Covenant Regarding Real Property 1994-0276121
CITY OF POWAY
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2017
o "1994-0216121
26~APR-1994 08=26 AM
OFfICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH. CDUHTY RECORDER
RF: 16.00 FEES: 44.00
Af: 27.00
nF: 1.00
RECORDING REOUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Mt. Olive Lutheran Church of Po way. California. A Corporation ("OWNER" hereinafter) is the
owner of real property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Number 323-190-06 ("PROPERTY" hereinafter). In
consideration of the approval of Major Use Permit P-60-111 Modification by the City of Poway ("CITY"
hereinafter), OWN ER hereby covenants and agrees for the benefit of the CITY, to abide by conditions
of the attached resolution (Exhibit BI.
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Major Use Permit P60-111 Modification expires or is rescinded by City Council
at the request of the OWNER, CITY shall expunge this Covenant from the record title of the
PROPERTY.
If either party is required to incur costs 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. The CITY may assign to persons impacted by the performance of this Covenant
the right to enforce this Covenant against OWNER.
Dated: ~~ If,/99f
ay, California. A
Mt Olive Lutheran Church 0
Corporation, OWNER (Notarize I
CITY OF POWAY
Dated: :J-...LC. _ ..2.~
,Q'f3
By:
~ IJ~ hi. - r.j ~:.~
"
2019
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN Ultl>U, ::, I A I ~ ur
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED FEBRUARY 24,
1876.
EXCEPTING THE NORTHERLY 396.00 FEET THEREOF.
CALIFORNIA ALL.PURPOSE AC~!IIOWLEDGMENT
State of (?,A/,' ;::::;;""p.." , 14-
,
County of ~ 7), '~60
orlt/Ift,'L;CJ9Vbefore me,
DATE / NAME, TiTlE OF OFFICER - E G , "JANE DOE, NOTA Y PUBLIC.
personally appeared ~~J/' 4, ~v
. ~ME(S) OF SIGNEA(S)
D personally known to me - OR -l;iiiProved to me on the basis of satisfactory evidence
to be the person~ whose name")~e
subscribed to the within instrument and ac-
knowledged to me tha~~j!/t~y executed
the same in Q,<ir/th,l!!ir~thorizpd
capacity(iVs), and that by<lJ.Wt{er/tW'eir
signature(!"! on the instrument the person(f'\,
or the entity upon behalf of which the
person(,t'j acted, executed the instrument.
t ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ - - ~f
~_" ' KYLE EVERSON
:( ~, " COMM. 01956147 z
z : -. Notary Public-California ~
z - . " SAN DIEGO COUNTY -
L ~ :'. ~ :~m:.;"r:S:EB~1:1~ J
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
2018
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
No. 5193
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
p( CORPORATj: OFFICER(S)
~..u/hx.-
TITLE(S)
o PARTNER(S) D LIMITED
o GENERAL
P ,ATTORNEY-IN-FACT
~RUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES)
@1992NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
RESOLUTION NO. P- 94-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO MAJOR USE PERMIT P60-111
AND DEVELOPMENT REVIEW 93-04
ASSESSOR'S PARCEL NUMBER 323-190-06
2020
WHEREAS, Modification to Major Use Permit P-60-111 and Development Review
93-04 submitted by Mt. Olive Lutheran Church, applicant, requests approval to
construct a new church sanctuary /admi ni strat ion buil di ng and new preschool
building on the existing church property at 14280 Poway Road; and
WHEREAS, on January 11, 1994, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinqs:
The City Council finds that this project will not have a significant
adverse impact on the environment and hereby issues a Negative Declaration
with mitigation measures as contained in the conditions of approval.
Section 2: Findinqs:
1. The proposed project is consistent with the general plan because the
plan permits the establishment of semi-public uses such as churches
and schools in residential neighborhoods with benefit of a
conditional use permit.
,
2. That 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, residents, buildings,
structures, or natural resources, in that the church and preschool
have-operated successfully during the past years. The size and
design of the proposed buildings are architecturally enhanced and
will be compatible with the neighborhood.
3. That the scale, bul k, coverage and density is cons t stent with
adjacent uses, in that all development standards of the Zoni ng
Ordinance are met. The project will meet the applicable property
development standards for off-street parki ng, setbacks, lot coverage
and building height, including the maximum height for towers/spires.
4. That there are available public facilities, services and utilities
to serve the proposed use as all hcil ities and services can be
provided for through the conditions of approval.
EXHIBIT B
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2021
Resolution No. P-94-03
Page 2
5. That there will not be a harmful effect upon desirable neighborhood
characteristics because the church provides services to the
immediate neighborhood, including making meeting space available to
community groups and by maintaining the church buildings and
grounds.
6. That the generation of traffi c wi 11 not adversely impact the
surrounding streets and/or the City's Circulation Element in that
the parking lot will be expanded so that ample off-street parking
will be provi ded ent i rely withi n the church property. Traffi c
mitigation fees will also be paid.
