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1998-0804_WITT , THODORE_Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (the "Agreement") is made this : lay of Auau--ti- , 1998, by and between the City of San Juan Capistrano (hereinafter "Seller"), and Dr. Theodore Witt (hereinafter "Buyer"). Seller and Buyer mutually agree, based upon the consideration set forth herein, as follows: Section 1. Purchase and Sale of Land/Purchase Price. Seller agrees to sell and Buyer agrees to buy that certain real property, more particularly set forth in Exhibit "A", attached and incorporated herein by reference (the "Property"), for the purchase price of Fourteen Thousand Nine Hundred and Ninety Dollars ( $14,990.00). Section 2. Escrow Instructions. The terms of this Agreement shall act as escrow instructions for this transaction. Section 3. Escrow Process. (a) Opening of Escrow. Seller shall open an escrow with an escrow company("Escrow Holder") mutually agreeable to both parties within a reasonable period time following execution of this Agreement. (b) Closing of Escrow. Escrow shall be closed at such time as the conditions to close of escrow are performed by both parties. (c) Indemnification to Escrow Holder. If this Agreement shall become the subject of litigation or controversy, Buyer and Seller agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including attorney's fees, that may be suffered by it by reason thereof, providing however that the foregoing shall not release Escrow Holder from any liability for negligence or misconduct or the breach of any of the provisions of the escrow instructions contained herein. Section 4. Conditions to Close of Escrow. (a) Conditions Precedent to Buyer's Obligations. (i) Title. Buyer shall have approved the legal description of the Property attached hereto as Exhibit "A' and any matters of title respecting the Property, including those matters disclosed by the following documents and instruments ("Title Documents"): (A) a preliminary title report for an ALTA Extended Policy dated as of or after the date of this Agreement issued by the title company with respect to the Property, and (B) legible copies of all documents, whether recorded or unrecorded, referred to in the preliminary title report. Seller shall cause the title company to deliver the Title Documents to Buyer within fifteen (15) days after the opening of escrow. Buyer shall give Seller and Escrow Holder written notice ("Buyer's Title Notice") of Buyer's disapproval of the legal c:\wpwin60\wpdocs\witt\purchase.agr -1- 07/21/98 description of the Property, any Title Document and/or any matter of title respecting the Property prior to the end of the contingency period. The failure of Buyer to give Buyer's Title Notice shall be deemed to constitute disapproval of the Title Documents and the title matters shown thereon. In the event of Buyer's disapproval of any matters of title respecting the Property, Seller shall, within fifteen (15) days after receipt of Buyer's Title Notice, give Buyer written notice ("Seller's Title Notice") of those disapproved title matters, if any, which Seller shall eliminate from the Title Policy and as exceptions to title to the Property. If Buyer approves of Seller's Title Notice, Seller shall eliminate by the closing date those disapproved matters set forth in Seller's Title Notice from the Title Policy and as exceptions to title to the Property. If Seller does not elect to eliminate any matter disapproved by Buyer or if Buyer disapproves Seller's Title Notice, then this condition shall be deemed to have failed, unless subsequently waived by Buyer in writing. Notwithstanding the foregoing, Buyer hereby objects to all covenants, conditions and/or restrictions affecting the Property which have been established by, or which provide that the approving agent is, Seller or any person or entity affiliated with Seller, such covenants, conditions or restrictions to be removed, all liens evidencing monetary encumbrances (excluding liens for non-delinquent property taxes and assessments) and Seller agrees to cause all such liens to be eliminated at Seller's sole cost (including all prepayment penalties and charges) on or prior to the Close of Escrow. (ii) Inspections. Prior to close of escrow, Buyer shall have inspected the Property and satisfied Buyer as to the condition of the Property. In this regard, Buyer shall purchase the Property in an "as is" condition. Seller makes no warranty, express or implied, as to any aspect of the land, including but not limited to, stability and environmental contamination, except as provided for in this Agreement. In this regard, Seller grants to Buyer a right of entry onto the land during the escrow process to initiate and complete appropriate site inspections Buyer may wish to conduct. Seller shall not be responsible for any costs of inspection or mitigation or remediation which Buyer believes may be necessary as a result of any inspections Buyer may have caused to have been prepared for the land. (iii) No Adverse Changes. At the closing date, there shall have been no adverse changes in the physical or financial condition of the Property. (iv)Title Insurance. As of the close of escrow, the title company shall have issued or shall have committed to issue the title policy to Buyer. (b) Conditions Precedent to Seller's Obligations. The close of escrow and Seller's obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions: (i) On or before the closing date, Buyer shall have delivered to Escrow Holder for disbursement as provided herein, the Purchase Price. c:WvpvAn6O wpdocsW&\purchase.agr -2- 07/21/98 (c) Failure of Conditions to Close of Escrow. In the event any of the conditions set forth herein are not timely satisfied or waived, for any reason other than the default of Buyer