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08-1216_CC_Minutes_Regular MeetingMINUTES DECEMBER 16, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: (Closed Session met for a Special Meeting — see separate minutes December 16, 2008) Mayor Nielsen called the Regular Meeting of the City Council to order at 6:39 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance; and Mayor pro tem Uso gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro tem Dr. Londres Uso and Mayor Nielsen COUNCIL MEMBERSIDIRECTORS 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 (From the Special Meeting held at 5:00 p.m.): Mayor Nielsen reported that no reportable actions were taken at Closed Session. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen reported that the next meeting of the Open Space Committee was scheduled for Monday, January 12, 2009 at 6:30 pm. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: • Camino Real Playhouse performance of "A Christmas Carol." • January sign up for the Hairiest Man Contest. ■ Closure of City Hall over the Holiday INTRODUCTIONS AND PRESENTATIONS Mayor Nielsen Proclaimed December 18, 2008 "Day without a Bag" (610.40) Mayor Nielsen proclaimed December 18, 2008 as "Day Without at Bag" day and presented the proclamation to Angela Howe from the Surfrider Foundation. 12-16-2008 2. COMMISSIONERS PRESENT AT THE MEETING (110.10) Mayor Uso introduced the following individuals in attendance: Gene Ratcliffe, Planning Commission; Ron Denman and Gail Zukow, Parks, Recreation and Equestrian Commission; Bill Bonney, Housing Advisory Committee; Jim Shenold, Youth Advisory Board; and Ellen M. Addonizio, President, and Sue Palazzo, Trustee, Capistrano Unified School District. ORAL COMMUNICATIONS Joan Irvine Smith, City resident, presented a book to Mayor Nielsen for the City's library, entitled "In Nature's Temple — the life of William Wendt;" spoke regarding water resources for emergencies; spoke regarding the Ortega Highway widening project, suggesting a request for an extension for review of the Draft Environmental Impact Report; and inquired into funding for the 241 Toll Road. Council Member Allevato felt that funding for the toll road was unclear due to the economy. Jim Vance, City resident, spoke regarding economic illiteracy and the Capistrano Terrace negotiations for property purchase. Patrick Crowley, City resident recommended an ordinance to address downtown transients, requested use of E -Verify for the temporary landscape contract; and supported more extensive checkpoint procedures. Frank Marmolejo and Susan Reese, Orange County Human Relations Commission, provided a summary of their current work efforts, encouraged investment in human relations infrastructure; and presented Mayor Nielsen with a memorial calendar. CONSENT CALENDAR Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously, to approve items 1 through 6, 9 and 10 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES APPROVED: CITY COUNCIL REGULAR MEETING OF DECEMBER 2, 2008, AS SUBMITTED 3. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 2, 2008, IN THE TOTAL AMOUNT OF $2,003,916.31; AND PAYROLL WARRANTS DATED NOVEMBER 28, 2008, IN THE TOTAL AMOUNT OF $314,225.83 RECEIVED AND FILED (300.30) 4. CASH BALANCES BY FUND — October 31, 2008, RECEIVED AND FILED (330.50) 2 12-16-2008 5. REPORT OF INVESTMENTS — MONTH ENDING OCTOBER 31, 2008 RECEIVED AND FILED (350.30) 6. CLAIM OF DAVID RUDKO DENIED BASED ON INVESTIGATION AND RECOMMENDATION OF CARL WARREN & COMPANY, CITY'S INSURANCE ADJUSTER (170.70) 7. PERSONAL SERVICES AGREEMENT APPROVED: E. STEWART AND ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE SERVICES THROUGH JUNE 30, 2009, AS AMENDED (600.30) Nasser Abbaszadeh, Public Works Director, provided a summary of the agenda report. Dave Adams, City Manager, indicated that an ordinance was pending to require city contractors to use the E -Verify system. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tern Uso, and carried unanimously to approve a Personal Services Agreement with E. Stewart and Association, Inc. to end on June 30, 2009, in an amount not to exceed $180,300 revised to amend Section 2. Term to strike the entire last sentence of the paragraph; and the City Manager authorized to execute the agreement. 