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Ordinance 2012-10ORDINANCE NO. 2012 -10 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY EXTENDING FOR A PERIOD OF ONE YEAR URGENCY INTERIM ORDINANCE NO. 2011 -11 PROHIBITING THE APPROVAL OF ANY RESIDENTIAL DEVELOPMENT PROJECT EAST OF HIGHWAY 101 WHEREAS, Government Code sections 65580 through 65589.8 require local agencies to adopt, implement and periodically revise a housing element into their general plans to accommodate their respective fair share of new and affordable housing; and WHEREAS, Government Code section 65589.3 provides that if the California Department of Housing and Community Development ( "HCD ") finds that a housing element or housing element revision substantially complies with Article 10.6 of Division 1 of Title 7 of the Government Code (sections 65580 through 65589.8), then the housing element or housing element revision is rebuttably presumed to be valid; and WHEREAS, on August 19, 2010, after months of study and working with a planning consultant knowledgeable on State law requirements for housing elements, the City of Gilroy ( "City ") submitted its proposed housing element revision ( "Housing Element Revision") to HCD for its review and "substantial compliance" finding under Government Code section 65589.3; and WHEREAS, the City thereafter submitted to HCD several revised housing element revision drafts responding to HCD's comments and suggestions; and WHEREAS, during the time the City was working with HCD on the Housing Element Revision, the City was processing an application, received in approximately April 2009, for a new residential housing project located east of Highway 101, which proposed use conflicted with the City's long standing General Plan policy not to allow any new residential development east of Highway 101 and conflicted with the City's contemplated Housing Element Revision under review; and WHEREAS, Government Code Section 65858 provides that a city may, with or without following the notice and public hearing procedures otherwise required prior to the adoption of a zoning ordinance, "adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the 1MDOLINGER11049725.3 -1- ORDINANCE NO. 2012 -10 070912-04706083 legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time "; and WHEREAS, on August 1, 2011, because HCD had yet to issue a substantial compliance finding as to the City's proposed Housing Element Revision, and because the City was still in the process of studying and considering the Housing Element Revision, the City Council at a duly noticed public meeting took testimony and adopted Ordinance No. 2011 -11 (a copy of which is attached hereto as Exhibit "A "), an urgency interim ordinance that prohibited the approval of development entitlements, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, for the construction of new residential projects in the City on the east side of Highway 101 for a period of 45 days unless extended in accordance with Government Code Section 65858(a); and WHEREAS, on September 12, 2011, in accordance with Government Code section 65858(a), the City Council at a duly noticed public meeting took testimony and adopted Ordinance No. 2011 -12 ( "First Extension Ordinance," a copy of which is attached hereto as Exhibit `B" (without exhibits)), which extended the moratorium established by Ordinance No. 2011 -11 for a period of ten (10) months and fifteen (15) days unless extended in accordance with Government Code Section 65858(a); and WHEREAS, the adoption of Ordinance No. 2011 -11 and Ordinance No. 2011 -12 were necessary to provide additional time for the City and HCD to complete their planning, consideration and analysis of the proposed Housing Element Revision and were necessary to prohibit the approval of new residential projects and uses east of Highway 101 that might be in conflict with the planning process; and WHEREAS, the City received a letter from HCD, dated September 13, 2011, stating that the City's proposed Housing Element Revision will comply with State housing element law once the Element has been adopted and once the City accomplishes rezonings necessary to address any unaccommodated need for higher density residential and mixed -use development as described in the Housing Element Revision; and WHEREAS, on February 6, 2012, the City Council at a duly noticed public meeting adopted Resolution 2012 -08, which adopted the 2007 -2014 Housing Element (that is, the Housing Element Revision), as an amendment to the 2002 -2020 General Plan; and WDOLINGEM1049725.3 -2- ORDINANCE NO. 2012 -10 070912 - 04706083 WHEREAS, since the time of the City Council's adoption of the Housing Element Revision on February 6, 2012, City staff have been in the process of studying, considering and developing recommendations for amendments to the City Zoning Ordinance in order to implement provisions of the Housing Element Revision; and WHEREAS, the adopted Housing Element Revision specifically locates all new residential development to the west side of Highway 101, and any new residential development projects proposed to be located on the east side of Highway 101 would directly conflict with the City's current process of studying and considering amendments to the Zoning Ordinance to implement the Housing Element Revision; and WHEREAS, on July 16, 2012, in accordance with