Resolution - 2005-56RESOLUTION NO.2005-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 05-01 ON
APPEAL OF PLANNING COMMISSION ACTION
• PRECISE PLAN NO. 05-01
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Linda Logan, McIntyre Properties
LOCATION: 1838 E. Workman Avenue
WHEREAS, there was filed with this City Council a verified application on forms
prescribed by the Council, a request for a precise plan of design to approve the design and allow
the construction of a 24-unit condominium project on that certain property generally described
as:
Assessor's Parcel No. 8454-018-901, as listed in the records of the office of the Los
Angeles County Assessor; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment from "Suburban Residential" (2.1 to 4.0 dwelling units per acre) to "High Density
Residential" (Over 20.0 dwelling units per acre); and
WHEREAS, consistent with this request, the applicant has also requested a zone change
from "Residential Agricultural" (R-A) to "Multiple -Family Residential" (20 dwelling units per
acre) (MF-20); and
WHEREAS, a tentative tract map has been submitted for the subdivision of the site into
24 condominiums; and
WHEREAS, a variance has been submitted to deviate from code requirements including
maximum ground coverage, density, lot width, and minimum dimension requirements for
recreation -leisure space; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 121h
day of July, 2005 conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission did adopt Resolution No. 05-5037 approving the
application; and
WHEREAS, on July 13, 2005, an appeal of the Planning Commission action was filed by
McIntyre Companies; and
WHEREAS, on July 21, 2005, an appeal of the Planning Commission action was filed by
Overton, Lyman and Prince, LLP as representatives of Ziad Alhassen, President of West Covina
Motors, Inc.; and
WHEREAS, the City Council did, on the 161h day of August, 2005, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
• Planning Commission, Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by this City Council and in its behalf reveal
the following facts:
1. The applicant is requesting approval of a precise plan to approve the design and allow the
construction of a two-story 24-unit condominium development, however, the Planning
Commission adopted a condition reducing the number of units to 22.
Resolution No. 2005-56
August 16, 2005
2. The project consists of a zone change requesting to change the zone from "Residential
Agricultural" (R-A) to "Multiple -Family Residential' (MF-20).
3. The project consists of General Plan amendment to change the land use designation from
• "Suburban Residential' (2.1 — 4.0 dwelling units per acre) to "High Density Residential'
(Over 20.0 dwelling units per acre), however, the Planning Commission recommended a
change in land use designation to "Medium High Density Residential' (15.1 to 20.0
dwelling units per acre).
4. Appropriate findings for approval of a precise plan of design areas follows:
a. That consideration has been given and restrictions imposed to the extent necessary to
permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal
circumstances, by the standard restrictions imposed by the Municipal Code.
b. That strict adherence to the development standards of the applicable zone and the
proposed precise plan will not measurably depreciate property values in the vicinity
or interfere with the use or enjoyment of property in the vicinity or endanger the
public peace, health, safety or general welfare.
c. That the project is reviewed in terns of its architectural design, general exterior
appearance, landscaping, color, texture of surface materials and exterior construction,
shape and bulk and other physical characteristics including location and type of
public utility facilities and is found to facilitate the orderly development of the precise
plan area.
5. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970,
a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared
indicating that although the project could have a significant effect on the environment, there
will not be a significant effect due to mitigating measures.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
SECTION 1. On the basis of the evidence presented, both oral and documentary, the City
Council makes the following findings:
a. The proposed project will provide needed housing in a multiple -family setting. The
proposed construction consists of a 24-unit condominium development with units ranging
from 1,309 square feet to 1,444 square feet. The proposed maximum height of the
buildings are 29 feet. The proposed project meets or exceeds all applicable Municipal
Code requirements, with the exception of the density, lot width, maximum ground
coverage and recreation -leisure space requirements. The subject property is adjacent to
multi -family residential properties to the east and north. The project has been designed
so as to properly adjust the use to the site and the surrounding area, and provide for the
necessary features and amenities to provide a desirable living environment for the
residents of the project.
