14-0603_CC_Minutes_Regular Meeting MINUTES
June 3, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
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CLOSED SESSION:
Mayor Allevato called the June 3, 2014, Regular Meeting of the City Council to order at
5:04 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor Sam Allevato.
COUNCIL MEMBERS ABSENT: None.
PUBLIC COMMENT: None.
CLOSED SESSION (610.85):
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54957.6, the City Council conferred
with its labor negotiators (Karen Brust, City Manager, Cindy Russell, Chief
Financial Officer, Tom Bokosky, Human Resources Manager, Steve Dunn,
Consultant, and Hans Van Ligten, City Attorney) as to the Memoranda of
Understanding with represented employees, including salaries and fringe
Jbenefits. The affected bargaining units are San Juan Capistrano Classified
Employees Association and San Juan Capistrano Management and
Professional Employees Association; and unrepresented employees.
b. Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council did not confer with legal counsel pertaining to existing litigation
in the matter of Capistrano Tax Payers Association vs. City of San Juan
Capistrano. OC Superior Court Case No. 30-2012-00594579.
C. Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council did not confer with legal counsel pertaining to existing litigation in
the matter of Commonsense.com, LLC vs. City of San Juan Capistrano, at. al.
OC Superior Court Case No. 30-2013-00688382.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:03 p.m. in the City Council Chamber.
Boy Scout Noah Lahey led the Pledge of Allegiance and Council Member Taylor gave
the invocation.
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ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., John Taylor, Derek Reeve,
Mayor pro tem Larry Kramer and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Chamber of Commerce Breakfast.
• Serra Chapel Painting Unveiling.
• San Juan Capistrano Winery Ribbon Cutting Ceremony.
• Orange County Government Prayer Breakfast.
• Therapeutic Horse Demonstration at the Ortega Equestrian Center.
• Battle of the Mariachis at the Mission.
• South Orange County Wastewater Authority Meetings.
• Senior 90's Birthday Celebrations at the Community Center.
• Orange County Water Summit.
• San Juan Capistrano Eco-Expo.
• Historical Fiesta Day.
• Ortega Animal Care Center Ribbon Cutting Ceremony.
• Recon 2014 in Las Vegas.
• Wayne Rayfield of South Orange County Water District.
• Associated Senior Action Program Luncheon.
• Community Engagement Panel Meeting.
• Capistrano Villas No. 3 Playground Equipment Ribbon Cutting Ceremony.
• Memorial Service at the Old Cemetery.
• South Orange County Agencies Meeting.
• Doheny Desalination Meeting.
• City of San Juan Capistrano Water Forum No. 3.
• Reata Park and Event Center Grand Opening.
• Library Bookstore Ribbon Cutting Ceremony.
• Caltrans Meeting.
• Economic Preservation Sub-Committee Meeting.
• Transportation Corridor Agencies Ad-Hoc Meeting.
• Orange County Fire Authority Meeting.
• Urban Village Project Presentation to the Real Estate Sub-Committee.
• Meeting Regarding Reata Park and Event Center Grand Opening.
• Capistrano Unified School District Collaborative Meeting.
• Meeting Regarding Upcoming Orange County Anniversary Event.
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• Senior Volunteer Appreciation Breakfast.
• Tesla Motorcar"Super Charger" Station Ribbon Cutting Ceremony.
• Interviews for the Metropolitan Water District Director Position.
• City Council Retreat Facilitator Meeting.
J • Kinoshita Elementary School City Hall Tour.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior Services
Commission and Youth Advisory Board; and, Ronald Denman and Steve
Behmerwohld, Parks, Recreation and Senior Services Commission.
2. MAY 26, 2014, THROUGH SEPTEMBER 1, 2014, PROCLAIMED AS "WATER
SAFETY SUMMER" (610.40)
3. SOUTHERN CALIFORNIA GAS COMPANY PROVIDED PRESENTATION
REGARDING ADVANCED METER INSTALLATION (610.40)
ORAL COMMUNICATIONS:
• Thomas Whaling, City resident (provided handout); Nancy Anderson, The Ark; and
Tom Hribar, City resident (provided handout).
