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Covenant Regarding Real Property 2000-0246385DOC 2000-0248385 CITY OF POWAY TO: CITY OF POWAY No Transfer Tax Due MAY 12, 2000 8:O6 AM 2442 J. ~IIH, ill fly Eli]El)IR E'iS: ' .il) (This space fc ..... 000-0246385 COVENANT REGARDING REAL PROPERTY Retirement E Inc. and Poway RHF Housing, Inc., PROPERTY OWNERS ("OWNERS" hereinafter) are th = real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Numbers 275-780-04 and 07 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00-02, = 84 affordabl ~)artments, by the City of Poway ("CITY" hereinafter), OWNERS hereby agree to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, heirs, personal representatives, :1 assigns of the respective parties. In the event that Conditional Use Permit 00-02 expires or is rescinded by City Council at the request of the OWNERS', CITY Shall expunge this Covenant from the record title of the PROPERTY. in the event of litigation to enforce the p ' ' i this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: RETIREME~' ENTERPRISES, INC. (OWNER) BY' ~' ~"~, ~ {~ (Notarize) ..POV~¥ RHF HOUSING, INC. (OWNER) B~/~CiTY ~' OF~ ~' .. (Notarize) Niall Fntz, ~)i~'ector of D~pment Services CALIFORNIA, ALL-PURPOSE ACKNOWLEDGMENT~,.._.~ On //~/ ~'- .,~/~/~('~ before me personally appeared h i s/l:~ r/t,bei~sig n at u r e~.~ OPTIONAL :,..~acted, Description of Attached Document // Title or [~/~ ~ / Signer(s) Other Capacity(les) Claimed by Signer(s) [] Individual [] Title(s): [] Partner -- [] Limited [] General [] [] Trustee [] Other: [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: Prod No. 5907 EXHIBIT A Legal Description 2444 THAT PORTION OF LOTS 4 AND 5 OF THE CITY OF POWAY TRACT 84-03, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11187 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 3, 1985. APN: 275-780-04 & 07 EXHIBIT B RESOLUTION NO.P- 00-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-02 AND DEVELOPMENT REVIEW 00-02 ASSESSOR'S PARCEL NUMBERS 275-780-04, -07 2445 WHEREAS, Conditional Use Permit 00-02 and Development Review 00-02 were submitted by the Retirement Housing Foundation for the purpose of ~ 84 affordable senior apartments on a 3.36-acre site located near the eastern terminus of Gateway Park Drive in the C Office zone; and WHEREAS, on Apd125, 2000, the City Council held a duly advertised public headng to solicit from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Section 1: Conditional Use Permit 00-02 and Development Review Permit 00-02 will not result in a significant adverse impact on the l and the Negative Declaration prepared for this and its companion applications adequately addressed the potential imp :ed with the project. Section 2: The findings, in accordance with the Section 17.48.070 of the Poway Municipal Code for CUP 00-02, approving the establishment of an 84-unit affordable senior housing facility, are made as fn~!¢ws: Ao The project' : with the General Plan and the Affordable Housing Oveday which designate certain sites for th :affordable multi-family housing. Th' designated for affordabl partments. That the location, size, design, and operating ch of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or natural in that the project meets all of the location criteria for affordable housing and is located on a property adjacent to existing retirement and medical facilities. Co That the harmony in scale, bulk, coverage, and density' i with adjacent uses because the site will be developed with facilities and buildings which have been designed to be compatible with surrounding That th ale public facilities, services, and utilities because the use will be located in a development where all necessary f :ly in place. Resolution No. - 00- 31 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the facility has been designed with input from the neighbors and is designated f partments only. That the ~ ~traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use will operate in an area where existing street imp :1 adequate off-street parking has b :1 into the project. That the site is suitable for the type and intensity of the use, in that it is an area designated 1' , public, and semi-publ :1 ' size and intensity with adjoining land uses. That there will not be significant harmful effects upon Iai quality and natural in that the site had been previously graded and only limited vegetation had regrown. Th bodies or endangered species located on the site. That th :h be mitigated. negative impacts of the development that cannot The impacts, as described in subsections (A) through (I) of Section 17.48.070, and the l design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted general plan. The proposed conditional use will comply with each of the applicable Section 17.48.070 of the Poway Zoning Code. The findings, in accordance with Section 17.52.010 of the Poway Municipal Code for DR 00-02, for a two-story 51,576 square foot affordable senior housing facility, are made as follows: The development will not have an adverse