!D Alternative 6.2.1 Deseription of Allernative The Reduced Roadway Elevation Design Alternative proposes lowering the roadway elevation I V, feet lower than the proposed Project for the entire length of Santa Teresa Boulevard to reduce significant noise impacts. This would essentially involve removing the existing pavement, excavating soils and then reconstructing the roadway and other Project facilities. This alternative would acbieve thc Project Objectives. 6.2.2 Findings Specific economic, Icgal, sodal, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the Reduced Residential Density AltCTDative, as identificd in thc Final EIR. 6.2.3 Fads in Support of Findings Lowering the roadway elevation would reduce the height required for sound walls by I V. fect. This would also result in Receptors 9, 14, 16,17, and 19 aehieving the City's interior and exterior noise criteria without replacing the existing sound walls. Receptors 1-8, 10-12, IS, and 18 would still require replacement of the existing sound walls, but the height could be reduced by 1 V. feet. Overall, significant noise impacts at several receptors would be rcduecd to less than significant levels with this alternative. Howcver, significant and unavoidablc noise impacts would rcmain for receptors 21-25 where sound walls are infeasible. S.- Teresa Boulevard Roadway Improvements Project Staterru:nl of Findings and Facts and Statement of Overriding Consider8tiollS 22 Lowering the roadway would potentially introducc several additional environmental impacts. Drainage plans would need to developed and reviewed to ensure that flooding would not occur on the roadway which could obstruct traffic and cause additional traffic and circulation impacts. Flooding of the roadway could also result in water quality impacts. Any impacts to the culverts for Lions, North Morey, and South Morey creek channels would need to be addressed. Underground utilities may also need to be relocated during excavation for the roadway bed. While the Reduced Roadway Elevation Design Alternative would reduce significant and unavoidable noise impacts at several receptors, lowering the roadway has the potential to Tesult in significant drainagelflooding and water quality impacts along with impacts to the thn:e creek channel culverts and underground utilities. Sanla Teresa Boulevard Roadway Improvements Project Slalelrn:nt of Findings and Facts and Statement of Overriding Considerations 23 7.0 FINDINGS REGARDING OTHER CEOA CONSIDERATIONS 7.1 Growth-IndudnlZ Erred.. of the Proposed Proied As discussed in Section 8.0 of the Final EIR, the proposed roadway improvement Project would not eIircctly induce growth because the Project does not propose new housing or businesses that would produce jobs. Nor would the Project indirectly induce growth by nature of the fact that it would not extend new roads or other infrastJUeture into undeveloped areas. The Project is consistent with the City of Gilroy General Plan, which contains transportation and circulation policies that emphasize maintaining a Level of Service C at intersections and roadways, and specifically designates the Santa Teresa Boulevard corridor for improvements. The Project is also consistent with the General Plan transportation and circulation goals promoting bicyele and pedestrian modes of transportation. Because the Projcct, which consists of roadway=d interscction improvements within the existing Santa Teresa Boulcvard right-of-way, would not specifically develop any land uses, it would thcrefore not increase the demand for public services or utilities. No significant impacts related to growth inducement would result from thc implementation of the Projce1. 7.2 Silmificant Environmental Effects Whieh Cannot Be Avoided if the Proposed Proiect I, Implemented The Significant Environmental Effects Which Cannot Be Avoided if the Proposed Project is Implemented, arc eIiseussed in Section 6.0 of the Final EIR. The environmental effects of the proposed Project are eIiscussed in Section 3.0 of the Final EIR., and are summarized in the Executive Summary, Section S of the Final EIR.. As discussed in Section 3.0, all Project-related impacts are mitigated to a Icss-than-1lignificant level, with three exceptions. Traffic related noise impacts under Projeet-related conditions would result in significant unavoidablc impaets to nearby residences, based on the land use eompatibility guidelines provided in the Gilroy General Plan. The mitigation proposed would reduce the projected noise to less than significant levels for some, but not all of the residences, therefore the impact is considered significant and unavoidable. Construction noisc impacts to adjacent residences, although short-term in nature, have also been determined to be significant and unavoidable. The cumulative projects along the Santa Teresa Boulevard corridor, as described in Seetion 4.2 of the Final EIR, would "",ceed the eslablished BAAQMD CEQA thresholds for criteria pollutants if approved. Although the Project by itself would not exceed the established BAAQMD thresholds, the combination of the PrOJect with the other projects would contnbute to a cumulative condition that would exceed the thresholds. No feasible mitigation was identified in the Final EIR to reduce the cumulative air quality impacts to a less than significant level. As addressed in the Final EIR, irreversible environmental effects related to the conunitmcnt of land and resources, and long-term effects on the environment would result from the implementation of the Project. Construction activities associated with theProjcct