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 10 and
13 and 14, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF MAY 6, 2014, APPROVED
3. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MAY 6, 2014, APPROVED
4. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 6, 2014,
APPROVED
5. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED APRIL 18, 2014, TO MAY 1, 2014; MAY 2, 2014, TO MAY 15, 2014;
MAY 16, 2014, TO MAY 22, 2014; PAYROLL (CHECK) DATED APRIL 26, 2014;
PAYROLL (DIRECT DEPOSIT) DATED MAY 9, 2014; AND PAYROLL (DIRECT
DEPOSIT) DATED MAY 23, 2014, RECEIVED AND FILED (300.30)
6. CASH AND INVESTMENT REPORT FOR MONTH ENDED APRIL 30, 2014,
RECEIVED AND FILED (350.30)
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7. RESOLUTION NO. 14-06-03-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES, AND RESCINDING RESOLUTION 14-05-06-01;" AND
RESOLUTION NO. 14-06-03-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE; AND RESCINDING
RESOLUTION 14-05-06-02" (630.20)
8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
9. FOUR (4) YEAR LICENSE AGREEMENT WITH THE JUANENO BAND OF
MISSION INDIANS FOR USE OF THE LACOUAGUE BUILDING, ROOM 3, IN
THE OLD FIRE STATION COMPLEX, AT 31411 LA MATANZA STREET, SAN
JUAN CAPISTRANO, APPROVED; AND MONTHLY FEE TO UTILIZE THE
LACOUAGUE BUILDING, ROOM 3, IN THE OLD FIRE STATION COMPLEX, IN
THE AMOUNT OF $992 PER MONTH, UNTIL JUNE 30, 2016, AT WICH TIME
THE MONTHLY FEE WOULD INCREASE BY THE CONSUMER PRICE INDEX
(CPI), NOT TO EXCEED A MAXIMUM OF 2%, UNTIL THE EXPIRATION OF
THE LICENSE AGREEMENT ON JUNE 30, 2018, APPROVED (600.30)
10. ADDITIONAL $12,003 OF REIMBURSEMENT EXPENSES FOR THE VALVE
WORK PERFORMED BY ACCRETIVE REALTY ADVISORS, INC. AS
REQUIRED BY THE SECOND AMENDMENT TO THE PURCHASE AND SALE
AGREEMENT FOR LOT 217, FOR A TOTAL PROJECT COST OF $112,003,
APPROVED; AND STAFF AUTHORIZED TO APPLY THE ADDITIONAL
$12,003 IN REIMBURSEMENT EXPENSES AS A CREDIT TOWARDS
FUTURE, PENDING, WATER DEVELOPMENT FEES DUE TO THE CITY AS
PART OF THIS PROJECT (600.30)
11. AUTHORIZATION TO SUBMIT A GRANT APPLICATION FOR ACTIVE
TRANSPORTATION PROGRAM FUNDS FOR SIDEWALK AND AMERICANS
WITH DISABILITY ACT (ADA) RAMP IMPROVEMENTS ON EL CAMINO REAL
AND SPRING STREET, APPROVED (820.30)
George Alvarez, City Engineer/Traffic Engineer, responded to questions.
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Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Reeve, and carried unanimously to authorize submittal of a
grant application for active transportation program funds for sidewalk and
Americans with Disability Act (ADA) ramp improvements on EI Camino Real and
Spring Street.
12. PERSONAL SERVICES AGREEMENT WITH NUVIS, LANDSCAPE
ARCHITECTURE AND PLANNING, TO PREPARE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) ENVIRONMENTAL STUDIES,
PLANS, SPECIFICATIONS, COST ESTIMATES, AND PROVIDE BIDDING AND
CONSTRUCTION SUPPORT FOR THE NORTHWEST OPEN SPACE
COMMUNITY PARK PROJECT (PHASE 1), IN THE AMOUNT OF $444,234,
APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE CHANGE
ORDERS TO THE PERSONAL SERVICES AGREEMENT IN AN AMOUNT NOT
TO EXCEED THE 10% CONTINGENCY OF $44,423 (600.30)
Cindy Russell, Chief Financial Officer/Treasurer, responded to questions.
