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1998-1119_SJD PARTNERS, LTD._Tolling Agreements1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 is iU SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE In the Matter of S.J.D. PARTNERS, LTD.; S.J.D. DEVELOPMENT CORPORATION, a California corporation; SUNCAL' COMPANIES, a Division of CWC, INC.; and CWC, INC., a California corporation VS. CITY OF SAN JUAN CAPISTRANO 1010 Do [ilS�tZ Iii] STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter "CITY") on the one hand, and S.J.D. PARTNERS, LTD.; S.J.D. DEVELOPMENT CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, INC.; and CWC, INC., a California corporation (hereinafter "CLAIMANTS") on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following.,recitals of fact and objective: a. 7n or about May 21, 1998, a catastrophic failure of a landslide occurred on property owned by CITY and others � R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. b. On or about July 15, 1998, certain property owners filed suit in Orange County Superior Court, Case Number 796957, and on or about November 3, 1998, the property owners filed their First Amended Complaint against certain parties, including CLAIMANTS, on issues relevant to the landslide. C. Neither the property owners nor CLAIMANTS have filed claims against governmental agencies related to the landslide. Each of the CLAIMANTS have until January 15, 1999 to file their respective "Claim For Damages" (hereinafter "CLAIM") with the CITY. If the CLAIMS are rejected, then each of the CLAIMANTS would have six months from the date of said rejection to file a court action on the CLAIM. d. The matters at issue with respect to the CLAIM are currently in litigation filed against CLAIMANTS and others, in an action currently pending before the Orange County Superior Court, bearing Case Number 7965957 (hereinafter "LITIGATION"). e. The LITIGATION may determine certain material issues affecting the CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. f. To allow more time for determination of the LITIGATION, the CITY and the CLAIMANTS (hereinafter collectively "PARTIES") agree that the limitation period established by the California Tort Claims Act, will be tolled and extended on the basis set forth in this Stipulation and Agreement. g. The PARTIES agree that the CLAIMANTS, and each of them, are relying on this Stipulation and Agreement in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • withholding a court action or suit on the CLAIM until July 15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them, are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 2. The PARTIES stipulate and agree that any and all time periods in which the CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act" (Government Code §§ 810-996.6), and in particular pursuant to Government Code SS 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and including July 15, 1998 to midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not part of the time limited under the California Tort Claims Act for commencing a court action or suit on the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to present a CLAIM in accordance with the California Tort Claims Act. 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must commence a court action or suit on the CLAIM or any cause of action described by the CLAIM, including without limitation the time prescribed by a Rejection Letter, by Government Code S 913, and/or by Government Code S 945.6, is and are extended to and including July 15, 2001. 4. The PARTIES further stipulate and agree that each stipulation and agreement contained herein is independent of the others, and if any such stipulation or agreement is later found 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain in full force and effect. 5. This Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one (1) document, and all of which together shall be one (1) and the same Agreement. Dated: 2/2/99 CITY OF SAN JUAN CAPISTRANO By: J Dated: (1 /206/q ( SUNCAL COMPANIES, a Division of CWC, INC. By: Printed Name: &uc'a E�iGt1" Title: Sec e4oz= Dated: ('0l 'q !/ CWC, INC. By: Printed Name: &Ce Title: Sec. ffL� H 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Dated: �0% ll S.J.D. PARTNERS, LTD. By: _ Printed Name: j3g"'ice, Title: 9CLV"}. Dated: /2� S.J.D. DEVELOPMENT CORPORATION By: Printed Name: Sa Uc - Title: P� Pf;al�t APPROVED AS TO FORM: Dated: JOHN SHAW, San Juan Capistrano City Attorney By:4&W— hn Shaw an Juan Capistrano, City Attorney Dated: 1 7/f Q BALESTRERI, PENDLETON & POTOCKI By: 1h''. Thomas A. Balestreri, Jr. Attorneys for Defendants/Cross- Defendants S.J.D. PARTNERS, LTD.; S.J.D. DEVELOPMENT CORPORATION, SUNCAL COMPANIES, a Division of CWC, INC.; and CWC, INC. 5 BALESTRERI, PENDLETON & POTOCKI A LAW CORPORATION THOMAS A. BALESTRERI, JR. MARY B. PENDLETON JOSEPH P. POTOCKI MICHAEL M. FREELAND SUSAN L. SPARKS ANDRA M. DEROIAN MAURINE P. BRAND ERIC J. MIERSMA Ms. Connie M. Day Legal Assistant CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 3033 FIFTH AVENUE SUITE 400 SAN DIEGO, CALIFORNIA 92103-5828 TELEPHONE (619) 686-1930 FACSIMILE (619) 497-1052 email: bpp@abac.com July 1, 1999 J J L - 2 1999 RIVERSIDE COUNTY OFFICE 41877 ENTERPRISE CIRCLE NORTH SUITE H TEMECULA, CALIFORNIA 92690 Re: MEREDITH CANYON SLOPE FAILURE Our Client: S.J.D. Partners, Ltd., et al. Your Ref: Tolling Agreement -Meredith Canyon Our File Ref: 698-149 Dear Ms. Day: TELEPHONE 19091896-0091 We have received from our clients the executed "Stipulation and Agreement Tolling and Extending Time to Commence Litigation" in the above -referenced matter, and I enclose a copy herewith for your file. Should you need anything further, do not hesitate to contact Mr. Balestreri. Very truly yours, �4 . Lvz�— LAURIE J. ON Secretary to OMAS A. BALESTRERI, JR. /ljd Enclosure AGENDA ITEM February 2, 1999 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Consideration 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) Move to approve 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 the time within which these parties may file a legal claim against the City in connection with the recent Meredith Canyon slide condition. BACKGROUND: On October 23, 1998, the City Council approved a tolling agreement between the City and certain parties in regard to the Gordon Cammell v. S.J.D. Partners litigation. The litigation was filed by certain homeowners in the area of the Meredith Canyon landslide against the developer, S.J.D. Partners Ltd. The City of San Juan Capistrano has not been brought into that litigation at this point in time. The tolling agreement deferred the legal deadline for filing of a claim against the City for a three-year period, or until January 15, 2001. S.J.D. Partners Ltd., S.J.D. Development Corporation, Suncal Companies, a division of CWC, Inc., and CWC, Inc. have requested a similar tolling agreement. These parties are developers involved in the litigation. Since the City has made this accommodation to the private lot owners, it is also appropriate that the City extend the same tolling arrangement to the developers involved in this litigation. The City benefits by not being named in the landslide litigation at this point in time. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FOR CIN COUNCIL AGE t' OL MEMORANDUM TO: Connie Day FROM: Cheryl Johnson DATE: February 3, 1999 SUBJECT: Tolling Agreement - SJD Partners Attached is the original Tolling Agreement with SJD Partners approved by the City Council on 2/2/99 and signed by the Mayor. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16I 17 18 19 20 21 22 23 24 25 26 27 28 0 In the Matter of JOHN JAY CURTIS vs. • BEFORE THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter called "CITY"), on the one hand, and JOHN JAY CURTIS, (hereinafter called "CLAIMANT") on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following recitals of fact and objective: A. On or about May 21, 1998, a landslide occurred on property owned by CITY, by CLAIMANT, and others located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. B. On or about July 15, 1998, a lawsuit was filed in Orange County Superior Court Case Number 796957 between certain parties, not including CITY, on issues relevant to the landslide and damages of CLAIMANT. C. CLAIMANT has not filed a claim against governmental agencies. CLAIMANT had until November 20, 1998 to file a "Claim for Damages" (hereinafter called "CLAIM") with the CITY. a.. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 0 0 4. The PARTIES further stipulate and agree that each stipulation and agreement contained herein is independent of the others, and if any such stipulation or agreement is later found to be illegal, unenforceable or void, for any reason, the other stipulations and agreements shall remain in full force and effect. 5. This Stipulation and Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one (1) document, and all of which together shall be one (1) and the same Agreement. DATED: January 19, 1999 CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: By: John R. ShJW70ty Attorney M Greiner, AGENDA ITEM January 19, 1999 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Consideration of Tolling Agreements -- Quinn, Curtis (Meredith Canyon) RECOMMENDATION: Move to approve tolling agreements between the City, Linda Quinn and John Jay Curtis for the purpose of delaying the time within which these property owners may file a legal claim against the City in connection with the recent Meredith Canyon slide condition. BACKGROUND: On October 23, 1998, the City Council approved a tolling agreement between the City and certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was filed by certain homeowners in the area of the Meredith Canyon landslide against the developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that litigation at this point in time. The tolling agreement deferred the legal deadline for filing of a claim against the City for a three-year period, or until January 15, 2001. Linda Quinn and John Jay Curtis are homeowners in the area of the landslide. They have approached this office and requested a similar tolling agreement for their properties. Since the City has made this accommodation to other parties, I recommend we do so here. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. FOR CITY COUNCIL AGENDA 1- J,(V Agenda Item ALTERNATE ACTIONS: -2- January 19, 1999 1. Do not approve the tolling agreement. 2. Direct staff to provide additional information. RECOMMENDATION: Move to approve the tolling agreements and authorize the Mayor to execute same. Respectfully submitted, JO R. SHAW Ci Attorney Attachment: Tolling Agreements W alvp. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28 0 0 BEFORE THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO In the Matter of LINDA QUINN vs. CITY OF SAN JUAN CAPISTRANO STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter called "CITY"), on the one hand, and LINDA QUINN, (hereinafter called "CLAIMANT") on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following recitals of fact and objective: A. On or about May 21, 1998, a landslide occurred on property owned by CIN, by CLAIMANT, and others located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. B. On or about July 15, 1998, a lawsuit was filed in Orange County Superior Court Case Number 796957 between certain parties, not including CITY, on issues relevant to the landslide and damages of CLAIMANT. C. CLAIMANT has not filed a claim against governmental agencies. CLAIMANT had until November 20, 1998 to file a "Claim for Damages" (hereinafter called "CLAIM") with the CITY. *W 10111K 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 D. The matters at issue with respect to the CLAIM are currently in litigation pending before the Orange County Superior Court bearing Case Number 796957 (hereinafter called "LITIGATION"). E. The LITIGATION may determine certain material issues affecting the CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. F. To allow more time for determination of the LITIGATION, the CITY and the CLAIMANT (hereinafter called 'PARTIES" collectively) agree that the limitation period established by the California Tort Claims Act will be tolled and extended on the basis set forth in this Stipulation and Agreement. G. The PARTIES agree that the CLAIMANT, and each of them, are relying on this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANT, and each of them, are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 2. The PARTIES stipulate and agree that any and all time periods in which the CLAIMANT must act or may perform any act pursuant to the "California Tort Claims Act' (Government Code Sections 810-996.6), and in particular pursuant to Government Code Sections 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not part of the time limited under the California Tort Claims Act for commencing a court action or suit on the CLAIM or on any cause of action against the CITY for which the CLAIMANT are required to present a CLAIM in accordance with the California Tort Claims Act. 3. The PARTIES stipulate and agree that the time in which the CLAIMANT must commence a court action or suit on the CLAIM or any cause of action described by the CLAIM, including without limitation the time prescribed by a Rejection Letter, by Government Code Section 913, and/or by Government Code Section 945.6, is and are extended to and including .'W -* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 July 15, 2001. 4. The PARTIES further stipulate and agree that each stipulation and agreement contained herein is independent of the others, and if any such stipulation or agreement is later found to be illegal, unenforceable or void, for any reason, the other stipulations and agreements shall remain in full force and effect. 5. This Stipulation and Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one (1) document, and all of which together shall be one (1) and the same Agreement. DATED: January 19, 1999 CITY OF,SAN JUAN CAPISTRANO APPROVED AS TO FORM: By: John R.Yhaw, City Attorney z Greiner, DNUA QUINN rEER QF OCA <;)(j iu I-) 0 7. I easement within Lot 13 of Tract 13846 and approving the quitclaim of the existing recreational trail easement in order to reflect the "as -built" circumstances: RESOLUTION NO. 99-1-19-2, APPROVING EXCHANGE OF RECREATIONAL TRAIL EASEMENTS - LOT 13. TRACT 13846 (BRAKKE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EXCHANGE OF RECREATIONAL TRAIL EASEMENTS WITHIN LOT TRACT 13846 - 30729 PASEO ELEGANCIA (JAMES AND GLENYS The City Cler"as directed to forward the Easement and Quitclaim Deeds to the Orange County Recorder\ 1L 50 0.101 As set forth in the Report Building, the City's particii South East Regional Reclat at a cost of S 1,267. January 19, 1999, from the Director of Engineering and in the Orange County Water Plan, under the auspices of the Authority, was approved, with the City's portion allocated As set forth in the Report dated January 19,1999, from the City Manager, the following Resolution opposing interim air cargo lights at the Marine Corps Air Station, El Toro, was adopted: OPERATIONS - A RESOLUTION OF THE CN CITY OF SAN JUAN INTERIM AIR CARGO STATION, EL TORO CAPISTRANO, CALI OPERATIONS AT THE COUNCIL OF THE RNIA, OPPOSING BRINE CORPS AIR AND SANDRA R. HOYAL FOR DAMAGES (170.101 As set forth in the Report dated January 19, 1999, from the City Attorney, th Claim of Margaret J. Rozbicka, Raymond G. Hoyal and Sandra R. Hoyal for property amage allegedly sustained from a November 19, 1997 landslide, was denied. 