State law, the City Council held a duly noticed public hearing and took testimony regarding this second urgency interim ordinance extension ( "Second Extension Ordinance "); and WHEREAS, the City Council has considered, and by adopting this Second Extension Ordinance ratifies and adopts, the July 10, 2012 report prepared by the City Attorney, which describes the measures taken to date to alleviate the conditions which led to the adoption of Ordinance No. 2011 -11 and Ordinance No. 2011 -12; and WHEREAS, said report explains that following the City Council's adoption of the Housing Element Revision, City planning staff have been working on proposed amendments to the City Zoning Ordinance necessary to implement certain provisions of the Housing Element Revision, and this process is not yet complete; and WHEREAS, the conditions justifying the adoption of Ordinance No. 2011 -11 and Ordinance No. 2011 -12 have not been alleviated, that is, during the City's planning process of studying, reviewing, adopting and implementing the Housing Element Revision, an application for a new residential development east of Highway 101 that conflicts with the Housing Element Revision was submitted and processed by the City and such application is still pending; and WHEREAS, the City Council now desires to extend the moratorium established by Ordinance No. 2011 -11 and extended by Ordinance No. 2011 -12 for an additional one year, as permitted by Government Code Section 65858(a), so that proposed amendments to the Zoning Ordinance, and possibly the Gilroy City Code, which are necessary to implement the Housing Element Revision can be fully considered, studied, reviewed and adopted within a reasonable time; and 1MDOLINGEM1049725.3 -3- ORDINANCE NO. 2012 -10 070912 - 04706083 WHEREAS, the City Council finds that this Second Extension Ordinance is not subject to the California Environmental Quality Act ( "CEQA ") (Public Resources Code sections 21000 et seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations ( "CEQA Guidelines ") sections 15060(c)(2) and (3)). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY FINDS AND ORDAINS AS FOLLOWS: SECTION I In accordance with State law, the City Council hereby finds that: The approval of any development entitlements for residential development projects in the City located east of Highway 101, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, will be in conflict with the City's planning process of studying and adopting amendments to the Zoning Ordinance in order to implement the Housing Element Revision adopted on February 6, 2012, and will result in a current and immediate threat to public health, safety or welfare as follows: 1. Approval of any new residential development projects located east of Highway 101 would conflict with the City's Housing Element Revision wherein all identified sites for possible future rezoning to housing uses are located west of Highway 101. 2. The public health, safety or welfare requires the immediate enactment of this Second Extension Ordinance because it is necessary to provide additional time for the City to complete its consideration, study and adoption of proposed amendments to the Zoning Ordinance that will implement the Housing Element Revision. 3. The public health, safety or welfare further requires the immediate enactment of this Second Extension Ordinance to prevent any impairment of the City's Constitutional police power to make and enforce its land use laws, and specifically, to not approve any residential development projects located east of Highway 101 that are currently prohibited by the Housing Element Revision. 4. The absence of any interim development controls would create a serious threat to the orderly and effective implementation of the City's 2020 General Plan Housing Element WDOLINGEM1049725.3 -4- ORDINANCE NO. 2012 -10 070912-04706083 Revision and/or any proposed amendments to the Zoning Ordinance and/or Gilroy City Code that may be adopted by the City to implement the Housing Element Revision. SECTION II PROHIBITION ON APPROVALS OF RESIDENTIAL DEVELOPMENT PROJECTS ON THE EAST SIDE OF HIGHWAY 101 In accordance with the authority granted the City under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, no development entitlements, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, shall be approved or issued for the construction of new residential development projects in the City on the east side of Highway 101 for a period of one (1) year from and after the effective date of this Second Extension Ordinance. SECTION III If any section, subsection, sentence, clause or phrase of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. WDOUNGEM1049725.3 -5- ORDINANCE NO. 2012-10 070912-04706083 SECTION IV This Extension Ordinance is adopted pursuant to Government Code Section 65858(a). The City Clerk shall certify to the adoption of this Urgency Interim Ordinance and cause the same to be published in the manner prescribed by law, and it shall become effective immediately upon its adoption and remain in effect for a period of one (1) year. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY at a regular meeting of the City Council this 16th day of July 2012, by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: :,,43beirt Pinheiro, Mayor WDOLINGEM1049725.3 -6- ORDINANCE NO. 2012-10 070912 - 04706083 EXHBIT "A" ORDINANCE NO. 2011 -11 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTED AS AN URGENCY MEASURE PROHIBITING THE APPROVAL OF ANY RESIDENTIAL DEVELOPMENT PROJECT EAST OF HIGHWAY 101 FOR A PERIOD OF FORTY FIVE (45) DAYS WHEREAS, Government Code sections 65580 through 65589.8 require local agencies to adopt, implement and periodically revise a housing element into their general plans to accommodate their respective fair share of new and affordable housing; and WHEREAS, the City has adopted a housing element, but is in the process of planning and updating it as required by law; and WHEREAS, Government Code section 65589.3 provides that if the California Department of Housing and Community Development ( "HCD ") finds that a housing element or housing element revision substantially complies with Article 10.6 of the Government Code (sections 65580 through 65589.8), then the housing element or housing element revision is rebuttably presumed to be valid; and WHEREAS, on August 19, 2010, after months of study and working with a planning consultant knowledgeable on State law requirements for housing elements, the City submitted its draft housing element revision ( "Housing Element Revision") to HCD for its review and "substantial compliance" finding under Government Code section 65589.3, and has submitted to HCD several revised drafts since that time responding to HCD comments and suggestions, the most recent of which was submitted on or about July 15, 2011; and WHEREAS, HCD has yet to either approve or reject the City's proposed Housing Element Revision as being in substantial compliance with Article 10.6 of the Government Code; and WHEREAS, the City of Gilroy ( "City") has a long standing General Plan policy not to allow any residential development east of Highway 101; and WHEREAS, all versions of the proposed Housing Element Revision submitted to HCD since August 2010 specifically locate all residential development to the west side of Highway 101 and any new residential development projects proposed to be located on the east side of U=W991 -1- Ordinance No. 2011 -11 072611-04706089 Highway 101 would directly conflict with the current planning process for the proposed Housing Element Revision; and WHEREAS, the City received an application for a residential housing project ( "Project ") east of Highway 101, which use is at this time in conflict with the contemplated Housing Element Revision under review as part of the planning process to update the housing element; and WHEREAS, Government Code Section 65858(a) provides that a city may, without following the procedures otherwise required prior to the adoption of a zoning ordinance, "adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, an interim ordinance prohibiting for a reasonable time the processing of applications for residential development projects east of Highway 101 is necessary to provide additional time for the City and HCD to complete their planning, consideration and analysis of the proposed Housing Element Revision and to prohibit such uses that might be in conflict with the planning process; and WHEREAS, on August 1, 2011, in accordance with State law, the City Council held a duly noticed public meeting and took testimony regarding this interim urgency ordinance ("Interim Urgency Ordinance "); and WHEREAS, the City Council finds that this Interim Urgency Ordinance is not subject to the California Environmental Quality Act ( "CEQA," Public Resources Code sections 21000 et seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations "CEQA Guidelines," sections 15060(c)(2) and (3). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY FINDS AND ORDAINS AS FOLLOWS: UMW991 -2- Ordinance No. 2011 -11 07M 1-0470M SECTION I In accordance with State law, the City Council hereby finds that: The approval of any development entitlements for residential development projects in the City located east of Highway 101, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, which may be in conflict with the City's planning and processing through HCD the proposed Housing Element Revision, will result in a threat to public health, safety or welfare as follows: 1. Approval of any new residential development projects located east of Highway 101 would conflict with the City's proposed Housing Element Revision currently under study wherein all identified sites for possible future rezoning to housing are located west of Highway 101. 2. The public health, safety or welfare requires the immediate enactment of this Interim Urgency Ordinance because it is necessary to provide additional time for the City and HCD to complete their consideration and study of the proposed Housing Element Revision. 3. The public health, safety or welfare further requires the immediate enactment of this Interim Urgency Ordinance to prevent any impairment to the City's Constitutional police power to make and enforce its land use laws, and specifically, to not process any residential development projects located east of Highway 101 that are currently prohibited by the Land Use Element of the City's General Plan and are not included in the proposed Housing Element Revision. 