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Resolution - 2007-25RESOLUTION NO. 2007-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 67864 • TENTATIVE TRACT MAP NO. 67864 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Charles Mautz LOCATION: 850-856 S. Sunset Avenue WHEREAS, there was filed with this Council a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a tentative tract map to subdivide the 1.07-acre site into 20 residential air space lots for condominium purposes on that certain property described as: Assessor Parcel No's 8469-001-010, 8649-001-009 in the records of the Los Angeles County Assessor; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 131h day of March, 2007 conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did adopt Resolution No. 07-5215 denying Tentative Tract Map No. 67864; and WHEREAS, on March 14, 2007, an appeal of the Planning Commission action was filed by McIntyre Companies; and WHEREAS, the City Council did, on the 3rd day of April, 2007, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, the proposed tentative tract, with an overall density of 18.69 dwelling units per acre, is consistent with the proposed General Plan designation and proposed zoning classification of the site; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Low Medium Residential" (4.1 to 8.0 dwelling units per acre) to "Medium High Density Residential" (15.1-20.0 dwelling units per acre); and WHEREAS, the applicant has requested a zone change from "Residential Agricultural" (R-A) to "Multiple -Family Residential" (MF-20); and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, a variance has been submitted to deviate from code requirements including maximum ground coverage, second -story setbacks, building separation, and minimum dimension requirements for recreation -leisure space; and •WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a tentative tract map to allow the subdivision of 1.07 acres into 20 residential "air space lots" for condominium purposes. 2. The project consists of a zone change requesting to change the zone from "Residential Agricultural" (R-A) to "Multiple -Family Residential" (MF-20). Resolution No. 2007-25 Page 2 3. The project consists of General Plan amendment to change the land use designation from "Low Medium Residential" (4.1— 8.0 dwelling units per acre) to "Medium High Density Residential' (15.1- 20.0 units per acre). 4. The applicant is requesting approval of a precise plan to approve the design and allow the construction of a two-story 20-unit condominium development. is5. The applicant is requesting variances from various zoning regulations including second story setbacks, maximum ground coverage, recreational -leisure space with a minimum dimension of 50 feet, and building separation. 6. Appropriate findings for approval of a tentative tract map are as follows: a. That the proposed map is consistent with applicable general and specific plans. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. f. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public for access through or use of property within the proposed subdivision. 7. 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, for Tentative Tract Map No. 67864, the City Council makes the following findings: a. The proposed map is consistent with and aids in implementing the proposed "Medium High Density Residential' land use designation of the West Covina General Plan in that the proposed residential project results in the development of the proposed residences at a density of 18.69 dwelling units per acre (overall). The "Medium High Density Residential' designation allows densities between 15.1 and 20.0 dwelling units per acre. The tentative tract map is also consistent with the development standards of the "Multiple -Family Residential" (MF-20) Zone, with the exception of the requested variances. • b. The design and improvements of the proposed subdivision and precise plan is consistent with the General Plan. The density proposed by the tentative tract snap is consistent with the "Medium High Density Residential' proposed land use designation of the General Plan. The density proposed through implementation of the project represents a logical infill between the Sunset Plaza Apartments to the north and Torrey Pines apartments to the west. c. The site consists of a 1.07-acre parcel pad surrounded by single-family residences and multi -family apartment uses. Adequate provisions have been incorporated into the Resolution No. 2007-25 Page 3 design to accommodate the required development standards of the "Multiple -Family Residential" (MF-20) Zone, with the exception of the requested variances. The site has access from Sunset Avenue. d. The gross area of the site is approximately 1.07 acres and allows for the subdivision of the land into 20 "air space lots" condominium lots. In addition to the proposed 20- • townhouse units, the project includes resident parking within garages, seven guest parking spaces, driveways, landscaping, and recreational amenities. The tentative tract map is consistent with the development standards of the "Multiple -Family Residential" (MF-20) Zone, with the exception of the requested variances. The site will be developed in accordance with the grading and construction requirements of the West