or Seller under this Agreement, the rights and obligations hereunder shall terminate, provided however, no such termination shall occur until the party for whose benefit such conditions exists (i) has had the opportunity to waive such condition within three (3) business days after receipt of written notice from the other party, and (ii) does not elect to waive such condition. Section S. Title Insurance and Costs/Expenses. (a) At the close of escrow, Seller and Buyer shall cause the title company to issue or commit to issue to Buyer an ALTA Extended Form Owner's Policy of Title Insurance with any title endorsements reasonably requested by Buyer showing fee title to the Property vested in Buyer subject only to the approved title conditions ("Title Policy"). The Title Policy shall be issued with liability in an amount equal to the Purchase Price, or as otherwise agreed to by the parties. (b) Buyer shall be responsible for all title insurance costs and expenses. Section 6. Liens. Taxes, and Assessments. Seller warrants that it, as a public entity, will have incurred no pending liens, taxes, and assessments. Therefore, there should be no need for a proration formula with respect to such items. Section 7. Disbursements. At the close of escrow, Escrow Holder shall promptly undertake all of the following in the manner hereinbelow indicated: (a) Funds. Disburse the full amount of Fourteen Thousand Nine Hundred Ninety Dollars ($14,990.00) to Seller. (b) Recording. Cause the recording of the grant deed, and any other documents which the parties hereto may mutually direct to be recorded in the official records, and obtain conformed copies thereof for distribution to Buyer and Seller. (c) Title Policy. Direct the title company to issue the Title Policy. Section 8. Representations and Warranties. (a) Condition of Proyertv. Seller has no knowledge, and Seller has received no notice, of any violation of governmental regulations relating to the Property, any existing or contemplated plan to widen or modify any street or highway contiguous to the Property or any other plan, study or effort of the authorities. To the best of Seller's knowledge, (i) there are no defects or deficiencies in the Property, no soil conditions, no infestation of pests, nor any other matter or fact which in any way would materially affect Buyer's contemplated development, construction, use, operation, lease and/or sale of the Property, or any portion thereof, and (ii) there are no intended public improvements which will result e:\wpWn60\wpdocsuvilt\purohase.agr -3- 07M/98 in any charge being levied against, or any lien assessed upon, the Property, or any portion thereof. (b) Taxes and Assessments. Other than the amounts disclosed by the tax bills delivered to Buyer by Seller, no other real property taxes have been or will be assessed against the Property for the current tax year. To the best of Seller's knowledge, no special assessments or charges have been or will be levied against the Property for any existing public improvements or otherwise or will result from work, activities or improvements done to the Property by Seller. (c) Hazardous Materials. All operations or activities upon, or use or occupancy of the Property by Seller or any current occupant or user thereof, or, to the best of Seller's knowledge, by any previous owner, user or occupant of the Property, is, has been and will be in compliance with all state, federal and local laws and regulations governing or in any way relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, but not limited to, any hazardous material, and neither Seller nor any current user or occupant of the Property, nor to the best of Seller's knowledge, any prior owner, occupant or user thereof, has engaged in or permitted any dumping, discharge, disposal, spillage or leakage (whether legal or illegal, accidental or intentional) of such toxic or hazardous substances, materials or wastes, at, on, in or about the Property or any portion thereof. There is not present upon the Property, or any portion thereof, any hazardous material, or any structures, fixtures, equipment or other objects or materials containing any hazardous material. Section 8. Indemnification. (a) Indemnification of Buyer. Seller hereby agrees to indemnify, defend and hold Buyer harmless from and against any and all losses, damages, costs and expenses, including without limitation, legal fees and disbursements, incurred by Buyer as a result of a breach of Seller's representations, warranties and/or covenants in this Agreement; provided, however, nothing contained herein shall obligate Seller with respect to, or negate or modify any liability of Buyer for a breach of, Buyer's representations, warranties and/or covenants in this Agreement. (b) Indemnification of Seller. Buyer hereby agrees to indemnify, defend and hold Seller harmless from and against any and all losses, damages, costs and expenses, including without limitation, legal fees and disbursements, incurred by Seller as a result of a breach of Buyer's representations, warranties and/or covenants in this Agreement; provided, however, nothing contained herein shall obligate Buyer with respect to, or negate or modify any liability of Seller for a breach of, Seller's representations, warranties and/or covenants in this Agreement. Section 10. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered (including by means of c:\wpMn80\wpdo \wM\purchaw.agr -4- 070/98 professional messenger service) or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the date of receipt thereof. To Seller: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: R. Anthony Foster To Buyer: Dr. Theodore Witt 26932 Oso Parkway, Suite 280 Mission Viejo, CA 92691 To Escrow Holder: I ��7,}M e (L utr.3 —� t i s fiq e 5r• 's RZ-201 Section 11. Brokers. The parties acknowledge that no real estate broker has been used in this transaction, and therefore, no broker's fees shall be paid. Section 12. Condition Subseguent/Lot Line Adjustment Procedure. As a result of this transaction, Buyer shall own a separate piece of real property (i.e., Exhibit "A") adjoining Buyer's existing parcel. Buyer agrees to, within one hundred eighty (180) days, complete a lot line adjustment procedure with Seller (pursuant to the State Subdivision Map Act)for the purpose of consolidating both real property pieces into one legal parcel. This lot line adjustment process will result in a City approval which shall then be filed with the County Recorder/Assessors' offices. This procedure will not delay the close of this escrow as the parties intend and desire that such process be completed within one hundred eighty (180) days after close of escrow. CITY OFSAN ISTRANO, By: Gil Jo yor ATTEST: Cheryl Joh son, City Clerk APPROVED AS TO FOR By: John . Shaw, City Attorney DR. THEODORE WITT c:\wpwin80\wpdocsW&\purchase.agr -5- 0721/98 Joan 32400 PAS EO ADELANTO �C� © MEMBERS OF COLLE E C MPBELL SAN JUAN CAPISTRANO,CA 92675 IL[J] lWl JOLLENECAMPBELL JOHN GREW ER (949)493-1171 WYATT HART (949) 493-1053(FAX) ni�nlmr 1961 GILJONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH August 6, 1998 Dr. Theodore Witt 26932 Oso Parkway, Suite 280 Mission Viejo, California 92691 Re: Purchase and Sale Agreement - Portion of Helicopter Hill Park/Open Space Dear Dr. Witt: At their meeting of August 4, 1998, the City Council of the City of San Juan Capistrano held a public hearing to consider the sale of a portion of the Helicopter Hill Park site/Open Space area adjacent to your lot in Tract 12954. Following the hearing, the City Council adopted Resolution No. 98-8-4-2, which approved the Purchase and Sale Agreement. A fully-executed copy of the Agreement and a copy of Resolution No. 98-8-4-2 are enclosed for your files. Please feel free to contact Tony Foster at 443-6351 if you need any additional information. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Concorde Management Engineering and Building Director (with enclosure) Tony Foster (with enclosure) DRUG USE IS AB San Juan Capistrano: Preserving the Past to Enhance the Future MEMORANDUM TO: Tony Foster FROM: Cheryl Johnson DATE: August 6, 1998 SUBJECT: Sale of Helicopter Hill Property to Dr. Theodore Witt As we discussed, attached is a copy of the Purchase and Sale Agreement for your use in following through with the Title Company. • APPROVAL OF AGREEMENT FOR PURCHASE AND SALE OF AN UNIMPROVED PORTION(2,160 SQUARE FEET)OF THE HELICOPTER HILL PARK SITE/OPEN SPACE LOT B. TRACT 12954 TO DR. THEODORE WITT 600.30 Proposal: Consideration of the sale of 2,160 square feet of the Helicopter Hill Park Site/Open Space to Dr. Theodore Witt, owner of the adjacent Lot 103, Tract 12954. The developer of Tract 12954,the Marbella Golf and Country Club,had constructed a retaining wall adjacent to Lot 103; Dr. Witt wishes to incorporate the area into his lot to complete and maintain the retaining wall. The hearing was scheduled by the City Council at their meeting of July 7, 1998. Written Communication: Report dated August 4, 1998 from the Director of Engineering and Building advising that Dr. Theodore Witt had requested that the City consider the sale of the 10-foot-wide strip of land along the west and north boundaries of his lot. While Helicopter Hill was dedicated as a park site, it is used as unimproved open space and the area proposed for sale is on a steep hillside and unaccessible to the general public. The Parks, Recreation and Equestrian Commission reviewed the proposal and recommended approval. The sale price of$14,990 will be deposited into the Parks and Recreation Fund. Photographs of the proposed lot were on display and the Engineering and Building Director made an oral presentation. Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, closed the bearing with the right to re-open at any time. Approval of Purchase and Sale Agreement: It was moved by Council Member Campbell,seconded by Council Member Greiner,that the following Resolution be adopted: RESOLUTION NO. 98-8-4-2 APPROVING PURCHASE AND SALE AGREEMENT FOR A PORTION OF THE HELICOPTER HILL PARK SITE/OPEN SPACE AREA (WITT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT FOR 2,160 SQUARE FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE, (LOT B, TRACT 12954) TO DR. THEODORE WITT, OWNER OF THE ADJACENT LOT 103, TRACT 12954 The motion carried by the following vote: City Council Minutes -5- 8/4/98 AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor Jones NOES: None ABSENT: None 3. APPROVAL OF RESOLUTION ADOPTING THE CONFIRMING COST REPORT- 1998 WEED ABATEMENT(540.70) ro osal: C ideration ofproposed charges for the City's 1998 Weed Abatement Program,which will be essed to individual property owners on their 1998-99 tax bill. Written mmunication: Report date August 4, 1998 from the Director, Public Works advising that in January of 1998, prelimi notices were mailed to homeowners reminding them of the City's weed abatement requi ents. On April 15, 1998, "notices to abate" were mailed to all identified property owners w potential nuisance problems. A public meeting was held on May 14, 1998 to receive objec 'ons; no owners attended the meeting. Ms.Amirani,Director,Pu is Works,made an oral presentation,noting that two adjustments had been made and no comp ints had been received. Public Hearing: Notice having been given as require y law,Mayor Jones opened the Public Hearing. There being no response, the Public Hearing as declared closed. Approval of Cost Report: It was moved by Council Member Hart, sec ded by Council Member Swerdlin that the following Resolution be adopted: RESOLUTION NO. 98-8-4-3 CONFI G