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Resolution 2016-60RESOLUTION NO. 2016-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE EXTENSION OF TENTATIVE MAP TM 05 -0613, CREATING SIX SINGLE - FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 2.5 ACRES LOCATED AT 2730 LONE OAK COURT, WITHIN THE HECKER PASS SPECIFIC PLAN AREA; APN 810 -20 -007 WHEREAS, The James Group submitted application TM 05 -0613, requesting a tentative map to create a six -lot residential subdivision on approximately 2.5 acres ( "the Project "), located at 2730 Lone Oak Court, within the Hecker Pass Specific Plan area, APN 810 -20 -007; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 1, 2006, at which time the Planning Commission considered the public testimony, the staff report dated May 25, 2006 ( "Staff Report"), and all other documentation related to application TM 05- 06B, and recommended that the City Council approve said application; and WHEREAS, pursuant to the California Environmental Quality Act, ( "CEQA "), the Project was determined to be exempt from CEQA review under Class 32, Section 15332, Infill Development Projects; and WHEREAS, the City Council held a duly noticed public hearing on June 19, 2006, at which time the City Council considered the public testimony, the Staff Report, follow -up staff reports dated June 6, 2006, and June 12, 2006, and all other documentation related to application TM 05 -0613; and WHEREAS, the City Council approved tentative map application TM 05 -06B on July 17, 2006, providing for a tentative map expiration date of July 17, 2008; and WHEREAS, the State of California provided for seven years of automatic tentative map extensions, with a resulting tentative map expiration date of July 17, 2015; and WHEREAS, pursuant to Gilroy City Code Section 21.41(i), tentative map approvals may be extended for three periods not to exceed an additional 12 months each, at the discretion of the City Council; and WHEREAS, prior to the expiration of the map, the applicant submitted a request to extend the tentative map approval for two periods of 12 months each, extending the tentative map approval to July 17, 2017; 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. RESOLUTION NO. 2016-60 NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's Zoning Ordinance, Hecker Pass Specific Plan, the City's Subdivision and Land Development Code, and with the State Subdivision Map Act. 3. The proposed Project is consistent with the intent of the goals and policies of the General Plan and the land use designation for the property on the General Plan map (Hecker Pass Special Use District). 4. The Project is consistent with the surrounding development. 5. There is no substantial evidence in the entire record that there will be any new significant environmental impacts as a result of this Project due to the required mitigation measures to be applied. SECTION II The extension of Tentative Map TM 05 -06B to July 17, 2017 is hereby approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 05 -06B FINAL CONDITIONS OF APPROVAL." PASSED AND ADOPTED this 5t" day of December 2016, by the following vote: AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ, TUCKER and WOODWARD NOES: COUNCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS: NONE RECUSED: COUNCILMEMBERS: AULMAN RESOLUTION NO. 2016-60 EXHIBIT A TM 05 -06B FINAL CONDITIONS OF APPROVAL Planning Division (contact Rebecca Tolentino at 846 -0218, Rebecca. ToIentino0ki.gilrov. ca. us) 1. The applicant shall place a deed restriction on the lots in this development stating that future homes developed within this subdivision shall be consistent with the requirements of the Hecker Pass Specific Plan document and that each lot will require approval of an Architectural Site Review. The developer shall provide staff with a copy of this deed restriction prior to Final Map approval. 2. The developer shall disclose to every future homebuyer that this project is located within the Hecker Pass Special Use District and that the future homeowners will be required to participate in a cost sharing agreement to pay their fair share of the maintenance costs associated with the improvements in the Hecker Pass Special Use District. The developer shall provide staff with a copy of this disclosure statement prior to Final Map approval. 3. Subject to the final design of the subdivision, the developer shall place a sign at the terminus of Lone Oak Court that discloses that this street will be extended. 4. The project shall be subject to the applicable mitigation measures of the Hecker Pass Specific Plan Environmental Impact Report. 5. Prior to final map approval or site grading, whichever comes first, the applicant shall obtain Habitat Permit approval and pay all applicable fees. City Attorney (contact Linda Callon at 286 -5800, linda.callon wberliner.com) 1. The subdivider shall defend indemnify and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, 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. 2. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.) no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. Engineering Division (contact Maria Angeles at 846- 0265, Maria. Angeles (ailrov. ca. us) RESOLUTION NO. 2016-60 CONDITIONS OFAIITROVAL 1. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications and Standards Design Criteria, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 2. In the event it is necessary to acquire offsite easements or street right -of -way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right -of -way. This agreement shall be recorded and 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. 3. FEES a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2017. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 4. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11 " SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL -11. c. Developer shall install all street light conduits as 2" SCH40 PVC per City Standard EL -1 and related pull boxes shall follow City Standard EL -14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. RESOLUTION NO. 2016-60 e. Developer shall design driveway grades to keep the automobile from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. g. All temporary roads and detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 5. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Stormwater Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 6. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of RESOLUTION NO. 2016-60 California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 7. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 8. The developer shall provide connection to improvements needed to accommodate the future backbone infrastructure of the HPSP, including all wet and dry utilities, roadway construction, etc. 9. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or occupancy of the first building. 10. Once this tentative map is approved, the developer shall submit a 2-1/2 X 11 -inch site to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right -of -way lines, north arrow and curb cuts for driveway. 11. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 12. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: i. 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 RESOLUTION NO. 2016-60 part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. f. Joint trench composite plans shall be approved prior to final map /improvement plan approval or as otherwise determined by the Public Works Director /City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer - signed and PG &E- approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 13. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Comer Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 14. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 15. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number RESOLUTION NO. 2016-60 and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 16. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 17. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 18. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 19. HAUL PERMIT: If the project has excess fill or cut that will be off - hauled to a site or on- hauled from 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. 20. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 21. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). RESOLUTION NO. 2016-60 22. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 23. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 24. TRANSPORTATION: Typical Private Street sidewalk shall be minimum 5' wide. 25. STORMWATER: This project is subject to post - construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. RESOLUTION NO. 2016-60 10 b. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1) Site address; 2) Date and time of inspection; 3) Name of the person conducting the inspection; 4) List of stormwater facilities inspected; 5) Condition of each stormwater facility inspected; 6) Description of any needed maintenance or repairs; and 7) As applicable, the need for site re- inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the Fall report, and no later than March 15th of the following year for the Winter report. Fire Department (contact Jackie Bretschneider at 846 -0430, Jacqueline.Bretschneider( ci.gilroy.ca.us) Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square feet. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map /site improvements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit. 2. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13 ft. 6 in. shall be provided. Turning radius shall not be less than 32 feet inside and 39 feet outside. Parking restrictions shall be as follows: a. Less than 28 ft. no parking on either side b. 28 ft. to 35 ft. no parking on one side. c. 36 ft. or greater, parking not restricted. 3. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. A parking enforcement plan shall be provided by the developer for the HOA to follow, and shall be included in the CC &R's. CCR's shall be sent to Fire Marshal for review. 4. Site improvement map shall show red curbing and signage and include a note that reads: "Red curbing and signage shall be maintained by the Home Owners Association pursuant to the CCR's. 5. The 2013 Fire Code adoption requires dead -end fire apparatus access roads in excess of 150 feet (45m720 mm) in length shall be provided with an approved turn- around area for turning RESOLUTION NO. 2016-60 11 around the fire apparatus. The turn- around shall consist of a bulb shaped cul -de -sac that accommodates the fire apparatus turning radius. Parking of vehicles within the fire apparatus turning radius shall not be permitted. Obstructions by fences or gates that may interfere with the use of turn- around are not permitted. Fire apparatus turn- arounds shall be posted as Fire Turn- Around and parking restrictions enforced with red painted curbs. Dead end roads in excess of 750 feet require special approval and may be required to have additional apparatus turn outs or greater width. Santa Clara Valley Water District (contact Yvonne Arroyo at 408 265 -2607 x 2319, varroyo( ,valleywatenorg) 1. The developer shall show how the project will treat and minimize storm water runoff from the development prior to its discharge into the storm drain system. Council -added Conditions 1. Lone Oak Court shall be designed as a public street to comply with the Hecker Pass Specific Plan. 2. The developer shall either provide details showing that the existing outfall adequately addresses drainage or shall detain the difference between existing run -off and project run -off on site, subject to the approval of the City Engineer. 3. Prior to final map approval, the developer and/or property owner shall record an executed and recordable amendment to its easement for sewer and storm drain facilities over the adjacent property, further described as Assessor's Parcel Number 810 -20 -015 (the "Adjacent Property "). Such easement amendment shall allow the property owner's existing easement to be relocated from its current location in and on the Adjacent Property so long as said easement amendment provides the property owner, its successors and assigns with equivalent access to service connection points and so long as relocation of existing facilities within such easement is completed at no cost to the property owner. The easement amendment shall be submitted to City for approval prior to recordation. RESOLUTION NO. 2016-60 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -60 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 5h day of December, 2016 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 6`h day of December, 2016. (Seal)