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Resolution Number 00-1-4-2RESOLUTION NO. 00-1-4-2 APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 15701 (ROMER/STONEFIELD DEVELOPMENT► A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15701, AN EIGHT -LOT TENTATIVE TRACT MAP FOR A 3.24 -ACRE PARCEL LOCATED AT 32101 DEL OBISPO STREET (ROMER/STONEFIELD DEVELOPMENT) WHEREAS, Carlos Romer, 32101 Del Obispo Street, San Juan Capistrano, CA 92675; and Stonefield Development, Arthur McCaul, Director, 23333 Avenida la Caza, Coto de Caza, CA 92679, represented by KD Housing Partners, Attn.: John Durso, 10 Crystal Pool, Irvine, CA 92612, have requested approval of a tentative tract map (TTM) to subdivide an existing 3.24 -acre property into eight (8) single-family lots ranging in size from approximately 0.28 -acre to approximately 0.57 -acre with access via a privately maintained cul-de-sac street connected to Calle Aspero; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project initial study prepared pursuant to Section 15063 of the California Environmental Quality Act Guidelines and, pursuant to Section 15070 of the California Environmental Quality Act Guidelines, has issued a mitigated negative declaration and caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the California Environmental Quality Act Guidelines; all mitigation measures have been included herein as conditions of approval, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, WHEREAS, the Planning Commission conducted duly -noticed public hearings on October 12 and November 23, 1999 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, WHEREAS, the Design Review Committee conducted a public meeting on Wednesday, November 3 to review the proposed grading and retaining wall preliminary design with respect to the City's "scenic drive" designation for Del Obispo Street; and, WHEREAS, the City Council conducted a duly -noticed public hearing on January 4, 2000 to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby makes the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element which designates the property as 1.3, medium -low density residential" (3.5 du/acre) which would allow a maximum of eleven (11) single-family residential lots/dwellings on the property, while the project proposes -1- eight(8)lots. Consequently, the proposed use is the same as that envisioned by the General Plan and the density is less than the maximum allowed by the General Plan; and, 2. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Circulation Element which designates Del Obispo Street as a primary arterial because the project is designed to provide for the dedication of the necessary public right-of-way to accommodate the future widening of the street to an arterial standard; and, 3. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Scenic Highways Element which designates Del Obispo Street as a "scenic road" because mitigation measures require that the project prepare and submit design concepts for the Del Obispo Street Corridor which would establish an aesthetic and unifying design theme for the Del Obispo Street Corridor; and, 4. The proposed project complies with all applicable provisions of the Land Use Code and specifically the Section 9-3.424, Development standards for the "RS" (single- family residential) Zone District subject to the mitigation measures and conditions of approval contained in this resolution; and, 5. The proposed project complies with all applicable provisions of the Land Use Code and specifically Title 9, Article 4, Subdivision Regulations with respect to street design, grading, stormwater management, water facilities, and park dedication subject to the conditions of approval contained herein; and, 6. The proposed project complies with all applicable provisions of the California Environmental Quality Act because the City's has identified all potentially significant impacts of the project, and the proposed mitigation measures will reduce those potentially significant environmental impacts to a level of insignificance, and said mitigation measures have been included herein as conditions of approval. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the mitigated negative declaration, and approves Tentative Tract Map 15701 subject to the following mitigation measures and conditions of approval: Mitiaation Measures M.M.1. Prior to City approval of any improvements plans for the subdivision grading and retaining wall, the project will prepare and submit design concepts for the proposed retaining wall, grading and hillside landscaping consistent with the "scenic drive" designation of Del Obispo Street, for review and approval by the Planning Commission. The design concepts will include the use of alternative retaining wall materials and/or 1'/::1 reinforced slopes (i.e. geogrid), and alternative landscape plant palettes which are consistent with the design character of the Del Obispo Corridor. The City will work