b. The proposed project has been designed so as not to create any adverse visual or physical
impacts on surrounding properties. Vehicular and pedestrian access is gained from
Workman Avenue, immediately to the north of the site. The driveway approach to the
• site will not interfere with the surrounding properties. The project will be surrounded by
a six-foot high block wall, which will serve as a buffer between the site, including the
parking area, and the surrounding properties. Parking is provided in two -car garages and
eight guest parking spaces are provided. The subject property is bordered on the west
and south by an automobile dealership and on the east by an existing three-story senior
apartment building. Landscaping will be required to provide buffers and soften the
building appearance.
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Resolution No. 2005-56
August 16, 2005
c. The design and architecture of the proposed buildings reflect standards and materials that
will make them architecturally interesting and aesthetically appealing. The buildings
would feature a stucco exterior with a hip roof with Spanish tile. The portion of the
building facing Workman Avenue would include a "Cobblefield" stone veneer around the
doorway. The buildings would feature architectural details such as knee braces and
corbels on gable roof pop -outs and window shutters. The windows on all elevations
• include a variety of window treatments such as pot shelves, window trim, and wrought
iron railings. The project proposes 6,620 square feet of landscaping, which constitutes 15
percent of the site area. Much of the landscaped area is located around the perimeter of
the site. Trees planted within this area will serve as a visual buffer between the site and
the surrounding properties. The project also proposed two landscaped open space areas,
which will afford recreational opportunities to the residents.
SECTION 2. That pursuant to all of the evidence presented, both oral and documentary,
and further based on the findings above, Precise Plan No. 05-01 is approved for 24 units as
requested by the applicant subject to the provisions of the West Covina Municipal Code, provided
that the physical development of the herein described property shall conform to said plan and the
conditions set forth herein which, except as otherwise expressly indicated, shall be fully performed
and completed or shall be secured by bank or cash deposit satisfactory to the. Planning Director,
before the use or occupancy of the property is commenced and before the Certificate of Occupancy
is issued, and the violation of any of which shall be grounds for revocation of said precise plan by
the Planning Commission or City Council.
SECTION 3. That the precise plan shall not be effective for any purpose until the owner of
the property involved (or a duly authorized representative) has filed at the office of the Planning
Director, his affidavit stating he is aware of, and accepts, all conditions of this precise plan as set
forth below. Additionally, no permits shall be issued until the owner of the property involved (or a
duly authorized representative) pays all costs associated with the processing of this application
pursuant to City Council Resolution No. 8690.
SECTION 4. The costs and expenses of any enforcement activities, including, but not
limited to attorneys' fees, caused by the applicant's violation of any condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the applicant.
SECTION 5. That the approval of the precise plan is subject to the following conditions:
a. Approval of this precise plan is contingent upon, and shall not become effective unless and
until approval of General Plan Amendment No. 05-01 and Zone Change No. 05-02, by the
City Council and certification of the Negative Declaration of Environmental Impact.
b. Comply with plans reviewed by the Planning Commission on July 12, 2005.
c. Comply with color and material boards.
d. Comply with all applicable sections of the West Covina Municipal Code.
e. Comply with all requirements of the "MF-20" Zone, except as approved per Variance No.
05-01.
f. All windows on first and second -story shall include architectural treatment.
g. Alternative materials, preferably stone veneer to match the front, shall be provided on the
side elevations around the unit entryways.
. It. Architectural treatment shall be added to the side elevations to provide interest, such as
trellis work, kneebraces, corbels, wrought iron, or other materials.
i. A minimum of 4,800 square feet of common open space shall be provided in the
development, per Zoning Code standards.
j. Plans for improvements in the common open space areas shall be submitted for review and
approval prior to the issuance of building permits.
