Loading...
Res P-13-21RESOLUTION NO. P -13 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12 -002 ASSESSOR'S PARCEL NUMBERS 321 - 190 -05, 07,14 AND 15 WHEREAS, a request for a Tentative Tract Map (TTM 12 -002) to subdivide an approximate 11.6 -acre property located on the east side Tierra Bonita Road, approximately 400 feet south of Twin Peaks Road, in the Residential Single - Family 4 (RS-4) and Rural Residential C (RR -C) zone, into twelve residential lots was submitted by John Fitch and Associates, Applicant; and WHEREAS, on August 20, 2013, the City Council held a public hearing on the above - referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: An Environmental Initial Study (EIS) and Mitigated Negative Declaration (MND) were completed for the project. The City Council has considered the MND together with the comments received and considered during the public review process. The MND reflects the independent judgment and analysis of the City Council, has been completed in compliance with the California Environmental Quality Act (CEQA), and is adequate for this proposal. It was determined that with mitigation there is no substantial evidence that the project will have a significant effect on the environment. The City Council hereby adopts the Mitigated Negative Declaration. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Tract Map 12 -002, are made as follows: A. The TTM is consistent with the General Plan, in that it proposes to create twelve residential lots at a density consistent with the General Plan and Poway Municipal Code (PMC). B. The design and improvements required of the TTM are consistent with the General Plan, in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to provide twelve lots, and is compatible and in character with development in the vicinity. D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed Resolution No. P -13 -21 Page 2 work within Rattlesnake Creek, which will impact wetland habitat, will be mitigated in accordance with City and other governmental agency requirements. E. The approval of the TTM is not likely to cause serious public health problems in that City water and sewer service will be provided to the project. F. The design of the TTM will not conflict with any easement by the public at large, now of record, for access through or use of the property within the subdivision in that the ultimate development of the site with residences can be accommodated without obstructing or otherwise impacting existing easements. Section 3: The findings, in accordance with Government Code Section 66020 for the public improvements, 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 services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Water and sewer lines; 2. Onsite fire hydrants; 3. Street lights along Tierra Bonita Road; 4. Rattlesnake Creek flood channel improvements; 5. An all- weather surface walkway along Tierra Bonita; 6. Onsite drainage improvements; 7. Undergrounding of existing overhead utilities on the site; and 8. A Public recreation trail through the site. Section 4: 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 5: The City Council hereby approves Tentative Tract Map 12 -002, to allow the subdivision of an approximate 11.6 -acre site into twelve lots, as shown on the approved Tentative Tract Map on file with the City, subject to the following conditions: A. This approval is based on the existing site conditions represented on the Tentative Tract Map. If actual conditions vary from representations, the map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Map, prior to Final Map approval, must be approved by the Director of Development Services and may require approval of the City Council. B. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. C. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. Resolution No. P -13 -21 Page 3 D. 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. E. Home design and construction is not included in this approval and shall require approval of either a Minor Development Review Application or Development Review application, as applicable and pursuant to the PMC. F. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with. (Engineering) 1. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 2. A new public trail easement, channel maintenance access easement, public utility easements, and storm water facilities management maintenance access easement located within the limits of the subdivision are to be dedicated to the City of Poway on the Tract Map. Any offsite easements required to serve the subdivision, including, but not limited to, utility services and access shall be recorded. 3. The right -of -way along the property frontage on Tierra Bonita Road shall be a minimum width of 60 feet. Additional dedication necessary to meet this requirement shall be recorded. 4. Private utility service and access easements within the subdivision boundary, which will be needed once the lots are created, shall be reserved on the Final Map. Resolution No. P -13 -21 Page 4 5. Applicant shall enter into a Private Street Maintenance Agreement for all private roads within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. 6. A mylar copy of the map shall be provided to the City within three months of its recordation or prior to Building Permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the map, for the mylar reproduction of the recorded map shall be posted. 7. Within 30 days after receiving City Council approval of the Tentative Tract Map, the subdivider shall apply for a Letter of Availability (LOA) to reserve sewerage availability for 12 Equivalent Dwelling Units (EDU) and post with the City a nonrefundable reservation fee equal to 20% of the sewer connection fee in effect at the time the LOA is issued. Listed below is the current applicable amount: 12 EDU x $5,836/EDU = $70,032 20% of sewer connection fee = $14,006.40 8. Within 30 days after City Council approval of the Tract Map, the subdivider shall pay the City an additional 30% sewer connection fee, in accordance with the Letter of Availability established for the project. The remaining 50% of the sewer connection fee shall be paid at Building Permit issuance or within three years of the recordation of the tract map. 30% of sewer connection fee = $21,009.60 9. