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Resolution 2008-02 RESOLUTION NO. 2008-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 07-01, A TENTATIVE MAP TO CREATE A SIXTEEN (16) PARCEL INDUSTRIAL SUBDIVISION ON APPROXIMATELY 26.75 ACRES LOCATED AT 315 EAST LAS ANIMAS AVENUE ON THE NORTHWEST CORNER OF MURRAY AVENUE, APN 835- 05-006. WHEREAS, Las Animas Industrial Subdivision c/o Desmond Melia, the applicant, submitted TM 07-01, requesting a tentative map to create a sixteen (16) parcel industrial subdivision on approximately 26.75 acres located at 315 East Las Animas Avenue at the northwest comer of Murray Avenue, APN: 835-05-006 ("Project"); and WHEREAS, pursuant to the California Environmental Quality Act, ("CEQA"), the City Council after consideration of the Environmental Impact Report ('EIR') prepared in conjunction with this Project, and utilized for the annexation of this parcel to the City, did certify the EIR on July 18, 2005, finding that the ErR was prepared in compliance with CEQA and a Statement of Overriding Considerations was adopted in compliance with CEQA. This associated Tentative Map (TM 07-01) is determined to be part of the project receiving environmental clearance with said EIR; and WHEREAS, this Project is subject to the terms of a deferred agricultural mitigation Agreement entered into by Las Animas Development, LLC and the City of Gilroy in May, 2007, which affects this tentative map and requires establishment of mitigation for 27.50 acres of agricultural land that was in the Williamson Act and purchase of mitigation property or payment of a mitigation fee based on appraisal of appropriate mitigation property as defined in the Agreement prior to issuance of the first final map; and -1- ILLEZOTTEI7 47 485.1 1?1R07J1.47nhl17? Resolution No. 2008-02 WHEREAS, said Agreement, among other conditions, required the applicant upon filing an application for this tentative map to pay to the City an initial deposit of $5,000.00 towards appraisal of mitigation property and associated City staff costs, which the applicant did pay; and WHEREAS, the Agreement contemplated that the appraisal would be completed prior to the issuance of this tentative map, but although the appraisal has not been completed, the applicant requests that the City issue the tentative map with the required condition for payment of the mitigation fee once established by the appraisal, said payment due to the City prior to issuance of the first final map for this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 6,2007, at which time the Planning Commission considered the public testimony, the staff report dated November 19, 2007 ("Staff Report"), and all other documentation related to application TM 07-01, and recommended that the City Council approve this application; and WHEREAS, the City Council held a duly noticed public hearing on December 17, 2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated December 11, 2007 and all other documentation related to application TM 07- 01; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission should apply to the Project; 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: -2- ILLEZOTTEI747485.1 171 R07 J1.47nl>n7? Resolution No. 2008-02 A. The City Council hereby finds as follows: 1. The Project is consistent with the land use designation for the property on the City's General Plan map (Industrial uses) and with the intent of the goals and policies of the General Plan. 2. The Project is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed Project are in close proximity to the Project site. 4. The Project is consistent with surrounding future development. 5. The Project IS subject to the Mitigation Measures and MitigationIMonitoring Program adopted with the ErR for the annexation of this property into the City of Gilroy pursuant to City Council Resolution 2005-51. There is no substantial evidence in the entire record that there will be any new significant environmental impacts not already reviewed in conjunction with the 2005 City approval. 7. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code sections 66474 and 66427.5. B. Tentative Map TM 07-01 hereby is approved, subject to the following conditions: 1. The 38 conditions attached hereto as Exhibit A and entitled "TENT A TIVE MAP CONDrTIONS OF APPROVAL", and subject to the mitigation measures from the Final ErR and mitigation monitoring program referenced in Planning Condition #1. 2. Applicant shall work with the City Engineering staff to determine if any of the mitigation measures set forth in the traffic analysis prepared by Keith Higgins entitled "Las Animas Industrial Park, Gilroy, California (Revised as of December 5, 2007), which -3- ILLEZOTTEI7 47 485.1 121807-04706072 Resolution No. 2008-02 document is attached to the Staff Report dated December 11, 2007, should apply to this project. 