1991-0716_LUSK COMPANY, THE_AgreementRECEIVED
SEP 30 1 25 PM '41
CITY CLFf K
DEPA4TmN,T
CITY OF SA,y
JUAN Ci; lSiiHNJ
REQUESTED BY, AND
91=49638.5
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
4:00
p.m. SEP 12 1991
a. clvRecorder
WHEN RECORDED RETURN TO: Recording'fees exempt e to Govt
Code 6103. ocumen ry Transfer tax
City of San Juan Capistrano No co siderati n
32400 Paseo Adelanto
San Juan Capistrano, CA 92678
Attn: Cheryl Johnson, City Clerk Cheryl Jo sft GitClerx
San Jua Cnpigtr-no 2675
AGREEMENT ESTABLISHING SLOPE
DISPLACEMENT WARRANTY PROGRAM
THIS AGREEMENT ESTABLISHING SLOPE DISPLACEMENT WARRANTY
PROGRAM ("Agreement") is entered into as of July 16, 1991
1991, by and between THE LUSK COMPANY, a California corporation
("Lusk"), on the one hand, and THE CITY OF SAN JUAN CAPISTRANO
("City"), on the other hand.
A. Lusk is the developer of Parcels C and D of the Lomas
San Juan residential development located in the City of San Juan
Capistrano.
B. On June 6, 1989, the City Council of the City of San
Juan Capistrano ("Council") passed, approved and adopted
Resolution No. 89-6-6-4, approving Vesting Tentative Tract Map
13436. Pursuant to said Vesting Tentative Tract Map, Lusk
proposed to subdivide approximately seventy-eight (78) acres of
land located in the Lomas San Juan planned community into
seventy-six (76) lots to provide for the construction of 286
attached dwelling units.
C. The Council approved Vesting Tentative Tract Map 13436
subject to certain conditions, including:
1. Home Warranty: The provisions of Chapter 8-6 of
the Municipal Code (Home Warranty Ordinance) shall apply to
any person, firm or corporation selling or offering for sale
within the project three or more dwelling units - not
previously occupied for residential purposes - during any
12 -month period.
13. Sloye W, arranty: The developer shall participate
in the City's Slope Warranty Program.
7/10/91R12rf183-8 -1-
D. On June 6, 1989, the City Council of the City of San
Juan Capistrano passed, approved and adopted Resolution No.
89-6-68, approving Vesting Tentative Tract Nap 13437.
B. Pursuant to Vesting Tentative Tract Map 13437, Lusk
proposed to subdivide approximately one hundred forty-six (146)
acres of land located in the Lomas San Juan planned community
into two hundred sixty-six (266) lots.
F. The Council approved Vesting Tentative Tract Map 13437,
subject to certain conditions, including:
1. Rome Warranty: The provisions of Chapter 8-6 of
the Municipal Code (Rome Warranty Ordinance) shall apply to
any person, firm or corporation selling or offering for sale
within the project three or more dwelling units - not
previously occupied for residential purposes - during any
12 -month period.
13. Slope Warranty: The developer shall participate
in the City's Slope Warranty Program.
G. By this Agreement, Lusk shall satisfy in full
Condition 13 of the above -referenced resolutions.
H. By this Agreement, Lusk shall also satisfy its
obligations under Section 8-9.04 of the Municipal Code of the
City pertaining to financial security with regard to the City's
Home Warranty Program.
NOW, THEREFORE, in consideration of the premises and
promises hereinafter contained, Lusk and City agree as follows:
1.1 Warranty. Lusk warrants for a period of ten (10)
years after the date of final grading approval for each tract
within Parcels C and D, the manufactured slopes within each such
tract against slope displacement, as defined herein.
1.2
(a) displacement
two feet (2') or
more, regardless
involved, or (b)
with vertical mo
area of at least
depth and regard
Definition. "Slope Displacement" is defined as
of soil on a manufactured slope at a depth of
more with vertical movement of one foot (1') or
of cause, and regardless of the square footage
displacement of soil on a manufactured slope
vement of one foot (1') or more and involving an
nine hundred (900) square feet, regardless of
less of cause.
1.3 Exclusions. Slope Displacement does not include:
1.3.1 Surface cracking and fissures, including
without limitation desiccation cracks.
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1.3.2 Erosion, defined as the wearing away of
the surface of the slope, as opposed to movement of the slope,
resulting from the force of water, wind, persons or vehicles
moving over the surface, unless erosion ultimately results in
Slope Displacement.
1.4 Reserved Rights. Lusk reserves the right to
assert claims against any person or entity responsible in whole
or in part for displacement of soil on the slopes, whether
covered by this definition or not. This Agreement also reserves
the right of the homeowners associations for tracts within
Parcels C and D to assert claims against any person or entity,
including without limitation Lusk, responsible in whole or in
part for displacement of soil, whether covered by this definition
or not. These reserved rights are subject to any applicable
statutes of limitation, including without limitation the ten
(10) -year limitations period provided by California Code of Civil
Procedure Section 337.15.
1.5 Covered Repairs. During the first five (5) years
of the warranty program, Lusk will make or cause to be made all
repairs to correct Slope Displacement. These repairs will be
made at Lusk's sole expense. After the end of the fifth (5th)
year of the warranty program, repairs for Slope Displacement will
be financed out of the Homeowner Assessment Fund, defined below.
If the amount financed out of the Homeowner Assessment Fund is
insufficient to cover the cost of such repairs, Lusk shall
finance the remainder of said repair work not covered by the
Homeowner Assessment Fund out of its assets. In the event Lusk
fails to perform as provided herein, the City may draw upon
Lusk's security as provided hereinbelow.
