99-0202_CC_Minutes_Regular Meeting029
FEBRUARY 2,1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with its
Legal Counsel regarding two matters.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Greiner at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Jim Tracy, Gateway Community Church.
ROLL CALL: PRESENT: John Greiner, Mayor.
Collene Campbell, Mayor pro tem
Wyatt Hart, Council Member
Gil Jones, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative
Services Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public
Works Director; Lt. Bill Leonard, Orange County Sheriffs Department; and Bonnie Sanchez,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -CITY COUNCIL
Mayor Greiner announced there were no actions to report on the Closed Session items.
INTRODUCTIONS AND PRESENTATIONS
1. RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communication:
Report dated February 2, 1999, from the Personnel Manager, advising that Kim Brown,
Colleen Chaplin, George Scarborough and Ray Vaughan had reached 10 years of service;
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Neil Brand and Cheryl Johnson had reached 15 years of services; and, Barbara Sutherland
had reached 25 years of service.
Barbara Sutherland, Neil Brand, Cheryl Johnson, Colleen Chaplin and George Scarborough
were present to accept certificates of appreciation.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Al Simmons,
Seniors Liaison to the City; Bill Hardy, Janet Siegel, Lee Buser and Don Tryon, Cultural
Heritage Commission; Marie Buckner and Joann de Guevara, Housing Advisory Committee;
William Pichler, Planning Commission; and Kathy Holmes, Parks, Recreation and
Equestrian Commission.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS)
1. DONATION TO THE COMMUNITY CENTER (150.1
Lee Buser, 26157 Paseo Marbella, introduced Dolores Meeker, the City's Matriarch, who in
turn presented the City with a $1,000 check for the San Juan Capistrano Community Center
Fund.
2. SCHOOL BOUNDARY MODIFICATIONS/MORATORIUM AND GENERAL
PLAN UPDATE (515.20/440.20)
Eva Crabbs, 31491 Via Santa Maria, expressed her appreciation to the City Council for
placing a building moratorium. Ms. Crabbs noted that there was a School District proposal
to move grades K-5 out of Ambuehl Elementary School to a school in another City. She
stated that this pointed to a crisis in the public schools in this City when there is no room for
the residents' children to attend their neighborhood schools. Ms. Crabbs requested that when
reviewing the General Plan Update the Council Members take into consideration the fact that
there are not enough schools to house the children in town, and no apparent location to
construct additional schools. Ms. Crabbs requested a copy of Senate Bill 50, a State law
which regulates how developers contribute to the development of schools, and impacts local
control.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
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AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of January 5, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JANUARY 14, 1999 (300.30)
The List of Demands dated January 14, 1999, in the total amount of $1,121,991.82 was
ordered received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10
The Report dated February 2, 1999, from the Planning Director, advising that no new
applications had been received since the last Report on January 5, 1999, was ordered
received and filed.
APPROVAL OF LICENSE AGREEMENT EXTENSION - PUMPING STATION
AND PIPELINES, AVENIDA DE LA VISTA(SHIBATA)(600.3Q)
As set forth in the Report dated February 2, 1999, from the Director of Engineering and
Building, the License Agreement Extension with Mr. Hideo Shihata was approved, allowing
the City's continued access, maintenance and operations of a temporary pumping station and
associated pipework on Mr. Shibata's property through December 31, 2000. The Mayor was
authorized to execute the Agreement on the City's behalf.
6. APPROVAL OF TOLLING AGREEMENTS - S.J.D. PARTNERS LTD., S.J.D.
DEVELOPMENT CORPORATION, SUNCAL COMPANIES, A DIVISION OF
CWC INC. AND CWC INC. MEREDITH CANYON 600.30
As set forth in the Report dated February 2, 1999, from the City Attorney, the tolling
agreement between the City and S.J.D. Partners, Ltd., S.J.D. Development Corporation,
SunCal Companies, a division of CWC, Inc., and CWC, Inc., for the purpose of delaying
until January 15, 2001 the time within which these parties may file a legal claim against the
City in connection with the Meredith Canyon land slide condition was approved.