2. Applicant will pay to the City the Agricultural Mitigation Fee as established by City appraisal and defined in the "Agreement for Deferred Agricultural Mitigation By and Between the City of Gilroy and Las Animas Development, LLC" entered into on May 7, 2007, prior to the issuance of the first final map for this property. PASSED AND ADOPTED this 22nd day of January 2008, by the following vote: AYES: COUNCrLMEMBERS: ARELLANO, BRACCO, DrLLON, GARTMAN, TUCKER, WOODWARD, and PINHEIRO NONE NOES: COUNCrLMEMBERS: ABSENT: COUNCrLMEMBERS: NONE -4- ILLEZOTTE\747485.1 121807-04706072 Resolution No. 2008-02 EXHIBIT A 1. MITIGATION MEASURES #1 through #15 contained within the Final EIR dated April, 2003 for the Las Animas Annexation and Pre-zoning, AOI-0l, shall be applied to the approval of this Tentative Map in order to reduce and/or eliminate potential impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. 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, and 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. 3. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. Eneineerine Division (John Brice 408-846-0450. iohn.brice~ci.eilrov.ca.us) These conditions are subject to the review and approval of the Engineering Division. LFull frontage improvements are required for all new development. All streets. must show sidewalks on both sides. LAll work is to be done in compliance with the City of Gilroy Specifications and Standards. LStreet improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be by City Standard. The developer shall provide full street, curb, gutter, sidewalk and e1ectrolier improvements. LAll 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 the grades of all adjacent properties. LCertification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. Llf the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. .l.fh..All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. lLJnstallation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, ( Formatted: Bullets and Numbering) Exhibit A electrical transmission, street lighting, and cable television and telephone shall be required to be placed underground as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1, 3-16-81; Ord. #89-17, & 1, 10-16-89). 12.:.. The developer shall file a Final Map. ~ The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. ~The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. l2.:..ln the event it is necessary to acquire offsite easements or street rights-of-way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of [the easements or street right- of-way]. The owner shall place a note on the Final Map agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. ~Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans. B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. D. The City will collect the plan check and inspection fee for the utility underground work. lLPrior to any construction of the utilities in the field, the following will need to be. supplied to the City: A. A signed and PG&E-approved original electric plan. B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. ~All retaining walls must be constructed of permanent materials such as concrete. or masonry, and shall be of a modular design; wood shall not be permitted. ~Alllots shall drain to the street for storm drainage. 20. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. [ Formatted: Bullets and Numbering J ( Formatted: Bullets and Numbering] Exhibit A 2.LSubmit improvement plans for on-site and off-site (use City standards). 22. Submit a hazard Material clearance for the underground tank removal. ~Submit an Erosion Control plan and Storm Water Pollution Prevention Plan. 24. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. ~ The City checkprint must be returned with revisions. 26. All previous review comments shall apply unless otherwise specified in writing. RAIl existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 28. Repair and replace any broken sidewalks, curbs or gutters and driveways. 29. Pad for trash receptacles shall be provided off private streets. 30. All existing water wells shall be sealed to meet the approval of the Santa Clara Valley Water District (SCVWD). Shall also meet the approval of the City Engineer. 31. The applicant shall provide the Santa Clara Valley Water District detailed topographic maps with the existing channel alignment and rights-of-way for both channels to clarify how much additional right-of-way will be necessary. 32. The applicant shall provide the Santa Clara Valley Water District a hydraulic model to verify that the existing channel hydraulics are not adversely impacted by the construction of the proposed project. Community Services Department (Todd Barreras 408-846-0460. todd. barreras~ci.eilrov .ca.us) These conditions are subject to the review and approval of the Community Services Department. 33. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the Community Services Department for requirements on placement, species and maintenance. A street tree permit shall be obtained prior to obtaining a building permit. Fire Marshal (J. Bretschneider at 846-0430. iacQueline. bretschneider~ci.eilrov .ca. us) These conditions are subject to the review and approval of the Fire Marshal. 