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Resolution 2007-61 RESOLUTION NO. 2007-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 05-05, A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM EDUCATIONAL FACILITY TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMATELY 10.31 ACRES, LOCATED AT 8450 WREN AVENUE, APN 790- 25-031. WHEREAS, Gilroy Unified School District c/o Steve Brinkman, the applicant, submitted GP A 05-05, requesting a General Plan Amendment to change the General Plan Land Use Designation from Educational Facility to Medium Density Residential on approximately 10.31 acres at 8450 Wren Avenue, APN 790-25-031; and WHEREAS, at its regular meeting on September 18, 2006, the City Council approved Z 06-07, an amendment to the Zoning Ordinance which established an exemption from the Residential Development Ordinance (RDO) for school district properties in special circumstances such as this property; and WHEREAS, at its regular meeting on October 2, 2006, the City Council approved Resolution 2006-69 granting an RDO exemption and allocating up to ninety-nine (99) residential units to the Las Animas School site; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Initial Study was prepared for the City of Gilroy which identified potentially significant effects on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 7, 2007, at which time the Planning Commission considered the public testimony, the Staff Report dated May 23,2007 ("Staff Report"), and all other documentation related to application GPA 05- \LLEZOTTE\729236.1 061507 -04706089 -1- Resolution No. 2007-61 05, and recommended that the City Council adopt the Mitigated Negative Declaration and associated Mitigation Monitoring Program and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 11, 2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated June 8, 2007 and all other documentation related to application GP A 05- 05; and WHEREAS, pursuant to CEQA, the City Council, following the public hearing on June 11, 2007, considered the proposed Mitigated Negative Declaration and approved and adopted the Mitigated Negative Declaration, attached hereto as Exhibit "A", finding that (a) it was complete and in compliance with CEQA; (b) it reflected the independent judgment of the City; and (c) there is no substantial evidence in the entire record that the project, as mitigated, will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. That the proposed General Plan amendment is consistent with the intent of the goals and policies of the City's General Plan document. 2. That the proposed density is consistent with General Plan Policy 7.05 - encouraging community diversity by advocating a variety of housing opportunities to meet the needs of all people, including those of different social and/or economic backgrounds \LLEZOTTE\729236,1 061507-04706089 -2- Resolution No. 2007-61 3. That the proposed General Plan amendment will further the City's efforts to provide its "fair share" of regional housing needs. 4. That there is no substantial evidence in the entire record that the project, as mitigated, will have a significant effect on the environment. 5. public interest. That the adoption of the proposed General Plan amendment is in the B. General Plan Amendment 05-05 should be and hereby is approved, subject to the 11 Mitigation Measures set forth in the Mitigated Negative Declaration, and to the Mitigation Monitoring Program which is hereby approved and adopted. C. This Resolution shall become effective thirty (30) days from the date of its approval and adoption. PASSED AND ADOPTED this 16th day of July, 2007 by the following: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: VALIQUETTE ,// i C' hawn, ,: a Freels, I / ~/ \LLEZOTTE\729236.1 061507-04706089 -3- Resolution No. 2007-61 .CoInInunity Development DepartlDent Planning Division' MITIGATED NEGATIVE DE CLARA TION AND MITIGATION MONITORING PROGRAM ,J~ City of Gilroy , 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 . CitvFile Number: GPA OS-OS Proiect DescnDtion: Name of Project: Gilroy Unified School DistrictGPA Natur~ or Project: Ge,neral Plan Amendment from Educational Facility to Medium Density Residential. No development plans have been submitted but it is assumed that up to 165 medium-density residential lots would be developed on the site. '. Proiect Location: Location: 8450 Wren Avenue, north ofWelbum Avenue and south of Mantelli Drive Assessor's Parcel Number: 790-25-031 . Entity or Pe..son(s) Undertakine Proiect: Name: Gilroy Unified School District Address: 8055 Camino Arroyo, Gilroy, CA 95020 ' Staff Planners: Deborah Schwarz, Deborah.Schwarz@ci:l!ilrov.ca.us 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 attached. Findin2s & Reasons: 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) 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 findings: ,0 The proposed project is surrounded by urban development and is located within an area mostly developed with single family residential uses. EXHIBIT A GPA 05-05, GUSD (Las Animas School) Negative Declaration and Mitigation Monitoring Program May 23, 2007 o Identified adverse impacts are proposed to be mitigated. o The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. o City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. o With