Covenant Regarding Real Property 2017-0302987N
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 314-212.07
CUP 16.012
DOC# 2017-0302987
IDI VIII I III I VIII II II III III I III I
111111111111111111111011111111
Jul 05, 2017 03:32 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $51.00
PAGES: 13
(This space for Recorders Use)
COVENANT REGARDING REAL PROPERTY
CoxCom, Inc., ("OWNER" hereinafter) is the owner of real property commonly known as 14016
Midland Road ('PROPERTY hereinafter) and more fully described as:
Lot 24 in Block 16 of Piermont, in the City of Poway, County of San Diego, State of
California, according to Map thereof No. 331, filed in the Office of the County Recorder of
San Diego County, May 27, 1887.
In consideration of the approval of Conditional Use Permit (CUP) 16-012 by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Attachment A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that CUP 16-012 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by CUP 16-012, upon the request of the OWNER the CITY shall expunge this Covenant
from the record title of the PROPERTY and CUP 16-012 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant,
the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
OWNER OR AUTHORIZED AGENT:
�/
Dated: Lc z ( ZO7 7 " A
oxCom, Inc. (Notarize)
CITY OF OWAY:
Dated: 647By:
o ert J. Manis, irec orvelop ent Services
11-b5o
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document.
State of California '7�.� )
County of !7 .1.� V1 5::A Z) p) J, r p 1_
On 52 1 G oZ % 1a O t i before me, IL°�r ^^�— C k�ct 5 N o,"^`� YV lv � I G
Date Here Insert Name and Title of the Officer
personally appeared
Names) of
who proved to me on the basis of satisfactory evidence to be th rsonW whose name(S) Iaryr
(bscr'bed to the within instrument and acknowledged to me that WsWt" executed the same in
h'rh�rAhCr authorized capacity(let), and that by4ii V/ ar/t*r signaturewon the instrument the person(sj
or the entity upon behalf of which the persona acted, executed the instrument.
RAHIMA CLEVERS`
Commbsliin 4 209J880"
Z -: Notuy Publlc . California .
Z San Di go County
Comm. Ex fres Jan 13, 2019+
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — O Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
O Partner — O Limited O General
❑ Individual ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Attachment A
RESOLUTION NO. P-17-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 16-012, VARIANCE (VAR) 16-007, AND
DEVELOPMENT REVIEW (DR) 16-019
ASSESSOR'S PARCEL NUMBER 314-212-07
WHEREAS, Conditional Use Permit (CUP) 16-012, Variance (VAR) 16-007, and
Development Review (DR) .16-019 were submitted by Michael Baker International,
ApplicanUCoxCom, Inc., Owner, to expand the existing Cox Communications facility
located at 14016 Midland Road within the Commercial General (CG) zone and Old Poway
Specific Plan (SP 88-01) area. The proposed expansion includes the demolition of
existing structures on the site, the construction of two new two-story buildings totaling
approximately 5,120 square feet, replacement of emergency generators, deletion of on-
site parking spaces, and a request for a Variance to allow a 42 percent lot coverage when
the maximum allowed for the CG zone is 30 percent; and
WHEREAS, on June 6, 2017, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to
Section 15332, in that the project is an in -fill development within an urbanized area, is
consistent with the General Plan and Zoning regulations except for exceeding the
allowable lot coverage for which a Variance can be granted, and does not cause any
significant effects related to traffic, noise, air quality or water quality. The requested
Variance is Categorically Exempt from CEQA as a Class 5 Categorical Exemption,
pursuant to Section 15305 in that it involves a minor exception to the lot coverage
limitations on a level piece of property and does not change the existing use of the
property.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 16-012 to expand the existing Cox Communications
facility located at 14016 Midland Road within the Commercial General (CG) zone and Old
Poway Specific Plan area, are made as follows:
A. The location, size, design, and operating characteristics of the proposed expanded
use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional
Use Permits Regulations), the General Plan, and the development policies and
standards of the City in that a telecommunication facility is allowed in the CG zone
with a CUP and the project has been designed consistent with design standards
and guidelines of the Old Poway Specific Plan.