34. Street Hydrants shall be spaced a minimum of every 300 ft on both sides of the roadways. Hydrants shall flow a minimum of 1500 gpm with a 20 psi residual. Hydrant locations shall be approved by the Fire Marshal prior to fmal map. Hydrants shall be flow tested (most remote installed) by a qualified individual or the Fire Marshal prior to acceptance by the Water Department. 35. Cul-de-sac shall provide for Fire Department truck turn around, no street parking in the cui de sac. Exhibit A 36. All buildings 1,000 square feet or more shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFP A 13 and are subject to review and approval by Fire Prevention. Interior risers required, and there shall be an exterior door within 20 ft of each riser. Each building shall have its own fire line and Fire Department Connection (FDC). FDC shall be located at the street near a driveway. 37. Provide a Fire System line to each property for on site Hydrants, and Fire Sprinkler System. A double detector check assembly (DDCA) shall isolate the Fire Protection system from the public main with the DDCA after the curb and sidewalk setback. A Fire Department Connection shall be within 40 ft of a street hydrant and hydrant to be on the same side of the fire access road as the FDC. Any variation shall be made on an application for a review and approval by the Fire Chief. Buildine. Life and Environmental Safety (Jane Alexander at 846-0430. iane.alexander~ci.eilrov .ca. us) These conditions are subject to the review and approval of the BLES Division. 38. BLES has attached important information dated April 17, 2007 to the staff report. Exhibit A City of Gilroy Community Development Center BLES Division - Building 408 846-0430 - Fax: 408 846-0429 Project Address: Scope of Work: Planning #: Owner: Date: Plan Examiner: 315 Las Animas Ave Tentative Map to create 16 Industrial Lots 07030031 TM 07-01 Las Animas Development Co. LLC 4-17-2007 J. Alexander The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the application noted above. The plans will require compliance with the following informational items and conditions of approval at the time of building permit submittal: 1. CONDmONS FOR SITE AND BUILDING PERMIT: . If guest/parking is to be provided, Accessible Parking shall meet the 2001 CBC Chapter 11 requirements. . Roof Drains/Rainwater Leaders to be hard piped to storm drain system. . Grading, Drainage and Erosion Control require a separate plan and permit. . Detached Retaining and Sound Walls require separate plans and permit. . Detached Trash Enclosures require a separate plan and permit. . Fire Sprinklers, Alarms and Hydrants require separate plans and permit. . Generators require a separate plan and permit. . Signs require a separate plan and permit. . Movable Cases, Counters, Storage Racks and Partitions over 5' Foot 9" inches require separate plans and permit. . Fence, Columns, Gates&. Electric Control Devices require separate plan and permit. . Deferred submittals and Special inspection requirements shall be located on the Title page of the plans. 2. DESIGN PROFESSIONAL -This project will require a State of California registered design professional to design, stamp and wet sign the construction plans. Provide a statement on the coversheet of the building plan review submittal plans stating the following: a. "1 hereby acknowledge that my building plan review submittal documents are in conformance with the Arch and Site approval. 1 understand that if my submittal is different from my arch and site approval, it will take longer to review my building plan review and additional fees may apply." b. Provide a signature of the architect of record agree the statement In order in review, please provide the following: . A fully dimensioned plot plan with distance to property lines/setbacks. . Distance between structures. . Building area. Exhibit A . Type of construction. . Type of occupancy. . Slopes and grade. . Show the location of all entrances and exits. . Show emergency egress to the public way. . Locate all utilities on site plan. . Show installation of Fire Sprinklers Alarms and Hydrants. . Construction of exterior walls, openings and setbacks shall comply with 2001 CBe Chapter 5 and Table 5-A. . California Energy: Zone 4. . Fire Protection Class: 4. . Seismic Zone: 4. . Storm Water Roof Drainage: 1.5 inches/hour. . Wind Speed: 70. . Wind Exposure: C (If using "B" calculations must be justified). . Sound Transmission Control shall be provided per 2001 CBC Appendix Chapter 12. 3. BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical, T-24 Energy and Accessibility, and City codes in effect at the time of issuance of the building permits resulting in actual construction. Put the version used for the design on the plans. All work shall conform to local ordinances and the following: . 2001 California Building Code. . 2004 California Electrical Code. . 2001 California Mechanical Code. . 2001 California Plumbing Code. . 