cooperatively with the project to secure the timely review and approval of the "Del Obispo Corridor Design Concept." -2- 065 M.M.2. The existing trees (Deodars and Aleppo Pines) along the westerly property line and the existing street trees (Jacarandas and Brazilian Peppers), shall be preserved. The project grading plan shall indicate the location and drip line limit of those trees. Prior to issuance of a grading permit, the project grading plan will identify the limits of grading so as to assure that all grading along the westerly property line is outside the drip line of existing trees (Deodars and Aleppo Pines), and all grading and retaining wall trenching along the Calle Aspero frontage is outside the drip line of the street trees. M.M.3. Prior to site grading, the project shall install stakes or temporary fencing at the limits of grading to prevent grading within the drip lines of those trees designated for preservation including existing trees along the westerly property line and the street trees along Calle Aspero. M.M.4. In the event any of the existing trees along the westerly property line would die as a result of grading, as determined by the Planning Director on the recommendation of the project arborist. the project shall replace such trees with the same species, or a comparable species subject to approval of the adjoining property owner, with a minimum forty-eight (48) inch box nursery stock. In the event any of the existing street trees would die as a result of grading, as determined by the Planning Director on the recommendation of the project arborist. the project shall replace such trees with the same species, and comparably sized nursery stock. M.M.S. Prior to grading permit issuance, the project shall submit a landscape plan for Planning Commission review and approval. The project shall preserve the existing Ficus (#947) and preserve or relocate the existing Washington Palm (#952) which shall be indicated on the preliminary landscape plan. M.M.6. Prior to issuance of a grading permit, the applicant shall submit a dust control plan for minimizing PM,o emissions associated with grading and construction to the satisfaction of the Planning Director or his designee. Such a plan or procedures for PM,p emissions reduction will be consistent with South Coast Air Quality Management District (SCAQMD) Rule 403 and may include use of soil binders, truck washing, street sweeping, and regular vehicle maintenance. M.M.7. During grading operations, the site shall be periodically wetted -down and maintained in a condition which minimizes the production of fugitive dust emissions (PM,,). M.M.B. During periods when average wind speeds exceed twenty-five (25) miles per hour, the City's Building Official shall have the authority to require the project to cease all grading activity, or implement extraordinary air quality mitigation to effectively reduce fugitive dust emissions (PM,,). M.M.9. The proposed grading plan including finished slopes, stormwater drainage, and related improvements shall be designed to comply with all applicable City grading ordinances and policies. Prior to the issuance of a grading permit, the -3- K.. City shall determine that the project complies with all applicable provisions of Title 8 and Title 9 of the Municipal Code related to grading. M.M.10. Proposed retaining walls shall be designed by a professional engineer and constructed to standards and specifications established by the City Engineer. In conjunction with the submission of improvement plans for the proposed retaining walls, the applicant shall submit a soils study/geotechnical report prepared by a qualified engineering geologist which analyzes soils and geologic conditions and provides specific recommendations on the design of the proposed retaining walls. M.M.11. Manufactured slopes shall not exceed a maximum finished grade of 2:1, or 1'/::1 for slopes reinforced with geogrid or comparable slope stabilizing material. M.M.12. Prior to grading permit issuance, the project will provide evidence to the satisfaction of the Planning Director that all adjoining property owners have been provided the opportunity to have their homes and property photo -documented with respect to the physical condition of the property, immediately prior to and following the completion of mass grading. Notification will be provided by first- class mail, return -receipt requested and property owners will be given at least ten (10) days to arrange for such photo -documentation. M.M.13. Prior to issuance of any grading or building permit, the project shall submit a stormwater management plan for the project which evaluates drainage areas, stormwater runoff, existing stormwater drainage facilities, and the need for additional stormwater improvements which shall be prepared to the satisfaction of the City Engineer. Prior to issuance of any building or grading permits, the City Engineer or his designee shall determine that the existing public