9. APPROVAL OF TOLLING AGREEMENTS - QUINN, CURTIS (MEREDITH CANYON) (600.301 T As set forth in the report dated Jancary 19, 1999, from the City Attorney, the tolling agreement between the City, Linda Quinn and John Jay Curtis for the purpose of delaying City Council Minutes -4- 1/19/99 0 0 until January 15, 2001 the time within which these property owners may file a legal claim against the City in connection with the Meredith Canyon landslide was approved. 10. A REPORT OF INVESTMENTS - QUARTER ENDING DECEMBER 31, 1998 City Treasurer's Report of Investments for the quarter ending December 31, 1998, in the \amount of $20,249,971.98, was ordered received and filed. The following 1(em was removed from the Consent Calendar for the benefit of persons in the audience. (2) (3) (4) Report dated Jiquary 19, 1999, from the Engineering and Building Director, advising a petition requess g the speed humps had been received and recommending their installation. A. Letter dated January 13 1999, from Bill Rainwater, 27031 Calle Esperanza, opposing installation of the spee4umps. Letter dated January 13, 19�9, from Gordon W. Cammell, opposing installation of the speed humps. Letter received January 15, 1999 from opposing installation of the speed hil�nps. Betty Finigan, 26951 Calle Esperanza, (5) Memorandum dated January 18, 1999, iiom the City Clerk, advising that post cards of support had been received from 26 residents. Public Input: (1) Rosemary Theders, 26352 Calle Canto, spoke iA opposition to the proposed speed humps. (2) Peter Lawrence, 33752 Via de Agua, stated that the proposed speed humps were supported by 100% of the adjacent residents. He adVjsed that Lt. Leonard was working with the courts to allowing ticketing on Via de A\gua at less than 10 miles per hour over the speed limit. (3) Robert Brown, 33575 Via de Agua, spoke in opposition to 1�e proposed speed humps, stating that 100% of the adjacent residents consisted of oly 4 houses. (4) Larry Gallery, 33912 Via de Agua, advised he represented 9 adjacent p perty owners and spoke in support of the proposed installation due to concerns for sa ety relating to speed, curves on the street, lack of a sidewalk, and a 7% slope. x City Council Minutes -5- 1/1 AGENDA ITEM January 19, 1999 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Consideration of Tolling Agreements -- Quinn, Curtis (Meredith Canyon) RECOMMENDATION: Move to approve tolling agreements between the City, Linda Quinn and John Jay Curtis for the purpose of delaying the time within which these property owners may file a legal claim against the City in connection with the recent Meredith Canyon slide condition. BA KGROUND• On October 23, 1998, the City Council approved a tolling agreement between the City and certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was filed by certain homeowners in the area of the Meredith Canyon landslide against the developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that litigation at this point in time. The tolling agreement deferred the legal deadline for filing of a claim against the City for a three-year period, or until January 15, 2001. Linda Quinn and John Jay Curtis are homeowners in the area of the landslide. They have approached this office and requested a similar tolling agreement for their properties. Since the City has made this accommodation to other parties, I recommend we do so here. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. FOR CITY COUNCIL AGENQ!` J /(0 f: Agenda Item -2- January 19, 1999 ALTERNATE ACTIONS: 1. Do not approve the tolling agreement. 2. Direct staff to provide additional information. RECOMMENDATION: Move to approve the tolling agreements and authorize the Mayor to execute same. Respectfully submitted, JO R SHAW Ci Attorney Attachment: Tolling Agreements N 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 In the Matter of • BEFORE THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURK; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE, and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, vs. CITY OF SAN JUAN CAPISTRANO H:\NO MPLEAMTOLLING.AGR STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 E This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees ofthe CAMMELL FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON, DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURK; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, (hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following recitals of fact and objective: A. On or about May 21, 1998 a landslide occurred on property owned by CITY, by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. B. On or about July 15, 1998 CLAEgANTS filed suit in Orange County Superior Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide and damages of CLAIMANTS. C. CLAIMANTS have not filed claims against governmental agencies. Each of the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages" (hereinafter called "CLAIM') with the CITY. If the CLAIMS are rejected, then each of the CLAIMANTS would have six months from the date of said rejection to file a court action on the 11:\98012\PLEAMTOLLING.AGR 2 E 171 1 CLAIM. 2 D. The matters at issue with respect to the CLAIM are currently in litigation 3 between the CLAIMANTS, as Plaintiffs, and SJD PARTNERS LTD.; SID DEVELOPMENT 4 CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.; 5 PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC, 6 INC., a California corporation; SEMNA CORPORATION, a California corporation, ZEISER 7 KLING CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a 8 Califomia corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1- 9 500, as Defendants in an action currently pending before the Orange County Superior Court bearing 10 Case Number 796957 (hereinafter called "LITIGATION"). 11 E. The LITIGATION may determine certain material issues affecting the 12 CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. 13 F. To allow more time for determination of the LITIGATION, the CITY and the 14 CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period established 15 by the California Tort Claims Act, will be tolled and extended on the basis set forth ;n this Stipulation 16 and Agreement. 