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Covenant Regarding Real Property 2013-0738816RECORDING REQUEST BY CITY OF POWAY ) WHEN RECORDED MAIL TO: ) CITY CLERK ) CITY OF POWAY P O BOX 789 ) 1 POWAY CA 92074 -0789 ) ) D D C # 2013-0738816 IIIIIIIII 11111111111111111111111111111111111111 IN DEC 26, 2013 1:48 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Efnest J. Dionenbuig, Jr., COUNTY RECORDER FEES: 52.00 PAGES: 13 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY Sorrento West Properties, Inc., ( "OWNER" hereinafter), is the owner of real property commonly known as 14130 Kirkham Way ( "PROPERTY hereinafter) and more fully described as: PORTION OF LOT 1 OF CITY OF POWAY TRACT NO. 98 -05 ACCORDING TO MAP THEREOF NO. 13852, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 1999, AS FILE NO. 1999 - 639226 OF OFFICIAL RECORDS In consideration of the approval of Conditional Use Permit (CUP) 13 -014 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit A). This Covenant shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors; heirs, personal representatives, transferees, and assigns of the respective parties. In the event that CUP 13 -014 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 13 -014, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 13 -014 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: Sorrento Inc. Dated: 12/18/13 ({J // y �`� /Au�r�f4t ' �-' R otarize) I J d seph E. Maskalenko, VP, Sec, Treas Its: CITY OF POWAY: Dated: 2 e3 By: �J�� _lz bert J. Manis` Directol' of D ty ment Services 13-108 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of � r J} n1 1 On �l� 1 S ICJ before me, 1L% F.. Z Yr��lny 1 VI�LQN 4 ��Il� , Hera Insert Name and Title of the Officer personally appeared -IQ 40YCE E. ZACNNIAN Curmrgsabn O 2021697 Notary.Publk - Caftrnia San amp County Comm, r 25, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person* whose nameV) is/ye subscribed to the within instrument and acknowledged to me that he /§!;I eq executed the same in his/beAtbeir authorized capacity(jes), and that by his/or(tbetr signature(») on the instrument the personV4, or the entity upon behalf of which the persono) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS,RV hand and official seal. do Signature �/ •) Signatu U Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ • ❑ Attorney in Fact - Top of thumb here ❑Trustee Top of thumb Here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National War/ Association, 9350 Do Soto AV ,P.O.BcA 2402-Chatsworth CA 91313- 2402 -v NationalNotaryom Item #5907 Reoder: Call Toil -Free 1- 800- 8]66027 RESOLUTION NO. P -13 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13 -014 AND DEVELOPMENT REVIEW 13 -010 ASSESSOR'S PARCEL NUMBER 323 - 500 -18 WHEREAS, Conditional Use Permit (CUP) 13 -014 and Development Review (DR) 13 -010 were submitted ;by Sorrento West Properties, ,Inc., Applicant, for phased construction of a private recreation facility consisting of two lighted baseball fields, a lighted soccer field; other lighted recreation courts (tennis, racquetball, volleyball and basketball), a lighted swimming pool, an approximate 1,600- square -foot locker /restroom building, an approximate 2,700- square -foot gymnasium building,, and a 200 -space parking lot on a vacant 20 -acre site located at 14130 Kirkham Way, in the Industrial Park (IP) land use designatiomof the South Poway Specific Plan (SPSP); and WHEREAS, on December 3, 2013, 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, BE IT RESOLVED by the City Council of the City of Poway as follows:. Section 1: An Environmental Initial Study (EIS) and Negative Declaration (ND) were completed for the project. The City Council has considered the ND together with the comments received and considered during the public review - process. The ND reflects the independent judgment- and analysis of the City Council, has been completed in compliance with the California ,Environmental Quality Act (CEQA), and ris adequate for this proposal. It was determined that there is no substantial evidence that the project will have a significant effect on the environment. The City Council hereby adopts the Negative Declaration. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for`CUP 13 -014 are made as follows: A. The location, size, design, and operating characteristics of the ,proposed 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: 1) recreation facilities are permitted at this location with a CUP; and.2) the proposed facility has been designed such that it will not result in impacts to the surrounding community since the noise levels will be compatible with City standards and that new lighting will comply with City standards. B. The location, size, design, and operating characteristics of the proposed facility 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 recreation facility has been designed and sited such that it will not result in impacts to the surrounding community as the facility is located within walking Exhibit A Resolution No. P -13 -30 Page 2 distance to many of the General Atomics' buildings, it is a use that supports General Atomics employees, and the park and building improvements will be constructed to ensure compliance with City standards. C. The proposed facility is in harmony with the scale, bulk;, coverage, and density of, and is consistent with adjacent uses in that the private recreation facility will be located in proximity to General Atomics for their employees use and the recreation facility and associated buildings comply with all City development standards. 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 the surrounding property characteristics in that the proposed facility has been designed and sited such that it will not result in impacts to the surrounding community. The buildings, lighting and site will be constructed with improvements to ensure that: 1) noise levels comply with City standards; and 2) lighting will be designed to comply with City 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 facility will generate less traffic within the range of other uses permitted in the IP land use area and approximately one -half the number of average daily trips (ADT) associated with a 2004 City approval of a multi - building office complex on the site. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility will provide recreational opportunities for the General Atomics workforce in the Business Park. H. There . will not be significant harmful effects upon environmental quality and natural resources in that the proposed project will not- involve the removal of natural habitat resources and there is no natural habitat in proximity to the subject site, and a lighting study determined that project .lighting will not affect biological resources or animal movement in the Beeler Canyon area. There are no relevant negative impacts associated with the proposed facility that cannot be mitigated in that the recreation facility will be constructed to ensure that: 1) noise levels comply with City standards; and 2) lighting will be designed to comply with City standards. J. That the potential impacts,, and the proposed location, size, design, and operating characteristics of the facility will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the recreation facility will be constructed to ensure that: 1) noise levels comply with City standards; and 2) lighting will be designed to comply with City standards. Resolution No. P -13 -30 Page 3 Section 3: The findings, in accordance with Chapter 17.52 PMC for DR 13 -010, are made as follows: A. The project is consistent with the Zoning Ordinance, and General Plan in that the new buildings, landscaping and other site improvements are in compliance with City design and development standards. Therefore, the project respects the interdependence of land values and aesthetics to the benefit of the City. B. The project will not have an adverse health, safety or aesthetic impact upon adjoining properties in that the project is in compliance with all City development standards. C. The development encourages the orderly and harmonious appearance of structures and property within the City. 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 CUP 13 -014 and DR_ 13 -010 to establish a private recreation facility 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 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 -13 -30 Page 4 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 13 -014 shall remain in effect for the life of the subject facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 13 -014 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. Onsite parking may be phased in conjunction with phased construction of the various recreation facilities: A minimum of 24 parking spaces shall be provided in conjunction with the Phase 1 improvements pursuant to the phasing plan on file with the City. Subsequent to the establishment of the phase 1 parking, additional onsite parking is to be phased or completed in its entirety. Prior -to the issuance of a building permit, or building permits,. for facilities or other improvements as shown on Phase 2 of the phasing plan on file with the City, the applicant shall submit a proposal for the additional parking improvements subject to the review and approval of the Director of Development` Services. H. Prior to the issuance of a grading permit or a building permit the applicant shall pay the balance of the. fee required for the subject property pursuant to City Council Ordinance 598. The balance of the fee is $71,649. Prior to the issuance of a Grading Permit the applicant shall: (Engineering) 1. Low Impact Development (LID) design features shall be incorporated into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. 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 Department of Development Services 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 materials as required by Chapter 16.48 PMC shall be submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 3. Water Quality Control — Drainage and Flood Damage Prevention A drainage "study addressing the impacts of a '100 -year storm event, prepared by 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. Resolution No. P -13 -30 Page 5 4. WaterQuality Control — Design and. Construction The project shall 'comply with the City's Jurisdictional Urban Runoff Management Program (JURMP), and all applicable state.and federal laws. The project is considered a Priority Project and will be subject to the Standard Urban Stormwater Management Plan (SUSMP) 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 Chapter 16.104 PMC. b. The 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 O &M plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 PMC. Water Quality Control — Construction Storm Water Management Compliance. The project proposes to disturb an area greater than one acre. 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 201.0 -0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 6. Grading securities in the amount and form described in Chapter 16.46 PMC shall be posted with the City prior to grading plan approval. This will include a minimum cash security of $2,000 in.all instances. 7. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, 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. Construction staking is to be installed. Staking shall be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. 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. (Planning) 1. Prior to the removal of any onsite tree, a Tree Removal Permit shall be submitted and processed. (Public Works) 1. This project will be required to use recycled water for landscape and sports field irrigation, except for areas determined by the Public Works Resolution No. P -13 -30 Page 6 Department to be unsuitable because of potential health hazards that could arise due to cross- connections. 2. Landscape irrigation design must comply ,with all standards set forth by the County of San Diego Department of Environmental Health in the Recycled Water Plan Check and Inspection Manual, including. plan check review and approval by the County of San Diego Department of Environmental Health, as well as the City of Poway Rules and Regulations for Recycled Water Users. 3. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway "Landscape and Irrigation Design Manual, Chapters 17.07 and 17:41 PMC, and all other applicable standards in effect at the time of landscape and 'irrigation plan check submittal. 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. All existing irrigation and landscaping within any designated Landscape Maintenance District (LIVID) and Land Development Association areas shall be protected. 4. Use of recycled water will be required for onsite landscape irrigation. Each site shall have a designated user supervisor who has attended the Department of Environmental Health- approved user supervisor class. The County of San Diego Department of Environmental Health will assess fees for the following activities (requirements and fees are subject to revision by the County, information below reflects 2013 County requirements and associated fees): a. Site Plan Check $ 400 avg. cost" b. Shut Down Test" $1,100 avg. cost' C. Title 22 Inspection $ 80 avg. cost' Based on full cost recovery, actual.fee amount may vary. *' Shut Down Test is currently required at initial installation and at least every four (4) years on sites with both recycled and potable water. A cross connection test for the recycled water system shall be coordinated with Public Works. Cost of Shut Down Test is currently $220.00 per hour (average test time is five hours). 