stormwater drainage facilities potentially impacted by the project are adequate to accommodate all drainage associated with the project. The City Engineer may require the project to upgrade existing public stormwater drainage facilities in order to accommodate the project's runoff. M.M.14. Prior to approval of the final subdivision map, the project shall demonstrate compliance with the City's stormwater drainage standards for subdivisions using "Best Management Practices" (BMP) subject to the review and approval of the City Engineer or his designee. M.M.15. The proposed stormwater drainage line extending from the subdivision street turn -around to Calle Aspero shall include a surface drainage swale within the storm drainage easement and over the storm drain line to accommodate stormwater in the event the line were to become obstructed by debris. M.M.16. Construction including grading and building activity shall comply with Municipal Code Noise Ordinance and specifically, grading and building shall only be permitted to occur Monday through Friday from 7:00 a.m. to 6:00 p.m.; and Saturday from 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on — Sunday and all Federal holidays. 13 067 M.M.17. All construction equipment shall be properly maintained and affixed with functional OEM (original equipment manufacturer) mufflers to minimize noise impacts. The Building Official or his designee shall have authority to prohibit the use of any heavy equipment with damaged or faulty mufflers, until equipment is repaired accordingly. M.M.18. The proposed subdivision street shall be designed to provide a minimum twenty- five (25) foot wide unobstructed travelway (pavement) with on -street parking permitted on only one -side of the street. The project shall install necessary signage which indicates the parking restriction along the subdivision street. M.M.19. The proposed cul-de-sac subdivision street shall include a turn -around design which complies with the design guidelines of the Orange County Fire Authority (OCFA), either a standard cul-de-sac or "hammerhead" turn around. M.M.20. Prior to the issuance of any grading permit, the project shall secure approval of a haul route plan for the importation of fill to the site. The haul route plan will restrict truck ingress to the site via Del Obispo Street. Truck egress from the site may be provided via Calle Aspero or Del Obispo Street. The specific route and location of ingress and egress points shall be subject to approval by the City Engineer. Conditions of Approval 21. Prior to final map approval, the project will prepare and submit street improvements plans consistent with the street lighting requirements of Section 9-4.108 of the Land Use Code. 22. Prior to final map approval, the project will submit details and plans for protection of existing street trees along Calle Aspero and will provide a performance bond to cover the full cost of replacement for any trees which may die as a direct or indirect result of grading or construction. Prior to grading permit issuance, the project grading bond will include the cost of replacement of all existing Calle Aspero street trees. Within one year of construction of the retaining wall along Calle Aspero, the City will inspect the condition of the Calle Aspero street trees. The project shall be responsible for such trees with the largest available nursery stock, not to exceed the caliper of the original tree, of the same species or alternate species subject to approval by the Public Works Manager. 23. Prior to final map approval, the project will submit a street signing plan, as part of the street improvement plans, which shows the location of signs restricting on -street parking to only one -side of the proposed cul-de-sac street, consistent with the City's public facility standards. Prior to issuance of the first occupancy permit, the project shall install all signs consistent with the City -approved street improvement plans. 24. Prior to final map submission, the project will submit preliminary landscape plans for all proposed manufactured slopes over eight (8) feet in height subject to review and approval by the Planning Commission. -5- M. Prior to approval of the final map, the project will submit Conditions, Covenants, & Restrictions (CC&Rs) which establish a Homeowners Association to maintain all major slopes. Prior to final map approval, the project will delineate the areas of manufactured slopes in excess of eight (8) feet vertical height (i.e. major slopes) which shall be subject to the sole maintenance responsibility of the Homeowners Association. Prior to approval of the final map, the project will submit final landscape plans which demonstrate compliance with the City's Water Conserving Landscape standards to the satisfaction of the Planning Director. 