1.8 Penalty. If, during the first five (5) years of
the warranty, or the second five (5) years as provided in Section
1.5 above, Lusk (or its successor) fails to make reasonably
necessary covered repairs, the City Attorney will provide written
notice to Lusk of such failure and provide Lusk with an
opportunity to pure. "Cure" will be defined as commencement of
reasonably necessary covered repairs by or on behalf of Lusk (or
its successor) within fifteen (15) calendar days of receipt by
Lusk (or its successor) of the notice. If Lusk (or its
successor) fails to oommence performance of such repair work
within fifteen (15) calendar days of Lusk's (or its suooessor's)
receipt of written notice of the condition as to which the repair
work is to be performed, from the City Attorney, then the Council
may, by resolution or other official Council action, after a
noticed public hearing, authorize the Director of Engineering and
Building ("Director") to draw upon Lusk's Slope Security, as
defined herein, to perform such work as is reasonably necessary
to remedy the condition as to which the repair work is to be
performed (the "Authorized Monies"). Lusk's Slope Security will
be vested such that the Director can access the funds after such
-3-
Council action and any judicial reference regarding such action,
pursuant to Section 1.8 below.
1.7 Public Hearing. Lusk (or its successor) will be
entitled to reasonable notice of such public hearing, will have
the right to appear at the hearing where the Council action is
considered, and will be entitled to assert any and all defenses
which Lusk (or its successor) may possess as to such Council
action, including without limitation a claim that the work
proposed to be performed is not within the scope of Lusk's
obligations under this Agreement or is not reasonably necessary.
1.8 Dispute Resolution. In the event of a dispute
between the City and Lusk (or its successor) involving any aspect
of the penalty provided for herein, including without limitation
the propriety of the Council action provided for herein, such
dispute shall be resolved by a judicial reference pursuant to
Section 4.8 below.
1.9 Deemed Reduction in L•usk's Contribution. Lusk
agrees and acknowledges that if such Council action is taken
properly, pursuant to this Agreement and under the laws of the
State of California, then as a penalty for the nonperformance by
Lusk (or its successor), Lusk's Slope Security will be deemed
(for purposes of the timing of recovery of Lusk's Slope Security
only) to have been reduced by an amount equal to the amount of
the Authorized Monies. Under those circumstances, Lusk's
recovery of its funding from the program will be delayed until
the homeowner assessments build sufficiently to compensate for
the deemed reduction in Lusk's Slope Security.
2. Security and Funding for the Slope warranty Program.
Lusk shall secure its slope displacement warranty obligations as
provided herein by posting a form of security acceptable to the
City in a form approved by the City, in the amount of $464,000,
with the City within five (5) days following Lusk's receipt of
final grading approval from the City covering all of the tracts
located within Parcels C and D. Total funding and security for
the slope warranty program will be $964,000, consisting of Lusk's
security in the amount of $464,000 ("Lusk's Slope Security") plus
$500,000 in anticipated homeowner assessments and interest
thereon. The homeowner assessments and interest thereon shall be
referred to as the "Homeowner Assessment Fund." The homeowner
assessments will commence on a per -lot basis as esorows for the
lots close, consistent with the regulations of the California
Department of Real Estate. The security described in this
Section shall be in addition to the security required by Section
3 of this Agreement.
2.1 Release of Lusk's Slope Security. Lusk's Slope
Security covering the slope warranty program will be immediately
released by City upon the expiration of the ten (10) year
warranty period.
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W
to reduce the amount of security posted to an amount acceptable
'to the City prior to the expiration of the warranty period
covering the last unit sold by Lusk.
The deposit of said cash into the Home Warranty
Account or the posting of said security (collectively referred to
herein as the "Home Warranty Security"), shall satisfy Lusk's
obligations under Section 8-9.04 of the City's Municipal Code.
The security described in this Section 3 shall be in addition to
the security required by Section 2 of this Agreement.
�.�w7rdr-w4 : • .
4.1 The slope warranty provided herein will apply
only to manufactured slope areas within the boundaries of the
final tracts within Parcels C and D, prepared by or on behalf of
Lusk. The warranty expressly excludes slope displacement or any
other soils movement or failure of slopes, regardless of cause,
on or from the ridge line area.
4.2 Appropriate provisions in the Covenants,
Conditions and Restrictions ("CC&R's") and in the deeds will
grant Lusk an exclusive license and right to enter onto common
areas and individually -owned lots so that Lusk or its agents can
maintain and inspect all landscaping, irrigation and drainage
devices, and all other natural and artificial conditions which
affect or might affect the integrity of the slopes which are the
subject of the warranty.
4.3 City shall determine the scope of repair work
under this Agreement and Lusk shall direct the work. Such work
will be performed by an entity selected by Lusk and compensated
during the first five (5) years of the slope warranty by Lusk and
during years six through ten (6-10) of the slope warranty from
the Homeowner Assessment Fund.
4.4 Any proposed alterations by homeowners to the
landscaping, grading, irrigation or drainage on their
individually -owned property will be subject to review by the
board of the appropriate homeowners associations.