aesthetic, health, safety, or amhitecturally related impact upon adjoining properties because the buildings have been designed to be architecturally compatible with st th :1 the facilities have been modified in accordance with the input provided through neighborhood meetings. The development encourages the orderly and h and property within the City through it', development standards. ' 3p i structure with the City of Poway 2447 Resolution No. P- 00- 31 Page 3 Section 4: The findin~ Jance with G improvements are made as follows: Code Section 66020 for the public The design and imp "the proposed development I with all elements of the Poway General Plan as well as City ordinances because all necessary :1 f I be available to serve the project. The provision of public imp :1 payment of development f Jed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Drainage imp ~all be provided for th surface water runoff; and 2. Water and sewer fees shall be paid and onsite imf :1 to provid -I to the development; and Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: Conditional Use Permit 00-02 and Development Review 00-02 consisting of the development of a 51,576 square foot affordable senior housing facility as shown on the plans dated March 27, 2000, is hereby approved subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in wdting that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. B. Approval of this request shall not 31lance with the Zoning Ord :1 all other applicable City ord' ~:ect at the time of building permit' The use conditionally granted by this permit shall not be conducted in such a to interfere with the reasonable use and enjoyment of th ding residential and uses. This conditional use permit may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h :1 during the past year. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. The applicant shall comply with the Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Resolution No. P- 00-31 Page 4 National Electric Code, Uniform FireCode, and all other applicable codes and ordinances. Th :1 operators of the proposed assisted living facility, and subsequent shall abide by all required state and local permits and ag obtained for th :1 operation of this facility including Specific Plan 00- 01. Any changes in operation, level of service, or fiscal responsibilities beyond what was originally approved shall be considered revision to the conditional use permit and shall require City Council to approve requested changes and may also req ' :lment of Specific Plan 00-01. The design, oF J shallbe : lwiththeguid 00-01. :th Jable housing complex · 31ished for this project in Specific Plan CUP 00-02 and DR 00-02 are integrally linked with the approval of CUP 00-03, DR 00-03, MCUP 00-001, VAR 00-01, and SP 00-01 in that, if any one of these applications are not approved, the entire series of applications become null and void. Within 30 days afl ' ' .,1 City Council approval of the project, the applicant shall apply for a Letter of Availability (LOA) 1 .~e availability for 150 Equivalent Dwelling Units (EDU's) and post with the City, a nonrefundable reservation fee equal to 20% of the sewerag fee in effect at the time the LOA is issued. The 20% reservation fee is $100,680, based on the City's current fee schedule. It is subject to change without further notice. Prior to th = any construction permits, the applicant shall reconflgure the present parcel boundaries I to the subject project design with the subject parcel remaining 3.36 The design of the development, as submitted for approval, indicates the necessity of a boundary adjustment between Lots 4 and 5 of Map No. 11187, merger of portions of Lots 4 and 5, and Lot "B" of same Map No. 11187, and :a portion of Gateway Park Road (formerly known as Stonegarden Road). The boundary adjustment, merger and vacation can be accomplished, altogether, by the filing of a pamel map pursuant to Section 66499.20¼ of the Subdivision Map Act and Section 16.12.080c of the Poway Municipal Code. The City reserves the right t y existing or rights-of-way or new to be dedicated within the subdivided area. Further, public utility companies, with their franchise rights to Gateway Park Road, may reserve an easement or for their respective utility lines. Mo Resolution No. P- Page 5 2449 00-31 An emergency publ : and a general utility easement shall be dedicated to the City over that portion of Gateway Park Road to be vacated. A ., ' ' : 20.00 feet wide and for the benefit of the eastedy parcel, shall be reserved on the pamel map. Th ', shall be from th i of Gateway Park Road to said easterly parcel. Grading ~all be released only upon completion of the project and upon City approval of the record drawings of the grading plans. A warranty bond shall be posted after completion of all public imp required to I: i with this project. Prior to the ' = a building permit, the applicant shall obtain approval of a grading permit. Compliance with the following conditions is required prior to ; the grading permit: The applicant/developer shall submit precise grading plans, permit applications, plan checking/inspection fees, geotechnical reports and geotechnical review fees to the Development Services Department. Grading of the project shall be in substantial :h the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. Erosion control, including but not limited to desiltation basins, shall be installed and i from October 15 to April 15. A plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure prop i all erosion control devices. 