25. Prior to final map approval, the improvement plans shall include the provision of "overflow" surface drainage in a shallow swale situated over the proposed storm drain easement subject to approval by the City Engineer or his designee. Further, the proposed storm drainage line shall be designed to connect to the existing below ground storm drainage facilities at the intersection of Del Obispo/Calle Aspero. 26. Prior to final map approval, the project improvement plans shall include design plans for boundary privacy walls for each proposed lot directly adjoining existing single family homes. Walls shall consist of decorative block or comparable material subject to approval by the Planning Director or his designee, and shall be a minimum five (5) foot in height. Proposed walls for Lot 1 at the corner of Calle Ricardo and Calle Aspero shall comply with the provisions of 9-3.605, Visibility at intersections. Prior to issuance of the first occupancy permit for any dwelling unit, the project shall complete construction of the boundary privacy walls. 27. Prior to final map approval, the project will pay park in -lieu fees to the City in the amount of $38,720 pursuant to Section 9-4.305(b) of the Municipal Code. 28. Prior to final map submission, the project will submit preliminary design plans for all slope grading and retaining walls along the Del Obispo Street frontage to accommodate the ultimate widening of Del Obispo Street consistent with the "Master Plan of Streets and Highways (MPSH)" subject to the review and approval of the Planning Commission. Prior to final map approval, the project will submit final design plans for all slope grading and retaining walls along the Del Obispo Street frontage subject to review and approval by the City Engineer and the Planning Director. All retaining walls, along either Del Obispo Street or Calle Aspero, shall be located outside the public right-of-way. The project shall have sole responsibility for the cost of designing and constructing all retaining walls located along the Del Obispo and Calle Aspero street frontage. The City shall have responsibility for the cost of grading within the ultimate Del Obispo Street right-of-way. The project will prepare and submit construction cost estimates including the cost of grading within the ultimate Del Obispo Street right-of-way subject to review and approval by the City Engineer. The City and the project shall enter into a reimbursement agreement for such grading consistent with the provisions of the previously executed agreement between Romer and the City, and as part of the Seven (7) Year Capital Improvement Program (CIP) for year 2000-2008, the City will budget adequate capital funds to reimburse the project for the City's share of grading. Prior to issuance of any 0 069 building permits, the project will complete all grading and retaining wall construction consistent with the City -approved public improvement plans. Upon inspection and determination by the City Engineer that all grading has been completed per City - approved plans, the City will reimburse the project consistent with the executed reimbursement agreement. 29. Prior to final map approval, the project shall prepare and submit final plans for the Del Obispo Street frontage slope treatment (retaining wall and manufactured slope) consistent with Planning Commission -approved design guidelines including a combination of over-steepened,1'/2:1 geogrid-reinforced slope with maximum three (3) foot high retaining wall in the public right-of-way. Said right-of-way to include a seventeen (17) foot wide parkway as measured from the face of the ultimate curb (west side) along Del Obispo Street. The developer shall have approval to locate a maximum six (6) foot high retaining wall at the top of slope capped with a maximum four (4) foot high clear glass (plexiglass) fence. 30. Prior to final map approval, the project improvement plans shall include provisions for undergrounding the existing overhead utilities along the Del Obispo Street frontage consistent with the City's public facility design guidelines and subject to the satisfaction of the City Engineer or his designee. 31. Prior to issuance of any grading, building, and/or occupancy permits, the project shall submit payment for the outstanding overdrawn developer deposit account Engineering Conditions of Approval 32, 1.1, Compliance. The Tract/Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). 33. 1.2, Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post securities to insure satisfaction performance (Engr.). _ 34. 1.3, Storm Runoff, Hydraulic/hydrology Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). 35. 1. 17, Sewer Manholes to be Lined. The Sewer Plans shall indicate that all proposed sewer manholes shall be lined with poly -urethane, or equal approved material in accordance with Section 500 of the standard specifications for Public Works Construction, at the developer's cost (Eng.). -7- 070 36. 1.5, Soils/Geology. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). 37. 1.8, Grading. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility (Engr.). 38. 