Resolution Number 06-11-21-03RESOLUTION NO. 06-11-21-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 05-12-20-02
(BELLADONNA ESTATES) RELATING TO MEET AND CONFER
CONDITION OF APPROVAL
WHEREAS, the City Council adopted Resolution 05-12-20-02 conditionally
approving a tentative subdivision map for 31 lots on December 20, 2005, and
WHEREAS, the City Council on December 20, 2005 added a condition on the
map approval providing that: "...the developer and neighbors adjacent to the
southwesterly access road meet and confer regarding resolving road maintenance
obligations as between the developer and neighbors for future road maintenance of the
southwesterly road access; that this meet and confer process be facilitated by city staff
with staff to report back to the City Council within 60 days regarding the results of the
meet and confer process", and
WHEREAS, a meet and confer session was held on February 8, 2006 between
' the developer of Belladonna Estates, city staff, an adjoining property owner, and a
facilitator regarding alternate solutions to mutual sharing of access road maintenance
obligations on February 8, 2006 as indicated in the July 3, 2006 City Council staff
report, and
WHEREAS, the City Council on February 21, 2006 extended an additional period
of 120 days for possible future meetings between the parties as indicated in the staff
report, and
WHEREAS, on July 3, 2006, the City Council at the mutual request of both
parties dated July 3, 2006 (attachment 1) further extended time to late September for
continued discussions, and
WHEREAS, it is reported by city staff that no mutual agreement has resulted
from these above referenced discussions as to an alternate road maintenance of the
southwesterly access road,
Page 1 of 2 11/21/2006
NOW, THEREFORE, the City Council hereby determines that the meet and confer
condition stated above has been satisfied, and it is hereby deleted from the tentative
map conditions of approval for this project.
PASSED, APPROVED, AND ADOPTED this 21st day of November, 2006.
1
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DAVID M. SW IN, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 06-11-21-03 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 21st day of November 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBER:
ABS T: . CIL MEMBER:
AB TAI 0 CIL MEMBER:
Clerk
[ART, BATHGATE, ALLEVATO AND MAYOR SWERDLIN
None
SOTO
Page 2 of 2
11/21/2006
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July 3, 2006
John R. Shaw, Esq. VIAX$f.',SjQME AND
City Attormy tAI
City of San Juan Capistrano
32100 Pasco Adelanto
Sao Juan Capistrano, CA 92675
R= Bdladoxw Esmrer Sabdlvttton dppl'o d-1
SndkweatolyA&v=Road Mafnrawwe Condldoa
' Dear Mr. Shaw-:
Yom letter to Art Bhtcha of J=c 16.2006, apparently arrived when he was out of the
country and, whom he Scully received the left sad tried to conua me last wcCL I was
out of the state attending depositions in Chicago.
Alter several uosueeessfid attempts to reach each other at the end of last week. Mac
Goldstein and I fimlly linimd up This morning by phone. We have wJmowledged to each
other, and b a*y confirm to you, that our reapxtive clients, the Bhtcbe s and the Scalzo
Family Ttuat, ransin committed to wanking together to reach an amicable resolution of
the (1) maontma nee issues for the access road and (2) the varsou other into that were
discussed at the initial mediatiat session held on February 8, 2006.
At this point, the Birkbers feel that, based on Rick Sealw's williagms to continue
nagotui ing a posnbla road association ag eametd and his stated desire to reach closure on
all Of ON other outstanding issues relating to dean aM landscaping, etc, let would be
productive for the G5ry to Author extend the "meat erre confer condition Old was
unposed on the tract map last December. Mr. Goldstein has indicated that bah be and
Mr. Scalzo we the wisdom of workday together with the other property owners in the
aai8hborhood to resolve the pending issues. As I uWastaod it, therefore, the Scalzo
Fanny Trod would oppose a folm extension of the condition to afford site pales
more time to try to reach an agmeemat.
Plane advise the Qty Council at tonight's weeting drat the parties would appreciate
additioeal time to explore a mutually -acceptable orsoludon of the issues that were put on
the table at the February 8a mediation session. Specifically, I would request dun another
Attachment 1
v.r.v.,ivo Mull in:iv tAA raa 6ZZ 2626 CB&G Q003
JUL 03--2006 2:39PM - MARC GOLDSTEIN 949 673-7444 ®00'
07/03/06 ROIs 15:24 FAX 649 022 2620 C6&C
john IL Shaw, Esq.
July 3, 2006
Pago 2
90 -day c tension of clue "meet-md-000W couditwn be gland to provide tM parties
with adequate time to negotiate bud docummrt ofdw remaidn 168m.
\ Mu*yowl,
M. Cootror
ACKNOWLEDGED AND AGREED
Mom Goldrtcu%Esq. —
Attorney for Scaho Family Trust