8. GROUND LEASE FOR MULTI MODAL PARKING LOT AMENDMENT APPROVED (LOT 4, TRACT 134) SUBJECT TO CONDITIONS (26755 VERDUGO, LLC) CITY COUNCIL PRIORITY NO. 19A (600.20) Douglas Dumhart, Economic Development Manager, responded to questions. Council Action: Moved by Council Member Hribar, seconded by Council Member Uso, and carried unanimously, to approve the amendment to the ground lease over Lot 4 of Tract 134 subject to the City Engineer's acceptance of the legal description for Exhibit C. 9. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES PURSUANT TO GOVERNMENT CODE 66006 RECEIVED AND FILED (AB 1600) (330.50) 10. DEL OBISPO STREET WIDENING (CIP NO. 102): STAFF AUTHORIZED TO SEND NOTICE OF HEARING REGARDING INTENT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY -- 300' SOUTH OF CALLE ASPERO TO 400' NORTH OF CALLE ASPERO; AND TO SET HEARING DATE (APN 649-082-020) (STEVEN P. & CARINA M. HATHAWAY) (670.40) 3 12-16-2008 11. ASSIGNMENT OF DEVELOPMENT AGREEMENT FOR WHISPERING HILLS ESTATES TO RANCHO SAN JUAN DEVELOPMENT, LLC CONTINUED TO JANUARY 20, 2009 (VESTING TENTATIVE MAP 16634) (600.30) Omar Sandoval, City Attorney, provided a summary of the matter. Written Communications: ■ Whispering Hills LLC, 111812008, original request for assignment of development agreement. Public Comment: ■ Ellen M. Addonizio, President, Capistrano Unified School District Board of Trustees, requested, as an individual, a postponement of the Council action to allow the school district to review the matter for potential impacts. ■ Jim Reardon, City resident, felt the agreement needed further consideration before it is approved and supported a postponement. ■ Todd Cunningham, President, Woodbridge Homes, applicant, supported the project proceeding to begin to avoid impacts from project delays Council Comments: ■ Discussion regarding Capistrano Unified School District for 30 days ■ Item was previously continued Motion Failed lacking a second: Moved by Council Member Hribar to consent to the assignment of the Development Agreement for Whispering Hills Estates to Rancho San Juan Capistrano Development, LLC. Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and carried 4-1-0 with Council Member Hribar opposed, to continue the matter to January 20, 2009. ROLL CALL AYES: Council members: NO: Council member.- ABSTAIN: ember:ABSTAIN: Council Member: PUBLIC HEARINGS: Allevato, Freese, Uso, and Mayor Nielsen Hribar None E1. RESOLUTION NO. 08-12-16-01: APPEAL OF ARCHITECTURAL CONTROL (AC 08-020) UPHELD SUPPORTING INSTALLATION OF A MURAL AS CONDITIONED (33033 CAMINO CAPISTRANO)(FAMILY CLASSIC CARS)(APN 668-291-20)(MARC SPIZZIRI)(HARRY RAUCH)(410.60) 4 12-16-2008 Nick Taylor, Planning Technician, and Grant Taylor, Assistant Planning Director, summarized the agenda report and responded to questions, clarifying that the three Sycamore trees are scheduled to remain. Written Communications: ■ E-mail: Yvonne Tschaikowsky requesting denial Mayor Nielsen opened the public hearing. Public Testimony: ■ Harry Rauch, appellant, reviewed revisions made, provided sample materials Mayor Nielsen closed the public hearing. Council Comments: • Concern for setting a precedent for mural placement and materials ■ Placement would more appropriate in garden or smaller building areas — treat larger murals as a sign ■ Artistic historical depiction ■ Enhances town character Council Action: Moved by Council Member Allevato seconded by Council Member Freese, and carried 3-2-0 with Mayor pro tem Uso and Council Member Hribar opposed to adopt Resolution No. 08-12-16-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL OF ARCHITECTURAL CONTROL (AC) 08-020, THEREBY OVERTURNING THE PLANNING COMMISSION DECISION TO DENY A PROPOSED VINYL WALL MURAL LOCATED AT 33033 CAMINO CAPISTRANO (APN 668-291-20) (APPLICANT: MARC SPIZZIRI) (APPELLENT: HARRY RAUCH)," with direction to the Design Review Committee that the unpainted lower wall is the best appearance and the conditions of approval to include that the Sycamore trees are to remain. ROLL CALL AYES: Council members: Allevato, Freese, and Mayor Nielsen NO: Council member: Hribar and Mayor pro tem Uso ABSTAIN: Council Member: None