would cause the consumption of substantial quantities of SlIIIla Teres. Boulcvud Roadway Improvements Project Statement of FindiIij;s and Facts and Statement of Overriding ConsideratiOn< -"I U4/1U/U~ n&u U~;~~ rAA ~UG~~Q~~.o J:OlL..............,L.,I'l. _ ...................' materials such as sand, gravel, asphalt, and c:oncrcr.e. Energy resources, including fossil fuels for the operation of construction equipment, would also be irretrievably committed during construction. Implementation of the Project, including the improvement of portions of the existing Santa Teresa Boulevard right-of-way for additional traffic Janes, bike paths, sidewalks, etc. and the construction of the 700-foot Mantelli Drive extension would commit this land to an irretrievable long-term use. Sonia Teresa Boulevard R.oadway Improvements Project Statement of Findings and Facts and Statement of Overriding Considerations l~ 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS Based on the evidence presented in the Final EIR (October 2001), the following Findings of Fact bave been made: .:. Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid thc following significant environmental effects thereof as identified in the Environmental hnpact Report: Geology. Hydrology, Land Use, Traffic and Circulation, Air Quality (PM,. Emissions and Compliance with Air Quality Standards), Biology, Aesthetics and Ha:z.ards. .:. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infcasible the mitigation measlltCS or Project alternative identified in the Environmental Impact Report to reduce the following significant impacts to below a lcvel of significance: Air Quality (cumulative increases in criteria pollutants); Noise (Project would:result in increase in noise levels that exceed the City of Gilroy's interior ancJIor exterior residential noise criteria-partially mitigated); and Construetion Noise (during construction, noise levels along Santa Teresa Boulevard would increase SUbstantially due to site preparation and other construction related activities-partially mitigated). Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency allows the occurrence of significant impacts which are identified in the EIR but are not at least substantially mitigated, the agency must state in writing the reasons to support it's actions based on the completed EIR and or other information in the record. The City has found that the impacts listed "b" above arc significant and unavoidable impacts. Accordingly, the City of Gilroy adopts the following Statement of Overriding Considerations based on infonnation in Ihc Final ElR and on other infonnation in the record. The City recognizes that significant and unavoidable impacts will result from implcmenlation of the Project. Having (i) adopted all feasible mitigation measures; (ii) rejected the alternatives to the Project discussed above; and , (iii) recognized all significant, unavoidable effccts, the City of Gilroy hereby finds that the benefits outweigh and override the significant unavoidable effects for the reasons stated below. The reasons discussed below summarize the benefits, goals and objectives of thc proposed Project, and provide, in addition to the above findings, the detailed rationale for the Project. These overriding considerations of economic, social, aesthetic and environmental benefits for the Santa Teresa Boulevard Roadway hnprovements Project outwcigh its environmental costs, and justify implementation of the Project and certification of the Final EIR. Many of these overriding considerations individually would be sufficient to outweigh the adverse environmental impacts of the Project. Implementation or tbe City or Gilrov Gencral Plan TransDortation/Clreulatlon Policies SlIIIta Teresa Boulcvl1d Roadway Improvemmts Project Statement ofFiDdiDgs and Facts and Statement of Overriding Considerations :.lb 04/10/0~ ~bD OY:4~ rAA 4Ua~jo~~,~ D&A,j..,J..'ILl\. 0.; ....V.o.&... -c..l ......~ Implementation of the Santa Teresa Boulevard Roadway ImprovmumlS Project would serve to implement key tnmsponation/circulation policies identified in the City of Gilroy General Plan. As noted in the Final ElR, the pmpose ofthc Project is to increase the capacity of Santa Teresa Boulevard in order to relieve existing and General Plan buildout traffic congestion and allow the roadway to operate at an aeceptable Level of Service (LOS), LOS C. The roadway improvements (widening) would serve thc westem portions of Gilroy and would facilitatc access to US Highway 101, both north and south of Gilroy. The City of Gilroy General Plan identified the Santa Teresa Boulevard corridor specifically from First StreetIHecker Pass Highway to Sunrise A venue, as an area of increased residential development. The additional traffic anticipated with this developmcnt would increase congestion on Santa Teresa Boulevard beyond acceptable levels. The City of Gilroy General Plan contains goals, policies and implementation actions to direct future development within tbe City. The General Plan addresses goals and policies in the following areas: urban development and community design, natural environment, residential environment, economic development; and public services and facilities. Transportation/circulation goals in the public services and facilities element of the Gencral Plan include maintaining a satisfactol)' LOS for auto traffic and promoting bicycle and pedestrian modes of transportation. In addition, transportation/circulation policies include maintaining 1:nIffic conditions at LOS C at Gihoy intersections and roadways. In order to maintain a LOS C, the