17 G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on 18 this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001; 19 and notwithstanding the foregoing, the CITY fiuther agrees that the CLAIMANTS, and each of them, 20 are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 21 2. The PARTIES stipulate and agree that any and all time periods in which the 22 CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act" 23 (Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2, 24 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to 25 midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the 26 foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not 27 part of the time limited under the California Tort Claims Act for commencing a court action or suit on 28 the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to HA98012TLEAMTOLLING.AGR 3 0 0 I present a CLAIM in accordance with the California Tort Claims Act. 2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must 3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM, 4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913, 5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001. 6 4. The PARTIES further stipulate and agree that each stipulation and agreement 7 contained herein is independent of the others, and if any such stipulation or agreement is later found 8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain 9 in full force and effect. 10 5. This Agreement may be executed in counterparts with the same effect as if all original 11 signatures were placed on one (1) document, and all of which together shall be one (1) and the same 12 Agreement. 13 14 Dated: CITY OF SAAI�AI O 15 16 B Gi o 17 ne ayor 18 APPROVED AS TO FORM: 19 20 Dated: I l L 4g JOHN SHAW, San Juan Capistrano, City Attorney 21 22 23 By. John Ahaw 24 San Van Capistrano, City Attorney 25 Dated: GORDON WALLACE CAMMELL 26 27 28 By Gordon Wallace Cammell HA98012\PLEAD\T0LLING.AGR 4 1 Dated: KATHLEEN FAY CAMMELL 2 3 By: Kathleen Fay CanHnell 4 5 Dated: RICHARD DANSON 6 7 By: 8 Richard Danson 9 10 Dated: ELAINE T. DANSON 11 12 By: Elaine T. Danson 13 14 Dated: DAVID D. DeHASS 15 16 By:_ 17 David D. DeHass 18 19 Dated: MARIA DeHASS 20 21 By: Maria D. DeHass 22 23 Dated: STEPHEN J. HANTEN 24 25 By: 26 Stephen J. Hanten 27 28 HA98012\PLEAD\TOLLING.AGR 5 0 0 1 Dated: LAURIE HANTEN 2 3 By: Laurie Hanten 4 5 Dated: MICHAEL L. HEINZ 6 7 By: 8 Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: Diane C. Heinz 13 14 Dated: RAHIM KARJOO 15 16 By:_ 17 Rahim KARJOO 18 19 Dated: LISA WENLIN KUO 20 21 By: Lisa Wenlin Kuo 22 23 Dated: KUAN CHU KUO 24 25 By: 26 Kuan Chu Kuo 27 28 M\98012TLEAMTOLLING.AGR 6 0 0 1 Dated: FANG -LAN WANG KUO 2 3 By: Fang -Lan Wang Kuo 4 5 Dated: JAMES O. LEE 6 7 By: 8 James O. Lee 9 10 Dated: MARIAN L. LEE 11 12 By: Marian L. Lee 13 14 Dated: ROBERT J. MIKOLAJCZAK 15 16 By:_ 17 Robert J. Mikolajczak 18 19 Dated: CATHERINE L. MIKOLAJCZAK 20 21 By: Catherine L. Mikolajczak 22 23 Dated: RONALD B. MURR 24 25 By: 26 Ronald B. Muff 27 28 M\99012TUADUOU.ING.AGR 7 • 0 1 Dated: JANET MURR 2 3 By: Janet Murr 4 5 Dated: PAUL R. PRINCE 6 7 By: 8 Paul R. Prince 9 10 Dated: MYRNA M. PRINCE 11 12 By: Myrna M. Prince 13 14 Dated: STEVEN W. ROSEN 15 16 By: 17 Steven W. Rosen 18 19 Dated: BRETTON E. TROWBRIDGE 20 21 By: Bretton E. Trowbridge 22 23 Dated: REBECCA TROWBRIDGE 24 25 By: 26 Rebecca Trowbridge 27 28 Hd98012TLEADUOLLn4G.AGR 8 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a �i : Y•IY:I�[yY11YKili1�[iLi_i CITY OF SAN JUAN CAPISTRANO In the Matter of GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RABIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MII{OLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURK; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, vs. CITY OF SAN JUAN CAPISTRANO H: \98012\PLEAD\TOLLING. AGR STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST, CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KLAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE FAMILY TRUST, LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, (hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following recitals of fact and objective: A. On or about May 21, 1998 a landslide occurred on property owned by CITY, by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. B. On or about July 15, 1998 CLAIMANTS filed suit in Orange County Superior Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide and damages of CLAIMANTS. C. CLAIMANT'S have not filed claims against governmental agencies. Each of the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages" (hereinafter called "CLAIM") with the CITY. If the CLAIMS are rejected, then each of the CLAIMANTS would have six months from the date of said rejection to file a court action on the HA98012TLEAMTOLLING.AGR 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM, 0 0 D. The matters at issue with respect to the CLAIM are currently in litigation between the CLAIMANTS, as Plaintiffs, and SJD PARTNERS LTD.; SJD DEVELOPMENT CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.; PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC, INC., a California corporation; SEMNA CORPORATION, a California corporation; ZEISER KLING CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a California corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1-500, as Defendants in an action currently pending before the Orange County Superior Court bearing Case Number 796957 (hereinafter called "LITIGATION'). E. The LITIGATION may determine certain material issues affecting the CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. F. To allow more time for determination of the LITIGATION, the CITY and the CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period established by the California Tort Claims Act, will be tolled and extended on the basis set forth in this Stipulation and Agreement. G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them, are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 2. The PARTIES stipulate and agree that any and all time periods in which the CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act" (Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not part of the time limited under the California Tort Claims Act for commencing a court action or suit on the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to HA98012TLEAMTOLLING.AGR 3 I present a CLAIM in accordance with the California Tort Claims Act. 2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must 3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM, 4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913, 5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001. 6 4. The PARTIES further stipulate and agree that each stipulation and agreement 7 contained herein is independent of the others, and if any such stipulation or agreement is later found 8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain 9 in full force and effect. 10 5. This Agreement may be executed in counterparts with the same effect as if all original I I signatures were placed on one (1) document, and all of which together shall be one (1) and the same 12 Agreement. 