4. The absence of any interim development controls would create a serious threat to the orderly and effective implementation of the City's proposed Housing Element Revision when adopted, and any related 2020 General Plan, Zoning Ordinance, and/or Gilroy City Code amendments which may be adopted by the City as a result of the proposed Housing Element Revision. SECTION H PROHIBITION ON APPROVALS OF RESIDENTIAL DEVELOPMENT PROJECTS ON THE EAST SIDE OF HIGHWAY 101. In accordance with the authority granted the City under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, from and after the effective date of this Interim Urgency Ordinance, no residential development project UMW991 -3- Ordinance No. 2011 -11 072611.04706089 entitlements, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, shall be approved or issued for the construction of new residential development projects in the City on the east side of Highway 101. SECTION III If any section, subsection, sentence, clause or phrase of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IV This Interim Urgency Ordinance is adopted pursuant to Government Code Section 65858. The City Clerk shall certify to the adoption of this Interim Urgency Ordinance and cause the same to be published in the manner prescribed by law, and it shall become effective immediately upon its adoption and remain in effect for a period of forty-five (45) calendar days unless extended in accordance with Government Code Section 65858. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 1" day of August 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, BRACCO, MUNOZ, TUCKER, PINHEIRO i`C630" NONE DILLON, LEROE- WOODWARD and APPROVED: Albert PinheilS, Mayor uACX85499.1 -4- Ordinance No. 2011 -11 072611-04706069 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Urgency Ordinance No. 2011 -11 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 0 day of August, 2011, 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 2nd day of August, 2011. City Clerk of the ZSWof Gilroy (Seal) EXHIBIT "B" ORDINANCE NO. 2011 -12 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS URGENCY INTERIM ORDINANCE NO. 2011 -11 PROHIBITING THE APPROVAL OF ANY RESIDENTIAL DEVELOPMENT PROJECT EAST OF HIGHWAY 101 WHEREAS, Government Code sections 65580 through 65589.8 require local agencies to adopt, implement and periodically revise a housing element into their general plans to accommodate their respective fair share of new and affordable housing; and WHEREAS, the City has adopted a housing element, but is in the process of planning and updating it as required by law; and WHEREAS, Government Code section 65589.3 provides that if the California Department of Housing and Community Development ( "HCD ") finds that a housing element or housing element revision substantially complies with Article 10.6 of Division 1 of Title 7 of the Government Code (sections 65580 through 65589.8), then the housing element or housing element revision is rebuttably presumed to be valid; and WHEREAS, on August 19, 2010, after months of study and working with a planning consultant knowledgeable on State law requirements for housing elements, the City submitted its proposed housing element revision ("Housing Element Revision") to HCD for its review and "substantial compliance" finding under Government Code section 65589.3, and has submitted to HCD several revised drafts since that time responding to HCD comments and suggestions, the most recent of which was submitted on or about July 15, 2011; and WHEREAS, HCD has yet to either approve or reject the City's proposed Housing Element Revision as being in substantial compliance with Article 10.6 of Division 1 of Title 7 of the Government Code; and WHEREAS, the City of Gilroy ( "City ") has a long standing General Plan policy not to allow any residential development east of Highway 101; and WHEREAS, all versions of the proposed Housing Element Revision submitted to HCD since August 2010 specifically locate all residential development to the west side of Highway 101 and any new residential development projects proposed to be located on the east side of 16AC185 M.3 -1- Ordinance No. 2011 -12 083111. 04706089 Highway 101 would directly conflict with the current planning process for the proposed Housing Element Revision; and WHEREAS, the City received an application for a residential housing project east of Highway 101, which use is at this time in conflict with the contemplated Housing Element Revision under review as part of the planning process to update the housing element; and WHEREAS, Government Code Section 65858 provides that a city may, with or without following the notice and public hearing procedures otherwise required prior to the adoption of a zoning ordinance, "adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, on August 1, 2011, in accordance with Government Code section 65858(a), the City Council at a duly noticed public meeting took testimony and adopted Ordinance No. 2011 -11 (a copy of which is attached hereto as Exhibit "A "), which prohibited, for a period of 45 days, the approval or issuance of any residential development project entitlements for the construction of new residential development projects in the City on the east side of Highway 101, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements; and WHEREAS, the adoption of Ordinance No. 2011 -11 was necessary to provide additional time for the City and HCD to complete their planning, consideration and analysis of the proposed Housing Element Revision and to prohibit such uses that