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Resolution No. 2005-56
August 16, 2005
k. The CC&R's shall specify that at such time as the existing service building on the property
line at the automobile dealership to the west is demolished, a block wall shall be constructed
by the applicant/property owner at 1838 E. Workman Avenue. -
. 1. The existing Fem Pine at the center of the property shall be preserved if feasible per location
of tree on precise grading plan and finished grading.
m. Lighting shall be installed that ensures that all areas of the property are well -lit and secure,
especially along the westerly property line adjacent to the existing automobile service
building on the property line.
n. Prior to the issuance of building permits, the applicant shall submit detailed landscaping and
irrigation plans to the Planning Director for review and approval. Said plans shall include
the type, size, and quantity of landscaping materials, as well as a fully automatic
comprehensive irrigation system. The plans shall comply with the City's standards for
water efficiency. Landscaping areas are to be kept free of litter and diseased or dead plants.
Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by
the Planning Director. All installation of landscaping and irrigation shall be completed prior
to issuance of a building permit final. Trees shall be planted around the perimeter if the site
in sufficient quantity so as to provide a visual buffer between the site and surrounding
properties, with particular attention paid to the east property line.
o. Vines shall be planted along perimeter walls in the front yard setback area.
p. Prior to the issuance of building permits, the applicant shall submit a detailed wall and
fencing plan to the Planning Department for review and approval. Said plan shall indicate
the locations for all fences and walls, and shall further indicate the height, materials, and
colors for all fences and walls. Perimeter block walls shall be six feet in height and
constructed of a decorative material, such as slumpstone or split -face block. Retaining walls
shall also be constructed of a decorative material.
q. All outdoor trash areas shall be screened on all sides from public view by a minimum
5'6" high decorative block wall with a gate constructed of durable materials and an
architectural cover. Trash enclosures visible from the parking area are required to have a
trellis cover. The trash compactor areas as indicated on the approved plans are not
required to be covered by a trellis any relocation of these enclosures may require trellis
covers. Provide construction details prior to issuance of a building permit.
r. Comply with all requirements of the "Art in Public Places" ordinance, prior to the
issuance of building permits.
s. Air conditioner units shall comply with all required setbacks. Rooftop units shall be
screened from views from all sides.
t. All new utilities shall be installed underground.
u. All ground -mounted, wall -mounted, and roof -mounted equipment not shown on the
approved Study Plan shall be screened from all views in a manner that is architecturally
compatible with the buildings on which they are mounted. Plans and elevations indicating
the type of equipment and method of concealment shall be submitted to the Planning
Director for review and approval prior to the issuance of building permits.
. v. That any proposed change to the approved tentative tract map shall be reviewed by the
Planning, Public Works, Fire and Police Departments, and the written authorization of
the Planning Director shall be obtained prior to implementation.
w. Recordation of Final Tract Map with the Los Angeles County Recorder shall be required
prior to issuance of building permits.
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Resolution No. 2005-56
August 16, 2005
x. A declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be prepared by the
developer/property owner and submitted to the Planning Director and the City Attorney.
The CC&R's shall be signed and acknowledged by all parties having any record title interest
in the property to be developed, and shall make the City a party thereto, and shall be
enforceable by the City. The CC&R's shall be reviewed and approved by the City and
. recorded prior to the recordation of the final tract map.
y. The CC&R's shall specify that no Recreational Vehicles, campers or recreational equipment
shall be parked in the guest parking spaces.
z. The CC&R's shall specify that the Guest Parking spaces shall be reserved for guests and
shall not be used for parking for residents.
aa. The applicant shall indemnify, hold harmless and defend the City Of West Covina (City),
its agents, officers, and employees from any claim, action, proceeding or damages against
the City, its agents, officers, or employees to attack, set aside, void, or annul the approval
by the City of this Tract Map. Further, the applicant shall indemnify, hold harmless and
defend the City Of West Covina (City), its agents, officers, and employees from any
claim, action, proceeding or damages against the City, its agents, officers, or employees
arising out of the action, inaction or negligence of the applicant, its employees, officers,
agents, contractors, subcontractors, successors or assigns in planning, engineering,
constructing or in any manner carrying out the Tract Map or any improvements required
for the Tract Map. The indemnity shall be contained in a written document approved by
the City Attorney.
bb. Prior to the issuance of building permits, the applicant shall draft a Prospective
Homebuyer's Awareness Package (PHAP), and submit it to the Planning Director for
review and approval. Such package shall include:
1. A standardized cover sheet as approved by the Planning Department.
2. Zoning and General Plan information.
3. School information.
4. Special assessment district information.
5. A copy of the Covenants, Conditions and Restrictions (CC & R's) applicable to the
tract.