COST REPORT - 1998 WEED ABATEMENT - A RESOLUTION O THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CAL ORNIA,CONFIRMING THE COST REPORT FOR THE 1998 WEED AB EMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell, reiner and Mayor Jones NOES: None ABSENT: None City Council Minutes -6- 8/ 8 AGENDA ITEM August 4, 1998 TO: George Scarborough, City Manger FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution Approving the Agreement of Purchase and Sale Between the City of San Juan Capistrano and Dr. Theodore Witt for the Sale of a Portion of Helicopter Hill Park Site/Open Space (Lot B, Tract 12954, Marbella/Witt). RECOMMENDATION: By Resolution: 1. Approve the Agreement of Purchase and Sale between the City of San Juan Capistrano and Dr. Theodore Witt for an unimproved portion(2,160 square feet) of the Helicopter Hill Park Site/Open Space, Lot B, Tract 12954. 2. Authorize the City Manager to execute all supplemental documents to complete the escrow process. SITUATION: A. Summary and Recommendation: Dr. Theodore Witt, owner of Lot 103, Tract 12954, Marbella, has requested City consideration regarding the sale of 2,160 square feet of the Helicopter Hill Park Site/Open Space. The area proposed for sale is a 10' wide strip of land along the west and north boundaries of Lot 103 (Attachment 1). Dr. Witt has made this request due to the location of a retaining wall constructed by Marbella Development while the property was still under their ownership. Helicopter Hill was dedicated as a park site but is utilized as an unimproved Open Space area. The area proposed for sale is a steep hillside adjacent to Marbella Vista, a private street, and is unaccessible to the general public. Staff recommends approval of the sale. B. Background: In 1989, during development of the parcels surrounding the Marbella Golf and Country Club, a retaining wall was approved and constructed outside the boundary of Lot 103, within Lot B, Helicopter Hill. Dr. Theodore Witt, present owner of Lot 103, desires to incorporate this area into his parcel in order to maintain the retaining wall and the area surrounding the wall. Additional space has been included behind the wall for installation of a V-ditch, which is necessary to carry storm water around the top of the retaining wall. FOR CITY CQ !:'�CBL AGENDA ITEM August 4, 1998 Page 2 A License Agreement was proposed as a method of transferring maintenance responsibility. However, Dr. Witt wishes to utilize the additional 10' for setback area and installation of improvements which would be prohibited under a License Agreement. The proposed method of sale has been reviewed and approved by the City Attorney. The sale will take place after a duly advertised Public Hearing slated for August 4, 1998, execution of a Purchase and Sale Agreement (Attachment 4) and completion of a Lot Line Adjustment, which will join the 2,160 square feet of park site to Lot 103. The Lot Line Adjustment and corresponding deeds will be provided by Dr. Witt. COMMISSIONBOARD REVIEW AND RECOMMENDATION: The sale and sale price were reviewed and approved by the Parks, Recreation and Equestrian Commission at their June 15, 1998, meeting. The Commission also recommended that Dr. Witt's maintenance responsibility regarding the retaining wall be clearly defined. Said maintenance responsibility is defined in the attached Agreement of Purchase and Sale. FINANCIAL CONSIDERATIONS: The area to be sold is 2,160 square feet. The City's Parks and Recreation Fee is based on $302,500 per acre. Using that amount as a basis for the sale cost results in a sale price of$14,990. Said funds will be deposited into the Parks and Recreation Fund. NOTIFICATION: All properties within 300' of Lot 103 per the attached list Marbella Homeowners Association. ALTERNATE ACTIONS: 1. Adopt the Resolution approving the Agreement of Purchase and Sale. 2. Do not adopt the Resolution. 3. Request additional information from Staff. AGENDA ITEM August 4, 1998 Page 3 RECOMMENDATION: By Resolution: 1. Approve the Agreement of Purchase and Sale between the City of San Juan Capistrano and Dr. Theodore Witt for an unimproved portion (2,160 square feet) of the Helicopter Hill Park Site/Open Space, Lot B, Tract 12954. 2. Authorize the City Manager to execute all supplemental documents to complete the escrow process. Respectfully submitted, Pre ared by William M. Huber R. Anthon F6st� Y Director of Engineering and Building Engineering Assistant Attachments: I. Location Map 2. Resolution 98-8-4- y��g��(TN � 'Kx • J< .;: .. ATTACHMENT 1 LOCATION MAP . '= ROJECT LOCATION HELICOPTER HILL PARK8ITE ". •�, ` f 1 v � t• : yt HELICOPTER / PARKSTTE I" ,.•• �' . RETABNN I WALL" ��.•� �?`� AREA TO BE SOLD-Ar k. I LOT 104 sr � � LOT 103 - I a r C� t, "ou us fig; d op i RESOLUTION NO. 98-8-4-2 APPROVING PURCHASE AND SALE AGREEMENT FOR A PORTION OF THE HELICOPTER HILL PARK SITE/OPEN SPACE AREA(WITT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT FOR 2,160 SQUARE FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE (LOT B, TRACT 12954) TO DR. THEODORE WITT, OWNER OF THE ADJACENT LOT 103, TRACT 12954 WHEREAS,the City of San Juan Capistrano is the owner of Lot B,Tract 12954,the Helicopter Hill Park Site/Open Space; and, WHEREAS, during construction of the Marbella Golf and Country Club, the developer installed a retaining wall within Lot B, adjacent to Lot 103 of Tact 12954; and, WHEREAS, the present owner of Lot 103, Dr. Theodore Witt, desires to complete and maintain said retaining wall and incorporate the area surrounding the wall into Lot 103; and, WHEREAS, Dr. Witt has agreed to purchase that portion of Lot B encumbered by said retaining wall and produce a Lot Line Adjustment to incorporate said area into Lot 103; and, WHEREAS,both the City and Dr.Witt have reviewed and approved of all terms and conditions of the Purchase and Sale Agreement for a portion of the Helicopter Hill Park Site/Open Space. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The sale of the portion of the Helicopter Hill Park Site/Open Space, and the Agreement for Purchase and Sale,on file in the office of the City Clerk,which establishes the terms and conditions therefor, are hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City. SECTION 3. The City Manager is hereby authorized to sign all documents necessary and appropriate to complete the sales transaction and close the escrow process. -1- SECTION 4. The subject land is not necessary and essential to the remainder of Helicopter Hill as a City resource as open space land because of its size and location. PASSED, APPROVED, AND ADOPTED this 4th day of August 1998. �J(SNES, ICIAYOR ATTEST: CITY CLERIC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I,CHERYL JOHNSON,City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-8-4-2 adopted by the City Council of the City of San Juan Capistrano,California, at a regular meeting thereof held on the 4th day of August 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JCHN N, eITY CLERK -2- I l 1 REGEIVFO AFFIDAVIT OF PUBLICATION QOC Z� 1 Ir i 11 V Space Below for Sling,Stamp Only. STATE OF CALIFORNIA COUNTY OF ORANGE Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid. I am over the age of NOTICE OF PUBLIC HEARING eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News,a newspaper NOTICE OF PMIC NEARING that has been adjudged to be a newspaper of CITY OF SAN JUAN CAPISTRANO general circulation by the Superior Court of theNOTICE on the 4th day a August,13 11998,Yat 7:00 thaMi nn the City State of California, County of Orange, on June 7, Council Chamber,32400 Paseo Adelanto,Son Juan Capistrano, California, the City Council 1984, Case No. A-122949 in and for the City of will hold a public hearing on the following: San Juan Capistrano, County of Orange, State Of PROPOSED SALE OF 2,160 SgUARE FEET OF LOT S.TRACT 12954,HELICOPTER HILL PARK California;that the notice of which the annexed is SIE/OPEN SPACE a true printed copy,has been published in each The City has recewed a request to consider the sale of a 10-loot-wide strip of land In Me Her- regular and entire issue of said newspaper and not copier Hili Park SRe/Open SPaCe area,located aionp Me west and north boundaries of Lor 103, in any supplement thereof on the following dates, Tract 12954. The area proposed for sale Is a steep hillside adjacent to Morbella Vista and Is t0 wit not accessible to the general public. It in- cludes a retaining wall which the owner of Lot 103 wished to Incorporate into Lot 103 In order July 23, 30, 1998 log area Fundsrfrom Mee calla will the posted Into the Parks and Recreation Fund. '�Y.. Mr 1i10pm1iiii I declare under penalty of perjury that the ;<'' Ile foregoing is true and correct. ` �' '� I Executed at Lake Foust, Orange County, wwAM I snssslsuttrlts� California, on "'R "Wil01O 1 LJss,« Date August 18, 19 98 I?I` LOW"M 1 Zalley Capistr News -w ° 22481 Aspan St. 99L�wu L'S°:ralp o9ve%90_19't eco :,pp', o a IaP I,y, 'Wo Le. , w,wi mna sroa u,•wMPG sL.i Lake Forest, CA 92630 r'1 9BV9CLLNIL 1991a19� �+aujeu�o ruou ma" c (714) 454 - 7380 dd 99Ls 0 swls+0 c9.. D0g0e two �o1O `X .d .elver 9L'W e^ qxg tvLrutly 9a. �� OELISSwp ba:p,Q lwwS^Oe db Yom,"-sa9-�iN.p„a7 u�a ' 9n e c y5v1LIn ell• su�elNa"•°B9dnoo roe xzoryol�9Cse. - yl99dns -ylL ilL99Cs1dd L4{,-VU BgLpµooP �S�y pd wsu a�� 09l �ryrylI���111 Ol'7]1a99. p xu nal'euslb5 sl l p •01V'CIA•pps5.xZL9 Os 0-Ld9-a lx9pl rOUL, OB it l'91a'44p1Wi 100,° �s„ow1�C agl^C 99. OO+�`S'^°•oeN+°I L NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, JULY 23, 1998 THURSDAY, JULY 30, 1998 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING-PROPOSED SALE OF 2,160 SQUARE FEET OF LOT B, TRACT 12954, HELICOPTER HILL PARK SITE/OPEN SPACE PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHORIZED BY: /-t 2Q "�d i DATE: July 14, 1998 Date of Public Hearing - 08/04/98 Date notice published - 07/23/98 - 07/30/98 Date affidavit received - 7llqol98Cy� Date notice posted in designated posting places (3) - 07/23/98 Date notice posted on property -N/A Date of mailing notice to interested parties - 07/23/98 Date notice transmitted to City Manager's Office - 07/14/98 NOTICE OF PUBLIC HEARING on mmisne 19611 Irn ' 7n. . CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 4th day of August, 1998, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: PROPOSED SALE OF 2,160 SQUARE FEET OF LOT B, TRACT 12954, HELICOPTER HILL PARK SITE/OPEN SPACE The City has received a request to consider the sale of a I0-foot-wide strip of land in the Helicopter Hill Park Site/Open Space area, located along the west and north boundaries of Lot 103, Tract 12954. The area proposed for sale is a steep hillside adjacent to Marbella Vista and is not accessible to the general public. It includes a retaining wall which the owner of Lot 103 wished to incorporate into Lot 103 in order to maintain the retaining wall and the surrounding area. Funds from the sale will be deposited into the Parks and Recreation Fund. Those desiring to be heard in favor of, or in opposition to,this item will be given an opportunity to do so during such hearing or, prior to the meeting, by writing to the City Council at 32400 Paseo Adelanto,San Juan Capistrano,California 92675,Attention:City Clerk. Government Code Section 54957.5 stipulates that writings distributed to the legislative body by any person are public records and shall be made available without delay. If you bring written information to the City Council meeting for distribution to the City Council at such meeting, please provide additional copies for distribution to the audience. For further information you may