E2. CODE AMENDMENT 07-02, UPDATING PORTIONS OF CODE SECTION 9- 5.102 — HOUSING IN LIEU FEES — CITY COUNCIL PRIORITY NO. 6A — CONTINUED FROM NOVEMBER 4, 2008; CONTINUED TO FEBRUARY 17, 2009 (430.45) 5 12-16-2008 Laura Stokes, Housing Coordinator, summarized the agenda report. She and Douglas Dumhart, Economic Development Manager, responded to questions. Written Communications: ■ Dave Stefanides, representing Orange County Association of Realtors, requesting a continuance of the item. Mayor Nielsen opened the public hearing. Public Testimony: None Mayor Nielsen closed the public hearing. Council Comments: ■ In -lieu fee should cover the complete cost of building an affordable unit ■ Encourage developers to include affordable units in development ■ Fees are easy to calculate for attached units but difficult to calculate for detached housing ■ Prefer an ordinance that requires affordable housing within the development. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso and carried unanimously to continue consideration of Municipal Code -- Amendment 07-02 to the regular meeting of February 17, 2009. E3. RESOLUTION NO. 08-12-16-02: UPDATE TO FEES AND CHARGES — LAND USE APPEAL FEES (390.10) Steve Montano, Assistant Administrative Services Director, summarized the agenda report and responded to questions. Mayor Nielsen opened the public hearing. Public Testimony: None Mayor Nielsen closed the public hearing. Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Hribar, and carried unanimously to adopt Resolution No. 08-12-16-02 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA amending resolution 08-05-14-01 AND APPROVING AN AMENDED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES — EXHIBIT H;" revised to require a $150 fee for non -applicants. 6 12-16-2008 E4. RESOLUTION NO. 08-12-16-03: TENTATIVE PARCEL MAP (TMP) 08-002; APPLICATION TO SUBDIVIDE EXISTING 2.232 ACRE PARCEL INTO TWO 1 ACRES PARCELS; ADJUST LOT LINE TO ADD 0.232 ACRES TO ADJACENT 1.0877 ACRE SITE — 32192 COOK LANE APPROVED (APN 650-142-06 & 650- 151-22)(HUNSAKER AND ASSOCIATES)(BIRTCHER) (420.70) Justin Kirk, Assistant Planner, summarized the agenda report and responded to questions. Mayor Nielsen opened the public hearing. Public Testimony: ■ Brandon Birtcher, applicant, indicated he is available for questions. Mayor Nielsen closed the public hearing. Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Allevato, and carried unanimously to adopt Resolution No. 08-12-16-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 08-002 TO SUBDIVIDE AN APPROXIMATELY 2.232 ACRE PARCEL INTO TWO 1 ACRE PARCELS AND ADJUSTING A LOT LINE TO ADD 0.232 ACRES TO THE ADJACENT 1.0877 ACRE SITE (APN 650-142-06 & 650-151-22)." RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. ADMINISTRATIVE ITEMS: G1. COMMUNITY DEVELOPMENT DIRECTOR a. RESOLUTION NO. 08-12-16-04: APPEAL OF PLANNING COMMISSION DENIAL RELATED TO ARCHITECTURAL CONTROL (AC) 08-008 — PROPOSED SIGN PROGRAM FOR THE ORTEGA SHELL STATION AS CONDITIONED (APN 650-151-18) (3M HOLDING LLC)(RICHARD FINKEL) (410.60) Justin Kirk, Assistant Planner, summarized the agenda report. He and Grant Taylor, Assistant Planning Director, responded to questions. Written Communications: ■ Gwen Rehler, 12/15/2008, concerned that signage presents wrong image. ■ Yvonne Tschaikowsky, 12114108, request upholding the denial. ■ Eva Crabbs, 12114108, support denial of sign program. 12-16-2008 Shelagh Hegarty, 12115108, supporting denial. Kim Lefner, 12115108, supporting denial. Public Comments: ■ Richard Finkel, Bundy -Finkel Architects, Inc., appellant, provided a demonstration of the proposed LED lighting and encouraged approval of the project. • Mano Ghaneeian and Blash Momeny, project owners, requested approval of the project. Council Comments: ■ LED lights are energy efficient, majority felt appearance was inconsistent with community character ■ Scale of signs ■ Concern that the Ugurt sign has not been reviewed by the Design Review Committee ■ Visibility of signs from under the pump station canopies ■ Impact of program on the character of the town Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Nielsen, and carried 3-2-0, with Council Members Allevato and Hribar opposed, to