2005 California Energy Code. 4. FIRE PROTECTION - Fire Sprinkler Systems: Regardless of area or occupancy separation walls, an automatic fire sprinkler system shall be required for the following: . Any new commercial, industrial, or residential building 1,000 square feet or greater. . Additions to existing buildings: this section shall apply to all existing Buildings if the entire building area, including the addition exceeds the area permitted by the current Building Code or this section, then the entire building shall be sprinklered. . Exception: Additions of less than 1000 square feet (either one time or cumulative after the adoption of this ordinance, need not be sprinklered unless otherwise required. 5. PLAN SUBMITTAL SITE WORK. DEMOLmON AND CONSTRUCTION - Prior to new or remodel olan aoorovals. A separate site plan must be submitted for approval containing the following items required per 2001 California Building Code Chapter 33 and Table 33-A. . Protection of Pedestrians during Construction or Demolition. . Temporary Use of Streets and Alleys. . Storage on Public Property. . Mixing Mortar on Public Property. . Protection of Utilities. . Walkways. . Pedestrian Protection, Railings, Fences and Canopies. . Maintenance and Removal of Protective Devices. DEMOLITION- Demolition permits will be issued in accordance with City Ordinance. Prior to permit issuance: Submit a plot plan clearly showing the location and the portion of building or the buildings to be demolished, a complete application for Demolition, a Bay Exhibit A Area Air Quality Management District "J" number, and obtain approval from the Building Official for the scope of work. The forms necessary are available at the Building Counter. Anv Buildina over 50 vears old may also require Historic Heritage Committee approval prior to demolition. Check with the Planning Division for any additional requirements. . Priorto demolition permit issuance a letter of Utilities Disconnect from PG&E must be submitted to the Building Department. . Priorto demolition, a pre-site inspection is required by the Building Department to verify the utilities, water and sewer lines have been capped-off within (5) five foot of the property line. . Priorto demolition a site plan shall be submitted to the Building Department showing the location of any water pumps, wells, septic tanks, leech lines or structures on site. SUBMITTIALS . New Commercial & Industrial 5 sets of plans, 2 of the 5 wet stamped and signed. . Tenant Improvements 4 sets of plans, 2 of the 5 wet stamped and signed. . Energy and Structural Calculations 2 sets, wet stamped and signed. . Soils reports 2 sets, wet stamped and signed. . Trusses 2 sets, wet stamped and signed. . Environmental Health 3 sets of plans wet stamped, signed with Environmental Health Dept. approved. As-Built Plans Commercial, Industrial and Dwellings three (3) or more stories in height, Townhouses and Condo Projects must be submitted in digital format before Certificate of Occupancy. 6. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings, retaining walls, and make provisions for anticipated differential settlement. 7. FEMA-This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management Ordinance" #98-16. 8. FOUNDATIONS - All mitigation measures and design recommendations identified in the soils report approved by the Building Official MUST be reviewed by the soils engineer of record for conformance. Structural foundation design plans must also be reviewed by the soils Engineer of record for conformance to recommendations contained within the soils report. 9. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation inspection, the soils engineer shall inspect and approve the mitigation measures and the foundation excavations. The soils engineer shall submit documentation to the Building Division, which verifies compliance with the recommendations speCified in the soils report. 10. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or the engineer or architect of record acting as the owner's agent shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1701. Please contact the Building Division at the time of plan submittal to obtain an application for special inspections. 11. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying compliance with all applicable provisions of the Uniform Building code Chapter 16. Prior to request for final inspection, written verification by the engineer of record indicating conformance with the structural design shall be submitted to the Gilroy Building Division. Exhibit A 12. GRADING AND SHORING - A site development permit shall be required for all grading and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division. 13. NOTICE OF EXCAVATION-Prior to excavation, adjoining landowners shall be given notice of the date, location, and extent of the excavation in conformity with Section 832 of the Civil Code and copies shall be provided to the Building Official prior to the issuance of the grading permit. 14. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan. 15. DUST AND MUD CONTROL MEASURES. Contractors performing grading operations within the City where dry conditions are encountered shall adequately control dust or mud from spreading off-site or into existing structures on-site. Prior to commencement of the grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance. 16. SANITATION/PUBLIC TOILETS oer the City of Gilrov Municioal Code Section 6.3 This section shall apply to all gasoline service stations and food service and beverage establishments where facilities are provided to consume food or beverages on the premises. This section shall also apply to all other buildings and portions thereof of fifteen thousand (15,000) square feet or more customarily frequented by the public, where members of the public customarily enter to transact business with the occupants thereof, unless exemoted by the Building Board of Appeals, upon showing that the publiC presence is infrequent or that the average duration of the customary business carried on by the public in such building, or portion thereof, is so short that the public that toilet facilities are unnecessary. FACnmES REOUIRED - Where any City permit is required to be issued for a building or portion thereof determined to be subject to this section, such permit shall require that such building or portion thereof prOVide clearly marked toilet facility for each sex, located either in the main building or conveniently adjacent thereto on the same property so that they are accessible and available for the use of the public; such facilities may be locked to prevent abuse, provided the keys are available to the public. EXISTING BUILDINGS - Or portions thereof having only one restroom may be granted an exemption by the Building Board of Appeals, on the basis of hardship, but such exemption shall be reconsidered upon each permit application. This section shall not be construed to require separate facilities for employees of the building, but neither shall this section operate to relieve any other requirements for toilet facilities in a building. In assembly buildings, bathroom facilities must meet the number of fixtures required by State and Federal regulations. In our adopting Ordinance #2002-26, we adopted the entire 2001 California Plumbing Code (Table 4-1) and the 2001 California Building Code Appendix table 29-A. The Plumbing Code Table 4-1 is also adopted by the State Architects Office. In determining how many fixtures are required, we use the most restrictive. 17. T-24 ACCESSIBILITY/COMMERCIAL- The developer shall comply with all applicable provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access. . Accessible parking spaces are required to meet the 2001 CBe. . Accessible parking should be located at the shortest route of travel to the accessible entrance. . Provide accessible parking spaces to meet Table 11B-6. Exhibit A . Where single spaces are provided, the unloading access aisle must be placed on the passenger side. . One in every eight accessible spaces, but not less that one, shall be designed for van accessibility . . The disabled cannot go behind other parked cars. . Show the slope of the accessible parking space and unloading area. . Provide disabled signage. . All entrances and exterior ground-floor exit doors to buildings shall be made accessible to persons with disabilities. . Distribute the accessible parking near accessible entrances. . Provide an accessible path of travel between accessible parking and the tenant space. . Provide an accessible path of travel to the publiC right of way including the nearest bus stop. . Any walking surfaces with a slope greater than 1:20 will be considered a ramp and designed as such. . Pedestrian walkways must conform to requirements for accessibility (path of travel, slopes of ramps and walkways, etc.). 18. BUILDING SECURITY - Provide details to show how the conditions of the Building Security Ordinance # 85-17 will be met. . Provide a "PUBUC SAFETY RADIO SYSTEM" to support the City's Public Safety Communications System in any structure over 10,000 square feet. . Provide an illuminated address at the front of structure visible from the street. . Provide signage at the rear of the structure for building identification. 19. ADDRESS - Provide proper address for proposed project on each page of plans prior to submission of plans for initial building plan check. Provide Assessors Parcel number on title page. 20. CONSTRUCTION RESTRICTIONS -All construction shall be restricted to the following hours: . Weekdays (Monday thru Friday) 7:00 am to 7:00 pm . Saturdays and City Holidays 9:00 am to 7:00 pm . Sundays No Construction Activity Allowed. 21. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for the purpose of review and approval of construction procedures. The building owner/developer shall be represented by his contractor and primary subcontractors. The City will be represented by departments having conditions of approval on the project. 22. NOTE: This is NOTa plan review approval. When building permit application is made, additional comments may be added due to incomplete plans, plan changes from this Architecture and Site application, mistakes, errors or omissions. r, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-02 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 220d day of January, 2008, at which meeting a quorum was present. IN WrTNESS WHEREOF, r have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of February, 2008. (Seal)