contact R. Anthony Foster, Engineering Assistant, at (949) 443- 6351. CH YL JOHNSON, CITY CLERK FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I,CHERYL JOHNSON,declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on July 23, 1998, I caused the above Notice to be posted in three (3)public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library AND, that on July 23, 1998, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. CHERYL JOHNSON, CITY CLERK City of San Juan Capistrano, California 10 HEUCOPTER PARKSITE 1' RETABIM WALL' L ' AREA TO BE BOLD r. I LOT 104 y n LOT 103 10• I; ! r� CITY COUNCIL PUBLIC HEARING AUGUST 4, 1998 PROPOSED SALE OF 2,160 SQUARE FEET STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING NOTICE OF INTENT TO COUNTY OF ORANGE ) VACATE PUBLIC STREET CITY OF SAN JUAN CAPISTRANO ) (Pursuant to Section 8323, California Streets and Highways Code) I,Tony Foster,hereby certify that on July 16, 1998,I posted one(1)copy of Resolution No. 98-7-7- 3, setting the Public Hearing for Sale of Property of 2,160-square-feet of the Helicopter Hill Park site/open space, Lot B of Tract 12954. Date: July 16, 1998 Al Tony Foster, Senior Engineering Technician HELICOPTER HILL PARK SITE SALE hillcptr.lbl Diane Mellring, Mgmt Contact Dr. Theodore Witt Concorde Management Marbella Homeowners Assoc. 26932 Oso Parkway, Ste 280 Attn: Ed Bergman c/o Concord Management Co. Mission Viejo, CA 92691 18 Technology Drive, Ste 104 18-A Technology #104 Irvine, CA 92718 Irvine, CA 92618 Farouk T. Torki McCassy Qprt Richard Bernard Smith or Current Property Owner or Current Property Owner or Current Property Owner 25146 Rockridge Rd. 30441 Marbella Vista 30452 Marbella Vista Laguna Beach, CA 92653-7804 San Juan Capistrano, CA 92675-1724 San Juan Capistrano, CA 92675-171 James L. Davey Paul H. Kennard, TR Richard Jung or Current Property Owner or Current Property Owner or Current Property Owner 30482 Marbella Vista 30512 Marbella Vista 30461 Marbella Vista San Juan Capistrano, CA 92675-1718 San Juan Capistrano, CA 92675-1719 San Juan Capistrano, CA 92675-172 Charles E. Barker David Ostrow Kathleen S. Pleso or Current Property Owner or Current Property Owner or Current Property Owner 30421 Via Andalusia 30462 marbella Vista 30492 Marbella Vista San Juan Capistrano, CA 92675-1745 San Juan Capistrano, CA 92675-1718 San Juan Capistrano, CA 92675-171 Eberhard S. Neutz Joseph S. Cervi Peter D. Prescott or Current Property Owner or Current Property Owner or Current Property Owner 909 Emerald Bay 30451 Marbella Vista 30442 Marbella Vista Laguna Beach, CA 92651-1229 San Juan Capistrano, CA 92675-1724 San Juan Capistrano, CA 92675-171 Robert B. Martensen Thomas P. Liljegren Dorraine W. Tappe or Current Property Owner or Current Property Owner or Current Property Owner 30472 Marbella Vista 30502 Marbella Vista 30532 Marbella Vista San Juan Capistrano, CA 92675-1718 San Juan Capistrano, CA 92675-1719 San Juan Capistrano, CA 92675-171 Ted Newell Hales, TR or Current Property Owner 30542 Marbella Vista San Juan Capistrano, CA 92675-1719 32400 PASEO ADELANTO i © MEMBERS OF THE CITY COUNCIL SAN JUAN CAPI5TRANO,CA 92675 4W! OLLENE CAMPBELL J (949)493-1 171 4�1' OHN R munomu W VATT HART HART (949)493-1059 (FAX) uuuuru 1961 GILJONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH July 10, 1998 Dr. Theodore Witt 26932 Oso Parkway, Suite 280 Mission Viejo, California 92691 Re: Public Hearing Regarding Sale of a Portion of Helicopter Hill Park Site/Open Space Lot Dear Dr. Witt: At their meeting of July 7, 1998, the City Council of the City of San Juan Capistrano adopted Resolution No 98-7-7-3, which set a public hearing regarding your request to purchase a portion of the Helicopter Hill Park Site/Open Space area adjacent to your lot in Tract 12954. The public hearing will be held on August 4, 1998, in the City Council Chambers and a copy of the staff report and agenda for that meeting will be forwarded to you. A copy of Resolution No. 98-7-7-3 is enclosed for your information. Please feel free to contact Tony Foster at 443-6351 if you have any questions. Very truly yours, Cheryl JohnIn City Clerk Enclosure cc: Marbella Property Owners Association Adjacent Property Owners Engineering and Building Director Tony Foster DRUG USE IS AS, San Juan Capistrano: Preserving the Past to Enhance the Future G51 8. APPROVAL OF LICENSE AGREEMENT FOR IMPROVEMENTS IN THE l P LIC RIGHT-OF-WAY RELATING TO ENTRY GATE ON MALASPINA 11 ROAh(TRACT 9184 MALASPINA HOMEOWNERS ASSOCIATION) 600.30 As set fo n the Report dated July 7, 1998 from the Director of Engineering and Building, the Mayor an City Clerk were authorized to execute the License Agreement between the Malaspina Ho owners Association and the City for installation of an entry gate and related facilities on the p lic portion of Malaspina Road. The City Clerk was authorized to forward the Agreement to Orange County Recorder for Recordation. 9. APPROVAL OF AG MENT FOR SLOPE DISPLACEMENT WARRANTY PROGRAM-TRACTS 11966 AND 13437 TAYLOR WOODROW HOMES AND WARMINGTON SAN JU HILLS L.P. 600.30 As set forth in the Report dated JdX 7, 1998 from the Director of Engineering and Building, the "Agreement Establishing Slope tsplacement Warranty Program" for Tracts 13866 and 13437 was approved and the City Clerk was authorized to forward the Agreement to the Orange County Recorder for recordation, \\ 10. AWARD OF DESIGN SERVICES CONTRACT. SAN JUAN CAPISTRANO TRAFFIC MODEL (AUSTIN-FOUST ASS6.kCIATES, INC.) (CIP NO. 127) 6k 00.30) As set forth in the Report dated July 7, 1998 from theDi ctor of Engineering and Building, the Agreement to develop the San Juan Capistrano Traffic o of was approved with Austin- Foust Associates, Inc. in the amount of$56,600. 