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Covenant Regarding Real Property 2017-0399778RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 -191-27 DOC# 2017-0399778 I IIIIII VIII VIII VIII IIII IIIIII IIID VIII VIII VIII ILII VIII IIII IIII Aug 31, 2017 09:45 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $54.00 PAGES: 14 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Jill P. Fleming and J. Patrick Fleming, JR., ("OWNER" hereinafter) are the owners of real property commonly known as 14264 Tierra Bonita Road ("PROPERTY hereinafter) and more fully described in the attached legal description hereto as Exhibit A and made a part hereof. In consideration of the approval of Conditional Use Permit (CUP) 16-010 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 16-010 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 16-010, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 16-010 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. C ALTIN": Dated: CB& —10--9.01-1— II P. Fleming (Notarize) Dated: 0-1-117 9. J. Patrick Fleming, JR. (Notarize) CITY OF POWAY: Dated: d l By: Rbort J. Manis, Di ector ofevel p ent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 ) County of isp nN NF-GTo ) On �f .4USt 10, aul-7 before me, UN)N£ iiflNNln/J , f 011i'l zc.I RU);6( ate _ Here Insert Name and Title of the Officer personally appeared �iLL M NG— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persort(s) whose name(s)' is/ark subscribed to the within instrument and acknowledged to me that ber/she/thK executed the same in hWher/tWr authorized capacity(ies), and that by fais%her/tMf"r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - California San Diego County Y Commission x 2201766 My Comm. Expires Jun 18.2021 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 Place Notary Seal Above 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 C Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ./<'v4v.' J4'✓i'✓G'<i G'✓('�/ LS'V((v vS\✓('</('✓S "✓GVS'V ✓4L.5'd '✓4V4"✓ ✓4'<l 'd 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 Calif nia ) County of O ' 2S On /7 before me,,_3:5. / /,,q// Date ICA �e In ert Name and -n personally appeared IC L/ "/nil7T_ If the Officer who proved to me on the basis of satisfactory evidence to be the person* whose name is are bscr'bed to the within instrument and ackn e2ed to me that 1e shefthey executed the same in his herfthetrauthorized capacity(ies), and that b hi her/their signature*on the instrument the person(sJ, the entity upon behalf of which the person ed, executed the instrument. S. BRADLEY Notary Public • California Los Angeles County Z Commission N 2167483 M Comm. Expires Nov 8, 2020+ 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 Ibano�?id official seal. OPTIONAL Public 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 D c ant Title or Type of Document: vyenc Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Exhibit A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 5007, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2. 1976 AS FILE NO. 76-288883. OF OFFICIAL RECORDS. BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF PARCEL MAP 5067, RECORDED SEPTEMBER 2,1976 IN SAN DIEGO COUNTY AS DESCRIBED ABOVE; THENCE NORTH 880 17' 59" WEST 503.02 FEET BEING THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 506 BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 390 72'00" WEST410 FEET: THENCE NORTH 490 45'0911 WEST 408.00 FEET; THENCE NORTH 000 16'WEST 318.15 FEET TO THE NORTHERLY BOUNDARY OF SAID PARKER LAND. THENCE NORTH Sr 21'02" WEST 442.21 FEET OF THE NORTHWEST CORNER OF SAID PARKER LAND; THENCE SOUTH 0001510211 EAST 654.49 FEET TO THE SOUTHWEST CORNER OF SAID PARKER LAND; THENCE SOUTH 88017' 59" EAST 823.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 50 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2. 1976 AS FILE NO. 76-288883. OF OFFICIAL RECORDS, DELINEATED AND DESCRIBED AS "PROPOSED 30 FOOT PRIVATE ROAD EASEMENT." PARCEL C: A 5.00 FOOT WIDE STRIP EASEMENT FOR WATER LINE CONSTRUCTION AND MAINTENANCE AND RIGHT OF WAY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. THE NORTHERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENDING AT THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF NORTH 0015' 02" WEST 646.18 FEET TO THE NORTHERLY LINE OF PARCEL 3 OF PARCEL MAP NO. 5067 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 2.1976 AS FILE NO. 76-288883, OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING. Exhibit A (continued) THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF SOUTH 88° 17'59" EAST 1068.88 FEET TO THE WESTERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 10356, RECORDED AUGUST 21, 1980, AS INSTRUMENT NO. 80-268454.OFFICIAL RECORDS, THE SIDELINES OF SAID 5.00 FOOT STRIP ARE TO BE PROLONGED OR SHORTENED SO AS TO BEGIN IN THE WEST AT THE WESTERLY LINE OF SAID SECTION 7 AND TERMINATE IN THE EAST AT THE WESTERLY LINE OF SAID PARCEL 1 OF SAID PARCEL MAP NO. 10356. SAID LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTIFICATE OF COMPLIANCE RECORDED AUGUST 31.1978, AS INSTRUMENT NO. 78-374026 OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. APN: 321-191-24, 321-191-27 & 321-191-28 Exhibit B RESOLUTION NO. P-17-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 16-010 ASSESSOR'S PARCEL NUMBER 321-191-27 WHEREAS, Conditional Use Permit (CUP) 16-010 was submitted by Kyle Denardo, for Verizon Wireless, Applicant/Jill Fleming Ogilvie and J. Patrick Fleming, JR, Owner, to modify CUP 95-006 for Verizon Wireless in order to upgrade its existing telecommunications facility located at 14264 Tierra Bonita Road, within the Rural Residential -A (RR -A) zone. The proposed upgrade consists of replacing five existing antennas and microwave dish located on a building with a faux tree structure that will contain nine antennas and six Remote Radio Units (RRUs) and a microwave dish; and WHEREAS, on March 7, 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 3 Categorical Exemption, pursuant to Section 15303(d), in that the project involves the installation of a telecommunications facility which will provide a utility extension to serve the surrounding areas. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 16-010 to install a faux tree structure that will contain nine antennas and six Remote Radio Units (RRUs) and a microwave dish located at 14264 Tierra Bonita Road, within the Rural Residential -A (RR -A) zone are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed telecommunications facility are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City in that the facility has been designed, sited and screened such that it will not result in visual impacts to the surrounding community. B. The location, size, design, and operating characteristics of the proposed telecommunications facility will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources in that the facility has been designed and sited such that it will not result in visual impacts to the surrounding community. The use will comply with Federal Communications Commission (FCC) design and operational Resolution No. P-17-04 Page 2 standards. The facility is unmanned and will not create traffic impacts. C. The proposed telecommunications facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed facility will be located in a rural hillside area and consist of a "broadleaf' faux tree that will blend in with the surrounding vegetation. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed telecommunications facility. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed telecommunications facility has been designed, sited and screened such that it will not result in a visual impact to the surrounding community, and the facility will comply with FCC design and operational standards. 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 the proposed telecommunications facility is unmanned and will only require periodic maintenance, thereby generating minimal traffic. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility will enhance telecommunications coverage in the City and is compatible with the four other existing onsite telecommunication facilities. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed telecommunications facility is located on a developed property and does not involve the removal of natural habitat resources. There are no relevant negative impacts associated with the proposed telecommunications facility that cannot be mitigated in that the facility will comply with FCC design and operational standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the telecommunications facility will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan in that the facility has been designed and sited such that it will not result in visual impacts, and will comply with FCC design and operational standards. K. The proposed telecommunications facility will comply with all the applicable provisions of Chapter 17.48 PMC, in that the facility has been designed and sited such that it will not result in visual impacts, and will comply with FCC design and operational standards. Resolution No. P-17-04 Page 3 Section 3: 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. Section 4: The City Council hereby approves CUP 16-010 to replace five existing wireless telecommunications antennas and one microwave dish with a faux tree structure that will contain nine antennas and six Remote Radio Units (RRUs) and a microwave dish at 14264 Tierra Bonita Road 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 conduct its 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 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. 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 16-010 shall remain in effect for the life of the subject wireless telecommunications facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. Resolution No. P-17-04 Page 4 F. CUP 16-010 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the prior year. G. Conditions of approval included in Resolution No. P-95-48, approving CUP 95-06 are in full force and effect, except as amended herein. H. The applicant shall obtain a Building Permit prior to installation of 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 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 the appropriate City departments will be required. 3. Prior to start of any work within the public right-of-way or City easement, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 4. A $3,000 deposit shall be submitted to the Development Services Department to ensure completion and submittal of the required Confirming Radio Frequency (RF) Report, as specified in condition of approval K,1 below. The deposit shall also be used to cover the cost of an independent consultant to review the report, as determined by the Director of Development Services. 5. The antennas shall not be activated for use until the Building Division conducts a final inspection of the structure. 6. The Building Permit plans shall include a utility plan that shows the equipment layout. 