4. Payment of permit(s), plan checking, inspection, and geotechnical fees. 5. Submittal f approval of grading plans. 6. Submittal f approval of soils report. Submittal and/or payment of grading by the City Attorney. Securities must be approved 8. Submittal of ier pollution prevention plan. 10. 11. 12. 13. 14. 15. 16. 17. 2 I$0 Resolution No. P-00-3~ Page 6 Submittal of a copy or a proof of filing of a Notice of Intent (NOI) application for coverage of the National Pollutant Discharge Elimination System (NPDES) permit. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. All driveway approaches to be developed shall be with alley-type curb returns. Every building hereafl :1 shall be accessible to Fire Department apparatus by way of :lways with all-weather ddving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. Grading of the project shall be in substantial :h the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. The applicantJdeveloper shall submit plans for imf ; public water system for new fire hydrant installation, if required by the City Fire Marshal, to the Development Services Department for approval. The applicantJdeveioper shall provide for a drainage system capable of handling and disposing of all surr ' ;]inating within the project site and all sud' that may flow onto the project site from adjacent lands. Said drainage system shall include any :1 structures required by the Director of Development $ City Engineer to propedy handle the drainage and shall be designed so as to prevent ponding of surface water that would create a public hazard l measuring ' ' f 20.00 feet wide for each new public water line and/or sewer line, shall be dedicated to the City. The following public improvements shall be designed and constructed, ' J otherwise: Onsite potable waterlines for fire hydrant installation. Onsite potable water lines shall be constructed for new fire hydrant installation as required by the City Fire Marshal. The size .and location of the water Resolution No. P- 00 - 31 2'~ 5 ~. Page 7 lines shall be established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicantJdeveloper shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. b. Onsite publ' 18. All new and existing electrical/ lion/CATV utilities within the boundaries of the project shall be installed underground. The applicant/developer is responsible for complying with the req :this condition and shall make the necessary arrangements with each of the serving utilities. 19. The locations and sizes of all utility boxes and vaults within public street rights-of-way and the City, ls shall be shown on the improvement plans. 20. The applicant/developer shall ~ment removal agreement (also referred to as encroachment permit) with the City for any private imp ~ placed within public street rights-of-way or City Prior to the ~ site improvements, the applicant shall comply with the following to the satisfaction of the Engineering Division of the Development Services Department: 1. Preparation of a Water system analysis for sizing of public water lines. 2. Submittal f approval of public improvement plans. Execution of a Standard Agreement for C : Public imp (Agreement) and posting of p and payment securities. The Agreement and securities may be waived by the City Engineer if a substantial amount of grading is completed prior to installation of public imp ~ th ~cient grading securities held by the City to secure the imp r :1 the remainder of grading work. Payment of improvement plan checking, inspection, and improvement plan administrative fees. Acquisition of a right-of-way permit. The permit is required before any work is to be done in public street rights-of-way or City-held easements. Execution of an encroachment removal agreement. The agreement is needed if any private imp ~ are to be placed within public street rights-of-way or City-held 2452 Resolution No. P- 00- 31 Page 8 During the construction of site improvements, the applicant shall comply with the following: 1. Installation and ~ and April 15. devices between October 15 2. Implementation of th :er pollution prevention plan. 3. Processing of easement dedications to the City. Prior :a building permit, the applicant shall comply with the following: Revised site plans and building incorporating all conditions of approval shall be submitted to the Development Services Department pdor ~ building permits. The building elevation shall show all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets to the of the Director of Development Services. Trash receptacles