the application of the following Mitigation Measures the proposed project will not . have any significant impacts on the environment A~ilie~ ' AE-l./Prlor to approval of development entitle,ments on the project site, the developer shall comply with mitigation measure N-l in Section 11, Noise, of this initial study to conduct an environmental noise study to detennine if mitigation measures are required to comply with the city general plan noise requirements. If the noise study determines'that a sound wall higher than seven feet above existing grade at the propertyJine is required and no other feasible option is available, preparation of an environmental impact report may be required. Air QuaUty AQ-l. Developers shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development The measures shall be implemented as necessary to adequately control d~st, subject to the review and approval by the City of Gilroy Engineering Division: .e following measures shall be impl~mented at all construction sites: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, ~d other loose materials or require all trucks to maintain at least two feet of freeboard; c. 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; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and e. Sweep streets immediately (with water sweepers) if visible soil'material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction' areas (previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and j. Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: k. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; 1. Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and n. Limit the area subject to excavation, grading and other construction activity at anyone time. EXHffiIT A 2 GP A OS-OS, GUSD (Las Animas School) Negative Declaration and Mitigation Monitoring Program May 23, 2007 Cultural' Resources CR-}. When project site buildings are proposed for demolition, associated with an application for future development of the site, if they are 50 years or older, the City of Gilroy shall ensure that the City's Historic Neighborhood and Historic Site guidelines are followed asa component of the entitlement process for such development. Any significant impact to a historic structure wouldb,e considered a significant adverse environmental impact according to CEQA an would require preparation of an environmental impact report . (EIR). CR-2. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work: shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is detennined to be significant, appropriate mitigation measures shall be fonnulated and implemented. " CR-3. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: Ifhuman remains are found during consiniction there shall be no further e~cavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of ' Santa Clara County is contacted to determine that no, investigation of the cause of death is required. If ~e .' coroner determines the remains to be Native American the coroner shall contact the Native American Herita Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then 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 associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity ()D the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. ' Noise N-t. Future development of the project site shall be consistent with the maximum permissible noise levels identified in Figure 8:-3 of the general plan, as amended. Prior to approval of a tentative map, or other applicable development entitlements, the developer shall have an environmental noise assessment prepared to confirm that the project design would be consistent with the noise requirements of the general plan. The environmental noise assessment shall be subject to review and approval by the citY planning division. N-2. The following measures shall be incorporated into project plans for future development of the project site to mitigate construction noise, subject to the review and approval of the city engineering and building divisions: (Modified Gilroy General Plan EIR mitigation measure 4.7-B): . . a. limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City holidays; EXHmlT A 3 GP A 05-05, GUSD (Las Animas School) Negative Declaration and Mitigation Monitoring Program , May 23, 2007 b. Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good conditionand~propriate for the equipment; and c. Locate stationary noise-generating equipment as far as possible from sensitive reCeptors when sensitive receptors adjoin or are near a construction proj~t area. TransportationITraffIc T -1. The developer shall design and construct a traffic signal and improvements at the intersection of Wren Ad Welburn avenues, as planned in the city's traffic circulation master plan. Improvements include the signal, ~striping all intersection approaches, adding left-turn pockets on the east and west approaches, and removal of 260 ~t of parking on the east leg to accommodate the left-turn pocket T-2. Project developers shall design and implement the following improvements at the Wayland Lane and W elburn Avenue intersection: a. Res~pe the east leg of the inte~ection to accommodate a dedicated westbound left-turn pocket and a westbound shared through/right-turn lane; and b. If determined to be necessary during the design