7. A planting plan shall be submitted for review and approval to demonstrate compliance with the required 30 -feet of vegetative fuel management while maintaining adequate vegetation which provide screening of and otherwise allows existing antenna facilities to blend in with the natural setting. Resolution No. P-17-04 Page 5 If the modified landscape area is equal to or greater than 2500 square feet, a landscape and irrigation plan shall be submitted and approved in accordance with Poway Municipal Code Chapter 17.41 PMC. 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 Poway Municipal Code (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. The leaves of the faux tree and the antennas shall be a color and texture that blends with the surrounding vegetation. A color sample shall be provided to the Planning Division for review and approval. The approved color shall be depicted on the building plans. 9. The antennas no longer in use shall be removed from the site and shall be shown on the site plan. 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. 2. The project is located within the very high fire hazard area of the City and is new construction; therefore, California Building Code Chapter 7A and 2012 International Wildland-Urban Interface Code with local amendments shall apply. 3. This project shall include 30 -feet of vegetative fuel management measured in all directions from the proposed structure. This area shall include the removal of flammable vegetation, dead vegetation and dying trees and plantings. Prior to issuance of the Certificate of Occupancy: The site shall be developed in accordance with the approved plans on file Resolution No. P-17-04 Page 6 in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 3. The applicant shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. K. Upon establishment of the wireless telecommunications facility, pursuant to CUP 16-010, the following shall apply: 1. Within 30 days of the commencement of operation of the antennas, the operator shall submit a report, prepared by a qualified professional, which specifies the actual RF levels within 500 feet of the facility and includes a statement as to compliance with the FCC Maximum Possible Exposure (MPE) limit. The format of this report shall conform to City requirements. The intent of the report is to measure exposure levels at the location after the facility is in operation and shall include the cumulative RF levels of all the telecommunications facilities at the subject site. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. If that analysis determines the MPE levels are exceeded, the operator shall cease operation immediately. Modifications shall be made to the facility and the operator shall conduct a second confirming RF report of the MPE levels. Full operation of the facility shall not be allowed until the Director of Development Services has determined that the facility is in compliance with Federal guidelines. The City may conduct an independent verification of the results of the analysis provided by the operator, at the operator's cost. Upon demonstration, to the satisfaction of the Development Services Department, that the telecommunications installation is in compliance with all Federal Guidelines, any balance remaining from the security deposit shall be refunded to the applicant, upon written request by the applicant. 2. The existing antennas and microwave dish on the equipment enclosure shall be removed within 30 days of having satisfactorily demonstrated compliance with Federal Guidelines as outlined in Condition of Approval K.1. Resolution No. P-17-04 Page 7 3. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 4. Faded tree leaves or damaged limbs shall be replaced to ensure the long term natural appearance of the faux tree to the satisfaction of the Director of Development Services. 5. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 6. The operator of the facility shall be strictly liable for interference caused by the facility with City telecommunications systems or other public agency emergency communication systems. The operator shall stop operations and determine the cause prior to restarting the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third -party claims against the City attributable to the interference. 7. The telecommunications facility shall not be operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities within 500 feet of the facility that exceed the FCC's MPE limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. 8. If there is any change in the operating characteristics of the facility, a report pursuant to condition H.1 of this Resolution shall be submitted to the Director of Development Services for review and approval. The Director may also require the operator to prepare an updated RF report, and pay for a third -party review of that report, as part of any review of this Conditional Use Permit. 9. Any service light(s) shall only be operated when maintenance is being performed on the equipment. The service light(s) shall be adequately shielded and directed away from adjacent roadways. Resolution No. P-17-04 Page 8 10. The owner of the telecommunications facility shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. Section 5: The approval of CUP 16-010 shall expire on March 7, 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 6: 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. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 7th day of March 2017. Steve Vaus, Mayor ATTEST: �Wjfefd, CMC, CM ity Clerk Resolution No. P-17-04 Page 9 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-17-04 was duly adopted by the City Council at a meeting of said City Council held on the 7th day of March 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nancy-Aeutelcr CMC, City Clerk City of Poway