shall I: .1 within a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be away from the reside.rial neighborhood, if possible, and subject to approval by the Director of Development Services. A reciprocal access, parking and ;~reement shall be proposed between Lots 4 and 5 of Map No. 11187, The agreement, which shall be subject to tl~ :the City Attorney, shall be recorded against the properties to insure thatto the properties are aware and obligated to this requirement. A revised site plan shall be submitted 1' ~ approval by the Director of Development Services. The plan shall show the following: All parking lot landscaping shall include a ' ' :one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide Portland : curb. bo New parking lot lights shall be Iow pressure sodium and have a height of 18 feet from the finished grade of the parking 2453 Resolution No. P- 00-31 Page 9 surface and be directed away from all property lines, adjacent streets, and buildings on adjacent lots. Alternative designs shall be subject to the approval of the Director of Development Services. C= All parking spaces shall be double striped. The parking lot design shall comply with the ,A ~h Disabilities Act; i.e., 1:25 ratio f 31e spaces with at least 31e space. Carport, ' ;] of approximately 16 spaces shall I: ~ J on the west parking lot of th h~ordable housing complex, and shall be of a design subject to the satisfaction of the Director of Development Services. A detailed landscape and irrigation plan shall be submitted for review and approval by the Director of Development Services. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Requirements (latest edition) and shall show the following: ao Street I ' ' ~ 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Req :1 shall be planted at an average of 30 feet on center spacing along Gateway Park Drive. The applicant shall make every effort to retain the existing street trees. Additional trees may be required to m,~et City standards. Permit and plan check fees shall be paid upon submittal of map, improvement plans and/or grading plans, as applicable. Development fees, including but not limited to, domestic and irrigation water service fees, remaining ~ionl I fees, and sewer inspection fees shall be paid prior to building permit issuance. The following req the Safety Services Department shall be met: The buildings shall have installed an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to I: ~ by a central monitoring company. System post ind ~h tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of construction and :1 at all times until construction is completed. Resolution No. P- 00- 31 Page 10 do e= f° Prior to delivery of combustible building material on site, water and sewer systems shall y pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to th ~ the City. If ' led, at least one shall be sized 1 :late a normal hospital gumey. Minimum d' of the inside car platform shall be 6'8" wide by 4'3" deep. If medical gases are planned to be used in this building, they shall be installed to meet requirements of the Uniform Fire Code, Article 74- Compressed Gases. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior man door or shall be located inside an enclosed closet with an ext door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional ' 31e by .~ 3-foot, O-inch man door. If the existing cul-d :lesigned or reconfigured, it shall have a 38-foot radius (76-foot diameter) The applicant/developer shall comply with the following to the satisfaction of the Engineering Division of the City's Development Services Department: a. Submittal and approval of 3action report. Submittal and approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer. c. Payment of development fees. The fees and the corresponding :imated as follows: Resolution No. P- 00-31 Page 11 FEES City Water Base Capacity - Potable water (1" meter) SDCWA Base Capacity - Potable water (1" meter) W. fee - Potable water (1" meter) Sewer C Sewer Cleanout Sewer Cleanout Inspection Drainage Park Traffic Mitigation AMOUNT See note below* See note below** See note below** $503,400**** $50 each $25/cleanout $142,550***** $315000, $44,550,- City water base capacity cost (su' ect to change): 1" meter = 6,678.00 1¼" meter = 10,388.00 2" meter = 16,694.00 Other sizes = Contact City Engineering Division SDCWA base capacity fee (subject to change): 1" meter = $ 2,994.00 1¼" meter = $ 5,613.00 2" meter = $ 9,729.00 Other sizes = Contact City Engineering Division W fee (subject to change): 1" meter = $270.00 1¼" meter = $600.00 2" meter = $800.00 Other sizes = Contact City Engineering Division 150 units X $3,356.00/unit = $503,400.00 - This amount represents 100% of ;tion fee. If a reservation fee of $100,680.00 is paid with the application for sewer availability (see item 1 under "Other Engineering Requirements"), the amount due prior to building permit' 3all be adjusted accordingly. 