13 14 Dated: CITY OF SAN IS O 15 i 16 y: Gi nes, ayor 17 18 APPROVED AS TO FORM: 19 20 Dated: It��L��IrO JOHN SHAW, San Juan Capistrano, City Attorney 21 22 By: 23 Joq Shaw San Juan Capistrano, City Attorney 24 25 26 Dated: GORDON WALLACE CAMMELL 27 r- By,et1S.; 28 Gordon Wallace Cammell 1 Dated: `- KATHLEEN FAY CAMMELL 2 Kathleen Fay Cammell 4 5 Dated: RICHARD DANSON 6 7 By: 8 Richard Danson 9 10 Dated: ELAINE T. DANSON 11 12 By: Elaine T. Danson 13 14 Dated: DAVID D. DeHASS 15 16 By 17 David D. DeHass 18 19 Dated: MARIA DeHASS 20 21 By: Maria D. DeHass 22 23 Dated: STEPHEN J. HANTEN 24 25 By: 26 Stephen J. Hanten 27 28 1 Dated: KATHLEEN FAY CAMMELL 2 3 By: Kathleen Fay Cannell 4 5 �O Dated: �/`r RICHARD DANSON 6 7 By_ 8 Richard Danson 9 � c, 10 Dated: eel`G / ELAINE T. DANSON 11 12 By: Laine T. Danson 13 14 Dated: DAVID D. DeHASS 15 16 By: 17 David D. DeHass 18 19 Dated: MARIA DeHASS 20 21 By._ Maria D. DeHass 22 23 Dated: STEPHEN J. HANTEN 24 25 By: 26 Stephen J. Hanten 27 28 1 Dated: KATHLEEN FAY CAMMELL 2 3 By Kathleen Fay Cammell 4 5 Dated: RICHARD DANSON 6 7 By. 8 Richard Danson 9 10 Dated: ELAINE T. DANSON 11 12 By; Elaine T. Danson 13 14 Dated: �� �( DAVID D. DeHASS 15 16 % By: , 17 Dav(d D. De ass 18 19 Dated: - �l ` MARIA DeHASS 20 21 1/4 By: /k-ktt6- Maria D. DeHass 22 23 Dated: STEPHEN J. HANTEN 24 25 By: 26 Stephen J. Hanten 27 28 I Dated: KATHLEEN FAY CAMMELL 2 3 By: Kathleen Fay Cammell 4 5 Dated: RICHARD DANSON 6 7 By: 8 Richard Danson 9 10 Dated: ELAINE T. DANSON 11 12 By: Elaine T. Danson 13 14 Dated: DAVID D. DeHASS 15 16 By: 17 David D. DeHass 18 19 Dated: MARIA DeHASS 20 21 By: Maria D. DeHass 22 23 Dated:J:52-tkyq STEPHEN J. HANTEN 24 25 By: 26 S e 27 28 Dated: LAURIE HANTEN 2 4` -" -k 3 By: ..._. Laurie Hanten 4 5 Dated: MICHAEL L. HEINZ 6 7 By: 8 Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: Diane C. Heinz 13 14 Dated: RAHI I KARJOO 15 16 By: 17 Rahim KARJOO 18 19 Dated: LISA WENLIN KUO 20 21 By: Lisa Wenlin Kuo 22 23 Dated: KUAN CHU KUO 24 25 By: 26 Kuan Chu Kuo 27 28 0— I Dated: LAURIE HANTEN 2 3 By: Laurie Hanten 4 5 Dated: %' MICHAEL L. HEINZ 6 7 By: 8 Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: i C. He 13 14 Dated: RAHIM KARJOO 15 16 By:_ 17 Rahim KARJOO 18 19 Dared: LISA WENLIN KUO 20 21 By: Lisa Wenlin Kuo 22 23 Dated: KU.AN CHU KUO 24 25 By: 26 Kuan Chu Kuo 27 28 8-21-1995 4:40AM FROM 08/08/99 14:58 FAX 949+833+5 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16- 17 13 19 20 21 22 23 24 25 26 27 28 Dated: _ Dated: Dated: O `I H:)9Wl2lPLFA \TOLLII7GAQR Kasdau Simonds • LAURIE HANT T By. Laune en MICHAEL L. HEIVZ By: Mchacl L franz DIANE C. )HEINZ BY= C. Hdo�: WJ uul LISA WEKLIN KUO By: Lisa Wenlin Kuo KUALA CHU XU0 By: Kuo 1 Dated: LAURIE HANTEN 2 3 By: Laurie Hanten 4 5 Dated: MICHAEL L. HEINZ 6 7 By: 8 Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: Diane C. Heinz 13 14 Dated: RAHIM KARJOO 15 16 By:_ 17 Rahim KARJOO 18 19 Dated: LISA W—E—N�LIN KUO 2 W ^S �—= =j 211 By: Il Lisa Wenlm Kuo 22 23 Dated: KUAN CHU KUO 24 25 By: 26 Kuan Chu Kuo 27 28 L ..nnamm V. r.e Ml I T r l C, erA 6 I Dated: LAURIE HAN'TEN 2 3 By. Laurie Hanten 4 5 Dated: MICHAEL L. HEINZ 6 7 8 By. Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: Diane C. Heinz 13 14 Dated: RAHIM KARJOO 15 16 By: 17 Rahim KARJOO 18 19 Dated: LISA WENLIN KUO 20 21 By: Lisa Wenlin Kuo 22 23 24 Dated: `��� KUAN CHU KUO 25 By: 26 Kuan Chu Kuo 27 28 O.\ORnlll PI FATS\TI\I I M(. Af.R 6 I Dated: FANG-LAN WANG KUO 2 3 By:�" GfO F -Lan Wang Kuo 1 4 5 Dated: JAMES O. LEE 6 7 By: 8 James O. Lee 9 10 Dated: MARIAN L. LEE 11 12 By: Marian L. Lee 13 14 Dated: ROBERT J. MIKOLAJCZAK 15 16 By: 17 Robert J. Mikolajczak 18 19 Dated: CATHERINE L. MIKOLAJCZAK 20 21 By: Catherine L. Mikolajczak 22 23 Dated: RONALD B. MURR 24 25 By: 26 Ronald B. Murr 27 28 - -_-------..._.__ 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Dated: Dated: LL Dated: Dated: Dated: Dated: 0 - FANG -LAN WANG KUO By: Fang -Lan Wang Kuo JAMES O. LEL By: _ --- James 0. Lee i MARIAN L. LEE By: I /Y Marian L. Lee ROBERT J. MIKOLAJCZAK By: Robert J. Mikolajczak CATHERINE L. MIKOLAJCZAK By: Catherine L. Mikolajczak By: Ronald B. Murr JUN -28-99 MON 02=40 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 a Dated: Dated: Dated: Dated. Dated: Dated: _ 949+833+9455 FANG -LAN WANG KUO By: Fang -Lan Wang Kuo JAMES O. LEE By: James O. Lee MARIAN L. LEE By: Marian L. Lee ROBERT J. MJKOLAJCZAK By. Robert . ko Jcza CATIERDTE L. MEOLAJCZr , By. 0 P%� -Catherine L. Mikolalczak RONALD B. MURR By: Ronald B. Murr P.06 r 0^ IM 1 Dated: FANG -LAN WANG KUO 2 3 By: Fang -Lan Wang Kuo 4 5 Dated: JAMES 0. LEE 6 7 Bv: 8 James 0. Lee 9 10 Dated: MARIAN L. LEE 11 12 By: Marian L. Lee 13 14 Dated: ROBERT J. MIKOLAJCZAK 15 16 By: 17 Robert J. Mikolajczak 18 19 Dated: CATHERINE L. MIKOLAJCZAK 20 21 By: Catherine L. Mikolajczak 22 23 _ Dated: �' �� fl RONALD B. MURR 24 25 By: 26 Ronald B. Murr 27 28 �� 1 2 3 4 S 6 7 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 2$ Dated: Dated: Dated: Dated: Dated: Dated: Fl\►1�Y1�1:7 By: Jane ri vl. PAUL R. PRINCE By: Paul R. Prince MYRNA M. PRINCE By: Myrna M. Prince, STEVEN W. ROSEN By: Steven W. Rosen BRETTON E. TROWBRIDGE By: Bretton E. Trowbridge REBECCA TROWBRIDGE By: Rebecca Trowbridge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Dated: Dated: Dated: Dated: Dated: JANET MURR By: Janet Murr PAUL R. PRINCE By: Paui R. Prince MYRNA M. PRINCE By: Myrna M. Prince STEVEN W.ROSEN By: Steven W. Rosen BRETTON E. TROWBRIDGE I REBECCA TROWBRIDGE By. Rebecca owbri., e 3 4 6 7 10 lI L2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E Dated:..... Dated: / gf APPROVED AS TO FORM: Dated: 0 YASUYUKI YAMAGUCHI By:su �y , 1KUYO YAMAGUCHI KASDAN, SIMONDS, McINTYRE, EPSTEIN & MARTIN By: Kenn . eth S. Kasdan Attorneys for Claimants, GORDON WALLACE CAMMEL.L and KATHLEEN FAY CAMbAELLL, Individually and as Co -Trustees of the CAMMEL.L FAMILY TRUST; CANDAELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAI -UM KARJOO; LISA W ENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co - Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE, and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, 2 rd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Dated: YASUYUKI YAMAGUCHI By: Yasuyuki Yamaguchi Dated: IKUYO YAMAGUCHI By:_ Ikuyo Yamaguchi APPROVED AS TO FORM: Dated: KASDAN, SIMONDS, McINTYRE, EPSTEIN & MARTIN H: \98012TLEAMTOLLING. AGR By:`'� Kenneth S. Kasdan Attorneys for Claimants, GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KLAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co - Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MII{OLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST, ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO In the Matter of GORDON WALLACE CAMMELL and KATHLEEN FAY CAMMELL, Individually and as Co -Trustees of the CAMMELL FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES 0. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET MURK; PAUL R- PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, vs. CITY OF SAN JUAN CAPISTRANO H:\98012\PLEAD\T0LL@]G.AGR STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME TO COMMENCE LITIGATION 0 I This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO 2 (hereinafter called "CITY"), on the one hand, and GORDON WALLACE CAMMELL and 3 KATHLEEN FAY CAMMELL, Individually and as Co -Trustees ofthe CAMMELL FAMILY TRUST; 4 CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. DANSON; DAVID D. DeHAAS 5 and MARIA D. DeHAAS; STEPHEN J. HANTEN and LAURIE HANTEN; MICHAEL L. HEINZ and 6 DIANE C. HEINZ; RAHIM KARJOO; LISA WENLIN KUO, KUAN CHU KUO and FANG -LAN 7 WANG KUO; JAMES O. LEE and MARIAN L. LEE, Individually and as Co -Trustees of the LEE 8 FAMILY TRUST; LEE FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. 