5. Additional signage may be required, as determined by the Public Works Department, to further clarify and distinguish outdoor plumbing fixtures connected to the potable water system (e.g.: drinking fountains) to further avoid the possibility of cross - connections. Resolution No. P -13 -30 Page 7 6. Owner is required to designate a, Recycled Water Site Supervisor, as identified ;in Attachment 17 of the County of ,San Diego Department of Environmental Health Recycled Water Plan Check and Inspection Manual, for this site to oversee duties and responsibilities as identified in Attachment 18;,of the. manual. Each site shall have a designated user supervisor who .has attended the Department of Environmental Health - approved user's upervisor class. 7. Regarding ongoing operation and maintenance of the recycled water irrigation system, owner must comply with the "Procedures for Receiving Recycled Water Service" set forth in the City ' of Poway Rules and Regulations for Recycled Water Users, and all other provisions of the County of San Diego Department of Environmental Health Recycled Water Plan,,Check and Inspection Manual which includes implementation of retrofits, particularly the requirements listed' in Attachment 37. 8. Owner must allow timely access to the site for access to water meters for routine reading and maintenance, and periodic' inspection and, testing of onsite potable and recycled water systems, to assess the possibility of cross - connections. 9. As an option, to facilitate conducting the required recycled water testing as described above and to minimize the disruption to normal operations onsite during the test, applicant may consider incorporating a potable highline valve ;assembly on the building exterior to provide potable. water to the facility during mandatory four -year; four -flour cross- connection tests. If this type of assembly is installed and used for the test, the service disruption to install "a highline for the test should be' minimal. Prior to the issuance of a Building Permit, the applicant shall: (Engineering) 1. The site shall be developed in accordance with, the approved grading plans on file, in the Development Services Department ,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. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer from October to April 30. The developer 'shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading ofthe 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: Resolution No. P -13 -30 Page 8 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 4. 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 Development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The current applicable fees are estimated as follows: a. Drainage (Beeler Creek 20.07 acres) $25,044.00 b. *Water (Each 2" meter) $13;619.00 C. Traffic (3,800SF) $ 8,105.00 d. **Sewer (3,800SF) $ 0 ($73,075 has been paid with LOA 267) e. Fire Apparatus (3,800SF) $ 463.71 *A separate capacity fee to be paid by separate check to the San Diego County Water Authority is required for potable service. The fee is based on the meter size ($22,495 for each 2" meter). * *The sewer connection fees for this project are less than the amount previously collected per the master development plan for the ultimate development of this site approved as DR 04 -02. Therefore, no additional sewer fees are due for this project. The fees previously collected per LOA 267 represent 50% of the total fees due for the ultimate development of the property with the balance due at the time of ultimate development. (Planning) 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. Improvement plans shall be submitted to denote the location, type and timing of the phasing improvements. 4. All project lighting shall comply with the South Poway Development Plan lighting standards. Resolution No. P -13 -30 Page 9 K. The following shall be complied with to the satisfaction of the Director of Safety Services: 1. The project is located within the Very High Fire Hazard Area of the City and is new construction; therefore, California Building Code Chapter 7A will apply. 2. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal. 3. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 4. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all- weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20 -foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the PMC, shall approve the road surface type. 5. A'Knox' Security Key Box shall be required for the buildings at a location determined by the City Fire Marshal. 6. Roof covering shall be fire retardant as per PMC 15.04.050 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 7. Each building shall display the approved numbers and /or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and be sized between 18- inches (minimum) and 24= inches (maximum). Each building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department - ASTREA criteria. L. Prior to the issuance of a Certificate of Occupancy, the applicant shall: (Engineering) 1. All proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. Resolution No. P -13 -30 Page 10 2. The .drainage facilities, driveway, Islope.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 pads 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 public improvements caused by construction activity from this project. 5. All work on the approved grading plans shall be completed. Record drawings signed by the engineer of work, shall be submitted and approved by Development Services prior to a request for 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. All applicable easements and agreements shall be referenced on the record drawings. At least three weeks prior to a request for occupancy is recommended. (Planning) 1. The hours of operation shall be from 5:00 AM to 10:00 PM seven days a week. All lighting, except security lighting or low- pressure sodium parking lot lighting shall be turned off with the close of operation each day. (Public Works) 1. Protect existing landscaping within LIVID 87 -1 on the Stowe Drive slope. Any damage to the irrigation system needs to be repaired within 24 hours by a contractor with a C -27 license. The existing water stub is to be removed if not used. .Section 6` This approval shall expire on December 3. 2015, at5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the approval has commenced. Resolution No. P -13 -30 Page 11 PASSED, ADOPTED and APPROVED bythe City Council of the City of Poway, State of California, this 3rd day of December 2013. Don Higginson, Mayor ATTEST: Sheila M. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 13 -30, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of December, 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 'M Oil E-- She' a R. Cobian, CMC, City Clerk City of Poway