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1986-1007_OCEAN HILLS COMMUNITY_Agreement "City Copy" AGREEMENT THIS AGREEMENT is made this 7th day of October 1986, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and OCEAN HILLS COMMUNITY CHURCH, a California non-profit religious organization, hereinafter referred to as "Developer". Recitals: WHEREAS, Developer received land use approval, Planning Commission Resolution No. 86-2-23-1, providing for the placement of four temporary trailers on Developer's existing church site concurrent with the expansion of a permanent educa- tional facility; and WHEREAS, on August 20,. 1986, Developer submitted a new master plan providing for an expansion of a proposed educational facility; and WHEREAS, the proposed master plan would require a new architectural approval from the City's Planning Commission; and WHEREAS, Developer desires to construct the four temporary trailers on the subject site prior to review and approval of the new master plan; and WHEREAS, the Planning Commission, on August 12, 1986, recommended that the Developer be allowed to place the four modular trailers on site prior to approval of the Developer's new master plan subject to the execution of an agreement between City and Developer, NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND DEVELOPER AS FOLLOWS: 1 (1) Timeframes: Developer shall be authorized to place four (4) temporary modular trailers on Developer's site, subject to the following timeframes: a. Developer shall submit a revised master plan to the City's Planning Commission as a work session item within three (3) months from the date of this Agreement. b. Developer shall present a formal submittal for the Phase II educational facility within six (6) months from the date of this Agreement. C. Developer shall submit final working drawings (con- struction plans) within 12 months from the date of this Agreement. d. Developer shall apply for and receive building plan and permits within 15 months from the date of this Agreement. e. The four (4) modular units shall be removed from the site within 30 days of the date of Certificate Of Occupancy for the educational facility. (2) Default: Developer's failure to meet any of the above stated timeframe require- ments shall constitute a material default of this Agreement and the parties hereto agree that said default shall constitute an automatic termination of this Agreement. In such event, Developer shall immediately remove the four modular units from the site. (3) Time of Essence: Time is of the essence with regard to the timeframe requirements of Paragraph (1). 2 (4) Use of Units: Developer shall use the modular units primarily for the purpose of conducting Sunday School classes. The units are not to be used for regular daily child care or educational activities, without the consent of the City first obtained. (5) Attorney's Fees: In the event that City is required to take legal action to enforce any provision of this Agreement, City shall be entitled to reasonable attorney's fees incurred in prosecuting an appropriate legal action under this Agreement. (6) Land Use Conditions: Developer shall satisfy all conditions of approval directly related to the construction of the modular units as set forth in Planning Commission Resolution No. 86- 2-25-1. OCEAN HILLS COMMUNITY CHURCH, Developer �C—u OF S ISTRANO, City Kenneth E. Friess, Mayor ATTEST: APPROVE AS TO F • Mary Ann Hari City Clerk John V aw, City Attorney • \ The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, B chheim, Bland, and Mayor Hausdorfer NOES: None ABSL�T: None DIRECTOR OFC UNITY PLANNING DEVELOPMENT I. ACCEPTANCE OF PEN SPACE A TRAIL EASEMENTS - COLINAS DE CAPIS ANO COU TY OF ORANGE 670.50) Written Communi/for : Report dated Ju148 from the Director of Community Planning and Development, advhat e City Council and County Board of Supervisors had approved agreemor the• transfer of Colinas de Capistrano open space dedications to theT e repdrT recommended accepting the open space and trail easements encom8 of the' S9 acres of ridgeline and hillside of the Colinas de Capistrano ridAll of the open space area has been annexed to the City. The report set fe various ded1rations, easements, fee title offerings and zoning designatione 259 acres. Acce tance of Oe and Trail Easemer : It was moved by Councilman Schwartze, seconded by Councilman Friess that the following Resol ion be adopted: RESOL [ON NO. 88-6-7-6, ACCEPTWGIRREVOCABLE OFFS COLINAS DE CAPISTRANO OPE SPACE - A PESO UTION OF THE CITY COUNCIL OF THE ITY OF SAN JUA CAPISTRANO, CALIFORNIA, ACCEPTqNG THE IRR VOCABLE OFFER FOR OPEN SPACE A TRAIL E EMENTS IN THE COLINAS DE CAPISTRANO .ARE The m tion carried by the following vote: \\ AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None --� 2. AGREEMENT ALLOWING FOUR MODULAR UNITS AND PREPARATION