4.5 In years six through ten (8-10) of the warranty,
an independent claims adjusting service, selected by Lusk and the
City and compensated from the Homeowner Assessment Fund, will
adjust all claims for work which are claimed to be within the
coverage of the warranty. Claims asserted to be within the
coverage of the warranty will be processed by forms provided by
the board of the homeowners associations and filed with the
independent adjuster, who will promptly adjust such claims after
obtaining from Lusk an analysis of the scope and cost of
necessary repair work.
go
2.2 Deposited Funds. The Homeowner Assessment Fund
will be maintained with a financial institution mutually agreed
upon by Lusk and City. However, the homeowners associations will
be permitted to move the Homeowner Assessment to another
institution at their option after the homeowners take control of
the associations and Lusk's control of the associations has
ceased, pursuant to the regulations of the California Department
of Real Estate.
3. Security for the City Home Warranty Prodr m, Lusk
shall secure its obligation under the City Home Warranty Program,
as provided herein, by posting cash or other security acceptable
to the City, in amounts equivalent to one percent (1%) of the
aggregate valuation used to determine building permit fees of
those dwelling units subject to the City Home Warranty Program.
More specifically, prior to the City's issuance of a Certificate
of Occupancy pertaining to a particular unit, Lusk shall deposit
cash equivalent to one percent (1%) of said unit's building
permit valuation into an account established with a financial
institution selected by Lusk and approved by City ("Home Warranty
Account"). Each deposit made into the Home Warranty Account
shall remain there for the duration of the three (3) year
warranty period of the subject unit. At the termination of the
three (3) year warranty period for a particular unit the amount
deposited into the Home Warranty Account with regard to said unit
shall be immediately released to Lusk, until such time that there
are 100 units still within the 3 -year warranty period and covered
by the Home Warranty Agreement between Lusk and the respective
buyer of each unit, at which time no further money shall be
released from the Home Warranty Account until such time as the 3 -
year warranty period has expired for all of the remaining units
within Lusk's development.
The Home Warranty Account shall constitute a
revolving fund from which the City may withdraw funds should Lusk
default in its obligations pursuant to a "Home Warranty
Agreement" entered into by Lusk and each buyer of a unit subject
to the City Home Warranty Program. In the event the Home
Warranty Account is established as an interest-bearing account,
all interest earned shall belong to Lusk.
In the event Lusk determines to post security
with the City, as opposed to the cash deposits referenced above,
said security, which shall be in a form acceptable to the City,
shall be posted prior to the issuance by the City of a
Certificate or Certificates of Occupancy pertaining to a
particular unit or units. The amount of said security shall be
equivalent to one percent (1%) of the aggregate building permit
valuation of the unit or units to be covered by the security to
be posted. Said security shall remain in place until the
expiration of the three (3) year warranty period covering all of
the units within Lusk's development, unless the City permits Lusk
ILE
4.6 Individual purchaser deeds and the CC&R's will
reference the slope warranty provided herein.
4.7 During the period of Lusk's control of the
homeowners associations, Lusk will be responsible for the
collection of assessments and placement of such assessments into
the accounts referenced herein. During such period, Lusk will
report to the Director of Engineering and Building of the City of
San Juan Capistrano the incidence of covered and noncovered
claims, as well as the balances in the account containing the
Homeowner Assessment Fund as of the date of the report. Lusk
will make such reports on or before March 31 and September 30 of
each year in which Lusk retains control of the homeowners
associations. Thereafter, the collection and reporting
responsibilities with respect to the Homeowner Assessment Fund
will devolve upon the board of directors of the involved
homeowners associations. After Lusk's control of each homeowners
association has ceased, the board of each such association will
report to Lusk the incidence of covered and noncovered claims, as
well as the balance in the Homeowner Assessment Fund as of the
date of the report. Such reports will be made on or before
March 31 and September 30 of each year. Each such board will
also provide to Lusk at Lusk's request any further information
and documentation as is reasonably necessary to effectuate the
purposes of this Agreement.
4.8 Dispute Resolution. Any dispute arising out of
this Agreement shall be heard by a reference"pursuant to the
provisions of California Code of Civil Procedure Section 638
et sea., for a determination to be made which shall be binding
upon the parties as if tried before a court or jury.
4.8.1 Within five (8) business days after
service of a demand by a party hereto, the parties shall agree
upon a single referee who shall then try all issues, whether of
fact or law, then report a finding and judgment thereon. If the
parties are unable to agree upon a referee, either party may seek
to have one appointed, pursuant to California Code of Civil
Procedure Section 640, by the presiding judge of the Orange
County Superior Court.
4.8.2 The compensation of the referee shall be
such charge as is customarily charged by the referee for like
services. The cost of such proceedings shall initially be borne
equally by the parties. However, the prevailing party in such
proceedings shall be entitled, in addition to all other
attorney's fees and costs, to recover its contribution for the
cost of the reference as an item of recoverable costs.
4.8.3 The referee shall apply all California
rules of procedure and evidence and shall apply the substantive
law of the State of California in deciding the issues to be
heard.
-7-
4.9 The parties to this Agreement agree to perform
such other and further ants and execute such other and further
documents as are necessary to effectuate the intent of this
Agreement.
4.10 The headings in this Agreement are inserted for
convenience and identification only and are in no way intended to
describe, define, or limit the scope, intent or interpretation of
this Agreement or any provision hereof.
4.11 No party or any agent, employee, representative,
or attorney of or for any party has made any statement or
representation to any other party regarding any fact relied upon
in entering into this Agreement, and no party relies upon any
statement, representation or promise of any other party or of any
agent, employee, representative, or attorney of any other party,
in executing this Agreement, or making this settlement provided
for herein, except as expressly stated in this Agreement.
4.12 This Agreement is the entire agreement between
the parties with respect to the subject matter hereof and
supersedes all prior and contemporaneous oral and written
agreements and discussions. This Agreement may be amended only
by an agreement in writing.