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. Listed below is the current applicable fee: 11.64 Ac. x $1, 570 /acre = $18,274.80 10. The project requirements for fire protection call for the installation of one or more fire hydrants and expansion of the public water system necessary to support the installation of the hydrants. A water system analysis is required for final design of the proposed public water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 11. A Public Improvement plan shall be submitted per PMC requirements to the Development Services Department (DSD), Engineering Division. Improvement design should be 100% complete at time of submittal and should include the following Public Improvements: a. A new public trail shall be provided through the site as shown on the approved Tentative Tract Map. The trail improvements shall be to the satisfaction of the Director of Public Works and may require trail fencing. Resolution No. P -13 -21 Page 5 b. Public sewer improvements connecting all 12 lots to the nearest public sewer main. Every reasonable effort, to the satisfaction of the City, shall be made to locate the new public main on the downstream side of the existing bridge on Tierra Bonita Road. C. Public water improvements and related appurtenances (including fire hydrants, service laterals, air releases, etc.) necessary for connecting all 12 lots to the public water main located in Tierra Bonita Road. d. The undergrounding of all utility lines within and along the frontage of the property. All lines shall be undergrounded onsite and, as deemed necessary by the City, to the nearest offsite pole. e. Additional street lights shall be installed along the property frontage on Tierra Bonita Road. A minimum of three lights shall be installed, to the satisfaction of the City. f. The pavement along the property frontage on Tierra Bonita Road shall widen, as necessary, to a minimum 40 -foot width. g. A 5- foot -wide decomposed granite walkway shall be installed along the property frontage on Tierra Bonita Road. h. Curb and gutter shall replace the existing AC berm on the property frontage on Tierra Bonita Road. i. An ADA accessible pedestrian ramp shall be installed at the existing crosswalk on Tierra Bonita Road. 12. The Public Improvement plan shall be approved. The applicant shall enter into a Standard Agreement For Public Improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements. (Planning) 13. Prior to Final Map approval or Grading Permit issuance, whichever occurs first, the applicant shall provide documentation that required outside agency approvals have been secured for the proposed alterations to the onsite portion of Rattlesnake Creek and flood channel improvements. The applicant is hereby advised that significant changes to the flood channel improvements that may result from outside agency review and approval may in turn cause revisions to the subdivision design. Revisions shall comply with City subdivision design standards and significant revisions may require additional City and City Council approval. (Public Works) 14. Annex into Landscape Maintenance District (LIVID) 83 -1a. Parcels 321- 190 -07 and 231 - 190 -15 shall be annexed into Lighting District Zones A and C. G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: Resolution No. P -13 -21 Page 6 (Engineering) 1. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the DSD Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies, as required by PMC Chapter 16 shall be submitted. 2. Water Quality Control — Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100 -year storm event, prepared by a registered Civil Engineer, is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 3. Water Quality Control — Design and Construction The project shall comply with the City's Jurisdictional Urban Runoff Management Program (JURMP). The project is considered a Priority Project and will be subject to the Standard Urban Stormwater Management Plan as outlined in the PMC. A Water Quality Technical Report (WQTR) prepared by a registered Civil Engineer is to be submitted and approved. a) Provide two copies of an Operation & Maintenance (O &M) plan in accordance with PMC Chapter 16.104. b) Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in PMC Chapter 16.104. 4. Water Quality Control — Construction Storm Water Management Compliance "Proof of Coverage" under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009 - 0009 -DWQ, as amended by order 2010 -0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 5. Grading securities shall be posted with the City prior to grading plan approval per PMC Chapter 16.46.080. A minimum cash security of $2,000 is required in all instances. 6. Following approval of the grading plans, posting of securities and fees, and submittal of three copies of the approved plans to the City, the applicant shall attend a pre- construction meeting at the DSD. The Resolution No. P -13 -21 Page 7 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, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 7. Prior to start of any work within a City -held easement or right -of -way, a Right -of -Way Permit shall be obtained from the Engineering Division of the DSD. All appropriate fees shall be paid prior to permit issuance. Any offsite easements required to serve the subdivision, including but not limited to, utility services and access shall be recorded. 8. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer authorized to practice surveying and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 9. Public Improvement plans shall be submitted to the DSD Engineering Division. Improvement design should be 100% complete at time of submittal and should include the Public Improvements previously described in this report. 10. The undergrounding of onsite overhead utilities shall be shown on the grading plans and completed before the final approval of site grading. (Planning) 11. Prior to Final Map approval or Grading Permit issuance, whichever occurs first, the applicant shall provide documentation that required outside agency approvals have been secured for the proposed alterations to the onsite portion of Rattlesnake Creek and flood channel improvements. 12. Prior to the issuance of a Grading Permit, the applicant shall submit a detailed Wetland Mitigation Plan, which describes in detail how wetland impact mitigation will occur; to be reviewed and approved by the City. Approval of the Plan is also subject to the review and approval of other government regulatory agencies involved in the issuance of permits associated with modification to Rattlesnake Creek. The wetland mitigation shall be implemented before City acceptance /approval of the project grading. The applicant shall mitigate the impacts to 0.32 acres of onsite wetlands at a minimum ratio of 1:1 by re- creation of wetlands onsite or in close proximity to the project site. The required wetlands mitigation area cannot be encumbered by any easement that exists or is established for a purpose other than natural resource conservation. As an alternative to re- Resolution No. P -13 -21 Page 8 creation of wetlands on or nearby the site, the applicant may mitigate impacts to onsite wetlands through a means to be determined by the other government agencies in their review and approval of permits associated with modification to Rattlesnake Creek. 13. Tree removal shall require the processing of a Tree Removal Permit. Tree removals proposed during raptor nesting season (January 15 through September 15) shall comply with City requirements. 14. Grading shall be consistent with the concept grading shown on the approved TTM. Pad elevation changes more than +/- two feet shall require City Council approval as a TTM revision. 15. Pursuant to the Phase I Cultural Resource Study prepared for the project and on file with the City, the applicant shall contract with a qualified archaeologist to implement a grading monitoring program to the satisfaction of the City. This program shall include, but not be limited to, the following actions: a. The qualified archaeologist/historian and Native American Observer shall attend the pre- construction meeting with the contractors to explain and coordinate the requirements of the monitoring program. The City shall approve all persons involved in the monitoring program prior to any pre- construction meetings. b. The consulting archaeologist shall contract with a Native American Observer to be involved with the grading monitoring program. C. An adequate number of monitors (archaeological /historical /Native American) shall be present to ensure that all earth - moving activities are observed and shall be onsite during all grading activities. d. During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and Native American Observer shall be onsite full -time to perform inspections of the excavations. The consulting archaeologist can determine the frequency of inspections, and depending upon the grading process, the need for monitoring and the duration of site visits can be reduced. Any changes to the monitoring plan must be communicated to the City. e. Isolates and clearly non - significant deposits encountered during grading will be minimally documented in the field and the monitored grading can proceed. f. In the event that previously unidentified, potentially significant cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbing operation in the area of discovery to allow for evaluation of potentially significant cultural resources. The archaeologist shall contact the City of Poway at the time of discovery. The archaeologist, in consultation with the DSD, shall determine the significance of the discovered resources. The qualified archaeologist must concur with the Resolution No. P -13 -21 Page 9 evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City. The data recovery program will then be carried out using professional archaeological methods. If any human remains are discovered, the County coroner shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as identified by the Native American Heritage Commission (NAHC), shall be contacted in order to determine proper treatment and disposition of the remains. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. The archaeological monitor(s) and Native American Observer shall determine the amount of material to be recovered for an adequate artifact sample for analysis. g. In the event that previously unidentified cultural resources are discovered, all cultural material collected during the grading monitoring program shall be processed and curated according to current professional repository standards. The collections and associated records, including title, shall be transferred to an appropriate curation facility within San Diego County, to be accompanied by a payment of the fees necessary for permanent curation. In the event that previously unidentified cultural resources are discovered, a report documenting the field and analysis results, and interpretation of the artifacts and research data within the research context, shall be completed and submitted to the satisfaction of the DSD prior to the issuance of any Building Permits. h. In the event that no cultural resources are discovered, the consulting archaeologist shall send a letter to the City to that effect, informing them that all monitoring activities have been completed. Prior to rough grading inspection sign -off, the archaeological monitor shall provide evidence that the grading monitoring activities have been completed to the satisfaction of the City. H. Prior to Building Permit issuance for residence construction, the applicant is required to comply with the following: (Engineering) 1. Proof of approval of a Letter of Map Revision (LOMR) from FEMA shall be provided. Resolution No. P -13 -21 Page 10 2. The Public Improvement plan shall be approved and the applicant shall enter into a Standard Agreement for Public Improvements. The applicant will be responsible for posting securities for public improvements. 