7. That the site is suitable for the type and intensity of use and
development proposed in that the site has been developed as a church
complex for approximately 30 years. It is found to be complementary
_ to the residential neighborhood that can use its services and
buil di ngs.
8. That there wi 11 not be s ignifi cant harmful effects upon
environmental quality and natural resources because the site
contains no native plants or animals and is surrounded by developed
properties.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
10. That the impacts, as described above and the location of the
proposed use will not adversely affect the City of Poway General
Plan for future use as well as present development.
Section 3: Citv Council Decision:
The City Council hereby approves Modification to Major Use Permit P-60-111
and Development Review 93-04 subject to the following conditions:
Within 30 days of approval (I) 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 on Real Property.
The modification to the use conditionally granted by this permit shall not
be conducted in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and commercial uses.
This conditional use permit shall be subject to annual review by the
Di rector of Planni ng Servi ces for compl i ance with the condi t ions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
2022
Resolution No. P-
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Z. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request 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.
4. An opening shall be provided in the fence located at the west property
line 50 as to provide pedestrian access to the church facilities.
5. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to Ci ty standards. Location shall be
subject to approval by the Planning Services Department.
6. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
7. Prior to any use of the project site Dr business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
8. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
9. This approval shall become null and void if bUilding permits are not
issued for this project within two years from the date of project
approval.
10. Fencing, landscaping and motorcycle parking shall be modified to provide
additional protection for adjacent properties under direction of the
Planning Services Department.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum lZ 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 concrete
cement curb.
2023
Resolution No. P-94-03
Page 4
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
LANDSCAPE IMPROVEMENTS
1. Compl ete landscape construction documents shall be submi tted to and
approved by the Pl ann i ng Servi ces Department pri or to the issuance of
buil9in9 permits. Pl ans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
ma i ntai ned in a hort i cultura lly acceptabl e manner. Dead, decayi ng, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spaci ng along all
streets.
5. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
6. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. 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. Unnatural or excessive pruning, including topping, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
2024
Resolution No. P- 94-03
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
SITE DEVELOPMENT
1. For a commercial, residential or semi-public development, the applicant
shall pay development fees at the established rate. The following fees,
including but not limited to, traffic mitigation, drainage, water base
capacity, and sewer line charge fees shall be paid prior to building
permit issuance.
Permit and plan check fees shall be paid upon submittal of improvement
and/or grading plan, as applicable.
Sewer annexation, street light energy charges, fire protection fees, (and
Park fees for residential projects), shall be paid in full prior to
building permit issuance.
All other fees, including but not limited to, water service fees,
remaining sewer connection, sewer clean out, and sewer inspection fees
shall be paid prior to building permit issuance.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning and Engineering Services Departments and shall be completed prior
to issuance of building permit.
5. The final grading plan, prepared on a standard size sheet of mylar, shall
be subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
6. A pre-blast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer prior to any rock blasting. Seismic
Recordings shall be taken for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
7. A final compaction report shall be submitted and approved prior to
issuance of building permits.
2025
Resolution No. P-94-03
Page 6
8. A certification of 1 ine and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of building permits.
9. If pad elevations increase by greater than two feet in height from those
approved on the schematic grading plan used as a basis of approving the
project, City Council approval of the change will be required prior to
grading permit issuance.
10. Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
11. Erosion control, including, but not limited to desiltation basins, shall
be installed from October 15th to April 15th. An erosion control plan
shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The developer shall make provisions to insure
the proper maintenance of all erosi on control devi ces throughout thei r
intended life.
STREETS AND SIDEWALKS
1. Poway Road, a Circulation Element Road, shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Engineering Services.
2. Reciprocal access and maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director of Engineering
Services. .
3. All street structural sections shall be submitted to and approved by the
Director of Engineering Services.
4. Improvement plans for streets and any other public utility lines, prepared
on standard size sheets of mylar by a Registered Civil Engineer, shall be
submitted for approval by the Director of Engineering Services. Pl an
check and inspection expenses shall be paid by the developer.
5. A Standard Agreement for the Construction of Public Improvements shall be
executed by the developer prior to building permit issuance. Appropriate
securi ties shall al so be posted wi th the submi tta 1 of the Standard
Agreement to the Engineering Services Department.
6. All street and public improvements, as noted in the Standard Agreement for
Construction of Public Improvements, shall be constructed within the time
limit imposed in said agreement, to the satisfaction of the Director of
Engineering Services.
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2026
Reso 1 ut i on No. P-94-03
Page 7
7. Street improvements that include, but are not limited to:
x Sidewalks
x Driveways
x Wheel chair ramps
x Curb and gutter
x Striping and signing
x Street lights
8. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced priDr to exoneration Df bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
x Cross gutter
All ey gutter
x Street paving
Alley paving
Bus shelter/turnout
9. The developer shall acquire an encroachment permit for any private
improvements placed within the public right-of-way.
10. Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
Department and appropriate fees paid, in addition tD any other permits
required.
11. Private street improvement plans shall be processed as a grading plan.
Said plans shall be prepared on standard sheets of mylar by a Registered
Civil engineer and shall be submitted for approval by the City Engineer.