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7. APPROVAL OF REVISED AGREEMENT WITH THE ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM FOR SUPPLEMENTAL BENEFITS
FROM THE ADDITIONAL RETIREMENT BENEFITS ACCOUNT (600.50)
As set forth in the Report dated February 2, 1999, from the Administrative Services Director,
the revised Agreement between the City of San Juan Capistrano, Capistrano Valley Water
District and the Orange County Employees Retirement System for supplemental benefits
from the additional retirement benefits account was approved.
8. ADOPTION OF RESOLUTION ESTABLISHING "TOW AWAY - NO PARKING"
ZONE ON PASEO NOGAL NORTH OF LA ZANJA STREET (570.30)
As set forth in the Report dated February 2, 1999, from the Director of Engineering and
Building, the following Resolution authorizing installation of a "Tow Away - No Parking
8:00 a.m. to 3:00 p.m. Thursdays -Holidays Excepted" zone on Paseo Nogal was adopted:
RESOLUTION NO. 99-2-2-1, ESTABLISHING "TOW AWAY - NO
PARKING" ZONE - PASEO NOGAL - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A "TOW AWAY - NO PARKING 8:00 A.M. TO 3:00
P.M. THURSDAYS -HOLIDAYS EXCEPTED" ZONE ON PASEO NOGAL
The following item was removed from the Consent Calendar at the request of persons in the
audience:
APPROVAL OF SPEED HUMPS ON CALLE SAN REMO BETWEEN VIA
MADONNA AND AVENIDA AVILLA {590.50]
Written Communications:
Report dated February 2, 1999, from the Director of Engineering and Building, advising that
a petition had been received requesting installation of speed humps on Calle San Remo
between Via Madonna and Avenida Avilla, and recommending approval of the request.
Public Comments:
I . Sally Cannon, 28001 Paseo del Marino, stated her support of the installation of speed
humps and requested that the City Council make this project a priority in the 1999-
2000 budget.
2. Kim Herkewitz, 27892 Calle San Remo, stated her support of the installation of
speed humps noting that this was a primary route used by the children going to
Ambuehl school.
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Approval of Speed Hump Installation:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
unanimously carried to approve the installation of speed humps on Calle San Remo between
Via Madonna and Avenida Avilla.
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District and reconvened at 7:37 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONTINUATION OF CONSIDERATION OF TERMINATION OF AGREEMENT
WITH LOVE LIVESTOCK FOR THE LEASE OF CITY OPEN SPACE (600.20)
Citing a potential conflict of interest, Council Member Hart left the Council Chamber.
Written Communications:
Report dated February 2, 1999, from the City Manager, advising that in July of 1996, the City
had entered into an agreement with Love Livestock to allow a horse ranching and cattle
grazing operation on public open space in the southeastern portion of the City. The
Agreement also allowed the conduct of horse training and horsemanship classes as a
secondary use. The term of the agreement was for five years, ending June 30, 2001. The
Agreement had required the City to undertake a three to four year program of spraying to
control wild artichoke; the Love Livestock Company was to have undertaken a similar
program of wild artichoke abatement on a specified I I O -acre portion of the leased premises.
The City received no direct financial compensation for lease of the property; it had been
hoped that grazing would eliminate the City's financial costs for abating fire fuel. The
Report advised that the benefits anticipated had not been realized and for that reason
requested termination of the Lease, without cause, in one year, or on February 2, 2000.
George Scarborough, City Manager, made an oral presentation advising that the City had
spent considerable sums in an effort to abate the thistle, but it had not been fully abated and
for the reason the City had not achieved the expected cost savings.
Public Comments:
I . Kate Roth, 30712 Hunt Club Drive, indicated she did not advocate revocation of the
lease because equestrian space was needed. Ms. Roth stated that the concept of
grazing to control wild thistle and to provide a fire break was admirable; however,
horses and cattle would not eat the artichoke thistle. She expressed concern that Mr.