11. APPROVAL OF AMENDED FINAL MAP AND SUBDIVISIONIMPROVEMENT AGREEMENT, TRACT 14379, PEPPERWOOD ESTATES��(SAN JUAN ENCLAVE. LLC (6Z 00.30) Asset forth in the Report dated July 7, 1998 from the Director of Engineeri and Buildint, the Amended Final Map and Subdivision Improvement Agreement, act 14379, Pepperwood Estates was approved and the City Engineer and City Clerk were a6thhorized to execute the Amended Final Map. The Mayor and City Clerk were authorized to execute the Amended Subdivision Improvement Agreement and accept the corresponding sectwities. The City Clerk was directed to forward the Amended Map and Amended Subdivt, ion Improvement Agreement to the County Recorder for recordation. 12. ADOPTION OF RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING REGARDING SALE OF A PORTION OF THE HELICOPTER HILL PARK SITE (WITT) (600.30) As set forth in the Report chatted July 7, 1998 from the Director of Engineering and Building, the following Resolution setting a Public Hearing for August 4, 1998,regarding the proposed City Council Minutes -5- 7/7/98 sale of 2,160 square feet of unimproved land in the Helicopter Hill Park Site/Open Space area to Dr. Theodore Witt for the sum of$14,990 was adopted: RESOLUTION NO. 98-7-7-3, SETTING PUBLIC HEARING FOR SALE OF PROPERTY - PORTION OF HELICOPTER HILL PARK SITE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE SALE OF 2,160-SQUARE- FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE(LOT B, TRACT 12954) TO DR. THEODORE WITT, OWNER OF LOT 103, TRACT 12954 \APPROVALOFA ANCE OF PUBLIC WATER FACILITIES LOCATED AT 33395 CAPISTRANO, PARCEL 2, PM 85-306 (TOYOTA AUTO SHIP) th in the Report dated July 7, 1998 from the Director of Engineering and Building, c water improvements located at 33395 Camino Capistrano were accepted for o the Capistrano Valley Water District. The release of corresponding water en ureties was authorized and the City Clerk was authorized to file the Notice of ion wi the Orange County Recorder. AL OF A NDATORY AGREEMENT-CITY WEED AND THISTLE ABATEMENT/CONT L STEWART AND ASSOCIATES 600.30) As set forth in the Report ted July 7, 1998 from the Director of Public Works, the Amendatory Agreement for Cit Weed and Thistle Abatement/Control with Stewart and Associates reducing the level of to liability insurance required by the agreement to $500,000 combined single limit was a roved. 15. APPROVAL OF REFERRAL TO HE EQUESTRIAN FACILITY SUBCOMMITTEE UNSOLICITED OFFER O DEVELOP ANEQUESTRIAN STABLE OPERATION ON THE CITY'S NOR WEST OPEN SPACE 930.40) As set forth in the Report dated July 7, 1998 from the 'ty Manager,the unsolicited offers received from Jerry Harris of Elite Equestrian Service , and from Douglas Dunlap, to develop an Equestrian Stable Operation on the Northwest O n Space were referred to the Equestrian Facility Subcommittee for review. The Subcomm' ee was also requested to generate a recommendation on addressing future unsolicited offer With the consensus of Council, Mayor Jones directed that the following item withdrawn from consideration at the request of Caltrans: City Council Minutes -6- 7/7/98 AGENDA ITEM July 7, 1998 TO: George Scarborough, City Manger FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of a Resolution Setting a Date and Time for a Public Hearing Regarding Sale of a Portion of Helicopter Hill Park Site/Open Space (Lot B, Tract 12954, Marbella/Witt) RECOMMENDATION: Adopt the Resolution setting a Public Hearing for August 4, 1998, regarding the proposed sale of 2,160 square feet of unimproved Park Site/Open Space to Dr. Theodore Witt. SITUATION: A. Summary and Recommendation: Dr. Theodore Witt, owner of Lot 103, Tract 12954, Marbella, has requested City consideration regarding sale of 2160 square feet of the Helicopter Hill Park Site/Open Space. The area proposed for sale is a 10' wide strip of land along the west and north boundaries of Lot 103 (Attachment 1). Dr. Witt has made this request due to the location of a retaining wall constructed by Marbella development. Helicopter Hill was dedicated as a park site but is utilized as an unimproved Open Space area. The area proposed for sale is a steep hillside adjacent to Marbella Vista and is unaccessible to the general public. Staff recommends approval of the sale after notification of a pending Public Hearing set for August 4, 1998. B. Background: In 1989, during development of the parcels surrounding the Marbella Golf and Country Club, a retaining wall was approved and constructed outside the boundary of Lot 103, within Lot B, Helicopter Hill. Dr. Theodore Witt, present owner of Lot 103, desires to incorporate this area into his parcel in order to maintain the retaining wall and the area surrounding the wall. Additional space has been included behind the wall for installation of a V-ditch, which is necessary to carry storm water around the top of the retaining wall. The proposed method of sale has been reviewed and approved by the City Attorney. The sale will take place after a duly advertised Public Hearing slated for August 4, 1998, and completion of a Lot Line Adjustment,which will join the 2160 square feet of Park Site to Lot 103. The Lot Line Adjustment and corresponding deeds will be provided by Dr. Witt. AGENDA ITEM -2- July 7, 1998 ---------------- COMMISSIONBOARD REVIEW AND RECOMMENDATION: The sale and sale price was reviewed and approved by the Parks, Recreation and Equestrian Commission at their June 15, 1998, meeting. The Commission also recommended that Dr. Witt's maintenance responsibility regarding the retaining wall be clearly defined. Said maintenance responsibility will be defined in the final Resolution to be presented at the August 4th meeting. FINANCIAL CONSIDERATIONS: The area to be sold is 2160 square feet. The City's Park and Recreation Fee is based on $302,500 per acre. Using that amount as a basis for the sale cost results in a sale price of$14,990. Said funds will be deposited into the Parks and Recreation Fund. NOTIFICATION: All properties within 300' of Lot 103 per the attached list, and the Marbella Homeowners Association. ALTERNATE ACTIONS: 1. Adopt the Resolution setting a time and place for a Public Hearing. 