4.13 This Agreement is binding upon and shall inure to
the benefit of the parties hereto, their respective agents,
employees, representatives, assigns, heirs, and successors in
interest.
4.14 Each party has cooperated in the drafting and the
preparation of this Agreement. Hence, in any construction to be
made of this Agreement, the same shall not be construed against
any party. This Agreement shall be construed under California
law.
4.15 This Agreement may be executed in counterparts,
and when each party has signed and delivered to the other at
least one such counterpart, each counterpart shall be deemed an
original, and when taken together with the other signed
counterparts, shall constitute one agreement, which shall be
binding upon and effective as to all parties.
4.16 All notices given pursuant to this Agreement and
all documents to be transmitted shall be sent by United States
mail, postage prepaid, certified return receipt requested, as
follows:
ffm
,
0 4 -
To Lusk: The Lusk Company
17880 Gillette Avenue
P.O. Box C-19860
Irvine, CA 92713
Attn: David Steffensen
Associate General Counsel
To City: The City of San Juan Capistrano
(Slope Warranty 32400 Paseo Adelanto
Program) San Juan Capistrano, CA 92675
Irvine, California 92713
Attn: Director of Engineering and
Building
To City: The City of San Juan Capistrano
(Home Warranty 32400 Paseo Adelanto
Program) San Juan Capistrano, CA 92678
Irvine, California 92713
Attn: Director of Administrative
Services
8. Substitution of Insurance Policy. Lusk reserves the
right to request, during the term of both the ten-year slope
warranty period and the three-year Home Warranty period,
substituting an insurance program to meet its slope warranty
and/or Home Warranty obligations, as provided herein. Said
insurance program shall be subject to the review and approval of
City prior to its implementation.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Establishing Slope Displacement Warranty Program as of
the date and year first above written.
Dated: July 16, 1991 THE CITY OF SAN JUAN CAPISTRANO
By
Kennethh. Friess,/Mayor
City Cler
Dated: July 5, 1991 APPRGVED i
THE LIISK P LEGAL DEPT. f
a Cali 0 p ra n j
;y' Oi9IiER
By:
7
TE
1
Thomas
By:
Assistant Secretary
CORPORATE ACKNOWLEDGMENT
State of California
County of
Orange
ISS.
OFFICIAL SEAL
CHERYL A. JOHNSON
" NOTARY PUBLIC - CALIFORNIA
OMGE COIMTY
MY comm, expires DEC i3, 1993
On this the 16th day of
Cheryl A Johnson
the undersigned Notary Public, personally appeared
19—q1L, before me,
----"-- Kenneth E. Friess--`----
gi personally known to me
proved to me on the basis of satisfactory evidence
to be the person( c
�x t in
the Within in ruer
Mo, — $� an JUan �apiE
named, and
WITNESS my hand and official seal.
ATTENTION NOTARY: Although the mfomlatm requested below M OPTIONAL, it could prevent fmuWIwt attachment of thl9 certificate to another daamtent
THIS CERTIFICATE Title or Type of Document Slope Displacement Wnrrnnt-y program
MUST BE ATTACHED Number of Pages 9 Date of Document JulY 16, 1991
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above The Lusk Company
In.
CAT. NO. NNO0737
TO 1945 CA (8-84)
(Corporation)
STATE OF CALIFORNIA
NO. a72
o rWIONALNOVkRYAS4O17gN•8Zl RNM*Am.•P.O. Bin 7184-CWgpa PWk,CA 91301-1184
dP TICOR TITLE INSURANCE
COUNTY OF ORANGE 1 SS'
On July 5, 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared 1 lalll R. Brasher
personally known to me or proved to me on the basis
of satisfactory evidence to be the pergon who executed
the within instrument as the Vice
President, and Donald D. Steffensen
personally known to me or
proved to me on the basis of satisfactory evidence to be
the ersop who executed the within instrument as the
Xsslstant
OFFICIAL SEAL.
Secretary of the Corporation
ROBIN ELISE HERNDON
that executed the within instrument and acknowledged
40
NOTARY PUBLIC-CAUPONAA
to me that such corporation executed the within instru-
ORANGE COUNTY
ment pursuant to its by-laws or a resolution of its
*Caao. E'PM Aug. 19,1491
board of directors.
WITNESS tg1d official YC9j.
area for official notuW scall
0
As set forth in the Report dated June 6, 1995, from the Director of Engineering and Building,
the plans and specifications were approved for the installation of drainage on Calle Delgado.
Staff was authorized to call for bids.
4. RESOLUTION ASSIGNING THE IMPROVEMENT AGREEMENTS FOR
TRACTS 13436. 13437. 13865_ AND 13866 (=LENFED AREAS C AND D)
FROM THE LUSK CONVANY TO GLENDALF FEDFRAL RANK (GLENFED)
(600.30)
As set forth in the Report dated June 6, 1995, from the Engineering and Building Director,
the following Resolution was adopted: 1) assigning the Improvement Agreements from the
Lusk Company to Glendale Federal Bank for Tracts 13436, 13437, 13865, and 13866, and
2) approving the substitution of the Lusk Company bonds with equivalent sureties from
Glenfed:
1 03 *161 R INr M ► ► • ►1u17)eI • I kVj I W MILTV45171►Y
uI:IeI vmwI•m :L61% t:2Q 1; wa,91:13 rrIII r Cal ♦ •
MAIN P 1
1 •• "• 1 I 171 • 1 1" • 1
• THE SURETY SUBSTITUTIONTO TRANSFER ALL
• •• 7171' :. :.. �
The Report advised that through foreclosure the land had been returned to Glendale Federal
Bank and the improvement work would be their responsibility until sale of the land to Taylor -
Woodrow Homes is completed. The Assignment of interests will be forwarded to the Orange
County Recorder's Office for recordation,
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Written Communications:
(1) the Report dated June 6, 1995, from the Director of Engineering and Building,
advising that as a member of SERRA, the City must approve the Authority's 1995-96
annual budget and adopt the city's proportionate share of that budget.