6. Any additional information deemed necessary by the Planning Department, Planning
Commission, or City Council for the full disclosure of pertinent information.
cc. The applicant shall meet any and all monitoring or reporting requirements necessary to
ensure compliance with the mitigation measures contained in the Negative Declaration of
Environmental Impact as those may be determined by the City, including, but not limited to,
entering into an agreement to perform and/or for monitoring and reporting during project
construction and implementation. The applicant further agrees it will cease construction of
the project immediately upon written notice of a violation of such requirement and that such
a provision may be part of any agreement of City and applicant.
dd. Comply with the mitigation measures as outlined in the Initial Study/Environmental
• Assessment dated June 17, 2005 as follows:
1. Grading and construction shall be designed and implemented in accordance with the
requirements of the City Engineering Department and the Building Department. In
addition, grading and construction shall be completed in accordance with the West
Covina Municipal Code and the Uniform Building Code.
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Resolution No. 2005-56
August 16, 2005
2. The grading and drainage is required to be designed by a registered Civil Engineer and
the project will be required to comply with Standard Urban Stormwater Mitigation Plans
(SUSWMPS). In addition the grading shall be completed in accordance with the West
Covina Municipal Code and the Uniform Building Code.
3. Prior to issuance of a grading permit approval from the Engineering Division of a
• grading plan shall be obtained.
4. Fugitive dust control techniques pursuant to SCAQMD RULE 403 shall be
implemented, including but not limited to vigorous wetting procedures of all graded
areas and any stockpiles of loose materials.
5. During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from, leaving the site. At a minimum
this would include wetting down such areas in the later morning and after work is
completed for the day and whenever wind exceeds 15 miles per hour.
6. Roadways shall be swept periodically as determined by the City Engineer and/or
Maintenance Services Superintendent or otherwise cleared of any spilled materials to
assist in minimizing fugitive dust.
7. Trucks importing or exporting earthen materials shall be covered or sprinkled with water
prior to entering public streets.
8. Heavy-duty construction equipment shall be kept on -site when not in operations to
minimize exhaust emissions associated with vehicles repetitiously traveling to and from
the project site.
9. The number of pieces of equipment operating simultaneously should be minimized
through efficient management practices.
10. Construction equipment shall be maintained in proper tune to reduce exhaust emissions.
11. Diesel -powered equipment such as booster pumps or generators should be replaced by
electric equipment, if feasible.
12. Landscaping shall be installed on all graded surfaces proposed for landscaping as soon
as feasibly possible after the completion of grading operations.
13. During grading and construction, delivery of materials and equipment, outdoor
operations of equipment, and construction activity shall be limited to the hours between
7:00 a.m. and 8:00 p.m.
14. Mechanical equipment to be installed on the site shall be required to operate below 65
dB levels as measured from the nearest property line.
15. Stockpiling and/or vehicle staging areas shall be located as far as practicable from
residential properties.
16. All construction equipment, stationary or mobile, shall be equipped with properly
operating and maintained mufflers.
17. All construction equipment shall be stored on the project site during the construction
phase to eliminate daily heavy-duty truck trips on vicinity roadways.
• 18. The applicant shall inform residents adjacent to the proposed project of grading and/or
construction activities at least five (5) calendar days prior to the commencement of said
activities.
19. Activities taking place at the subject facility shall comply with the City noise ordinance.
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Resolution No. 2005-56
August 16, 2005
20. Project construction shall comply with the requirements of the Building Department and
the Uniform Building Code regarding interior noise levels.