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Love did not pay lease fees; that the operation met the Municipal Code definition for
a commercial stable, but seemed to be exempt from the City rules and regulations
which were placed on every other equestrian business within the City. Ms. Roth
stated that open grazing is needed and that her intent was not for Mr. Love to lose his
lease but, for him to be properly licensed.
2. Stephen Julian, 27293 Via Capri, spoke on behalf of Mr. Love and voiced opposition
to terminating the lease. He advised that when the property leased to Mr. Love was
acquired the City had specifically envisioned the need for a public/private partnership
to facilitate its management. Mr. Julian indicated that discussions had occurred with
City staff in an effort to gain an understanding of the City's issues; however, Mr.
Love had not been given a list of items to correct. He further indicated that the City
had not let Mr. Love undertake the artichoke abatement called for in the lease. He
stated that the City was to have undertaken a program of abatement and that had not
occurred. He addressed the benefits the City had derived through Mr. Love's
occupation of the property, such as installation and repair of fencing to protect the
land from off-road vehicles, landscaping, picnic and restroom facilities. Mr. Julian
stated that there were no issues with Animal Control at this time. He emphasized
that the City had been asked to inform Mr. Love of any problems and no response
had been received. He further emphasized that Mr. Love had invested a significant
amount of time and money on the property and wished to continue with the lease.
The City Manager clarified that the agreement required the City to undertake a three to four
year program of spraying to control wild artichoke, which had been done at considerable
expense. He advised that although $86,000 had been spent in 1996, $20,000 in 1997, and
$20,000 in 1998, the artichoke had not dissipated, nor would it be eradicated during
remaining 2 '/2 years of the lease. Therefore, grazing would not occur during the term of the
lease. The reason for the lease had been the cost savings that would be recognized through
removal of fire fuel by grazing, which would not now be recognized over the term of the
lease.
Anna Lee Capella, 33741 Calle Miramar, stated that her daughter took riding lessons
at Fred Love's place and requested that the City not terminate the lease.
4. Sherry Little, 34342 Via Fortuna, requested that the City not terminate the lease and
close Mr. Love's stables.
5. Don Walls, 28922 Via Buena Vista, stated that he lived next to the property in
question and supported the grazing program for weed abatement and enjoyed the
cattle grazing on the hills.
Council Comments:
Council Member Swerdlin stated that there were some great concerns and strong issues
needing further discussion and it would behoove the Council to take another look at this
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item. He requested that two Council Members work with the City Manager on this issue.
Council Member Campbell recommended that Council Members Jones and Swerdlin work
with the City Manager to obtain a resolution for this item. She emphasized there were
fairness issues involved and it was important that all aspects were considered.
Mayor Greiner clarified that the property in question had not been purchased with open space
bond money; it had been dedicated to the City through the Glenfed development and there
was no debt borne on the land.
Continuation of Consideration of Termination of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin and
carried with Council Member Hart absent due to a potential conflict of interest, to continue
consideration of the proposed termination of the agreement, and to select Council Members
.tones and Swerdlin to work with the City Manager in an expedited manner toward a
resolution of the issues with fairness to all sides. The City Manager was directed to provide
a status report within three weeks.
RECESS AND RECONVENE
Council recessed at 8:25 p.m. and reconvened at 8:35 p.m.
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF FUNDING AGREEMENT AND APPROPRIATION OF FUNDS -
PASEO MONTE VISTA SEWER FACILITIES (HUIBERTS, HRIBAR, TRACY)
60( 0.30)
Written Communication:
Report dated February 2, 1999, from the Director of Engineering and Building, advising that
the City had received a request for construction of sewer facilities to serve nine homes
located on Paseo Monte Vista which are currently on a septic tank. The design and
construction costs for this project were estimated at $45,000. The proposed Funding
Agreement provided for construction and funding of the project by the City. The three
property owners interested in entering into the Agreement at this time would provide pay
their proportionate share in the amount of $13,431, plus $9,495 in sewer connection fees.
The City would be reimbursed fully upon connection to the sewer by all nine property
A roval of A reement:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried to that the Funding Agreement for construction of sewer facilities on
Paseo Monte Vista be approved; and that the appropriation of funds from the Sewer
Enterprise Fund for project construction costs in the amount of $45,000 be authorized.