City Council Minutes -3- 6/6/95
Applicant:
• f
Mr. Paul Farber
• Franciscan Plaza Investment Group
31831 Camino Capistrano, Suite 100
San Juan Capistrano, CA 92675
Written Communication:
Report dated April 18, 1995, from the Administrative Services Director, recommending that
this item be tabled indefinitely at the request of the applicant.
Motion to Table Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that this item be tabled at the request of the applicant.
Council recessed at 7:34 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:35 p.m. as the City Council.
.sut t► .ter t t •�
' • Nti �r
Report dated April 18, 1995, from the Planning Director, recommending that the proposed
modifications to the Soils Warranty Program for Lomas San Juan Areas C and D be
approved, based on the findings that the modified program provides the same safeguards as
the original schedule and will not result in a decrease in the amount of initial funds available
to the Homeowners Association. The report noted that Area C-1 did not contain slope areas
within the subdivision and would not be required to participate in the program The amount
of contributions would not be changed by the exclusion of Area C-1, since contributions were
based on the amount of manufactured slopes within the various development areas. The
developments required to participate in the program were located within Areas C-2, D-1 and
D-2.
Mr. Tomlinson gave an oral presentation. He recommended that proposed Condition #7 be
modified to delete the words "as a result of improper design or construction" in the first
sentence.
0 City Council Minutes -7- 4/18/95
Approval of Modified Implementation Program for Gle fed Areas C and D:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that the modified implementation program for Glenfed Areas C and D
be approved, with the modification to Condition #7 deleting the words "as a result of
improper design or construction" in the first sentence.
PDXXORNIFAILIN4WIN W11
' •• • 0 RANTIOTll • • J l •' 1r�
Written Communication:
Report dated April 18, 1995, from the Public Lands and Facilities Director, recommending
that a request to name the tot lot portion of a proposed park at San Juan Creek Road and
Camino Lacouague "Honey Tot Lot" in memory of Jack Gottfried's dog, Honey, be
approved, and that Mr. Gottfhed's donation to the park construction fund in the amount of
$5,000 be accepted.
Jack Galaviz, Maintenance Superintendent, made an oral presentation.
Approval of Name for Tot Lot and Acceptance of Donation:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the tot lot portion of a proposed park at San Juan Creek Road and
Camino Lacouague be named "Honey Tot Lot" in memory of Jack Gottfried's dog, Honey,
and that Mr. Gottfried's donation to the park construction fund in the amount of $5,000 be
accepted.
2. CITY CONTRACT EXTENSIONS FOR- (60030)
a. City Building and Facilities Janitorial Services (Saddleback Community Enterprises)
b. City Park Restroom Janitorial Services (Saddleback Community Enterprises)
C. Sanitary Sewer Line Maintenance (Empire Pipe Cleaning & Equipment)
d. City Street Light Maintenance and Repair (C.B. Electric)
Written Communication:
Report dated April 18, 1995, from the Public Lands and Facilities Director, recommending
that the existing contracts for specified janitorial services, sanitary sewer line maintenance and
street light maintenance be extended for a two-year period beginning July 1, 1995, and ending
June 30, 1997, at no increase in costs to the City.
Approval of Contract Extensions:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the following maintenance contracts with the City be extended for
a two-year period beginning July 1, 1995, and ending July 1, 1997:
City Council Minutes -8- 4/18/95
� 4.
• f 60o'Jd
RESOLUTION NO, 91-7-16-5. ACCEPTANCE OF RIGHT-OF-
WAY DEDICATION. SAN JUAN CREEK ROAD BETWEEN FORSTER
CANYON ROAD AND LA NOVIA - TRACTS 13436, 13437,
13865 AND 13866, AREAS C AND D (GLENFED/LUSK
COMPANY/TORSON PACIFIC) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING ACCEPTANCE OF RIGHT-OF-WAY
FOR SAN JUAN CREEK ROAD ON THE SOUTH SIDE FROM
FORSTER CANYON ROAD EAST 253' AND THE NORTH SIDE
ADJACENT TO THE SAN JUAN HILLS GOLF COURSE
(GLENFED/LUSK/TORSON PACIFIC)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim, Vasquez,
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
The City Clerk was directed to record the documents with the
Orange County Recorder's Office.
� � rl' : • I�vl �M :. �Iyi �M : � � � : w : ' 4� : Y Z
Written Communication:
Report dated July 16, 1991, from the Director of Engineering
and Building, advising that the Final Maps were found to be
in compliance with the approved Tentative Tract Maps and
recommending that the Improvement Agreements and Final Maps
be approved for Tracts 13436, 13437, 13865 and 13866. The
report also forwarded for approval a Construction Cost
Apportionment and Reimbursement Agreement to insure
construction of off-site improvements and a Slope
Displacement Warranty Program Agreement providing for a
combined homeowner/developer surety of $946,000 for any
repairs necessary due to slope displacement.
Donald Steffenson, The Lusk Company, P. O. Box C-19560,
Irvine, was present to answer questions and introduced Scott
Kelly, project manager.