1.9, Drainage Barrier Between Slopes and Streets. All street sections located within 20 feet or less, from the toe of a slope of 10' in height or more, shall be protected from underground water seepage by cut-off drainage barriers, in accordance with City Standard Plan No. 350. Any exception shall be subject to review and approval by the City Engineer (Engr.). 39. 1. 11, Erosion. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil Engineer. These plans shall show all temporary and/or permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition (Engr.). 40. 1.12, Drainage. The applicant shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities (Engr.). 41. 1. 16, Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and codes and the Capistrano Valley Water District's standards. In order to provide adequate fireflow, the proposed water system must be "looped" by extending the proposed water line from the proposed cul-de-sac northerly to connect with the existing water main in Calle Aspero. The project shall be financially responsible for a portion of the cost to upgrade the existing six (6) inch water main in Calle Aspero along the project frontage to the Water Master Plan -proposed twelve (12) inch water main. The project's portion of the capital cost shall be equivalent to the cost of upgrading the existing six (6) water in Calle Ricardo and Calle Aspero to an eight (8) water line. Prior to approval of the water improvement plans or the final map, the project must demonstrate to the satisfaction of the City Engineer that adequate fire flow exists to serve the project consistent with Orange County Fire Authority (OCFA) standards (Eng..). SE on 42. 1.18, Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). 43. 1.28, Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title Search Report (Engr.). 44. 1.29, HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall be maintained by the Homeowners Association(s) or other provisions for maintenance which may be subsequently approved by the City (Engr.). 45. 1.32, Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Del Obispo Street, Calle Aspero, and Calle Ricardo except at street intersections and City approved driveway locations." (Engr.) 46. 1.33, CC&R's. The applicant shall submit for review to the City's Engineering and — Building and Planning Departments, and shall obtain the approval of the City Attorney for Covenants, Conditions and Restrictions (CC&R s) and/or Homeowner's Agreements which shall indicate all areas and facilities to be owned and maintained by the Master Association and/or Sub -Association (Engr.). 47. 1.34, Construction Cost Estimate. The applicant shall submit to the City Engineer for review and obtain approval for an estimate of quantity and construction cost prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all street improvements, signing and striping, street lights, storm drains, sewers, landscape, irrigation systems, installation of survey monuments and centerline ties and, all utilities relocation (Engr.). 48. 1.35, Post Bond/Provide Securities. The applicant shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each, but not limited to, street improvements, signing and striping; street lights; storm drains, sewer, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer (Engr.). 49. 1.39, Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all costs of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .DXF format. In 072 50. 2.4, Submit Mylar of Final Map. The applicant shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map (Engr.). 51. 2.5, Recycling/Reduce Debris Act of 1989 (CIWMA). The applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling (Engr.). 52. 2.6, NPDES and Clean Water Act of 1990 Compliance. The applicant shall submit to the City Engineer for review and obtain approval for a Water Quality management Plan (WQMP) specifically identifying structural and non-structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff (Engr.). 53. 2.10, Obtain Haul Route Permit. The applicant shall submit a permit application, provide security deposit and obtain a Haul Route Permit from the Engineering Division which will specify the dates and times and head ways for hauling activities (Engr.). 54. 3.1 Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). 55. 3.2, Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). 56. 4.2, Provide As -Built Mylars. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer (Eng.). PASSED, APPROVED, AND ADOPTED this 4th day of January , 2000. ATTEST: CITY CLERK) LEN AMP LL, MAYOR still 073 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-01-04-2 adopted by the City Council of the City of San Juan Capistrano, California, ata regularmeeting thereof held on the 4th day of January 2000, by the following vote: AYES: Council Members Greiner, Swerdlin and Mayor Campbell NOES: None ABSTAIN: Council Member Jones ABSENT: Council Member Hart (SEAL) CHERYL JOH ON, ITY CLERK -11-