Covina Municipal Code and the City Engineer. e. The site consists of a 1.07-acre parcel that was previously occupied two single-family homes. The site is vegetated with grasses and ornamental trees around the property. There are no known endangered, threatened or rare species or habitats, or designated natural communities, wetlands habitat, or wildlife dispersal or migration corridors present on site. f. The proposed map and improvements will have access to a public sanitary sewer system, for the removal and disposal of wastewater, and to other necessary utility services. The site will be developed in accordance with the standards of the Public Works Department, the Municipal Code, the Uniform Building Code and other applicable requirements. g. While there are easements on the property, the existing easements would not be negatively affected by implementation of the proposed project. Access to the site will be provided by Sunset Avenue to the west with emergency public safety access to Bruce Avenue to the East. SECTION 2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, the tentative tract is approved 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 tentative map by the Planning Commission or City Council. SECTION 3. That the tentative tract 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 and tree removal permit 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 pursuant to all of the evidence presented, both oral and documentary, • and further based on the findings above, Tentative Tract Map No. 67864 is approved subject to the following conditions: a. Comply with tentative tract map reviewed by the City Council on April 3, 2007. b. Approval of this precise plan is contingent upon, and shall not become effective unless and until approval of General Plan Amendment No. 06-04 and Zone Change No. 06-04, and certification of the Negative Declaration of Environmental Impact by the City Council. Resolution No. 2007-25 Page 4 c. Comply with the development standards of "Multiple -Family Residential" (MF-20) Zone and all applicable provisions of the West Covina Municipal Code, except for deviations approved under variance no. 06-21. d. All windows on first and second -story shall include architectural treatment. • e. 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. f. Recordation of Final Tract Map with the Los Angeles County Recorder shall be required prior to issuance of building permits. g. The applicant shall sign an affidavit accepting all conditions of this approval. h. The proposed subdivision shall conform to West Covina Municipal Code Chapter 20 - Subdivisions. i. The trash enclosure shall be constructed of decorative block with wood trellis. j. 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. Written proof of recordation with the Los Angeles County Recorder/Registrars Office shall be provided to the Planning Department. k. 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. 1. All common areas shall be owned, operated and maintained by the Homeowners' Association. n. 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. Resolution No. 2007-25 Page 5 6. Any additional information deemed necessary by the Planning Department, Planning Commission, or City Council for the full disclosure of pertinent information. o. 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. p. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment dated December 21, 2006, as follows: 1. Prior to issuance of a grading permit, the applicant shall obtain the approval of the grading plan from the Engineering Division. The developer shall comply with the requirements of the City Engineer and Building Official. 2. All graded areas shall be protected with suitable groundcover so as to stabilize graded surfaces. The developer shall install all intended vegetative ground cover as soon as practicable after completion of earthmoving operations to provide effective soil stabilization. 3. Drainage improvements shall conform to the requirements of the Los Angeles County Flood Control District and be reviewed and approved prior to issuance of grading permits. 4. The developer shall obtain a construction permit from the State Regional Water Quality Control Board for construction period stormwater discharges. The developer shall comply with the SUSMP. Additionally, the developer shall incorporate best management practices, as mentioned earlier in this Initial Study to prevent erosion. 5. Vigorous wetting procedures, such as watering three times daily the project site to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces or other dust palliative measures shall be maintained during earth moving operations to minimize fugitive dust emissions. 6. 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 project site. At a minimum, this measure 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 (mph). 7. All paved access roads, parking areas, and staging areas shall be swept daily using SCAQMD Rule 1186 certified water sweepers or recommended water sweepers using reclaimed water. 8. Trucks importing or exporting earthen materials shall be covered or sprinkled with water prior to entering public streets. • 9. Heavy-duty construction equipment shall be kept on -site when not in use to minimize exhaust emissions associated with vehicles repetitiously traveling to and from the project site. 10. The number of pieces of equipment simultaneously operating shall be minimized through efficient management practices. 