9 MIKOLAJCZAK, Individually and as Co -Trustees of the ROBERT J. MIKOLAJCZAK and 10 CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. MIKOLAJCZAK and 11 CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; RONALD B. MURR and JANET 12 MURR; PAUL R. PRINCE and MYRNA M. PRINCE; STEVEN W. ROSEN, Individually and as 13 General Partner of J W and S LTD., A California Limited Partnership; BRETTON E. TROWBRIDGE 14 and REBECCA TROWBRIDGE, and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, 15 (hereinafter called "CLAIMANTS"), on the other hand, who stipulate and agree as follows: 16 1. This Stipulation and Agreement is made with reference to the following recitals of 17 fact and objective: 18 A. On or about May 21, 1998 a landslide occurred on property owned by CITY, 19 by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the 20 County of Orange, City of San Juan Capistrano. 21 B. On or about July 15, 1998 CLAIMANTS filed suit in Orange County Superior 22 Court, Case Number 796957, and on or about November 3, 1998, CLAIMANTS filed their First 23 Amended Complaint against certain PARTIES, not including CITY, on issues relevant to the landslide 24 and damages of CLAIMANTS. 25 C. CLAIMANTS have not filed claims against governmental agencies. Each of 26 the CLAIMANTS have until November 20, 1998 to file their respective "Claim For Damages" 27 (hereinafter called "CLAIM") with the CITY. If the CLAIMS are rejected, then each of the 28 CLAIMANTS would have six months from the date of said rejection to file a court action on the 11:\98012TLEADUOLUNG.AGR 2 0 I CLAIM. 2 D. The matters at issue with respect to the CLAIM are currently in litigation 3 between the CLAIMANTS, as Plaintiffs, and SID PARTNERS LTD.; SID DEVELOPMENT 4 CORPORATION, a California corporation; SUNCAL COMPANIES, a Division of CWC, Inc.; 5 PACIFIC POINT PARTNERS, L.P.; ONE CHESTNUT INC., a Delaware corporation; CWC, 6 INC., a California corporation; SEMNA CORPORATION, a California corporation; ZEISER 7 KLING CONSULTANTS, INC., a California corporation; LEIGHTON & ASSOCIATES, INC., a 8 California corporation; EBENSTEINER AND COMPANY, a California corporation; and DOES 1- 9 500, as Defendants in an action currently pending before the Orange County Superior Court bearing 10 Case Number 796957 (hereinafter called "LITIGATION"). 11 E. The LITIGATION may determine certain material issues affecting the 12 CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. 13 F. To allow more time for determination of the LITIGATION, the CITY and the 14 CLAIMANT'S (hereinafter called "PARTIES" collectively) agree that the limitation period established 15 by the California Tort Claims Act, will be tolled and extended on the basis set forth in this Stipulation 16 and Agreement. 17 G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on 18 this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001; 19 and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them, 20 are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 21 2. The PARTIES stipulate and agree that any and all time periods in which the 22 CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act" 23 (Government Code §§ 810-996.6), and in particular pursuant to Government Code §§ 910.6, 911.2, 24 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to 25 midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the 26 foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not 27 part of the time limited under the California Tort Claims Act for commencing a court action or suit on 28 the CLAIM or on any cause of action against the CITY for which the CLAIMANTS are required to HA98012TLEAMTOLLING.AGR 3 1 present a CLAIM in accordance with the California Tort Claims Act. 2 3. The PARTIES stipulate and agree that the time in which the CLAIMANTS must 3 commence a court action or suit on the CLAIM or any cause of action described by the CLAIM, 4 including without limitation the time prescribed by a Rejection Letter, by Government Code § 913, 5 and/or by Government Code § 945.6, is and are extended to and including July 15, 2001. 6 4. The PARTIES further stipulate and agree that each stipulation and agreement 7 contained herein is independent of the others, and if any such stipulation or agreement is later found 8 to be illegal, unenforceable, or void, for any reason, the other stipulations and agreements shall remain 9 in full force and effect. 10 5. This Agreement may be executed in counterparts with the same effect as if all original 11 signatures were placed on one (1) document, and all of which together shall be one (1) and the same 12 Agreement. 13 14 Dated: I1�' 1� CITY OF SAN ISTRANO 15 16 y: Jones, Mayor 17 18 APPROVED AS TO FORM: 19 20 Dated: JOHN SHAW, San Juan Capistrano, City Attorney 21 22 By: 23 John Shaw San Juan Capistrano, City Attorney 24 25 Dated: GORDON WALLACE CAMMELL 26 27 28 By. Gordon Wallace Cammell H:\98012\PLEAD\T0LLING.AGR 4 0 0 I Dated: KATHLEEN FAY CAMMELL 2 3 By: Kathleen Fay Cannell 4 5 Dated: RICHARD DANSON 6 7 By. 8 Richard Danson 9 10 Dated: ELAINE T. DANSON 11 12 By: Elaine T. Danson 13 14 Dated: DAVID D. DeHASS 15 16 By: 17 David D. DeHass 18 19 Dated: MARIA DeHASS 20 21 By: Maria D. DeHass 22 23 Dated: STEPHEN J. HANTEN 24 25 By. 26 Stephen J. Hanten 27 28 HA98012TLEADUOLLING.AGR 5 0 0 I Dated: LAURIE HANTEN 2 3 By: Laurie Hanten 4 5 Dated: MICHAEL L. HEINZ 6 7 By: 8 Michael L. Heinz 9 10 Dated: DIANE C. HEINZ 11 12 By: Diane C. Heinz 13 14 Dated: RAHIM KARJOO 15 16 By: 17 Rahim KARJOO 18 19 Dated: LISA WENLIN KUO 20 21 By: Lisa Wenlin Kuo 22 23 Dated: KUAN CHU KUO 24 25 By: 26 Kuan Chu Kuo 27 28 HA980MPLEAMTOLLING.AGR 6 9 1 Dated: FANG -LAN WANG KUO 2 3 By: Fang -Lan Wang Kuo 4 5 Dated: JAMES O. LEE 6 7 By: 8 James O. Lee 9 10 Dated: MARIAN L. LEE 11 12 By: Marian L. Lee 13 14 Dated: ROBERT J. MIKOLAJCZAK 15 16 By: 17 Robert J. Mikolajczak 18 19 Dated: CATHERINE L. MIKOLAJCZAK 20 21 By: Catherine L. Mikolajczak 22 23 Dated: RONALD B. MURR 24 25 By: 26 Ronald B. Murr 27 28 HA98012TLEADUOLLING.AGR 7 0 E 1 Dated: JANET MURR 2 3 By: Janet Murr 4 5 Dated: PAUL R. PRINCE 6 7 By: 8 Paul R. Prince 9 10 Dated: MYRNA M. PRINCE 11 12 By: Myrna M. Prince 13 14 Dated: STEVEN W. ROSEN 15 16 By: 17 Steven W. Rosen 18 19 Dated: BRETTON E. TROWBRIDGE 20 21 By: Bretton E. Trowbridge 22 23 Dated: REBECCA TROWBRIDGE 24 25 By: 26 Rebecca Trowbridge 27 28 H:\98012\PLEAD\T0LL1NG.AGR 8 0 0 1 Dated: YASUYUKI YAMAGUCHI 2 3 By: 4 Yasuyuki Yamaguchi 5 Dated: IKUYO YAMAGUCHI 6 7 By: 8 Ikuyo Yamaguchi 9 APPROVED AS TO FORM: 10 11 Dated: KASDAN, SIMONDS, McINTYRE, EPSTEIN & MARTIN 12 13 By: Kenneth S. Kasdan 14 Attorneys for Claimants, GORDON WALLACE CAMMELL and 15 KATHLEEN FAY CAMMEi L, Individually and as Co -Trustees of the CAMMELL 16 FAMILY TRUST; CAMMELL FAMILY TRUST; RICHARD DANSON and ELAINE T. 17 DANSON; DAVID D. DeHAAS and MARIA D. DeHAAS; STEPHEN J. HANTEN and 18 LAURIE HANTEN; MICHAEL L. HEINZ and DIANE C. HEINZ; RAHIM KARJOO; LISA 19 WENLIN KUO, KUAN CHU KUO and FANG -LAN WANG KUO; JAMES O. LEE 20 and MARIAN L. LEE, Individually and as Co - Trustees of the LEE FAMILY TRUST; LEE 21 FAMILY TRUST; ROBERT J. MIKOLAJCZAK and CATHERINE L. 22 MIKOLAJCZAK, Individually and as Co - Trustees of the ROBERT J. MIKOLAJCZAK 23 and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING TRUST; ROBERT J. 24 MIKOLAJCZAK and CATHERINE L. MIKOLAJCZAK REVOCABLE LIVING 25 TRUST; RONALD B. MURK and JANET MURR; PAUL R. PRINCE and MYRNA M. 26 PRINCE; STEVEN W. ROSEN, Individually and as General Partner of J W