phase, eliminate parking on both sides of Welburn Avenue, east of Wayland Lane for approxi~ately 150 feet to accommodate the improvements on the east leg. Additionally, parking on the north side ofWelbum Avenue~ west of Wayland lane may need to be removed for a short distance to accommoda~e the westbound lane shift. , T -3~ Future development of the site shall be designed so that future streets or project ,driveways connecting to Wren A venue be aligned with Gary street and Willard Court. The potential access point on Wayland Lane shall be used only for inbound or outbound auto access, or an emergency gate shall be place, at the driveway to ~s~ct i~ to e~~r~ency ~ehic1e access only. Proje~t desi~s .s~all be subjectto review and approval by the city ~ngmeenng diVISIon, pnor to approval of a tentative SUbdiVISIon map.' , T -4. Future development of the site shall include pedestrian access to Wayland Lane to accommodate safe and efficient pedestrian access to and from Wayland Lane. Project designs shall be subject to review and approval by the city engineering division, prior to approval of a tentative subdivision map. Date Prepared: May 26, 2006 End of Review Period: July 3, 2006 Date Adopted by City Council: Deborah Schwarz Planner IT deborah.schwarz@cLgilroy.ca.us William Faus Planning Division Manager bfaus@ci.gilroy.ca.us EXHffiIT A 4 Gilroy Unified School District GPA 05-05 Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant . adverse environmental effects. The reporting or monitoring program is to be designed to I ~ ensure compliance with conditions of project approval during project implementation in order to avoid sigDificant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subseque~t1y adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A defmitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project . mitigated negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the mitigated negative declaration. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and 'distributing the checklist to the responsible individuals or agencies for their use iri monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has . . OP A 05-05 Mitigation Monitoring Program 2 not been complied with, the monitoring checklist should not be returned to the Community Development DepartmeIit; 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use pennit, etc. Compliance with mitigation ~easures is required ' for project approvals; and 4. If a responsible individual or agency determines that a non- compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development ,pepartment, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the' discretion of the City of Gilroy. Gilroy Unified School District GPA 05-05 Mitigation Monitoring Checklist STEP 1 - PRIOR TO APPROVAL OF DEVELOPMENT ENTITLEMENTS, THE FOLLO~G MITIGATION MEASURES SHALL BE I?dPLEMENTED: AE-l. Prior to approval of development entitlements on the project site, the developer shall comply with mitigation measure N-1 in Section 11, Noise, of this initial study to conduct an environmental noise study to determine if mitigation measures are required to comply with the city general plan noise requirements. If the noise study determines that a sound wall higher than seven feet above existing grade at the property line is required and, no other feasible option is available, preparation of an environmental impact report may be required. Party responsible for implementation: Applicant Party responsible for' monitoring: Gilroy Planning Division CR-!. When project site buildings are proposed for demolition, associated with an application for future development of the site, if they are 50 years or older, the City of Gilroy shall ensure that the City's Historic Neighborhood and Historic Site guidelines are followed as a component' of the entitlement process for such development. Any. significant impact to a historic structure would be considered a significant adverse environmental impact according toCEQA and would require preparation of an environmental impact report (ElR). Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division N-l. Future development of the project site shall be consistent with the maximum permissible noise levels identified in Figure 8-3 of the general plan, as amended. Prior to approval of a tentative map, or other applicable development entitlements, the developer shall have an environmental noise assessment prepared to confirm that the project design EXHIB~T A OP A OS.{)S Mitigation Monitoring Program 3 would be consistent with the noise requirements of the general plan. The environmental noise assessment shall be subject to review and approval by the city planning division. Party responsible for- implementation: Applicant Party responsible for monitoring: Gilroy Planning Division T -3. Future development of the site shall be designed so that future streets or project driveways connecting to Wren A venue be aligned with Gary Street and Willard Court~ The potential access point on Wayland Lane shall be used only for inbound or outbound auto access, or an emergency gate shall be place at the ~ driveway to restrict it to emergency v,ebicIe access only. Project designs shall be I . subject to review and approval by the city engineering division, prior to approval of a tentative subdivision map. ' Party responsible for' implementation: Applicant , Party responsible for monitoring: GilroyEngineering D,ivision . T-4. Future development of the site shall include pedestrian access to Wayland Lane to acconimodate safe and efficient pedestrian access to and from Wayland Lane., Project designs shall be subject to review and approval by the city engineering division, prior to approval of a tentative subdivision map. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division . STEP 2 - PRIOR TO APPROVAL AND ISSUANCE OF BUll.DING'PERMITS, THE FOLLOWING MITIGATION MEASURES SHALL BE IMPLEMENTED: AQ-l. Developers shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed . development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily; . Cover ~ll trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . 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; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and . Sweep streets immediately (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: EXHmIT A .. . . GPA05-05 Mitigation Monitoring Program 4 . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); . Enclose, cover, water. twice daily or apply (non-toxic) soil binders to exposed stockpileS (dirt, sand, etc.); . Umit traffic,speeds on unpaved roads to IS mph; . Install 'sandbags or other erosion control measures to prevent silt runoff to public roadways; and . Replant vegetation in distuIbed areas as quickly as possible. /' The following measures are strongly encouraged at construction sites that ~ large in t area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving, the-site; . Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and . ,Limit the area subject to excavation, grading and other construction activity , at anyone time. . Party responsible for implementation: Applicant Party responsible for' monitoring: Gilroy Engineering Division CR-2. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to 'building permits for future development, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy general Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Applicant Party responsiblefor monitoring: Gilroy Planning Division CR-3. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5{e), subject to the review and approval of the City of Gikoy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be EXHIBIT A 1'1l" GPA 05-05 Mitigation Monitoring Prograin , 5 Native American the coroner shall contact the native American heritage Commission within 24 hours. The Native American Heritage Commission shall identify the peson or persoIlS it believes to be the most likely descendent MLD) from the deceased Native ' American. The MLD may then 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 associated grave goods as provided in Public Resources Code Section 5097 .98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is u~able to identify a MLD or the MID failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative. rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division . N-2. The following measures shall be incorporated into project plans for future development of the project site to mitigate construction noise, subject to the review and approval of the city engineering and building divisions: (Modified Gilroy General Plan EIRmitigation measure 4.7-B): a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM. and Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City holidays; b. Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good condition and appropriate for the equipment; and c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible/or implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division . STEP 3 - PRIOR TO APPROVAL AND ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING MITIGATION MEASURES SHALL BE Il\1PLEMENTED: T-l. The developer shall design and construct a traffic signal and improvements at the intersection of Wren and Welbum avenues, as planned in the city's traffic circulation master plan. Improvements include the signal, restriping all intersection approaches, adding left-turn pockets on the east and west approaches, and removal of 260 feet of parking oil the east leg to accommodate the left-turn pocket. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division T -2. Project developers shall design and implement the following improvements at the Wayland Lane and Welbum A venue intersection: EXHmIT A ) . . GP A 05-05 Mitigation Monitoring Program a. Restipe the east leg of the intersection to accommodate a dedicated westbound left- turn pocket and a westbound shared through/right-turn lane; and b. If determined to be necessary during the design phase, eliminate parking on both sides ofWelbum Avenue, east of Wayland Lane for approximately 150 feet to accommodate the improvements on the'east leg. Additionally, parking on the north side of Welburn A venue, west of Wayland lane may need to be removed for a short distance to accommodate the westbound lane shift. Party responsible for implementation: Applicant Party responsiblefor monitoring: Gilroy Engineering Division .. EXHmIT A 6 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-61 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of July, 2007, 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 24th day of September, 2007. (Seal)