21. A lighting plan check shall be conducted to ensure that light does not "spill over" onto
adjoining property. All exterior lighting shall be hooded and directed so as to reflect
away from adjoining properties. The Lighting Plan shall comply with the Lighting
• Standards established in Planning Commission Resolution No. 2513, Revision No. 6.
ee. Engineering Division Requirements:
1. Comply with all conditions contained in Planning Commission Resolution No. 567.
2. Sanitary sewers shall be provided to each "lot" in compliance with Municipal Code
Chapter 23, Article 2, and to the satisfaction of the City Engineer.
3. The required street dedication shall include that portion of Workman Avenue contiguous
to subject property. (Seven foot wide irrevocable offer.)
4. Nine and one -half -foot wide sidewalks with trees in tree wells shall be constructed along
Workman Avenue adjacent to curb.
5. Adequate provision shall be made for acceptance and disposal of surface drainage
entering the property.
6. Parking lot and driveway improvements on private property for this use shall comply
with Planning Commission Resolution No. 2513 and be constructed to the City of West
Covina Standards.
7. Water service facilities shall be constructed to at least meet the requirements for fire
flow established by the City's Fire Department and the requirements of the subsequent
water purveyor/owner of the facilities.
8. Prior to the issuance of Building Permits, all of the following shall be satisfied:
a. A final grading and drainage plan showing existing and proposed elevations and
drainage structures (and showing existing and proposed on -site and off -site
improvements) shall be submitted to and approved by the Planning and Engineering
Departments.
b. Arrangements for the installation of streetlights with underground wiring shall be
made with Southern California Edison Company. At the time of installation, the
applicant shall provide the necessary trenching and backfill. Submit two sets of the
subdivision and/or development plan to the Engineering Department, Traffic and
Lighting Section, to be used for designing the street light system.
c. A parking lot lighting plan showing electrolier types and locations, average
illumination levels, points of minimum illumination and photometric data in
conformance with Planning Commission Resolution No. 2513 and as requested shall
be submitted to and approved by the City Engineer.
d. An itemized cost estimate for all on -site and off -site improvements to be constructed
(except buildings) shall be submitted to the Engineering Division for approval.
Based upon the approved estimates, required fees shall be paid and improvement
securities for all on -site and off -site improvements (except buildings) and 100
• percent labor/materials securities for all off site improvements shall be posted prior
to final approval of the plans.
9. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 —
Subdivisions.
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Resolution No. 2005-56
August 16, 2005
10. Comply with all regulations of the Los Angeles Water Quality Control Board and
Article H of Chapter 9 of the West Covina Municipal Code concerning
stormwater/urban run-off pollution control.
11. A park dedication in -lieu fee shall be paid to the City Of West Covina prior to issuance
of a Building Permit pursuant to Section 20-40 of the Municipal Code.
• 12. All on -site drainage devices must drain to a public drainage facility.
13. No parking shall be allowed on Workman Avenue adjacent to the proposed
development.
ff. Building Division Requirements:
1. All Conditions of Approval as approved by the City Council shall appear as notes on
the plans submitted for building plan check and permits.
2. Compliance with the State of California Accessibility regulations is required,
including:
a. Accessible path of travel to entrances from the public sidewalk. Clearly show
connection to public sidewalk.
b. All sidewalks and curb within any pedestrian path of travel shall be made
accessible by use of curb ramps.
c. Common areas, paths and open spaces shall be accessible. (Inside of units is
exempt.)
d. Accessible parking, including at least one eight -foot wide loading zone on the
passenger's side.
3. Fire sprinklers are required.
4. Sanitation District Industrial waste approval is required. (Phone # 310-945-8200)
5. Any development over 1 acre of disturbed land shall file a Notice of Intent (NOI)
obtain a permit from the State Regional Water Quality Board.