Resolution No. P-17-08
Page 2
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the project
consists of an expansion an existing telecommunications facility that will be in an
architectural style consistent with the Old Poway area, will be operated similar to
the existing facility, except that alley access will be used less often, parking for the
facility will occur primarily along the street, and the testing of emergency
generators will be limited to late afternoon hours.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the project consists of
an expansion to an existing telecommunications facility which will have a smaller
footprint, bulk and mass compared to the adjacent AT&T building and the facility
has been designed to comply with all of the development standards of the zone,
except as provided for by the proposed Variance as discussed below.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the design of the facility would be consistent with the architectural style called
for in the Old Poway Specific Plan area and the operation of the existing and
proposed expanded facility will be similar manner except that alley access will be
used less often, parking for the facility will occur primarily along the street, and the
testing of emergency generators will be limited to late afternoon hours.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that this is an unmanned facility requiring only periodic maintenance which
generally can be accommodated using adjacent on -street parking spaces during
times when those spaces are typically not in use.
G. The site is suitable for the type and intensity of use and development in that the
project site is already developed with a telecommunications facility and the
expansion will not generate additional traffic and will decrease the use of the
adjacent alley for access.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural
habitat. Existing trees will be preserved. The proposed project will comply with
City noise standards in that the proposed emergency generators will be tested
during late daytime hours only and will be located within custom sound enclosures
designed to attenuate the generator noise levels.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
Resolution No. P-17-08
Page 3
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, 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.
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for an approved variance.
Section 3: The findings, in accordance with Section 17.50.050 of the PMC, to
approve VAR 16-007 to allow an approximate 42 percent lot coverage when 30 percent
is the maximum allowable lot coverage for properties in the CG zone, are made as follows:
A. That there are special circumstances applicable to the property and because of
this, the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The site is small relative to the facility's needs to provide service
and the project site is located adjacent to another utility switching station with a
larger building footprint and lot coverage greater than 30 percent.
B. That granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in that the neighboring
AT&T building also underwent a large expansion and its lot coverage also exceeds
30 percent.
C. That granting the Variance would not be materially detrimental to the public health,
safety, or welfare in that the building footprint and mass of the proposed two-story
buildings will visually blend in with the backdrop provided by the existing two-story
AT&T building, the existing facility is screened by a 12 -foot high fence and
therefore already gives the appearance of a greater than 30 percent lot coverage,
and the architectural style fits in with the surrounding development.
D. That granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
the neighboring AT&T building underwent an expansion and has a similar lot
coverage.
E. That granting the Variance would not allow a use or activity not otherwise expressly
authorized by the CG zone because a telecommunications facility is permitted with
approval of a CUP.
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted with a CUP and does not result in a density increase.
Section 4: The findings for DR 16-019, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
Resolution No. P-17-08
Page 4
A. The project respects and recognizes the interdependence of land values and
aesthetics to the benefit of the City in that it has been designed to be architecturally
compatible and in scale with the neighboring commercial development to the south
and to the west.
B. The project has been designed to minimize impacts on surrounding development
in that the design, and exterior finishes and colors are consistent with the Old
Poway Specific Plan standards, and are compatible with the surrounding
commercial buildings. Therefore, the proposed development respects the public
concerns for the aesthetics of development, and encourages the orderly and
harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health,
safety, or welfare within the community since the proposed project involves the
expansion of an existing telecommunications facility whose operations will be
similar to the existing facility except that alley access will be used less often,
parking for the facility will occur primarily along the street, and the testing of
emergency generators will be limited to late afternoon hours.
D. The proposed development respects the public concerns for the aesthetics of
development in that it will incorporate architectural standards of the Old Poway
Specific Plan that tie well into the architecture of nearby Old Poway Village Center
and the proposed building mass is consistent with that of the neighboring two-story
AT&T building.
E. The project will not have an adverse effect on the aesthetics, health, and safety,
or an architecturally -related impact upon adjoining properties, in that the proposed
development contributes to the aesthetic of the Old Poway area and ties well into
the architecture of nearby Old Poway Village Center and the mass of the
neighboring two-story AT&T building.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as conforming with the applicable provisions of the
Zoning Code and Old Poway Specific Plan. The portions of the building which are
over 35 feet high will have architectural authenticity and a historical profile
characteristic of Old Poway.