11. Diesel -powered equipment such as booster pumps or generators shall be replaced by electric equipment, if feasible. Resolution No. 2007-25 Page 6 12. During Santa Ana wind conditions with wind speeds exceeding 15 mph, soil disturbance areas shall be watered hourly or active operations on unpaved surfaces shall be terminated until the wind speeds no longer exceed 15 mph. 13. Graded surfaces shall be vegetated as soon as possible after the completion of • grading within the construction area. 14. Landscaping shall be installed on all graded surfaces proposed for landscaping as soon as possible after the completion of grading operations. 15. Construction workers shall be required to handle and process, as feasible, construction activity that could cause offensive odors off -site before coming onto the project area. 16. Traffic speeds on unpaved roads shall be limited to 15 miles per hour (mph) or less. 17. All construction equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. 18. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall have their engines turned off when not in use, to reduce vehicle emissions. Construction activities shall be phased and scheduled to avoid emissions peaks and discontinued during second -stage smog alerts. 19. To the extent possible, petroleum powered construction activity shall utilize electricity from power poles rather than temporary diesel power generators and/or gasoline power generators. 20. Heavy-duty trucks shall be prohibited from idling in excess of five minutes. 21. Prior to the issuance of any building permit, the applicant shall demonstrate on the plans the following: Architectural coatings and solvents shall have an ROC content of 75 grams per liter or lower, The applicant shall utilize building materials that do not require painting, as feasible, The applicant shall utilize pre -painted construction material, as feasible. 22. A full site plan for review, including all residential buildings, fences, drive gates, retaining walls or other features that might affect local Fire Department access shall be reviewed by the City of West Covina Public Works Department and Fire Department to ensure that adequate emergency access would be provided. 23. All demolition procedures shall comply with state and West Covina Public Works Department requirements regarding the removal of any hazardous substances, including but not limited to asbestos and asbestos -containing building materials. 24. 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 AM and 8:00 PM. 25. Mechanical equipment to be installed at the project site shall be required to the • extent feasible to operate below 65 dB levels as measured from the nearest property line. 26. All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained mufflers. 27. All construction equipment shall be stored on the project site during the construction phase to eliminate daily heavy-duty truck trips on vicinity roadways. Resolution No. 2007-25 Page 7 28. During construction activities, the proposed project applicant shall install a temporary noise barrier around the project site. The barrier shall be tall enough to break the line of sight between the construction equipment on the project site and sensitive receptors. 29. All exterior lighting shall be hooded and directed so as to reflect away from • adjoining properties. 30. In the event that paleontological or cultural resources are discovered at the project site, the developer shall notify the Planning Department and halt or divert work until such time as a qualified specialist, as determined by the West Covina Planning Department, has been retained to assess the findings and initiate a recovery program, as appropriate. q. 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 improvements shall include those portions of Sunset Avenue and Bruce Avenue. 4. Nine -foot sidewalks (with trees in tree wells) shall be constructed along Sunset Avenue and four -foot sidewalks with trees on Bruce Avenue adjacent to curb and property line. 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 Resolution No. 2007-25 Page 8 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. • 10. Comply with all regulations of the Los Angeles Water Quality Control Board and Article II 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. The Developer shall conduct onsite drainage study and provide appropriate drainage system. . 13. The developer shall deposit $22,000 for half street rehabilitation work on Sunset Avenue and Bruce Avenue. r. Building Division Requirements: 1. All Conditions of Approval as approved by the Planning Commission shall appear as notes on the plans submitted for building plan check and permits. 2. Street improvements shall be constructed in accordance with the concept of recommendation #1 of the traffic report by Kimley-Horn & Associates, dated February 26, 2007. Detailed construction plans shall be submitted to the City for approval prior to issuance of grading permits. The work shall be completed prior to occupancy. 3. 