• Public Comments: Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
approve Personal Services Agreement with NUVIS Landscape Architecture and
Planning to prepare California Environmental Quality Act (CEQA) environmental
studies, plans, specifications, construction estimates, and provide bidding and
construction support for the Northwest Open Space Community Park Project
(Phase 1), in the amount of $444,234; and City Manager authorized to execute
Change Orders to the Personal Services Agreement in an amount not to exceed
the 10% contingency of$44,423.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
13. FISCAL YEAR 2014-2015 SOLID WASTE RATES (CR&R, INC.), RECEIVED
AND FILED (810.20)
14. AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT NUMBER 12-646
WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
ORTEGA HIGHWAY INTERCHANGE PROJECT FOR THE INSTALLATION OF
THE STORM WATER TREATMENT SYSTEM, APPROVED (600.50)
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PUBLIC HEARINGS:
1. RESOLUTION NO. 14-06-03-03 ADOPTED CONFIRMING THE LEVY OF THE
FISCAL YEAR 2014/2015 ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO;
ORANGE COUNTY AUDITOR-CONTROLLER'S OFFICE AUTHORIZE TO 1
INCLUDE THE ASSESSMENTS ON THE PROPERTY TAX ROLL; AND CITY
CLERK DIRECTED TO FORWARD THE ASSESSMENTS TO THE ORANGE
COUNTY AUDITOR-CONTROLLER (345.20)
Council Member Kramer recused himself and stepped down from the dais due to
his residence within the Los Corrales district.
Jill Thomas, Senior Management Analyst, provided a staff report and responded
to questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony: Michael Aminian, Seaview Estates.
Mayor Allevato closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried 4-0 with Mayor pro tem Kramer recused to
adopt RESOLUTION NO. 14-06-03-03 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE LEVY OF THE FISCAL YEAR 2014/2015 ASSESSMENTS
FOR THE LANDSCAPE MAINTENANCE DISTRICTS IN THE CITY OF SAN
JUAN CAPISTRANO;" Orange County Auditor-Controller's Office authorized to
include the assessments on the Property Tax Roll; and City Clerk directed to
forward the assessments to the Orange County Auditor-Controller.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Kramer
2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN EXTENSION
TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
SAN JUAN CAPISTRANO AND JERRY W. AND NANCY C. NEELY AS
TRUSTEES OF THE NEELY FAMILY TRUST OF MARCH 3, 1989,"
APPROVED (600.30)
Charlie View, Development Services Director, provided an agenda report and
responded to questions.
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Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided. Mayor Allevato closed the public hearing.
i Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously to approve the first reading
and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN EXTENSION TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JERRY W. AND NANCY C. NEELY AS TRUSTEES OF THE NEELY
FAMILY TRUST OF MARCH 3, 1989.'
3. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 4 OF CHAPTER 3 OF
TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH AN ECONOMIC
PRESERVATION OVERLAY DISTRICT PROVIDING FLEXIBLE TEMPORARY
SIGN STANDARDS TO ASSIST BUSINESS CITY-WIDE DURING
CONSTRUCTION OF THE I-5/0RTEGA HIGHWAY INTERCHANGE PROJECT"
(410.40)
Charlie View, Development Services Director, provided an agenda report and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided. Mayor Allevato closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to approve the first reading and
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ARTICLE 4 OF CHAPTER 3 OF TITLE 9 OF THE MUNICIPAL CODE TO
ESTABLISH AN ECONOMIC PRESERVATION OVERLAY DISTRICT
PROVIDING FLEXIBLE TEMPORARY SIGN STANDARDS TO ASSIST
BUSINESS CITY-WIDE DURING CONSTRUCTION OF THE 1-5/ORTEGA
HIGHWAY INTERCHANGE PROJECT."
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
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ADMINISTRATIVE ITEMS:
H1. CITY ATTORNEY
a. CONSIDERATION OF THE POTENTIAL DISPOSITION AND SOLICITATION
OF PROPOSALS REGARDING CITY-OWNED PROPERTIES LOCATED AT
THE NORTHWEST CORNER (PARCEL NO. 666-011-21) & NORTHEAST
CORNERS OF SAN JUAN CREEK ROAD AND LA NOVIA (PARCEL NOS. 666-
013-06, 666-042-09, 666-042-10, 666-042-11) (600.30)
Hans Van Ligten, City Attorney, provided an agenda report and responded to
questions.
Council Action: Moved by Mayor Allevato, seconded by Mayor pro tem Kramer,
and carried unanimously to authorize the City Manager to solicit proposals from
brokers and bring back to the City Council a plan for proper disposition of the
properties located at (1) the northwest corner of San Juan Creek Road and
La Novia Parcel No. 666-011-21, and (2) the northeast corner of San Juan Road
and La Novia Parcel Nos. 666-013-06, 666-042-09, 666-042-10, and 666-042-
11).