and S LTD., A 27 California Limited Partnership; BRETTON E. TROWBRIDGE and REBECCA 28 TROWBRIDGE; and YASUYUKI YAMAGUCHI and IKUYO YAMAGUCHI, H:\98012\PLEAD\TOLLING.AGR 9 354 "—e 91 L-1 40 ADOPTION OF RESOLUTION INITIATING GEOLOGIC HAZARD ABATEMENT DISTRICT 98-1 FOR TENTATIVE TRACT 14196 AND SETTING As se orth in the Report dated November 3, 1998, from the Director of Engineering and Building, a following Resolutions declaring that the City is subject to the provision of Public Reso ces Code, Division 17 "Geologic Hazard Abatement Districts;" and, setting a time and date ublic hearing for formation of a geologic hazard abatement district were adopted: DISTRICTS" - A OLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO DEC G THAT THE CITY OF SAN JUAN CAPISTRANO IS SUB CTTO THE PROVISION OF PUBLIC RESOURCES CODE, D VISION 17, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" 1 Lo A 1 1U 0I L LL11V 1 V 1 1JA Il I 11� I 1TL 1V1 UJlI PARTNERS, LTD) - A RESOLUTION O HE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, C IFORNIA, DECLARING SUFFICIENCY OF PETITION, DIRECTING N ICE TO BE MAILED TO THE PROPERTY OWNER AND SETTING A T E AND DATE FOR PUBLIC HEARING FOR FORMATION OF A GE OGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQ REMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF LIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT D TRICTS" (TRACT 14196/SJD PARTNERS, LTD) DAMAGES AND CONTRACT EXTENSION INCURRED (170.10) As set forth in the Report dated November 3, 1998, from the City Attorney, the claim in the amount of $900,000 was denied. The following item was removed from the Consent Calendar at the request of Mayor Jones: APPROVAL OF TOLLING AGREEMENT - GORDON CAMMELL V. SJD PARTNERS LITIGATION (MEREDITH CANYON)(600.30) Written Communications: T - Report dated November 3, 1998, from the City Attorney, advising that homeowners affected by the May 21, 1998, Meredith Canyon landslide have initiated litigation against SJD Partners, Ltd, but have not included the City in the litigation at this point. The deadline for City Council Minutes - 1- II/3/98 2. 0 0 filing a formal claim against the City as a prerequisite to filing of a lawsuit is on or about November 20, 1998. The homeowners have proposed deferring the legal deadline for approximately 3 years. The Tolling Agreement presented for consideration provides that the time period for action pursuant to the California Tort Claims Act will be tolled from and including May 21, 1998, to midnight, January 15, 2001; and extends the time in which the Claimants must commence a court action or lawsuit until July 15, 2001. Approval of Alzreement: It was moved by Council Member Hart, seconded by Council Member Greiner and unanimously carried to approve the Tolling Agreement between the City and Gordon Cammell, et al. The Mayor was authorized to execute the Agreement. of proposed use of funds appropriated to the City from the COPS grant funds. Applicant: City of San Ju3g Capistrano. Report dated Novem er 3, 1998, from the Chief of Police Services, recommending that the City Council use the $ ,612.76 appropriated by the COPS fund to again pay for a portion of the cost of the Deputy heriff added in the 1996-97 fiscal year. Lt. Leonard, Chief of Police Sj:rvices, made an oral presentation. Public Hearing: Notice having been given as require by law, Mayor Jones opened the Public Hearing and there being no further response, the P lic Hearing was declared closed. Approval of Funds: It was moved by Council Member Campbell a d seconded by Council Member Greiner and unanimously carried that the use of the State COPS Grant Funds of $70,032.76 to again pay for a portion of the cost of the Deputy Sheriff adde n the 1996-97 fiscal year be approved. 420.30 Proposal: Consideration of a proposed solution to address the keeping of more an 3 adult dogs in a residential district, provided the dogs had been licensed by the Oran County Animal Control for at least one year prior to the application for an exception o rovided that ('ity Council Minutes -5- X19 0 AGENDA ITEM November 3, 1998 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Consideration of Tolling Agreement -- Gordon Cammell v. SJD Partners Litigation (Meredith Canyon) RECOMMENDATION: Move to approve tolling agreement between the City and Gordon Cammell, et al. for the purpose of delaying the time within which property owners may file a legal claim against the City in connection with the recent Meredith Canyon slide condition. BACKGROUND: The Meredith Canyon slide, which recently occurred in part on City -owned open space during the last El Nino storm, has resulted in litigation between certain homeowners in the slide area and the developer, SJD Partners Ltd. However, the City of San Juan Capistrano has not been brought into that litigation in this point in time. Should the affected homeowners elect to sue the City, the filing of a formal claim against the City with the City Clerk's Office is a legal prerequisite to the filing of a lawsuit against the City. The legal deadline for filing such a claim with the City Clerk is on or about November 20, 1998. The affected property owners have recently approached this office and suggested that this November 20 deadline be deferred for a three-year period by entering into an appropriate tolling agreement. The attached agreement would accomplish this purpose. The benefit of the tolling agreement to the City is that, by deferring the statute of limitations deadline of November, the property owners will not in all likelihood file any lawsuit against the City in the near term. However, if the deadline were not deferred, then the property owners would be forced to file a claim and lawsuit now to protect against the running of the statute of limitations. This then would force the City to expend resources now to defend such a lawsuit. FOR CITY COUNCIL AGEN9*kUW � D/9 or t 0 (0, Agenda Item -2- November 3, 1998 It is also possible that these owners may never find it necessary or appropriate to sue the City during the tolling period. Accordingly, I see no major downside in entering into the attached tolling agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. ALTERNATE ACTIONS: 1. Do not approve the tolling agreement. 2. Direct staff to provide additional information. RECOMMENDATION: Move to approve the tolling agreement and authorize the Mayor to execute same Respectfully submitted, J P" JOHN R. SHAW ` d> City Attorney Attachment: Tolling Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE CITY COUNCIL CITY OF SAN JUAN CAPISTRANO In the Matter of j STIPULATION AND AGREEMENT TOLLING AND EXTENDING TIME MARION MASEK and ELEANOR JUDSON ) TO COMMENCE LITIGATION vs. CITY OF SAN JUAN CAPISTRANO This Stipulation and Agreement is between the CITY OF SAN JUAN CAPISTRANO (hereinafter called "CITY"), on the one hand, and MARION MASEK and ELEANOR JUDSON, (hereinafter called "CLAIMANTS") on the other hand, who stipulate and agree as follows: 1. This Stipulation and Agreement is made with reference to the following recitals of fact and objective: A. On or about May 21, 1998, a landslide occurred on property owned by CITY, by certain of the CLAIMANTS, and others located at Meredith Canyon adjacent to Tract 14196 in the County of Orange, City of San Juan Capistrano. B. On or about July 15, 1998, a lawsuit was filed in Orange County -Superior Court Case Number 