adopt Resolution No. 08-12-16-04 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPEAL OF ARCHITECTURAL CONTROL (AC) 08-008, THEREBY OVERTURNING THE PLANNING COMMISSION DECISION TO DENY A PROPOSED SIGN PROGRAM FOR BUILDINGS LOCATED AT 27101 ORTEGA HIGHWAY (APN 650-151-28)(APPLICANT: 3 M HOLIDING LLC)(APPELLANT: RICHARD FINKEL);" with the "Ugurt" sign subject to approval by the Design Review Committee. ROLL CALL AYES: Council members: Freese, Uso, and Mayor Nielsen NO: Council member: Allevato and Hribar ABSTAIN: Council Member: None Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Freese, and carried 4-1-0, with Council Member Allevato opposed, to reconsider the Council's previous action. ROLL CALL AYES: Council members. Hribar, Freese, Uso, and Mayor Nielsen NO: Council member: Allevato ABSTAIN: Council Member: None 8 12-16-2008 Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Uso, and carried 4-1-0, with Council Member Allevato opposed, to approve the sign program, enclosure 2, option b with all other signs provided in option 2, thereby adopting Resolution No. 08-12-16-04 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPEAL OF ARCHITECTURAL CONTROL (AC) 08-008, THEREBY OVERTURNING THE PLANNING COMMISSION DECISION TO DENY A PROPOSED SIGN PROGRAM FOR BUILDINGS LOCATED AT 27101 ORTEGA HIGHWAY (APN 650-151-28)(APPLICANT: 3 M HOLIDING LLC)(APPELLANT: RICHARD FINKEL);" with Option B as the monument sign. ROLL CALL AYES: Council members: Hribar, Freese, Uso, and Mayor Nielsen NO: Council member: Allevato ABSTAIN: Council Member: None G2 Public Works Director a. BUS BENCH SHELTERS DESIGN CONCEPTS (CIP NO. 409) (RRM DESIGN GROUP) (940.40) Nasser Abbaszadeh, Public Works Director, summarized the agenda report and responded to questions. Written Communications: ■ Supplementary Agenda Report with updated Attachment 5 to agenda report. Public Comment: Roy Nunn, project architect, provided input concerning the designs Council Comments: ■ Preference for nonflammable roofing material, in particular shakes ■ Scale of columns and impact on public safety ■ Issue of graffiti ■ Need for divided bus benches Council Action: Comments provided, no action taken. ORDINANCES: None 12-16-2008 COUNCILMANIC ITEMS: 1. APPOINTMENTS OF CITY COUNCIL REPRESENTATIVE TO OUTSIDE AGENCIES AND SUBCOMMITTEES (610.60) Meg Monahan, City Clerk, summarized the agenda report. California Joint Powers Insurance Authority Moved by Council Member Freese, seconded t carried unanimously, 5-0, to make the following Joint Powers Insurance Authority: Sam Allevato, Member Laura Freese, Alternate Member I Council Member Hribar, and appointments to the California League of Cities — Orange County Division Moved by Council Member Allevato, seconded by carried unanimously, 5-0, to make the following County League of Cities: Laura Freese, Member Sam Allevato, Alternate Member Council Member Freese and appointments to the Orange Orange County Fire Authority (OCFA) Moved by Council Member Hribar to appoint Sam Allevato as Member and Dr. Londres Uso as Alternate Member to the Orange County Fire Authority. The motion failed lacking a second. Moved Council Member Freese, seconded by Mayor Nielsen, and carried unanimously, 5-0, to make the following appointments to the Orange County Fire Authority (OCFA): Dr. Londres Uso, Member Sam Allevato, Alternate Member Orange County Library Advisory Board Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried unanimously, 5-0, to make the following appointments to the Orange County Library Advisory Board: Laura Freese, Member Sam Allevato, Alternate Member 10 12-16-2008 Orange County Transportation Authority- -- Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA) Moved by Council Member Allevato, seconded by Mayor pro tem Uso, and carried unanimously, 5-0, to make the following appointments to the Orange County Transportation Authority -- Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA): Mark Nielsen, Member Laura Freese, Alternate Member Orange County Vector Control Board Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously, 5-0, to make the following appointment to the Orange County Vector Control Board: Laura Freese, 2 year term San Juan Basin Authorit Moved