Pl an check and inspect i on fees shall be paid by the developer. The
grading plan shall be approved and securities posted prior to building
permit issuance. The securities shall be posted with a standard agreement
which requires the developer to construct the facilities within two years
of execution of the agreement or pri or to buil di ng permit issuance,
whichever comes first. The security for performance shall be 100% of the
cost estimate approved by the City Engineer. The requirement for a 50%
payment and 10% warranty securities is waived due to the fact that this is
not a public improvement.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at lDcations specified by the
Director of Engineering Services and in accordance with standard
engineering practices.
2. A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the property from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Portl and cement concrete cross gutters shall be i nsta 11 ed where water
crosses the roadways.
2027
Resolution No. P-94-03
Page 8
4. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. All proposed electrical/communication/CATV utilities within the project
shall be installed underground, including existing on-site utilities.
2.' Util ity easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
4. Water, sewer, and fi re protection systems pl ans shall be des igned and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
5. The app 1 i cant shall pay for a water system ana lys is to establ ish the
proper size and location for the public water system. The amount will be
determined by the cost of the analysis and shall be paid prior to
submittal of improvement plans.
6. Within 30 days after receiving approval of the project the applicant shall
apply for a Letter of Availability (LOA) to reserve sewerage availability
and post with the City, a nonrefundable reservation fee equal to 20% of
the appropriate sewerage connection fee in effect at the time the LOA is
issued.
7. The existing septic disposal system shall be abandoned in compliance wit
the requirements of the Health Department and the Uniform Plumbing Code.
8. Developer shall construct one street light along the project's frontage
conforming to City of Poway standards at no cost to the public, subject to
the fo 11 owi ng:
a. Cut-off luminaries shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
b. The light fixture shall use a clear, low pressure sodium vapor light
source.
c. Advance energy charges and Di stri ct engi neeri ng charges shall be
paid by the developer.
d. Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of'final
inspection or Certificate of Occupancy, whichever occurs later.
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2028
Resolution No. P- 94-03
Page 9
9. Cable television services shall be provided and installed underground.
The developer shall notify the cable company when trenching for utilities
is to be accomplished.
10. Existing telephone, gas, electric, and all other public utilities and
appurtenances shall be shown on the grading/private improvement plans.
11. All on-site private sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement plans.
12. Water and seWer main lines and appurtenances that will be installed at
locations other than public streets shall be an easement, a minimum of 20
feet wide for each line, dedicated to the City of Poway. Multiple parallel
facilities will require additional easement width for on-site facilities.
Dedication shall be offered on the final/parcel map or by a separate
document recorded prior to building permit issuance.
13. All public utility lines (i.e., water sewer, water, drainage) not located
within public streets shall have an improved access over and along the
respective easement, the surfacing and width of which shall be acceptable
to the City Engineer.
14. Sewer and water fees will be calculated based on water fixtures wi thi n
each building and estimated occupancy loads.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall meet Class B fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible from
the access street. Building addresses shall also be displayed on the roof
in a manner satisfactory to the Director of Safety Services. Minimum size
of building numbers is 6 inches on facade of building.
3. An approved fire sprinkler system shall be installed in all buildings.
The entire system is to be monitored by a central monitoring agency. A
system post indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior to installation.
4. Install an approved Fire Alarm System.
5. A Knox Security lock system shall be installed on buildings and security
gates.
6. The addition of three (3) on-site fire hydrants is required. The location
of the hydrants shall be determined by the City Fire Marshal.
2029
Resolution No. P- 94-03
Page 10
7. Prior to delivery of combustible building material on site, water and
sewer systems shall satisfactorily 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 1 ift of asphalt shall not be
i nsta 11 ed unt il all other construction activity has been substant i ally
completed to the satisfaction of the City.
8. Fire lane signs and curb markings shall be installed prior to building
occupancy.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. A looped water main shall be i nsta 11 ed along the southerly dri veway
connecting existing eight (6) inch mains in Olive Tree Lane and Poway
Road.
2. The City sewer line located in Poway Road shall be extended north in order
to provide an acceptable connection to the new private sewer lateral from
the church property.
3. A twelve-foot wide gated access shall be provided to the City, at the
north end of the westerly fence line adjacent to Olive Tree Lane, in order
to provide adequate water line maintenance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of January, 1994.
~g,~7ii:v3
ATTEST:
Th~ K 1\!MA-k.
Marjorlr . Wah1sten, City Clerk
I hereby certify, under the penalty
of perjury, that the above and
foregoin9 is a true and correct
copy of Resolution No. f-9tj~~
as adopted by the City Counc~ of
Poway, California on the I J d.
day of ~, 19 .14-.
MA~E K. WAHLWN, CITY CLfRK
trtYJkw~. ~
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2030
Resolution No. P- 94-03
Page 11
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
} 55.
}
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-94-03 ,was duly adopted by the City Council at a meeting of said City Council
held on the 11th day of January , 1994, and that it was so adopted
by the follo~vote:
AYES:
, NOES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
ABSTAIN: NONE
ABSENT: NONE
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