Section 5: The findings, pursuant to Government Code Section 66020 for the
public improvements, are needed as a result of the proposed development to protect the
public health, safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
Resolution No. P-17-08
Page 5
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for
the residents of the City.
In accordance with the Poway General Plan, the project requires the payment of
fire, sewer, and traffic fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy environment
for the residents of the City.
Section 6: The City Council hereby approves CUP 16-012, VAR 16-007, and
DR 16-019 to expand the existing Cox Communications facility located at 14016 Midland
Road within the Commercial General (CG) zone and Old Poway Specific Plan area. The
proposed expansion includes the demolition of existing structures on the site, the
construction of two new two-story buildings totaling approximately 5,120 square feet,
replacement of existing emergency generators, removal of on-site parking spaces, and a
request for a Variance to allow a 42 percent lot coverage when the maximum allowed for
the CG zone is 30 percent as shown on the approved plans on file with the City, subject
to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conductits own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of this CUP, VAR, and DR request shall apply only to the subject project
and shall not waive compliance with all sections of the Zoning Ordinance and all
other applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit:
(1) the applicant shall submit in writing that all conditions of approval have been
read and understood; and (2) the property owner shall execute a Covenant
Regarding Real Property. In order for the City to prepare the Covenant the
applicant must first submit a legal description of the subject site.
Resolution No. P-17-08
Page 6
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 16-012, VAR 16-007, and DR 16-019 shall remain in effect
for the life of the subject use and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
F. CUP 16-012 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. The applicant shall obtain a Building Permit prior to expanding the facility. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The applicant shall contact the Poway Unified School District (858)
679-2570) to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at Building Permit issuance.
3. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
4. The applicant and/or their contractor shall obtain a Right -of -Way permit from
the Engineering Division for any work to be done in the public street right-
of-way, City held easements or City owned property. All applicable permit
fees shall be paid prior to permit issuance. The plan submitted to the
Engineering Division shall be submitted to and stamped approved by the
Planning Division prior to submittal.
5. A minimum cash security for erosion control for $2,000 is required.
6. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
The applicant's action plan that identifies measures to be implemented
during construction to address erosion, dust control, sediment and pollution
control will be discussed. Compliance for sediment control shall be provided
as directed by the project inspector.
Resolution No. P-17-08
Page 7
7. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
8. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
9. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Listed below are estimates of the current
applicable fees and amounts:
a. Traffic
$17,300.40
b. Sewer
$1,459.00
c. Fire
$403.83
10. The planter landscaped and maintained by City located along Midland Road
in front of the project site shall be protected during construction. Notes to
that effect shall be shown on the building plans.
11. Landscape and irrigation plans shall be submitted and approved for
proposed new and refurbished landscape areas. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 of the
PMC, and all other applicable standards in effect at the time of landscape
.and irrigation plan check submittal. This includes but is not limited to the
submittal of an irrigation audit report, pursuant to Section 17.41.110 of the
PMC, prior to final inspections/issuance of a Certificate of Occupancy.
The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City
standards, the landscape and irrigation plan submittal checklist and the plan
review fee worksheet. Landscape and irrigation plan review fees are
required and are the responsibility of the applicant. Any landscaped areas
within the adjacent public right-of-way shall be permanently and fully
maintained by the owner. Any existing irrigation and landscaping within any
designated Landscape Maintenance District (LIVID) and Land Development
Association areas shall be protected.
12. Submit a report from a certified arborist regarding necessary protective
measure to be installed and maintained on the site to protect nearby
sycamore trees whose canopies extend into the zone of the area of
proposed work. These measures shall be included on the building plans.
Resolution No. P-17-08
Page 8
13. The building plans shall show emergency generators, air conditioning units,
and enclosures consistent with the Cox Poway Expansion - Noise Technical
Memorandum dated April 20, 2017 and prepared by Michael Baker
International to the satisfaction of the Director of Development Services.