The Director of Engineering and Building made an oral
presentation. The City Attorney stated that since the City
was unable to reach an agreement with Glenfed regarding the
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7/16/91
0 i
dedication of the river bottom property by quitclaim, Glenfed
has indicated they would provide the City with a Letter of
Credit in the amount of $1,636,335 by July 19, 1991, which
would satisfy the parkland dedication requirement. Before
October 15, 1991, the City and Glenfed would attempt to reach
agreement regarding conveyance of the land. In the event an
acceptable agreement was not reached, the City would draw on
the Letter of Credit and the park and recreation fee
obligation would be satisfied. He provided a letter and
draft Letter of Credit both dated July 16, 1991, setting
forth the provisions relative to the park land dedication
and amended the recommendation listed in the staff report.
Approval of Program. Agreements. and Final Mans:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried to approve the Slope
Displacement Warranty Program, Construction Cost
Apportionment and Reimbursement Agreement, the Improvement
Agreements and, subject to a condition subsequent to approval
and condition precedent to recordation that Glendale Federal
Bank provide to the City an unconditional irrevocable letter
of credit in favor of the City in the amount of $1,636,335
to secure satisfaction of the condition for park land
dedication or payment of in -lieu fees as more specifically
set forth in the letter dated July 16, 1991, executed by
Richard R. Rebal, Executive Vice President, Glendale Federal
Bank and substantially in the form of the letter of credit
attached thereto, the Final Maps for Tract 13436, 13437,
13865 and 13866 (G1enFed/Lusk). The Mayor and City Clerk
were authorized to execute the agreements and the City
Engineer and City Clerk were authorized to execute the Final
Maps subject to the conditions stated above. The City Clerk
was directed to record all documents with the Orange County
Recorder's Office upon satisfaction of the above -stated
condition to provide the City an unconditional irrevocable
letter of credit.
Written Communication:
Report dated July 16, 1991, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Master Plan and Measure D.
Mark Clancey, 31982 Via de Linda, representing Friends of
Historic San Juan Capistrano, expressed concern that three
of the four alternatives presented by the Keith French Group
at the last Open Space workshop proposed a City maintenance
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7/16/91
• �� •
AGENDA ITEM i July 16, 1991
TO: Stephen B. Julian, City Manager
FROM: William M. Huber, Director of Engineering do Building
SUBJECT: Approval of Slope Displacement Warranty Program, Improvement
Agreement, Construction Cost Apportionment and Reimbursement
Agreement and Final Maps, Tracts 13436, 13437, 13865, 13866;
G1enFed/Lusk, Areas C do D, 1000' South of La Novia/San Juan Creek
Road
SITUATION
The subject maps have been reviewed and checked by the Engineering Division and are
ready for City Council consideration. The maps have been found to be in substantial
conformance with Tentative Tract Maps 13436 and 13437 and the Subdivision Map Act.
All necessary conditions of approval required prior to Final Map approval by Council
Resolutions (Attachments #2 and #3) have been met. All fees, except Park and
Recreation, and sureties have been paid and submitted to the City.
Due to discrepancies in the final amount of usable dedicated parkland acreage and the
amount of acreage reviewed by Park and Recreation and Planning Commissions, the
developer has submitted bonding equal to 125% of the required fee. Said bond shall be
held by the City until resolution of the land dedication.
The Improvement Agreement (Attachment #4) binds the developer and his successors to
complete all street, sewer, storm drain and recreational trail improvements.
The attached Construction Cost Apportionment and Reimbursement Agreement
(Attachment #5) insures off-site improvements (La Novia Bridge widening and
signalization of San Juan Creek Road/Valle Road) as conditioned by approval of the
Tentative Maps. Installation deadlines are described in Section 3 of the Agreement.
The Slope Displacement Warranty Program (Attachment #6) provides a combined
homeowner/developer surety of $964,000 for slope repair.
NOTIFICATION
G lenFed Development (Louise Larson)
Lusk Company (David Steffensen)
Lockman and Associates, Project Engineers (Lee Johnson)
Adjacent Homeowners Associations
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
These tracts have been previously reviewed by Parks and Recreation, Equestrian, Traffic
and Transportation and Planning Commissions and the City Council.
FOR CRS• COUNCIL AGEN41 H 3
AGENDA ITEM • •
July 16, 1991
Page 2
FINANCIAL CONSIDERATIONS
All required fees have been paid and sureties posted except as noted under Situation.
ALTERNATE ACTIONS
1. By motion approve agreements and final maps.
2. Do not approve the agreements or maps.
3. Request additional information from Staff.
RECOMMENDATION
By motion, approve the Slope Displacement Warranty Program, Construction Cost
Apportionment and Reimbursement Agreement, the Improvement Agreement and Final
Maps for Tracts 13436, 13437, 13865 and 13866 (G1enFed/Lusk). Authorize the Mayor
and City Clerk to execute the agreements and the City Engineer and City Clerk to
execute the Final Maps. Direct the City Clerk to record all documents with the Orange
County Recorder's Office.
Respectfully submitted,
William M. Huber, P.E.
W MH/RAF:cI
Attachments:
1. Location Map
2. Resolution 89-6-6-4, Tentative Tract 13436, Area C �--
3. Resolution 89-6-6-5, Tentative Tract 13437, Area D -
4. Improvement Agreement
5. Construction Cost Apportionment and Reimbursement Agreement
6. Slope Displacement Warranty Program
I:.