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. Separate from the driveway. b. All sidewalks and curb within any pedestrian path of travel shall be made accessible by use of curb ramps. c. Accessible parking, including at least one eight foot wide loading zone on the passenger's side. 4. An approved fire alarm system is required. Fire sprinklers are required. 5. Sanitation District Industrial waste approval is required. (Phone # 310-945-8200) 6. 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. 7. 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: 8. SUSMP provisions applicable to all covered projects • Conserve Natural areas • Minimize pollutants of concern • Protect slopes and channels • Provide storm drain stenciling and signage • Properly design storage and trash areas Resolution No. 2007-25 Page 9 • Provide ongoing maintenance of all BMP's • May not increase post -construction runoff where downstream erosion may occur s. 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) of contrasting colors to the background. UFC, Section 901.4.4. 3. Plans for fire department access roads shall be submitted, separately to the Fire Department, 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). 4. New public and/or on -site fire hydrants may be 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. Fire flow shall comply with Fire Code requirements but shall not be less than 1000 GPM (residential) or 1500 GPM (commercial) for a duration of two (2) hours. A letter from the Water Company shall verify required fire flow (UFC, Section 903.2 and 901.4) 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 sprinkler monitoring plans 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. This development shall conform to Title 19 and Title 24 of the California code of Regulations, 2001 CFC, CBC, CEC, CMC, CPC, and WCMC. 9. Submitted plans must identify the scope of the project, occupancy classification, construction type, total square feet of the building and whether the structure will be equipped with an automatic fire sprinkler system and/or fire sprinkler monitoring system. • 10. After the construction project is completed and final approval has been granted by the Fire Department, any sets of plans the Fire Department has will be retained for pick-up for sixty (60) days. If they are not picked up within the sixty (60) days, the plans will be discarded. 11. All new construction or tenant improvement (T.I.) projects shall require a Knox box to be installed at a location determined by the Fire Inspector. The box shall contain the property's master key for emergency operations for Fire Department personnel only. Resolution No. 2007-25 Page 10 12. Plans and specifications for fire hydrant systems shall be submitted to the Fire Department for review and approval prior to construction. Fire hydrant location and spacing shall comply with UFC, Appendix III -A. Fire flow shall comply with UFC, Appendix III-B. • 13. Any structure in excess of 150 feet from a water supply required for fire protection, measured to the rear of a structure, must be provided with an additional on -site fire hydrant, In accordance with UFC, Section 103.1.2, residential sprinklers may be accepted as an alternative means of protection. A minimum of 3 sets of drawings for the sprinkler system must be submitted separately to the Fire Department for review and approval. Drawing approval must be obtained before works begin (UFC, Section 903). 14. A water supply system shall be designed and installed, capable of providing a minimum fire flow as required by the Fire Code and verified by a letter from the Water Department. On -site fire hydrants shall be installed as required prior to the construction phase of the development. Plans for the on -site water supply system shall be submitted and approved by the Fire Department before work begins. 15. An approved automatic fire sprinkler system shall be installed on all new buildings. 16. Certification of installation: The installer shall, upon completion of the installation and testing, provide the NFPA 72 " Certificate of Compliance" to the inspector stating that the system has been installed in accordance with the approved plans and specifications (CFC, Section 1007.3.4.2a). 17. Provide the manufacturer's printed technical data and California State Fire Marshal's listing sheets for all system components and devices for cross-reference during plan review (UFC, Section 1001.3 and NFPA 72, Section 1-7, 1996 edition). 18. Please note on the plans that the Fire Department must be contacted a minimum of 3-5 days in advance to schedule inspections or testing. 19. Compliance with CFC, Article 87 "Fire Safety During Construction, Alteration or Demolition of a Building" must be maintained. Please note on the plans. 20. Gated access to the property is required to have card reader installed which will open the gate automatically, for emergency personnel, with a master card. SECTION NO. 6: The City Clerk shall certify to the passage of this resolution. PASSED AND APPROVED on this 3rd day April, 2007. Mayor Pro Tern Sherri Lane ATTEST:. City Clerk La 'e Carrico ' Resolution No. 2007-25 Page 11 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 3rd day of April, 2007, by the following vote of the City Council: AYES: Herfert, Lane, Sanderson NOES: Hernandez ABSENT: Touhey ABSTAIN: None EXPIRATION DATE: April 3, 2009 if not used. APPROVED AS TO FORM: City Attorney Ar old Alvarez-Glasman 0 Clerk -A