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HomeMy WebLinkAbout134-98RESOLUTION NO. 134-98 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND A PRELIMINARY DEVELOPMENT PLAN - REZONING (PUD 98-02) AND FINAL DEVELOPMENT PLAN - MAJOR SLrBDIVISION (SD 8165) REQUEST ALLOWING A 39-LOT RESIDENTIAL DEVELOPMENT (APN: 206-140-023, 024 -- FA YUN) WHEREAS, Fa Yun Monastery (Owner) and Braddock and Logan Group (Applicant) have requested approval of a Preliminary Development Plan - Rezoning request (PUD 98-02) and a Final Development Plan - Major Subdivision request (SD 8165) to rezone an 11.3 +/- acre property from A-2; General .Agricultural District to P-l; Planned Unit Development District and to allow a 39-1ot residential subdivision; and WHEREAS, the subject site is located on the east side of Lawrence Road at 1185 and 1195 Lawrence Road and is further identified as Assessor's Parcel Numbers 206-140-023 & 024; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Preliminary Development Plan prior to approval of a Final Development Plan and the approval of a Final Development Plan prior to the development of the property; and WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 14, 1998 and recommended that the Town Council approve the request; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending the Town Council approve the request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Danville Town Council approves of a Negative Declaration of Environmental Significance and approves of the Preliminary Development Plan - Rezoning request PUD 98-02 per the conditions contained herein and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 134-98 The proposed Rezoning is consistent with the General Plan Land Use Designation for the area. The proposed Rezoning is consistent with the Development Standards contained within the Lawrence/Leema Road Specific Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. , Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. and, be it further RESOLVED that the Danville Town Council approves of the Final Development Plan - Major Subdivision request SD 8165 per the conditions contained herein; and makes the following findings in support of this action: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the 39 new lots. , The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PAGE 2 OF RESOLUTION NO. 134-98 CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial Final Map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approva]l is for a Preliminary Development Plan - Rezoning (PUD 98-02) and Final Development Plan - Major Subdivision (SD 8165) request to rezone the property from A-2; General Agricultural District to P-l; Planned Unit Development: District and to subdivide the property to create 39 residential lots on a 11.3 +/- acre site identified as 1185 and 1195 Lawrence Road (APN: 206-140- 023,024). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map and Preliminary & Final Development Plan, consisting of one sheet, labeled "Subdivision 8165 - San Michele," as prepared by dk Associates, dated received by the Planning Division on June 12, 1998. Site Plan and Fence Plan, Street Tree Planting plan and Lawrence Road Planting Plan as prepared by Thomas E. Baak & Associates, dated received by the Planning Division on June 12, 1998. Architectural Floor Plans and Elevation as prepared by William Hezrnalhalch Architects, Inc., consisting of 21 sheets, dated received by the Planning Division June 12, 1998. The applicant shall pay or be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuerace of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (RTIP), SCC Sub-Regional, SCC Regional, Park Land In- lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, the Lawrence Road Benefit District fees ($518,076.00) AND THE Tri- Valley Transportation Developmenll Fees ($1,500.00 per unit). PAGE 3 OF RESOLUTION NO. 134-98 , 10. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project. This fee shall be $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan PAGE 4 OF RESOLUTION NO. 134-98 shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan ;shall be subject to the review and approval of the City Engineer and Chief of Planning. 11 At the time of submittal of the subdivision map and improvement plans for first plan checking, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Director of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. This project shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. 13 For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the.. area, and the rights of surrounding property owners to continue existing and/or future legally established rural/agricultural uses: IMPORTANT.' BUYER NOTIFICATION This property is located in a historically niral area with existing ntral and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, inchiding noise, odors, dust, and chemicals, will not be deemed a nuisance. 14. The applicant shall include a disclosure with each home sold within this development which states "This home is within the San Ramon I/alley Unified School District. The resident schools for the subject project are Montair Elementary, Los Cerros Middle, and Monte l/ista High Schools. Due to overcrowding in the district, students may be diverted to other schools." 15. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 234.00 ( 312 notices x $0.75 per notice). PAGE 5 OF RESOLUTION NO. 134-98 SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down- directed and {;lare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extenll feasible, such transformers shall not be located between any street and the front of a building. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. Lots within this project which are greater than 10,000 square feet in size shall be developed in a manner consistent with the Town's R-10; Single Family Residential District. Any exceptions to the R-10 zoning standards shall be subject to review and approval by the Design Review Board as part of the review of the final plot plans for the project. Lots within this project which are less than 10,000 square feet in size shall be developed in a manner consistent with the Town 's R-7; Single Family Residential District. All second units within this project shall meet the setback requirements established for the primary structures constructed within this project. No interior street lighting shall be installed within this subdivision. Low, ground directed, driveway/entry lighting for individual properties, shall be subject to review and approval by the Town' s Design Review Board. A public access easement and landscape maintenance easement shall be recorded over the landscape and trail area along the project's Lawrence Road frontage. This area shall be privately maintained by the project's homeowners' association. The 19.5+/- foot wide open space/landscape strip within this project shall be created as a separate parcel and shall be owned and maintained by the project' s homeowners:' association. A public access easement shall be established over the entirety of this area. Language shall be developed to be recorded as a deed notification for all lots PAGE 6 OF RESOLUTION NO. 134-98 within this subdivision which describes that the 19.5 foot wide open space/landscape strip parcel is for common public use, and may not be reserved for private use, privately maintained by individual property owners, or developed with private landscaping or structures installed by individual property owners. This language shall further describe that if any property owner violate this agreement and install private landscaping or structures within the public open space, the private landscaping or structures shall be removed at the property owner's expense. This language shall be submitted for review and approval by the City Attorney prior to recordation of the final map. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant: materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. A minimum of two street trees shall be planted in the linear open space fronting each lot (four for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. A homeowners' association shall be formed for this project, or this project shall merge with an existing homeowners' association in the area. The homeowners' association shall be responsible for the maintenance of all common areas and facilities within the project. The final design of the landscape treatment, path design and location, and fence PAGE 7 OF RESOLUTION NO. 134-98 10. 11. 12. design to separate the open space areas from private property, shall be subject to review and approval by the Planning Division and the Design Review Board prior to the issuance of building permits for this project. This landscape treatment shall be substantially consistent with the design of other approved landscape treatment in the area. The sidewalk within the 19.5 foot wide landscape area shall be modified to run parallel with the inside edge of the open space strip, adjacent to the low split rail fence. The plantings and irrigation for the common open space/landscape areas shall be installed by the developer prior to occupancy. The applicant shall develop a minimum of three landscape alternatives for front yard landscaping which complements the landscape treatment within the linear public open space/landscape areas. The landscape alternatives shall be submitted for review and approval by the Planning Division and the Town's Design Review Board prior to issuance of building permits for the project. Home buyers shall be offered the option to buy one of the a landscape alternatives to be installed by the developer. All front yard landscaping shall be installed prior to occupancy of the unit. The CC&R's for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. The driveway aprons within the 19.5 foot wide open space/landscape area shall be constructed with grass cells. The split rail fencing, to be constructed along the inside property line of Parcels A and B, shall be treated with a natural color stain treatment rather than painted white. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building PAGE 8 OF RESOLUTION NO. 134-98 permits for tlhe project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. Two of the stone units with the same front elevation treatments shall not be placed directly adjacent to or across the street from each other. If signing fi3r the proposed development is desired (subdivision signage), a comprehensive sign program shall be submitted to the Town for consideration under a separate sign permit application. Colors and materials for the homes built in this subdivision shall be consistent with color arid material boards on file with the Planning Division and displayed at the public hearings for this project. PARKING Parking shall be allowed on one side of the interior streets only. For the main loop road, parking shall be on the noah side. Minimal signage, maximum one sign per block, is allowed to set forth any required parking restrictions. No other regulatory signage or red curbs are permitted throughout the subdivision. GRADING Any grading on adjacent properties will require prior written approval of those property ownters affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with~ name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering PAGE 9 OF RESOLUTION NO. 134-98 10. recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (( rd. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction PAGE 10 OF RESOLUTION NO. 134-98 pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. 11. All retaining wall shall be constructed to be wholly contained within individual lots and maintained by either the property owner or the homeowner' s association. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved st~mdards and/or plans and shall comply with the standard plans and specificationts of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Handicapped ramps shall be provided and located as required by the City Engineer. Public streets shall be improved to the standards in #G.5. above. The proposed storm drainage system shall be a public system. PAGE 11 OF RESOLUTION NO. 134-98 Lawrence Road shall be improved to public standards per the Lawrence Road Specific Plan along the entire frontage of this project as follows: a. The right~of-way will be adjusted on the final map to conform to the Lawrence Road Specific Plan b. Install a 2.5 m wide trail along the east side 10. The main project loop road and the three cul-de-sacs shall be improved as public streets as follows: a. Improve these streets as 10 m curb to curb streets with paving and curb and gutter within a 10. 5 m street easement. b. A 2 m Public Utility Easements shall be offered for dedication abutting all streets. 11. The proposed storm drainage system shall be a public system, with appropriate easements throughout. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water systemt in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). , Prior to recordation of the Final Map for the project, the applicant shall submit to the Town, documentation that surface run~off from this project shall not exceed the flow restriction of 4,670 cubic feet per second for Alamo Creek at the Contra Costa County/Alameda County Line. If development of this project will result in a flow of greater than 4,670 cubic feet per second, then mitigation to reduce the flow to not exceed the flow restriction level shall be completed prior to the issuance of grading or improvement plan permits for this project. A deed notification shall be recorded to run with the title of all lots created by this subdivision to notify all future property owners of a PAGE 12 OF RESOLUTION NO. 134-98 10. 11. 12. 13. planned flood control benefit district for the area to help pay for the construction of future detention basins within the Dougherty Valley area. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. DevelopmenlL which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize eroslive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approve, d storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicaJ~t shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. PAGE 13 OF RESOLUTION NO. 134-98 MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use., of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. The project homeowners' association, through project-specific covenants, conditions and restrictions (CC&R's), shall be responsible for maintenance of all pedestrian ways, common landscape areas, common fencing, project retaining walls, and common drainage facilities. Draft project CC&Rs shall be submitted to the Town of Danville for review and approval a minimum of 30 days prior to recordation of the Final Map. 4. Use of a private gated entrance is expressly prohibited. , The locations, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. 7. A Notice of' Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) PAGE 14 OF RESOLUTION NO. 134-98 shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under construction. Consistent with the requirements of the Town' s Inclusionary Housing Ordinance, this development shall be required to incorporate second dwelling units into 10 of the 39 housing units built within this subdivision. If rented, these units shall be rented to a qualifying household at an affordable rate as defined by the Town's Inclusionary Housing Ordinance. The developer shall enter into a formal agreement with the Town which specifies the maximum income of the renters and regulated the terms of occupancy. This agreement shall be subject to review and approval by the Danville Town Council prior to recordation of the initial Final Map for the project. APPROVED by the Danville Town Council at a regular meeting on September 1, 1998 by the following vote: AYES: Waldo, NOES: None ABSTAIN: Ndne ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 15 OF RESOLUTION NO. 134~98