Ordinance Number 1015 ORDINANCE NO. 1015
N F
AN ORDINANCE THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
EXTENSION TO THE"DEVELOPMENTAGREEMENT BYAND BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND JERRY W.AND NANCY C.
NEELY AS TRUSTEES OF THE NEELY FAMILY TRUST OF MARCH 3,
1989"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals & Findings.
1. M.Andriette Culbertson, on behalf of the Neely Family Trust has requested a twenty
(20)year extension to a Development Agreement, entitled"Development Agreement
by and between the City of San Juan Capistrano and Jerry W. and Nancy C. Neely
as Trustees of the Neely Family Trust of March 3, 9989" approved by the City
Council on November 16, 1999; and,
2. The project has been reviewed in accordance with the California Environmental
Quality Act(CEQA)and the City's Environmental Administrator has determined that
the project is exempt from further review pursuant to Section 15061(b)(3) of the
CEQA Guidelines establising the "general rule" provision which states that, "[A
project is exempt from CEQA if] the activity is covered by the general rule that
CEQA only applies to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA;" and,
3. The City Council conducted a duly-noticed public hearing on June 3, 2014, pursuant
to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider
the draft development agreement, and to consider public testimony on the proposed
agreement, and has considered all relevant public comments.
SECTION 2. Amendment.
Pursuant to Government Code Sections 65864 et. seq., the City Council does hereby
approve and adopt the"FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by and
between THE CITY OF SAN JUAN CAPISTRANO and Jerry W. and Nancy C. Neely, as
Trustees of the Neely Family Trust of March 3, 1989," as provided by Exhibit A, attached
hereto and incorprated herein. The Mayor is hereby authorized to execute said agreement
on behalf of the City of San Juan Capistrano.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED,APPROVED AND ADOPTED this 17`d day of June 2014.
-s-AMfALLEVA , MAYOR
\ Ill
ATTE T
MARIA IS CITY C
II
Page 2 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1015 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3" day of June 2014, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 17th day of June
2014, by the following vote, to wit:
AYUNCIL MEMBERS: Byrnes, Kramer, Reeve, Allevato and Mayor Taylor
NO S UNCIL MEMBERS: None
AB E UNCIL MEMBERS: None
MART Y L K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 12" day of June 2014, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
EXTENSION TO THE"DEVELOPMENTAGREEMENT BYAND BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND JERRY W. AND NANCY C,
NEELY AS TRUSTEES OF THE NEELY A IL TRUST OF MARCH 3,
1989"
r
This document was posted in the Office of the it r
MARIA , CITY CL
.—. San Jua apistrano, Calirnia
Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 24th day of June 2014, 1 caused to be posted a certified copy of Ordinance No.
1016, adopted by the City Council on June 17, 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
EXTENSION TO THE"DEVELOPMENTAGREEMENT BYAND BETWEEN
THE CITY OF SAN JUAN CAPISTRAN ND J RRY W.AND NANCY C.
NEELY AS TRUSTEES OF THE NEE FAMI TRUST OF MARCH 3,
1989"
This document was posted in the Office of th C I k
MARIkolkRIS, CITY Cr)
Page 4 of 4
RECORDING REQUESTED BY:
Recorded in Official Records, Orange County
City of San Juan Capistrano Hugh N u en,Clerk-Recorder
32400 Paseo Adelanto 1 '1 jjjI1f 1I111 NO FEE
San Juan Capistrano, CA 92675 * $ R 0 0 o a s 0 a 2 1 1 8 .
2014000258576 2:47 pm 06130114
AND WHEN RECORDED, MAIL TO: 65 406 Al2 5
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 &6103 7
City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document:
First Amendment to Development Agreement between the City of San Juan Capistrano
and Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989
Exhibit A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMNJJO DEVELOPMENT AGREEMENT ("Amendment") is
entered into as of the 3 day of ane , 2014, by and between THE
CITY OF SAN JUAN CAPISTRANO (hereinafter collectively referred to as "City"), and
Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3,
1989 ("Property Owner").
RECITALS
A. City and Property Owner entered into that certain Development Agreement,
dated the 161h day of November, 1999 (the "Agreement"), pursuant to which the
City agreed to vest the zoning of the property of Property Owner pursuant to the
Municipal Code of the City of San Juan Capistrano, in exchange for Property Owner's
Waiver and Release with respect to a landslide that occurred on Property Owner's
property on May 1, 1998. In addition, Property Owner allowed other work to be
performed on its property associated with a series of land development and public
infrastructure proposals. Although Property Owner promptly complied, through no
fault of Property Owner or City, the development did not take place in the timeframe
contemplated. Section 9 of the Agreement allows for, inter afia, extension.
B. The Parties wish to modify certain terms of the Agreement in the manner set
forth in this Amendment, and the remainder of the Agreement remains in full
force and effect.