2. Do not adopt the Resolution. 3. Request additional information from Staff. RECOMMENDATION: Adopt the Resolution setting a Public Hearing for August 4, 1998, regarding the proposed sale of 2,160 square feet of unimproved Park Site to Dr. Theodore Witt. Respectfully ssubmitt�edd,,jJ Prepared by, William M. Huber '-R. Anthony Foster Director of Engineering and Building Engineering Assistant Attachments: Location Map Resolution 98-7-7- Notification List OR ... some,,. age PAIS ift ..$so go, '40 $" yyR • $so 0 10 UN . ........... 10 Coo, �7 7-- 123'— Vol' all OATTACHMENT 3 NOTIFICATION LIST Marbella Property Owners Association c/o Merit Property Management Farouk Torki Richard Smith Paul Kennard Charles Barker Kathleen Pleso Joseph Cervi Robert Martensen Dorraine Tappe Dr. Theodore Witt Diane Mellring McCassy Qprt James Davey Richard Jung David Ostrow Eberhard Neutz Peter Prescott Thomas Liljegren Ted Hales witnotlst RESOLUTION NO. 98-7-7-3 SETTING PUBLIC HEARING FOR SALE OF PROPERTY - PORTION OF HELICOPTER HILL PARK SITE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA,INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE SALE OF 2,160-SQUARE-FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE(LOT B,TRACT 12954)TO DR. THEODORE WITT, OWNER OF LOT 103, TRACT 12954 WHEREAS, the City of San Juan Capistrano is the owner of Lot B, Tract 12954, Helicopter Hill park site/open space; and, WHEREAS, during construction of the Marbella Golf and Country Club, the developer installed a retaining wall within Lot B, adjacent to Lot 103 of Tract 12954; and, WHEREAS,the present owner of Lot 103, Dr. Theodore Witt, desires to complete and maintain said retaining wall and incorporate the area surrounding the wall into Lot 103; and, WHEREAS, Dr. Witt has agreed to purchase that portion of Lot B encumbered by said retaining wall and produce a Lot Line Adjustment to incorporate said area into Lot 103. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The City Council hereby declares its intention to sell 2,160- square-feet of Lot B, Tract 12954, Helicopter Hill. SECTION 2. The proceedings initiated by this Resolution are to be conducted under the Streets and Highways Code Sections 8320 et. seq. SECTION 3. The City Council of the City of San Juan Capistrano hereby sets a Public Hearing date on these proceedings for August 4, 1998,at 7:00 p.m.,in the City Council Chambers, located at 32400 Paseo Adelanto, San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 7th day of July , 1998. GIL ONES, MAYOR ATTEST: i CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I,CHERYL JOHNSON,City Clerk of the City of San Juan Capistrano,California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-7-7-3 adopted by the City Council of the City of San Juan Capistrano,California, at a regular meeting thereof held on the 7th day of July 1998, by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: Council Member Greiner (SEAL) CHERYL JORNSON, CITY CLERK 2_ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) (Pursuant to Government Code Section 65091) I,Tony Foster,hereby declare that on July 16, 1998,I posted one(1)copy of Resolution No.98-7-7- 3 Setting the Public Hearing for the Sale of 2,160-square-feet of the Helicopter Hill Park Site/Open Space (Lot B, Tract 12954) in a conspicuous location along said property. I declare under penalty of perjury that the foregoing is true and correct. Dated this 17th day of July, 1998. Tony F ster, Senior Engineering Technician RESOLUTION NO. 98-7-7-3 SETTING PUBLIC HEARING FOR SALE OF PROPERTY - PORTION OF HELICOPTER HILL PARK SITE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA,INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE SALE OF 2,160-SQUARE-FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE(LOT B,TRACT 12954)TO DR. THEODORE WITT, OWNER OF LOT 103, TRACT 12954 WHEREAS, the City of San Juan Capistrano is the owner of Lot B, Tract 12954, Helicopter Hill park site/open space; and, WHEREAS, during construction of the Marbella Golf and Country Club, the developer installed a retaining wall within Lot B, adjacent to Lot 103 of Tract 12954; and, WHEREAS,the present owner of Lot 103, Dr. Theodore Witt, desires to complete and maintain said retaining wall and incorporate the area surrounding the wall into Lot 103; and, WHEREAS, Dr. Witt has agreed to purchase that portion of Lot B encumbered by said retaining wall and produce a Lot Line Adjustment to incorporate said area into Lot 103. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The City Council hereby declares its intention to sell 2,160- square-feet of Lot B, Tract 12954, Helicopter Hill. SECTION 2. The proceedings initiated by this Resolution are to be conducted under the Streets and Highways Code Sections 8320 et. seq. SECTION 3. The City Council of the City of San Juan Capistrano hereby sets a Public Hearing date on these proceedings for August 4, 1998,at 7:00 p.m.,in the City Council Chambers, located at 32400 Paseo Adelanto, San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 7th day of July _' 1998. GIL ONES_MAYOR ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I,CHERYL JOHNSON,City Clerk of the City of San Juan Capistrano,California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-7-7-3 adopted by the City Council of the City of San Juan Capistrano,California, at a regular meeting thereof held on the 7th day of July 1998, by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: Council Member Greiner (SEAL) 6 CHERYL JOHNSON, CITY CLERK 2-