3. The site shall be developed in accordance with the approved grading plans on file in the DSD and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. Erosion control shall be installed and maintained by the developer annually, from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 5. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 6. Prior to start of any work within a City -held easement or right -of -way, a Right -of -Way Permit shall be obtained from the Engineering Division of the DSD. All appropriate fees shall be paid prior to permit issuance. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The following is a current list of the anticipated fees due for each lot: a. Indirect Benefit $500 b. Water* (1" Meter) $5,448 C. Traffic ** $2,244 - $2,260 d. Park $4,562 e. Fire Apparatus $122.03 f. Sewer * ** (LOA) $2,918 *There is also a required fee to the San Diego County Water Authority in the amount of $6,922 for a 1" meter. * *The traffic fee is based on the underlying zoning of the specific lot. The larger fee is applicable for the lots zoned RR -C. ** *The fee represents 50% of the sewer connection reserved with the Letter of Availability (LOA). The sewer connection fee shall be paid prior to building permit issuance. Resolution No. P -13 -21 Page 11 (Planning) 8. Applicable school fees in effect at the time of Building Permit issuance shall be paid to the Poway Unified School District (PUSD). 9. The developer is advised that, pursuant to PMC Chapter 17.26.100 through 17.26.300, single - family residential development shall provide that 15 percent of the units created shall be affordable to low- income households. The developer of for -sale housing may, in lieu of providing required inclusionary housing onsite or offsite, pay an Affordable Housing In -Lieu Fee to the City in accordance with the provisions of the referenced Section prior to issuance of a Building Permit. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the following: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 5. Trail improvements shall be reviewed and accepted by the City Public Works Department. 6. Record drawings, signed by the engineer of work, shall be submitted to DSD prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. J. The following is required before construction to the satisfaction of Director of Safety Services: Resolution No. P -13 -21 Page 12 1. This project is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A and PMC Chapter 15.05 will apply. 2. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single - family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. Access roadways shall have an all- weather driving surface, a roadway interior turning radius of not less than 28 feet, an outside turning radius of not less than 45 feet, and capable of supporting the imposed loads of fire apparatus with a minimum of 13 feet, 6- inches of vertical clearance. Cul -de -sac turn- arounds shall be a minimum of 76 feet in diameter. The Fire Chief, pursuant to the PMC, shall approve the road surface type. Access road grades cannot exceed 20 %. The angle of departure and the angle of approach of a fire access roadway shall not exceed 12 %. Dead -end access roadways in excess of 150 feet long shall be provided with approved provisions for turning around of Fire Department apparatus. 3. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. The main capacity for the project shall not be less than eight inches in diameter and capable of supplying the required fire flow with a maximum flow velocity of 15 feet per second. Costs of the water analysis shall be the responsibility of the applicant. 4. Three fire hydrants, each equipped with one 4 -inch NST outlet and one 2'/2-inch NST outlet, shall be provided — one at each of the two cul -de- sacs and one at the corner of Tierra Bonita and Lot 12 serving the southerly subdivision access road. Fire hydrant flow shall exceed a minimum of 1,500 GPM, with a residual flow pressure of 20psi. The water flow velocity is not to exceed 15 feet per second and be capable of providing uninterruptible flow capacity. The water supply analysis shall include the new fire hydrants. 5. Each lot of the subdivision will be required to have a minimum 1 -inch service lateral from the service main to the water meter. Section 6: The approval of Tentative Tract Map 12 -002 shall expire on August 20, 2015, at 5:00 p.m. The Final Map conforming to this conditionally approved Tentative Tract Map shall be filed with the City so that the City may approve the Final Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Tract Map, a request for a time extension is submitted to the DSD and a time extension is subsequently granted by the City Council. Resolution No. P -13 -21 Page 13 Section 7: Pursuant to Government 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 August 20, 2013. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 20th day of August 2013. w MOW Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P -13 -21 was duly adopted by the City Council at a meeting of said City Council held on the 20th day of August 2013 and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: VAUS S eila . Cobian, CMC, City Clerk City of Poway