might be in conflict with the planning process; and WHEREAS, on September 12, 2011, in accordance with State law, the City Council held a duly noticed public hearing and took testimony regarding this urgency interim ordinance extension ("Extension Ordinance "); and WHEREAS, the City Council has considered, and by adopting this Extension Ordinance ratifies and adopts, the September 2, 2011 report prepared by City staff describing the measures taken to date to alleviate the conditions which led to the adoption of Ordinance No. 2011 -11, a copy of which is attached hereto as Exhibit "B "; and WHEREAS, said report explains that following the adoption of Ordinance No. 2011 -11, there have been additional written comments sent to HCD by third parties regarding the Housing V AC1 W53.3 -2- Ordinance No. 2011 -12 083111-04706os9 Element Revision, to which comments the City has responded in writing, and that there have also been verbal communications between City staff and HCD staff, but that HCD has still not made a decision whether or not to certify the Housing Element Revision as being in compliance with State law; and WHEREAS, because the conditions justifying the adoption of Ordinance No. 2011 -11 thus have not been alleviated, the City Council now desires to extend the moratorium established by Ordinance No. 2011 -11 for an additional ten (10) months and fifteen (15) days, as permitted by Government Code Section 65858(a); and WHEREAS, the City Council finds that this Extension Ordinance is not subject to the California Environmental Quality Act ( "CEQA") (Public Resources Code sections 21000 et seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations "CEQA Guidelines," sections 15060(c)(2) and (3)). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY FINDS AND ORDAINS AS FOLLOWS: SECTION I In accordance with State law, the City Council hereby finds that: The approval of any development entitlements for residential development projects in the City located east of Highway 101, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, will be in conflict with the City's planning and processing through HCD of the proposed Housing Element Revision, and will result in a current and immediate threat to public health, safety or welfare as follows: 1. Approval of any new residential development projects located east of Highway 101 would conflict with the City's proposed Housing Element Revision currently under study wherein all identified sites for possible future rezoning to housing uses are located west of Highway 101. 2. The public health, safety or welfare requires the immediate enactment of this Extension Ordinance because it is necessary to provide additional time for the City and HCD to complete their consideration and study of the proposed Housing Element Revision. W1c185M.3 -3- Ordinance No. 2011 -12 0831 N- 04706089 3. The public health, safety or welfare further requires the immediate enactment of this Extension Ordinance to prevent any impairment of the City's Constitutional police power to make and enforce its land use laws, and specifically, to not approve any residential development projects located east of Highway 101 that are currently prohibited by the Land Use Element of the City's General Plan and are not included in the proposed Housing Element Revision. 4. The absence of any interim development controls would create a serious threat to the orderly and effective implementation of the City's proposed Housing Element Revision when adopted, and any related 2020 General Plan, Zoning Ordinance, and/or Gilroy City Code amendments which may be adopted by the City as a result of the proposed Housing Element Revision. SECTION II PROHIBITION ON APPROVALS OF RESIDENTIAL DEVELOPMENT PROJECTS ON THE EAST SIDE OF HIGHWAY 101. In accordance with the authority granted the City under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, from and after the effective date of this Extension Ordinance, no residential development project entitlements, including but not limited to, tentative maps, zoning amendments, use permits, building permits, or any other entitlements, shall be approved or issued for the construction of new residential development projects in the City on the east side of Highway 101, for a period of ten (10) months and fifteen (15) days. SECTION III If any section, subsection, sentence, clause or phrase of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IV This Extension Ordinance is adopted pursuant to Government Code Section 65858(a). The City Clerk shall certify to the adoption of this Urgency Interim Ordinance and cause the same to be published in the manner prescribed by law, and it shall become effective immediately ILAC1856953.3 -4- Ordinance No. 2011 -12 083111- 04706089 upon its adoption and remain in effect for a period of ten (10) months and fifteen (15) days unless extended in accordance with Government Code Section 65858(a). PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 12`h day of September 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Pinheiro, Mayor 1AC185M.3 -5- Ordinance No. 2011 -12 093111-04706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -10 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16�' day of July, 2012, 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 18'b day of July, 2012. City Clerk of the—City of Gilroy (Seal)