H2. PUBLIC WORKS
a. SELECTION OF A ROUNDABOUT INTERSECTION CONTROL FOR THE
NORTHBOUND I-5/LA NOVIA AVENUE AND VALLE ROAD INTERSECTION
IMPROVEMENTS AS THE PREFERRED ALTERNATIVE FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ANALYSIS, APPROVED
(820.20)
George Alvarez, City Engineer/Traffic Engineer, provided an agenda report and
responded to questions.
• Public Comments: Robert Williams, City resident; and Terri Novak,
City resident.
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem
Kramer, and carried unanimously to approve the selection of a Roundabout
Intersection Control for the Northbound 1-5/La Novia Avenue and Valle Road
Intersection improvements as the preferred alternative for the California
Environmental Quality Act Analysis.
H3. COMMUNITY SERVICES
a. CONSIDERATION OF THE NAMING OF THE FACILITY KNOWN AS THE
"LIMOUSINE BARN" AT THE REATA PARK AND EVENT CENTER —
NO FORMAL ACTION TAKEN (910.40)
Cynthia Alexander, Community Services Director, provided an agenda report and
responded to questions.
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ORDINANCES: None.
COUNCILMANIC ITEMS:
1. LAURA FREESE, SHIRLEY AND WAYNE HOWARD DICK PAULSEN AND
GWEN VERMEULEN SELECTED AS THE 2014 HONOREES FOR THE WALL
OF RECOGNITION (210.10)
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Byrnes, and carried 4-1 with Council Member Reeve abstained
to select Laura Freese, Shirley and Wayne Howard, Dick Paulsen, and
Gwen Vermeulen as the 2014 Honorees for the Wall of Recognition.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Reeve
2. ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD, APPROVED
(110.20)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Byrnes, and carried unanimously to approve appointments to
the Youth Advisory Board, term ending August 31, 2015, as follows: Natalia
Garcia, Capistrano Valley High School; Hannah Kredel-Speer, Capistrano Valley
High School; Katherine Clavadetscher, Halstrom High School; Avrial Barreto,
JSerra High School; Michael Elsanadi, JSerra High School; Amanda Lee, JSerra
High School; Marisella Banda, Marco Forster Middle School; Grace Villa, Mater
Dei High School; Cate Peterson, Mission Parish School; Jordan Parkhurst,
Niguel Hills Middle School; Erica Delamare, San Juan Hills High School; Julia
Delamare, San Juan Hills High School; Megan Friess, San Juan Hills High
School; Gavin Spencer, San Juan Hills High School; Kayla Jahangiri,
Santa Margarita Catholic High School; and Grant Kinsey, St. Mary's School;
and Joseph Lopez and Gerald Muir as the Adult Advisors, term ending
August 31, 2016.
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ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 8:54 p.m. to
Tuesday, June 17, 2014, at 4:00 p.m. for Closed Session, and 6:00 p.m. for a public
Business Session; and then to Thursday, June 19, 2014, at 9:00 a.m. for a City Council
Budg Wo
r hop; and then to Thursday, June 19, 2014, at 6:00 p.m. for an Adjourned
Regul r ee ing (Urban Village Project), in the City Council Chamber.
Re pe ubmitted,
MA IA IS, Cl CLE K
Approved: June 17, 2014
ATTEST-
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SAM ALLEVATO, MAYOR
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10 6/3/2014
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, adjourned its Regular Meeting of June 3, 2014, at 8:54 p.m., on to
Tuesday, June 17, 2014, at 4:00 p.m. for Closed Session, and 6:00 p.m, for a public
Business Session; and then to Thursday, June 19, 2014, at 9:00 a.m. for a Budget
Workshop; and then to Thursday, June 19, 2014, at 6:00 p.m. for an Adjourned Regular
MZi
Village Project); and then to Monday, June 23, 2014, at
1: djourned Regular meeting, in the City Council Chamber 32400 Paseo
An Capistrano.
Da 2014
vMClerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA ORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the a ove otice was posted at or near the door of the City Council Chamber on
June 4, 2 14, ithin 24 hours of adjournment of the above-named meeting.
I declar u d r penalty of perjury that the foregoing is true and correct.
Mari . o is, City Clerk