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ADMINISTRATIVE SERVICES DIRECTOR
1. APPROVAL OF AN ORDINANCE AMENDING TITLE 3 "PROCUREMENT
PROCEDURES"' AND AMENDMENTS OF COUNCIL POLICY NO. 112
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Written Communications:
Report dated February 2, 1999, from the Director of Administrative Services, advising that
Staff had reviewed the existing procurement practices and policies for the acquisition of
supplies and equipment, and personal services and now recommended an update of the City
policies. Recommendations included requiring that a formal competitive bidding process be
used for items in excess of $10,000 and for personal service contracts over $20,000. The
proposed revisions set criteria whereby the formal bidding process for supplies, equipment
and certain services over $10,000 may be waived; set forth procedures for acquisition of
supplies, equipment and services under $10,000; and, in compliance with State law, required
effort to use recycled products whenever possible.
Cynthia Russell, Administrative Services Director, made an oral presentation summarizing
the key changes to the existing ordinance and policies.
Council Comments:
Council Member Swerdlin felt that the formal bid requirement for personal service contracts
should be instituted at $15,000 rather than $20,000. He also stated that he was
uncomfortable with commodities being obtained from only one vendor and with the lack of
a cap on waivers. Ms. Russell explained that there were certain commodities that could only
be purchased from "sole -source" vendors, and that waivers from the bidding process often
entailed emergency services or sole -source vendors. Ms. Russell indicated that sole -source
vendor contracts would still be awarded by the Council. Purchases of all equipment or
supplies over $10,000 would be ratified by Council.
Approval of Revised Procurement Policies:
The City Clerk read the title of the Ordinance next in order. Further reading of all ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Hart that the following Ordinance be introduced:
AMENDING TITLE 3 OF THE MUNICIPAL CODE - PROCUREMENT
PROCEDURES - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AMENDING CHAPTER 4,
"PROCUREMENT PROCEDURES", OF TITLE 3, "FINANCE", OF THE
MUNICIPAL CODE
The motion carried by the following vote:
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AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Amendments to City Council Policy No. 112 "Personal Services Selection Guidelines," as
modified to require that Personal Services contracts over $15,000 must be formally bid, was
approved. The City Council concurred with the proposed modifications to the
Administrative Policy No. 507 "Purchasing Guidelines."
2. YEAR 2000 EVALUATION - STATUS UPDATE {180.10)
Written Communication:
The Report dated February 2, 1999, from the Director of Administrative Services,
summarizing the necessary steps to be taken to address the Year 2000 computer issues.
With the consensus of Council, Mayor Greiner ordered the Report received and filed.
COMMUNITY SERVICES DIRECTOR
i . APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE 1999
FIESTA DE LAS GOLONDRINAS AND RESOLUTION FOR WAIVER OF FEES
(FIESTA ASSOCIATION)(600.30 390.30)
Written Communication:
Report dated February 2, 1999, from the Community Services Director, advising that the
Staff and the Fiesta Association had developed a proposed Memorandum of Understanding
to clarify the responsibilities accepted by the Fiesta Association in its role as the lead agency
for the preparation of the 1999 Fiesta de las Golondrinas celebration and parade. The Report
also advised that City fees associated with permits required to conduct the various
celebrations had been historically waived.
Al King, Community Services Director, made an oral presentation.
Approval of MOU/Waiver of Fees:
It was moved by Council Member Hart, and seconded by Council Member Jones that the
Memorandum of Understanding recognizing the Fiesta Association as the lead agency for
the 1999 Fiesta de las Golondrinas celebration be approved; and, that the following
Resolution approving the waiver of City permit fees for the 1999 parade, Adios to the
Swallows barbecue and July 4th Celebration be adopted:
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RESOLUTION NO. 99-2-2-2, APPROVING WAIVER OF CITY PERMIT
FEES - SAN JUAN CAPISTRANO FIESTA ASSOCIATION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A
WAIVER OF CITY PERMIT FEES TO THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE
1999 FIESTA DE LAS GOLONDRINAS CELEBRATION, THE
SWALLOWS DAY PARADE, THE ADIOS TO THE SWALLOWS FALL
BARBECUE, AND THE JULY 4TH CELEBRATION
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
PUBLIC WORKS DIRECTOR
APPROVAL OF EXTENSION OF CONTRACT - CITY STREET SWEEPING
SERVICES (SUNSET PROPERTY MANAGEMENT) (600.30
Written Communication:
Report dated February 2, 1999, from the Public Works Director, advising that Sunset
Property Services contract for street sweeping services expired on January 31, 1999, and
recommending a one-year extension of their services.