by Mayor pro tem Uso, seconded by carried unanimously, 5-0, to make the following Basin Authority: John O'Donnell, Utilities Director, Member Laura Freese, Alternate Member Council Member Allevato, and appointments to the San Juan South Orange County Wastewater Authority Joint Powers Authority SOCWA) Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously, 5-0, to make the following appointments to the South Orange County Wastewater Authority Joint Powers Authority (SOCWA): Dr. Londres Uso, Member Tom Hribar, Alternate Member Transvoortation Corridors Agencies (Foothill/Eastern & San Joaquin Hills) Moved by Mayor pro tem Uso, seconded by Council Member Freese, and carried unanimously, 5-0, to make the following appointments to the Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills): Sam Allevato, Member Mark Nielsen, Alternate Member Desalinization Project Participate Committee Moved by Council Member Hribar, seconded unanimously, 5-0, to make the following Project Participation Committee: Tom Hribar, Member Laura Freese, Alternate Member by Mayor pro tem Uso, and carried appointments to the Desalinization 11 12-16-2008 Open Space Committee Moved by Mayor pro tem Uso, seconded by Council Member Hribar, and carried unanimously, 5-0, to make the following appointments to the Northwest Area Strategies Committee: Mark Nielsen, Chairman Tom Hribar, Vice Chairman Water Quality & Watershed Management Committee Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried unanimously, 5-0, to make the following appointments to the Water Quality & Watershed Management Committee (Formerly Floodplain Management Committee): Mark Nielsen, Member Laura Freese, Member 2. COUNCIL MEMBER ORAL REPORTS — OUTSIDE AGENCY BUSINESS ■ Council Member Allevato: Widening will begin on the 73 Toil Road near the toll plaza ■ Mayor pro tem Uso: Met with OC assessor to discuss Community Redevelopment Agency properties that have not been reassessed after major improvements; review of Distrito La Novia plans; Associated Seniors luncheon; Marine families at the playhouse; tree lighting ceremony. ■ Discussion of purpose and placement of oral reports on the agenda. ADJOURNMENT There being no further business, Mayor Nielsen adjourned the meeting at 12"00 a.m. December 17, 2008 to Tuesday, January 6, 2009 at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public Business Session in the City Council Chamber. IIy s RE -r R. MONAHAN, CITY January 6, 2009 IELSEN, MA 12 12-16-2008 NOTICE OF A CONTINUED PUBLIC HEARING OF THE 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, continued the following Public Hearing Consideration of Code Amendment 08-002, and Amendment to Section 9- 5.103(c) Updating the In -Lieu Affordable Housing Fees (City Council Priority No. 6A) TO BE CONTINUED TO FEBRUARY 17, 2009 (430.45) From the Regular Meeting of December 16, 2008, 5:30 p.m., to the Regular Meeting to be held February 17, 2009 at 5:30 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: Deceyhber 17, 2008 R. Monahan, City Clerk 1 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on December 17, 2008 within 24 hours of adjournment of the above-named meeting. I declare under penalty of perjury that the foregoing is true and correct. /2 ret R. Monahan, City Clerk 1 NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting of the City of San Juan Capistrano City Council will be held on Tuesday, December 16, 2008 at 5:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California. Matgaret R. Monahan, City Clerk December 11, 2008 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) hereby certify that a copy of the Notice of Special Meeting of the San Juan Capistrano City Council, to be held on Tuesday, December 16, 2008 at 5:00 p.m. was mailed and/or sent via fax transmittal, or personally delivered not less than twenty-four hours before the meeting. Mark Nielsen, Mayor Dr. Londres Uso, Mayor pro tem Sam Allevato, Council Member Tom Hribar, Council Member Laura Freese, Council Member The Register Capistrano Valley News Capistrano Dispatch Los Angeles Times I declare under pen ty ryerjury that the foregoing is true and correct. Ma ga R. Monahan, City Clerk Cit v an Juan Capistrano Date: December 11, 2008