796957 between certain parties, not including CITY, on issues relevant to the landslide and damages of CLAIMANTS. C. CLAIMANTS have not filed claims against governmental agencies. Each of the CLAIMANTS have until November 20, 1998 to file their respective "Claim for Damages" (hereinafter called "CLAIM") with the CITY. If the CLAIMs are rejected, then each of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIMANTS would have six months from the date of said rejection to file a court action on the CLAIM. D. The matters at issue with respect to the CLAIM are currently in litigation pending before the Orange County Superior Court bearing Case Number 796957 (hereinafter called "LITIGATION'). E. The LITIGATION may determine certain material issues affecting the CLAIM, and the determination of the LITIGATION may obviate litigation regarding the CLAIM. F. To allow more time for determination of the LITIGATION. the CITY and the CLAIMANTS (hereinafter called "PARTIES" collectively) agree that the limitation period established by the California Tort Claims Act will be tolled and extended on the basis set forth in this Stipulation and Agreement. G. The PARTIES agree that the CLAIMANTS, and each of them, are relying on this Stipulation and Agreement in withholding a court action or suit on the CLAIM until July 15, 2001; and notwithstanding the foregoing, the CITY further agrees that the CLAIMANTS, and each of them, are not required by this Stipulation and Agreement to withhold a court action or suit for said period. 2. The PARTIES stipulate and agree that any and all time periods in which the CLAIMANTS must act or may perform any act pursuant to the "California Tort Claims Act' (Government Code Sections 810-996.6), and in particular pursuant to Government Code Sections 910.6, 911.2, 913, and/or 945.6, are and will be tolled during the period from and including May 21, 1998, to midnight, January 15, 2001 (hereinafter called "Tolling Period"); and without limitation as to the foregoing, the PARTIES specifically stipulate and agree that the Tolling Period will be considered not part of the time limited under the California Tort Claims Act for commencing a court action or suit on against the CITY for which the CLAIMANTS are requir with the California Tort Claims Act. 3. The PARTIES stipulate and agree that th of action ccordance __ //lip-xiX C � tcfi J 71�1NTS must commence a court action or suit on the CLAIM or any cause u the CLAIM, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 including without limitation the time prescribed by a Rejection Letter, by Government Code Section 913, and/or by Government Code Section 945.6, is and are extended to and including July 15, 2001. 4. The PARTIES further stipulate and agree that each stipulation and agreement contained herein is independent of the others, and if any such stipulation or agreement is later found to be illegal, unenforceable or void, for any reason, the other stipulations and agreements shall remain in full force and effect. 5. This Stipulation and Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one (1) document, and all of which together shall be one (1) and the same Agreement. DATED: // APPROVED AS TO FORM: By: 0 1z Jon R. Sh Iw, City Attorney CITY OF SAN JUAN CAPISTRANO By: lit^. ohn Greiner, Mayor MARTOINMA EK As set for in the Report dated DeCcmber 1. 1998. from the Director of Engineering and Building, thcllcllllo«in,-, Resolution esutblishit-L a "No Parkin_ Trash Days (Fridays) 6:30 a.m. to 4:00 p.m. otv-:A%�ac Zone" on Calle Chucca was adopted: RESOLUTIONNO. 98-12-1-6. ESTABLISHING "NO PARKING TRASH DAYS" ZONE -,\LLE CHUECA -A RESOLUTION OF THE CITY COUNCIL OF THE C Y OF SAN JUAN CAPISTRANO ESTABLISHING A "NO PARKING TRAS DAYS 6:30 A.M. TO 4:00 P.M. TOW -AWAY ZONE" ON CALLE CHUE POLICE MOTORCYCLE (580.10) As set forth in the Report dated December 1. 1998. fromNle Chief of Police Services, the bid for the purchase of a 1998 Kawasaki KZ I OOOP Police M,3 cycle from VIP Motorcycles Inc.. of Buena Park for $9.891.56 was awarded. ,- z APPROVAL OF TOLLING AGREEMENT - MASEK, JUDSON (MEREDITI_f CANYON)(600�30) As set forth it the Report dated December 1, 1998, from the City Attorney, the tolling agreement between the City, Marion Masek and Eleanor Judson for the purpose of delaying the time within- 1,ic'• these property owners may file a legal claim against the C:. i -til January 15, 2001, in connection with the recent Meredith Canyon slide condition was approved. 13. APPR(3ah61?F AGREEMENT FOR ANNUAL AUDIT SERVICES WITH As set forth in the Report dated Decent 1998, from the Administrative Services Director, the one-year agreement for Annual Audt rvices with Diehl, Evans & Company for the 1997-98 Fiscal year audit at a total of $21,275 wa. proved. The following item was removed from the Consent Calendar at the reque of Council Member Jones. noting a potential conflict of interest relating to the proximity of roject to his business/residence: City Council Minutes -8- 12/1/98 AGENDA ITEM TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney December 1, 1998 SUBJECT: Consideration of Tolling Agreement -- Masek, Judson (Meredith Canyon) RECOMMENDATION: Move to approve tolling agreement between the City, Marion Masek and Eleanor Judson for the purpose of delaying the time within which these property owners may file a legal claim against the City in connection with the recent Meredith Canyon slide condition. BACKGROUND: On Ociober-23; 1998, the City Council approved a tolling agreement between the City and certain parties in regard to the Gordon Cammell v. SJD Partners litigation. The litigation was filed by certain homeowners in the area of the Meredith Canyon landslide against the developer, SJD Partners Ltd. The City of San Juan Capistrano has not been brought into that litigation at this point in time. The tolling agreement deferred the legal deadline for filing of a claim against the City for a three-year period, or until January 15, 2001. Marion Masek and Eleanor Judson are homeowners in the area of the landslide who are not parties to the above -referenced litigation. They have approached this office and requested that they also have their filing deadline deferred for a three-year period. The attached agreement would accomplish this purpose. As in the first tolling agreement, the benefit of this agreement to the City is that, by deferring the statute of limitations deadline, these property owners will not in all likelihood file any lawsuit against the City in the near term. However, if the deadline were not deferred, then the property owners would be forced to file a claim and lawsuit now to protect against the running of the statute of limitations. This then would force the City to expend resources now to defend such a lawsuit. FOR CITY COUNCIL AGEN16�_ �,2 Agenda Item -2- December 1, 1998 It is also possible that these owners may never find it necessary or appropriate to sue the City during the tolling period. Accordingly, I see no major downside in entering into the attached tolling agreement. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. ALTERNATE ACTIONS: 1. Do not approve the tolling agreement. 2. Direct staff to provide additional information. RECOMMENDATION: Move to approve the tolling agreement and authorize the Mayor to execute same. Respectfully submitted, JOHN R. SHAW City Attorney Attachment: Tolling Agreement