2456 Resolution No. P- 00-31 Page 12 150 units X $950.O0/unit = $142,550.00 150 units X $2,100.00/unit = $315,000.00 (based on 1999 rate per Resolution No. 98-108). The amount is subject to change, to be calculated, using the rate in effect at time of payment. 150 units X 4.5 trips/unit X $66.00/tfip = $44,550.00 Prior to occupancy, the applicant shall comply with the following: Prior to any use of the project site or business activity being J thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. The existing parking lot and street located within both projects shall be rehabilitated. This will include, fy, removal and repair of deeply cracked areas, crack sealing, seal coating and striping, and shall be subject to the ' ' of the Directors of Public Services and Development Services. The building shall have its Jdress displayed in a 31e from the .. M' ' :the building numbers shall be 18 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department's ASTREA criteria. Permanent :lways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square feet and 75' of travel distance. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. Roof covering shall be fire retardant as per U.F.C., Section 3203(e) and City of Poway Ordinance No. 64. An automatic f' ystem shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central star 3any or proprietary ~. iion. 2457 10. 11. 12. 13. 14. 15. Resolution No. P- 00- 31 Page 13 A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area of the recreation building. Plans to be submitted and approved, prior to installation. A Knox Security Key box shall be required for the building at a location determined by the City Fire Marshal. A Knox padlock shall be required for the fire sprinkler system Post Indicator Valve. Matedal Safety Data Sheets shall be required for all hazardous and/or toxic sub ~ in each building. An Emergency Contingency Plan and Hazardous Materials D' 3all be filed with the County of San Diego Department of Health and copies provided to the Poway Fire Department. Provide a site directory map (lighted) at the project entrance. Imp shall be ' :1 in accordance with City adopted standards and specifications, the latest adopted edition of the Standard for Public Works C and its corresponding San Diego supplements, the current San Diego Regional Standard Drawings and the South Poway Specific Plan. The applir'~nt/developer shall comply with the following to the satisfaction of the Engineering Division of the Development Services Department. a. Completion of public improvements. b. Approval of record drawings of the gradingand improvement plans. Approval of parcel map (to boundary adjust Lots 4 and 5; merging Lot "B" with a portion of Lot 4 of Map No. 11187; and ! a portion of Gateway Park Road). Dedication of to the City, to include but not limited to or new public water lines, sewer lines, drainage lines, emergency publ' l, and general utility easement as required of the project. Dedication shall be done preferably with the parcel map; otherwise it could be done by separat I. 2458 Resolution No.P- 00-31 Page 14 R. Upon occupancy, the following conditions shall apply: Th ~ paved roadways, parking I kways, buffer walls and landscaped areas that were previously a part of, and maintained and/or irrigated by, the Gateway retirement facility but now are located within the parcel boundaries of the affordable senior housing parcel, shall remain the responsibility of th "the Gateway retirement facility, presently the Retirement Housing Foundation. Responsibility shall mean providing both proper levels of and funding to support the care and f the landscaping, walls, and hard surr o The removal of trash from the Gateway assisted living facility and affordable senior housing complex shall be limited to the hours of 7:00 a.m. to 6:00 p.m. with no collection on Saturday or Sunday. If, for any reason, compliance with these hours cannot be achieved, modifications may be considered subject to the sat' ' ~ the Director of Redevelopment Services. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. All landscaped areas shall b free from weeds, trash and debris. J in a healthy and thdving condition, Any signs proposed for this development shall be designed and approved in ~h the Sign Ordinance. Se, The terms and conditions of Conditional Use Permit 00-02 and Development Review 00-02 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, ad :f assigns of each of them, including municipal corporations, public ag :1 districts. ~ 7: This approval shall b II and void if building this project by April 25, 2002 at 5:00 p.m. not issued for Pursuant to G : Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on April 25, 2000. 2459 Resolution No. P- 00-31 Page 15 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 25th day of April, 2000. ATTEST: nne Peoples, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P- 00- 31, was duly adopted by the City Council at a meeting of said City Council held on the 25th day of April, 2000, and that it was so adopted by the following vote: AYES: EMERY, HTGCINSON, GOLDBY, CAFAGNA NOES: NONE ABSTAIN: NON E ABSENT: REXFORD nne Peoples, City Cl~rk City of Poway