City has designated Santa Teresa corridor for improvements as an expressway; improvements that ean accommodate the anticipated level ofresidential development identified above. Since the proposed improvements would relieve congestion and provide bicycle lanes on Santa Teresa Boulevard, the improvements arc implementing the General Plan transportation/circulation policies discussed above. Further, as shown in Table 3.4-4 of the Final ErR, using the projected year 2020 a.m. and p.m. peak hour intersection volumes and the proposed intersection geomctry, all study intersection are forecast to operate at acceptable levels of service (LOS C or bener). With the proposed Project, none of the analyzed study intersections are projected to be significantly impacted. In addition, and perhaps equally as imponant from a regional perspective, the Project would not contribute to additional tnlffic on US Highway 101 since it essentially provides an alternative north/south parallel route. Imolemrotatiou of Re"iouaVCouo!v AEenev Pia us One of the key objectives of the Project is to facilitate bicycle use as a mode of transportation by providing bike lanes along Santa Teresa Boulevard. The Santa Teresa Boulevard Rcadway Improvement Project would result in widening the existing Santa Teresa Boulevard between First StreetlHecker Pass Highway and Day Road (east) from a generally two lane roadway to a four lane, divided expressway complete with a landseaped median, street lighting. and signalized intcrsectiOIlS. The proposed roadway would eontain left turn and right turn pockets where needed and an emergency parkingfbike lane in each direction. Sidewalks would be provided on Santa Teresa Boulevard between Hecker Pass Highway and El Dorado Drive. The Project includes continuous Class II bikc lanes along Santa Teresa Boulcvard consistent with the Santa Clara Valley Transportation Authority's (VTA) Bil:ycle Technical Guidelines when those guidelines do not conflict with either Caltrans or City of Gilroy Standards. Additionally, by providing bike lanes, the Project is implementing improvements to Santa Teresa Boulevard that enable the expressway to maintain an important countywide SlUllll Tere.. Boulcvard Roadway lmprovemeIdll Project SlalemeDl of Findings and Facts and Statement of Overriding Considerations i-I U"/.1U/U. ilL..... v~.'*v ..n.... ~"''''''''''''''_''''~ bicyclc route =sistent with V TA's designated Cross-Country Bicycle Network, Santa Clara County's Trail Master Plan, and the City of Gilroy's General Plan Bikeways Map. As an additional benefit, the Project also includes VTA's recommendation for wheelchair curb ramps at all driveways and interseetions along Santa Teresa Boulevard per ADA requirements. SodallEeonomie Benefits As noted in Section 3.9 of the Final EIR, the Project would alter the visual character along Santa Teresa Boulevard by creating a slightly more built environment than presently exists. However, these changes are consistent with the growing residential communities along the corridor and would not result in blocking the scenic views of the Santa Cruz Mountains. The Project has been designed to ereate an improved visual landscape along the existing Santa Teresa Boulcvard than the visual landscape that presently prevails. To_ create a more aesthetically pleasing roadway, while discouraging graffiti on sound walls, a combination of hardscaping and landscaping would be added along Santa Teresa Boulevard The proposed full-width medians would contain decorative hardscape improvements, along with limited landscape cut-outs. Thcse cut-outs would be gradcd to include low landscape mounds (one to three feet high), and planted with drought-tolerant ground covers, low shrubs, and trees. Shrubs and trees would be chose than do not interfere with roadway sight lincs or streel lighting. In medians too narrow to accommodate three plantings; ground covers, low shrubs and decorative hardscape would be used instead. In addition, vines may be placed on sound walls to discollIage graffiti. Each of thcse hardscape and landscape improvemcnts are designed with the intent of making the roadway more visually appeasing to both the motorist passing by, to the community at large, and to the pedestrian!bieyclist utilizing the roadway. The improvcment of the ro~dway will provide for greater aesthetic and economic value, as well as enhance public safety. Given that the roadway is a major north/south altemativc to US Highway 101 through the City of Gilroy, and as thc roadway as identified as a future expressway in the City of Gilroy General Plan, the benefits associatcd with it's visual and aesthetie improvements will outweigh the unavoidable impacts associated with air quality and noise as discussed above. .t2i Santa Teresa Boulevard Roadway Improvements Project Staremenl ofFindinl:s and Facts and Slatement of Overriding Considerations ATTACHMENT 2 SANTA TERESA BOULEVARD ROADWAY IMPROVEMENTS PROJECT MITIGATION MONITORING AND REpORTING PROGRAM THE FOLLOWING MITIGATION MEASURES SHALL BE IMPLEMENTED PRIOR TO PROJECT CONSTRUCTION: Mitigation Measure 1 The Project shall comply with the Clean Water Act including the National Pollutant Discharge Elimination System (NPDES) pennit. Party Responsible for Implementation: Party Responsible for Monitoring: Gilroy Engineering Division Gilroy Engineering Division Date of Compliance Signature: Mitigation Measure 2 Sound walls are proposed along Santa Teresa Boulevard to achieve the City's interior and exterior noise policy at 18 of the 25 receptor locations. The remaining 7 receptor locations would be exposed to noise levels exceeding the City's criteria. Party Responsible for Implementation: Party Responsible for Monitoring: Gilroy Engineering Division Gilroy Engineering Division Date of Compliance Signature: Mitigation Measure 3 Surveys shall be completed as per the recommended CDFG protocol. To detennine if burrowing owls breed on or near the Project site, a burrowing owl survey shall be conducted between April 15 and July 15, as per current CDFG protocols. If burrowing owls are observed during the surveys, the extent of burrowing owl habitat on the site shall be delineated by a qualified wildlife biologist. 