Amy Amirani, Public Works Director, made an oral presentation, advising that the contract
amount should be corrected to total $68,614.45 for the additional year beginning February 1,
1999 and ending January 31, 2000.
Extension of Contract Services:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried to approve the contract for City-wide street sweeping services with
Sunset Property Services, in the corrected amount of $68,614.45, for the period ending
January 31, 2000, and to appropriate an $2,833.93 to Account 01-62419-4111 to cover the
cost increases through the end of Fiscal Year 98-99.
ORDINANCES - None
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COUNCILMANIC ITEMS
GENERAL PLAN ADVISORY COMMITTEE SELECTION 440.20
Written Communication:
Report dated February 2, 1999, from the Assistant City Manager, advising that the Ad Hoc
Committee would be announcing the selection of the community representatives for the
General Plan Advisory Committee.
Selection of Committee Members:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to select the following public -at -large members for the General Plan
Advisory Committee: Orrie Brown, Robert Simpson, Al Simmons, Matt Gaffney, Ray
Turner, Margie Meyers, Angela Duzich-Rohde, Edward Laurie, Lupe Green, and Andy
Anderson. The following Commission representatives were selected: Janet Siegel, Cultural
Heritage Commission; Marie Buckner, Housing Advisory Committee; Kathy Holmes, Parks,
Recreation and Equestrian Commission; Ed Johnson, Planning Commission; Richard St.
Onge, Transportation Commission; and Timothy Under, Water Advisory Commission.
OFF -AGENDA ITEM
Resolution of Commendation (610.401
Finding for Consideration of Off-Age_n_da Item:
It was moved by Council Member Campbell, seconded by Council Member Hart and unanimously
carried to find that this item was not available prior to publication of the agenda and consideration
necessary at this time.
Approval of Resolution:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin and
unanimously carried to approve the Resolution of Commendation for Bill Woollett upon his
retirement this week from his position as the Chief Executive Officer of the Transportation Corridor
Authority.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern and San Joaquin Hills Transportation Corridors (800.50)
Council Member Campbell advised that maps indicating the status of various
transportation corridors will be available at the next meeting.
b. Orange County Joint Fire Authority (540.80)
Mayor Greiner noted that the Orange County Fire Authority Board will be reviewing
the equity study issue at future meeting. The Authority had requested that each City
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040
review the equity study information and develop a position. Mayor Greiner asked
that this item be agendized for a future meeting.
C. Libraa Advisory Board (950.20)
Mayor Greiner advised that he had been selected as Chairman of the Library
Advisory Board.
d. Joint Powers Insurance Authority 170.30
Council Member Swerdlin noted that the first meeting had been held in the new
facility.
COUNCIL COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:00 p.m., to the
next meeting date of Tuesday, February 9, 1999, at 6:00 p.m. in the City Council Chambers for a
joint meeting with the Planning Commission to discuss the El Parador Hotel project.
Respectfully submitted,
ATTEST:
JOHN GREINER, MAYOR
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NOTICE OF ADJOURNMENT OF MEETING 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, at its Regular meeting of February 2, 1999, adjourned said meeting to
Tuesday, February 9, 1999, at 6:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San
Juan Capistrano.
DATED: February 3, 1999
Cheryl Johnson
ity Jerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
} SS AFFIDAVIT OF POSTING
}
I, CHERYL JOHNSON, 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
February 3, 1999.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johnson ity Jerk
San Juan Capistrano, California