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ATTOCHMENT
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PROJECT LOCATION
nln
C
ATTACHIVfJN7 #2
RESOLUTION NO. 89-6-6-4
APPROVING VESTING TENTATIVE TRACT MAP 13436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT)
X11
WHEREAS, the applicant, Glenfed Development Corporation, California, has
submitted Tentative Tract Map 13436, proposing to subdivide approximately 78 acres of
land into 26 lots, described as a portion of Sections 7 and 8, T8S, R8W, of the San
Bernardino Meridian, City of San Juan Capistrano, County of Orange; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will have a significant effect on the environment, has required the
preparation of an environmental impact report, which report has been certified as final
by the City Council, and has otherwise carried out all requirements of the California
Enviromental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the Vesting Tentative
Tract Map to the City Council recommending approval; and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the application; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the PC designation on the General Plan map and is
otherwise consistent with all other elements of the General Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code (Land Use) and is
consistent with the approved residential concept plan.
3. The project site is physically suitable for the type and density of the
proposed development.
4. The design and improvements of the proposed project will not cause
substantial environmental damage; nor will said design or improvements
avoidably injure wildlife or their habitat.
3. The design or improvements of the proposed project will not cause
serious public health problems.
6. The design or improvements of the proposed project will not conflict
with easements acquired by the public at large for access through or use
of property within the proposed project.
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102
v�
7. The design or improvements of the proposed project will not interfere
with the maintenance of preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13436, subject to
the following conditions:
1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code
Home Warranty Ordinance) shall apply to any person, firm or
corporation selling or offering for sale within the project three or more
dwelling units --not previously occupied for residential purposes --during
any 12 -month period.
2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall
be prepared and implemented for the project. The CC&R's shall include
at a minimum:
a. Provisions on the use and maintenance, by the homeowners'
association, of recreation areas, other common areas, and slopes.
b. The prohibition of radio or television antennas projecting above any
roof eaves (pursuant to Section 9-3.609 of the Municipal Code).
The CC&R's shall be approved by the City Attorney prior to approval of
a final map. Future modifications to the CC&R's shall be submitted to
the City for review and approval.
3. Grading Plan - A preliminary grading plan for the project shall be
y approved by the Planning Commission prior to approval of a final map.
Said plan shall be designed to conform to the following criteria:
a. The grading plan shall incorporate variable slopes on all major
manufactured slopes which simulate natural topography.
b. Tops and toes of slopes shall be meandering such that straight
edges are not created.
C. Tops and toes of slopes shall be vertically rounded. The major
landform features shall be reflected in the grading plan.
d. When blending manufactured slopes to natural topography, the
grading plan shall emphasize the underlying natural area. For
example, if a cut slope is across a knoll, the graded slope contours
shall be bent to simulate the previous natural element (knoll); with
ravines, the manufactured slope shall use conclave contouring that
would visually simulate a ravine.
4 Architecture - Architectural elevations shall be approved by the Planning
omZ�miss'ron prior to approval of a final map.
-2-
•
•
1U5
S. Landscape and Wall Plans -Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Preliminary
landscaping, street tree, fence/wall plans shall be approved by the
--� Planning Commission prior to approval of a final map. Following such
plan approval, final working drawings shall be approved by the Director
of Community Planning and Development.
6. Landscaping Installation - Landscaping shall be installed as follows:
(1) Erosion -control landscaping for all manufactured slopes shall be
installed immediately after the certification of rough grading by
the City.
(2) Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
Landape Maintenance and Maintenance Easements -The developer
shall scbe responsible for adequately installing and maintaining all
landscaping until such maintenance may be assumed by the homeowners'
association. An open space maintenance easement shall be created over
all major slopes that are within residential lots. Landscaping on said
slopes shall be maintained by the homeowners' association.
8. Street Names - Street names shall be approved by the Director of
ommunity tanning and Development prior to approval of a final map.
9. Vehicular Access Rights - Vehicular access rights to all primary,
secondary, and commuter highways shall be released and relinquished to
the City except at street intersections.
10. Public Streets - The following public streets shall be designed,
constructed, and dedicated in accordance with Section 9-4.103 of the
Municipal Code:
"A" Street
11. Private Streets - The following private streets shall be designed and
constructed in accordance with Section 9-4.103 of the Municipal Code:
12.
"B," "C," "D," "E," "F," and "G" Streets.
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the
PPIy
104
•
•
13. Slo a Warrant - The developer shall participate in the City's Slope
Warranty Program.
PASSED, APPROVED, AND ADOPTED this
of Jane , 1989.
ATTEST:
6th
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-6-6-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of June , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
-4-
•
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
105
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 13th day
Of June , 1989, she caused to be posted:
RESOLUTION NO. 89-6-6-4 , being:
APPROVING VESTING TENTATIVE TRACT MAP 13436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT)
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.
ORD. NO.
CHECK LIST
RES. NOSY
MARY ANWqANOVER, CITY CLERK
ian Juan L%pistrano, California
/ Mayor has signed
i Clerk has signed
City Seal stamped
L All blanks typed,}
"Absent" lam+
"Noes" ,Y
"Abstain" low
Copies sent to post rd. dist.
file
mail cer i ned
Legal Publicat,on ordered to be published
(date)
No. Printed copies required e_
Remarks
�4—j
-S-
#41 1 ft%on r.1v 1-#� J
s. 0 RESOLUTION NO. 89-6-640
APPROVING VESTING TENTATIVE TRACT MAP 13437
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13437 (GLENFED)
1
WHEREAS, the applicant, Glenfed Development Corp, California, has
submitted Tentative Tract Map 13437, proposing to subdivide approximately 146 acres of
land into 266 lots, described as a portion of Sections 7, 8, 17 & 18, T8S, R8W, of the
San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will (will not) have a significant effect on the environment, has required
the preparation of an environmental impact report, which report has been certified as
final by the City Council, and has otherwise carried out all requirements of the
California Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the Vesting Tentative
Tract Map to the City Council recommending approval; and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the application; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the PC designation on the General Plan map and is
otherwise consistent with all other elements of the General Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code (Land Use) and is
consistent with the approved residential concept plan.