14. The building plans shall include elevations and cross sections that show all
roof appurtenances, including air conditioning, architecturally integrated,
screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
15. The exterior colors and materials shall be consistent with the Old Poway
Specific Plan and the color and material board submitted with the
application to the satisfaction of the Director of Development Services. Any
modifications to the color and materials sample board shall be submitted for
review and approval by the Planning Division.
H. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project. The applicant is
encouraged to contact the Division of Fire Prevention at (858) 668-4473 to
set up a meeting prior to submitting building plans in order to review project
requirements.
2. Roof covering shall be fire retardant as per Section 15.04.050 of the Poway
Municipal Code, and City of Poway Ordinance No. 64 and its amended
Ordinance No. 526.
3. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six 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 Sheriffs Dept. -ASTREA criteria.
4. Proposed elevator shall be constructed to accommodate a medical -sized
gurney as defined in the California Building Code. '
Rack storage in excess of eight -feet in height requires a building department
permit for installation.
6. Material safety data sheets shall be required for all hazardous and/or toxic
substances used in each building.
An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
Resolution No. P-17-08
Page 9
8. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building, when applicable.
9. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from appropriate City departments will be
required.
(Engineering)
2. All utility services shall be installed, and completed by the property owner,
and inspected and approved by the Engineering Inspector. All new utility
services shall be placed underground.
3. An adequate drainage system shall be provided around the building pad
capable of handling and disposing all surface water to the satisfaction of the
Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from this
project.
(Planning)
5. Landscaping shall be installed per the approved landscape plans. It
applicable, an irrigation audit report shall be submitted, pursuant to Section
17.41.110 of the PMC.
J. Upon establishment of the expanded telecommunications switching station,
pursuant to CUP 16-012, VAR 16-007, and DR 16-019, the following shall apply:
1. The use of the facility shall be limited to activities as described in the
application.
2. The activities of the facility shall not occur in such a manner as to create
adverse impacts on the circulation and parking on surrounding public
streets.
3. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with noise standards
contained in Chapter 8.08 of the PMC. At no time, shall noise from any
source exceed the noise standards defined in the PMC. Testing of the
emergency generators shall be limited to between 3 p.m. and 7 p.m. in
accordance with the Cox Poway Expansion - Noise Technical
Resolution No. P-17-08
Page 10
Memorandum dated April 20 ,2017 and prepared by Michael Baker
International on file with the City.
4. Use of the alley way as access to the facility shall be kept at a minimum and
shall be done in a manner that minimizes dust.
5. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
6. Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code and require the approval of
a separate Sign Permit.
7. All landscaping, including areas within the adjacent public right-of-way, shall
be adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. The trees shall be encouraged
and allowed to retain a natural form. Pruning should be restricted to
maintain the health of the trees and to protect the public safety. Trees
should be trimmed or pruned as needed to develop strong and healthy trunk
and branch systems. Tree maintenance and pruning shall be in accordance
with "American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove more
than 25 percent of the trees' leaf surface.
Section 7: The approval of CUP 16-012, VAR 16-007, and DR 16-019 shall
expire on June 6, 2019, at 5:00 p.m. unless, prior to that time, a Building Permit has been
issued and construction on the property in reliance on the CUP approval has commenced.
Section 8: Resolution No. P-09-035 approving CUP 09-03 approving the
establishment of the Cox telecommunication facility at 14016 Midland Road is hereby
rescinded, effective upon establishment of the use in reliance of the approval of CUP 16-
012, VAR 16-007, and DR 16-019.
Section 9: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Resolution No. P-17-08
Page 11
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 6th day of June 2017.
teve Vaus, Mayor
ATTEST:
a cy eu eld, C C, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-08 was duly adopted by
the City Council at a meeting of said City Council held on the 6th day of June 2017, and
that it was so adopted by the following vote:
AYES: GROSCH, MULLIN, LEONARD, VAUS
NOES: CUNNINGHAM
ABSENT: NONE
DISQUALIFIED: NONE
nA�
ncyM6q eld CM , City Clerk
City of Poway