NOW, THEREFORE, City and Property Owner agree as follows:
Section 2 of the agreement is amended to read as follows:
The Development Agreement is for a period of an additional ten (10) years as measured
from the original expiration, to expire on November 16, 2029 unless extended. Two five
(5) year extensions may be requested. At the time of each extension request, the City
will evaluate only the aspect of whether a change in development fees has occurred. If
there has been a change in development fees, the City may memorialize that change as
part of the City's action on the extension request. By mutual agreement of the parties,
only the issue of a change in development fees will be considered in any extension
request, which shall not be unreasonably withheld.
Section 4(b) of the Agreement is amended to read as follows:
Development fees in effect as of the date of the approval of this First Amendment to
Development Agreement shall apply to a specific development plan subsequently
submitted to the City for review during the term of this Agreement.
IN WITNESS WHEREOF, the Parties have each caused this First
Amendment to Development Agreement to be duly executed as of the date first written
above.
CITY OF.SAN JUAN CAPPIISTRRANO
Sam Allevato, Mayor
M a r)&#orris, City CI k
APPROVED A TO FOR
Hans Van Ligten, Ci orn .
`-' PROPERTY OWNER
I'I-wad(l
W. NeelyAs Trustee of the Neely
Family Trust qLAarch 3, 1989
Nancy C. Neely s Trustee of the Ne y
Family Trust of March 3, 1989
State of California ACKNOWLEDGMENT
County of 1 p `
On e3 Sd OSIZA>I.S- _before me—J¢ a�a.( - f• d --1�1�(°"ti P r
(insert dA-A&
and title of ther)
�cf,�,
personally appeared 3 5° W' 1y Zy & NAA&Y C. I/�.Y
who proved to me on the bast of satisfactory evidence to be the pe on(s)whose na (s),Islare
subscribed to the within Instrument and acknowledged to me that helshe/they executed the same In
Me& rlthair authorized capacity(les),and that by N~ttheir signature(s)on the Instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
HEMAMSHU P.BADIWI m
WITNESS m hand and official seal. TAFrf h .Ct SON 17
i+IOTAffy iMJBIIC�t;Al,1FORNIA -t
'
14aMy
Tom
Oiler tcOaY W 7.2014
Signature (Seal)
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On June 24, 2013, before me, Maria Morris, City Clerk, personally appeared
Sam Allevato, Mayor, who proved to me on the basis of satisfactory evidence to the be person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity, and that by his/her/there signature on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument .
I certify under PENALTY OF PERJURY under the laws of the State of Cali fornia that the foregoing
paragraph is true and correct.
(SEAL)
WI 11 y nd and off�ial seal.
Ma ' orris, Ct y Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor
First Amendment to Development Agreement
Title between the City of San Juan Capistrano and
Jerry W. and Nancy C. Neely, as Trustees of
Signer is Representing the Neely Family Trust of March 3, 1989.
City of San Juan Capistrano
U
Memo
i To: Honorable Mayor and City Council
From: Christy Jakl, Deputy City Clerk
Date: July 7, 2014
Subject: Fiscal Year 2013-2014 Public Records Request Follow-up
At the City Council meeting of June 23, 2014, information was presented to the City Council
related to staff costs associated with Public Records Act requests. At the time of the meeting,
costs billed to the City for the City Attorney's review of Public Records Act requests were
unavailable. Adding the costs of staff time with City Attorney time, the total amount spent is
$32,453. Below please find the billed costs to the City as provided by Rutan & Tucker and
attached for reference is the staff costs. Please be aware, casts from Rutan & Tucker for June
2014 are currently unavailable.
Month Request Hours Billed
August, 2013
General 4.5 hours $ 1030.50
September,2013
Froelich 1.6 hours $ 366.40
Reeve 3.3 hours $ 755.70
McCarthy3.4 hours $ 778.60
Worthington 1.2 hours $ 274.80
General 1.3 hours $ 297.70
October,2013
Froelich 7.05 hours $ 1,614.45
Reeve 17.95 hours $ 4,110.55
November,2013
Cuniff 2.3 hours $ 526.70
Reeve 13.8 hours $ 3,160.20
Smith .5 hours $ 114.50
General .3 hours $ 68.70
December,2013
Cuniff 1.4 hours $ 320.60
Reeve 1.1 hours $ 251.90
Februa 2014
McCarthy8.0 hours $ 1,832.00
March 2014
Cuniff 1.0 hours $ 229.00
McCarthy1.8 hours $ 412.20
Simpson 1.0 hours $ 229.00
April, 2014
Cuniff 2.25 hours $ 515.25
Ferguson .90 hours $ 206.10
Simpson 7.15 hours $ 1.637.35
May, 2014
i Simpson .40 hours $ 91.60
Total: $ 18 823.80
CC: Karen P. Brust, City Manager
Maria Morris, City Clerk