3. The project site is physically suitable for the type and density of the
proposed development.
4. The design and improvements of the proposed project will not cause
substantial environmental damage; nor will said design or improvements
avoidably injure wildlife or their habitat.
3. The design or improvements of the proposed project will not cause
serious public health problems.
6. The design or improvements of the proposed project will not conflict
with easements acquired by the public at large for access through or use
of property within the proposed project.
-1-
7. The design or improvements of the proposed project will not interfere
with the maintenance of preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13437, subject to
the following conditions:
1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code
Home Warranty Ordinance) shall apply to any person, firm or
corporation selling or offering for sale within the project three or more
dwelling units --not previously occupied for residential purposes—during
any 12 -month period.
2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall
be prepared and implemented for the project. The CC&R's 'shall include
at a minimum:
(1) Provisions on the use and maintenance, by the homeowners'
association, of recreation areas, other common areas, and slopes.
(2) The prohibition of radio or television antennas projecting above any
roof eaves (pursuant to Section 9-3.609 of the Municipal Code).
The CC&R's shall be approved by the City Attorney prior to approval of
a final map. Future revisions to the CC&R's shall be submitted to the
City for review and approval.
3. Grading - A preliminary grading plan for the project shall be
�j Said plan shall be designethe d o0 conform tmmission o the follior to owing criteria:
oval of a final map.
a. The grading plan shall incorporate variable slopes on all major
manufactured slopes which simulate natural topography.
b. Tops and toes of slopes shall be meandering such that straight
edges are not created.
C. Tops and toes of slopes shall be vertically rounded. The major
landform features shall be reflected in the grading plan.
d. When blending manufactured slopes to natural topography, the
grading plan shall emphasize the underlying natural area. For
example, if a cut slope is across a knoll the graded slope contours
shall be bent to simulate the previous natural element (knoll); with
ravines, the manufactured slope shall use conclave contouring that
would visually simulate a ravine.
Architecture - Architectural elevations shall be approved by the Planning
ommission prior to approval of a final map.
S. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Preliminary
-2-
JL V 07
9 •
landscaping, street tree, fence/wall plans shall be approved by the
---"P Planning Commission prior to approval of a final map. Following such
plan approval, final working drawings shall be approved by the Director
of Community Planning and Development.
6. Landscaping Installation - Landscaping shall be installed as follows:
a. Erosion -control landscaping for all manufactured slopes shall be
installed immediately after the certification of rough grading by
the City.
b. Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
Landsca a Maintenance and Maintenance Easements - The developer
shall responsible for adequately installing and. maintaining all
landscaping until such maintenance may be assumed by the homeowners'
association. An open space maintenance easement shall be created over
all major slopes that are within residential lots. Landscaping on said
slopes shall be maintained by the homeowners' association.
—> 8. Street Names - Street names shall be approved by the Director of
ommunity Tanning and Development prior to approval of a final map.
9. Vehicular Access Rights - Vehicular access rights to all primary,
secondary, and commuter highways shall be released and relinquished to
the City except at street intersections.
10. Public Streets - The following public streets shall be designed,
constructed, and dedicated in accordance with Section 9-4.103 of the
Municipal Code:
"A" Street
11. Private Streets - The following private streets shall be designed and
constructe m accordance with Section 9-4.103 of the Municipal Code:
"H"r 01"r "J", "K", "K-1", "L", "M"r "N", ro", "P". "Q"+ "R", "5", "T",
"U", "V", "W", "X", "Y", and "Z" Streets.
12. Validation of Approval - All conditions of approval of C gx-y
len ed and the Arun/Composite De_ veloment Plan for Area D
shall apply to this Vesting Tentative Tract Map appro�.
-3-
110
E
F
13. Slope Warrant - The developer shall participate in the City's Slope
Warranty Program.
PASSED, APPROVED, AND ADOPTED this 6th day
of June , 1989.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-6-6-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of June , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland
and Mayor Hausdorfer
NOES: None
ABSENT:, Councilman Buchheim
(SEAL)
MARY AN , CITY L K
-4-
"WWI
� - -wwm
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-6-6-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of June , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland
and Mayor Hausdorfer
NOES: None
ABSENT:, Councilman Buchheim
(SEAL)
MARY AN , CITY L K
-4-
0
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
111
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 13th day
Of ,T„ne. , 1989, she caused to be posted:
RESOLUTION NO. 89-6-6-5 , being:
APPROVING VESTING TENTATIVE TRACT MAP 13437
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13437 (GLENFED)
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.
ORD. NO.
Cl-ECK LIST
RES. NOO I-G_G- 5
Mayor has signed
Clerk has signed
City Seal stamped
—77' All blanks typed y�
"Absent"
"Noes"
"Abstain"
Copies sent to p� Qrd. dist.
file
mailcern ied
0,nVL(d-
Legal Publication ordered to be published
(date)
No. Printed copies required /0
Remarks
MARY ANN Ai VER, CITY CLF -RK
c -n Juan C pistrano, California
-5-