6. Provide a detailed Standard Urban Stormwater Mitigation Plan (SUSMP) to
incorporate any best management practices to prevent pollution, trash, litter etc. from
entering any storm drain, channel or waterway. Covered discretionary projects
include:
• Redevelopment (creating at least 5000 square feet new impervious area)
7. SUSMP provisions applicable to all covered projects
• May not increase post -construction runoff where downstream erosion may occur
• Conserve Natural areas
• Minimize pollutants of concern
• Protect slopes and channels
• Provide storm drain stenciling and signage
• • Properly design storage and trash areas
• Provide ongoing maintenance of all BMP's
• Infiltrate or treat the volume of a 0.75-inch storm event prior to any discharge to the
storm drain system.
8. All new on -site utility service lines shall be placed underground.
9. Comply with min headroom in powder room.
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Resolution No. 2005-56
August 16, 2005
10. Garage shall have min 20' x 20' clear.
11. Side yards may become exit courts and shall comply with UBC exit court requirements.
12. Sidewalks shall be installed to provide complete exit path.
• 13. Show all sidewalks and street trees.
14. Show distance from centerline of street to property line. Dedication may be required.
15. Turn -around shall be marked as "no parking — fire lane."
16. A drainage and grading plans is required. Provisions shall be made for all contributory
drainage. All drainage shall drain to the street or other approved drainage course.
gg. Fire Department Requirements:
1. Fire lanes shall be determined by the Fire Department and painted, or posted, before
construction final.
2. An approved number or address must be provided in a position that will be plainly
visible from the street, or road fronting the property. Numbers are required to be a
minimum of six inches in height (commercial property) or three inches in height
(residential property). UFC, Section 901.4.4.
3. Submit a site plan which shows fire apparatus access roads with an unobstructed
width of not less than 20 feet and a vertical clearance of 13 feet, 6 inches. Cul-de-sac
and turn radiuses shall be a minimum of 35 feet (on -center of 12 feet). Approved
provisions for the turning radius of fire apparatus shall also be provided when a dead-
end access roadway (if applicable) is in excess of 150 feet in length. UFC, Section
902.2.2.
4. New public and/or on -site fire hydrants maybe required. Maximum spacing is 300 feet,
or 150 feet from the end of a cul-de-sac or dead-end. Show all fire hydrant locations on
a site map within 300 feet of the project.
5. Plans for fire department access roads shall be submitted for review and approval prior
to construction. Access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed vertical clearance of not less than 13 feet, 6 inches. All parts of the
building's exterior wall shall be within 150 feet of an approved Fire Department access
road. UFC, Section 901.
6. Sprinkler system plans for modifications, or for new systems, are permitted separately
by the Fire Department and must be approved before work begins. Submit a minimum
of three sets of drawings. Current fire flow data must be verified by a letter from the
water company.
7. Fire alarm plans for modifications, or for new systems, are permitted separately by the
Fire Department and must be approved before work begins. Submit a minimum of three
sets of drawings.
8. Provide portable fire extinguishers with a minimum rating of 2A1 OBC. Locations shall
be determined and equipment mounted before final construction approval.
9. The Fire Department must be contacted a minimum of three to five days in advance to
schedule inspections of testing.
10. This development shall conform with Title 19 and Title 24 of the California Code of
Regulations.
11. Gated access to the property is required to have a card reader installed which will open
the gate automatically, for emergency personnel, with a master card.
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Resolution No. 2005-56
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SECTION 6. The City Clerk shall certify as to the passage of this Resolution.
•
PASSED AND APPROVED on this 16"h day August 2005.
Mayor Shelley Sanderson
ATTEST:
City Clerk Lainie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 16`h day of August 2005, by the following
vote of the City Council:
AYES: Herfert, Wong, Sanderson
NOES: Hernandez, Miller
ABSENT: None
ABSTAIN: None
EXPIRATION DATE:
August 16, 2007
if not used.
APPROVED AS TO FORM:
" 0,
City Attorney *ld Alvarez-Glasman
•
zc
City Clerk Laurie Carrico
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