1n addition, a burrowing owl mitigation plan shall be prepared that identifies activities to avoid and or mitigate impacts to the species. This plan is subject to review and approval by CDFG and issuance of a Mitigation Agreement between the City and CDFG. Currently a 1:1 acreage replacement ratio is recommended by CDFG to offset permanent impacts to burrowing owl habitat. The land is typically set aside in perpetuity either by a conservation easement or other mechanism. Construction activities shall also be scheduled to avoid impacts to breeding animals (if present). If pre-construction surveys detect owls on the site during the non-breeding season, CDFG may authorize owl eviction following approval of a habitat mitigation plan and issuance of a Mitigation Agreement. Party Responsible for Implementation: California Department of Fish and Game and Gilroy Planning Division Gilroy Planning Division Party Responsible for Monitoring: Date of Compliance Signature: Santa Teresa Boulevard Widening EIR Mitigation Monitoring Program 2 4/9/02 THE FOLLOWING MITIGATION MEASURES SHALL BE IMPLEMENTED DURING CONSTRUCTION: Mitigation Measure 4 Project construction shall comply with all Bay Area Air Quality Management District (BAAQMD) rules and regulations. Dust-reducing measures shall include the basic control measures (measures obtained from Table 2 of the BAAQMD CEQA Guidelines, April 1996), asfollows 1. Water all active construction areas at least twice daily. 2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. 4. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. 5. Sweep streets daily (with water sweepers) ijvisible soil material is carried onto adjacent public streets. Party Responsible for Implementation: Party Responsible for Monitoring: Contractor Gilroy Engineering Division Date of Compliance Signature: Mitigation Measure 5 To minimize the Project's noise impacts, construction activities would be restricted to the City of Gilroy's recommended time periods: Weekdays: Saturdays and City holidays: Sundays: 7:00 am to 7:00 pm 9:00 am to 7:00 pm No construction activity allowed Restricting the hours of construction as identified would only panially mitigate this significant construction noise impact. No mitigation measures are feasible that would reduce this temporary shon-term noise impact to a less than significant level. Party Responsible for Implementation: Party Responsible for Monitoring: Contractor Gilroy Engineering Division Date of Compliance Signature: Santa Teresa Boulevard Widening EIR Mitigation Monitoring Program 3 4/9/02 Mitigation Measure 6 A qualified archaeologist shall monitor all earth moving activities within native soil. In the event that archaeological and historic artifacts are encountered during Project construction, all work in the vicinity of the find will be halted until such time as the find is evaluated by a qualified archaeologist and appropriate mitigation (if necessary) is implemented. In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps will be taken: (I) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (I) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identifY the person or persons it believes to be most likely descended from the deceased Native American. 1. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public resources Code Section 5097.98, or 4. Where the following conditions occur, the landowner or his authorized representatives shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location nor subject to further subsurface disturbance. (C) The Native American Heritage Commission is unable to identifY a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (D) The descendent identified fails to make a recommendation; or (E) The City or their authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the City. Santa Teresa Boulevard Widening EIR Mitigation Monitoring Program 4 4/9/02 Party Responsible for Implementation: Party Responsible for Monitoring: Contractor Gilroy Engineering and Planning Division Date of Compliance Signature: Mitigation Measure 7 In the event that an unknown waste or debris is discovered during construction/grading activities by the contractor which is believed to involve hazardous waste and/or materials. the contractor shall: I. Immediately stop work in the vicinity of the suspected contaminant, and remove workers and the public from the area; 2. Notify the Resident Inspector; 3. Secure the area as directed by the Resident Inspector; and 4. Notify the City of Gilroy Hazardous WasteIMaterials Coordinator and the Gilroy Fire Department. Party Responsible for Implementation: Party Responsible for Monitoring: Contractor Gilroy Chemical Control Division Date of Compliance Signature: I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-24 is an original resolution, du1y adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 15th day of April, 2002, 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 25th day of April, 2002. ~~, (Seal)