OF MASTER DEVELOPMENT PLAN OCEAN HILLS COMMUNITY CHURCH) 600.30 Written Communications: Report dated June 7, 1988, from the Director of Community Planning and Development, forwarding a request from the Ocean Hills Community Church for a -16- 6/7/88 an extension of items b, c, d and e of the Agreement dated October 7, 1986, which allowed placement of four modular units during development of a master plan for placement of permanent buildings on the church property. The report advised that the Church determined that the present property could not accommodate the range of facilities they would need to serve their congregation. The church advised that negotiations were in process with the Kinoshita family for purchase of 10 acres which would better accommodate the desired use. Upon close of escrow, a new master plan is to be prepared. Approval of Extension: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to grant an additional 12-month extension of items b, c, d and e of the Agreement dated October 7, 1986, between the City and the Ocean Hills Community Church. DIRECTOR OF PUBLIC WORKS 1. 1988-89 SERRA BUDGETS (330.50) Written Communications: Report dated June 7, 1988, from the Director of Public Works, advising that the SERRA Board of Directors had approved the 1988-89 Budgets, subject to individual agency approval. The City's share of the 1988-89 SERRA budget is as follows: Project Committee City Share General Fund 7,865.00 Project Committee #2 805,500.00 Project Committee #2R 68,040.00 Project Committee #5 32,900.00 Total $914,305.00 Adoption of SERRA Budgets: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to adopt the proposed SERRA budgets for 1988-89 and to approve the City's participation of $914,305, to be assessed to the City Sewer Enterprise Fund 17-6284-4717 and 17-6213-4717. DIRECTOR OF COMMUNITY SERVICES 1. REQUEST FOR CONSULTANT SERVICES - REVIEW OF PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN AND PARK NEEDS STUDY 600.00 Written Communications: Report dated June 7, 1988, from the Director of Community Services, forwarding a Request for Proposal and Scope of Work for preparation of a comprehensive review of the Parks and Recreation Element of the General Plan. The study would include a survey of the community's needs, an assessment of the present facilities and services to meet these demands, identification of additional facilities, and a financial analysis on the ability to implement the plan. The report advised that $25,000 had been budgeted for the consultant service. -17- 6(7/88 AGENDA ITEM June 7, 1988 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Extension of Agreement allowing Four Modular Units and Preparation of a Master Development Plan for Ocean Hills Community Church SITUATION A. Applicant/Property Owner Reverend Homer Waisner Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, CA 92675 B. Summary and Recommendation - On October 7, 1986, the City Council approved an agreement to allow four temporary modular units while the Church and the City developed, reviewed, and approved plans for the permanent buildings to replace the modular units. As a part of this agreement, the applicant was to perform to a prescribed schedule of events. In response to the provisions of this agreement, the applicant prepared a master plan for the property which was reviewed under a worksession format by the Planning Commission on January 27, 1987. Based upon Planning Commission comments, a traffic study was initiated and the architect started modification of the plans. Also during this period, the Church began a reassessment of their ultimate needs. The reassessment by the Church determined that the present property could not accommodate the range of facilities that they would need to serve their congregation. The Church asked the City to identify other areas in the community that would be appropriate for a new church location. During this reassessment period, the Church asked and was granted a 12-month extension on the agreement. Recently, the Church has opened discussions with a property owner to purchase a new site. These negotiations are on-going and the Church has kept the City advised of their progress. In order to maintain their commitment to the City, the Church has asked for a further extension of the agreement. Staff supports the request and recommends approval by the City Council, in that the Church has been actively pursuing acquisition of another property and has maintained constant communication with the City. All other conditions related to the installation and use of the modular units have been adhered to by the Church. PUBLIC NOTIFICATION Although notification is not required, copies of the agenda and staff report were sent to the immediately adjacent property owners (see attached list). Agenda Item -2- June 7, 1988 COMMUNITY REDEVELOPMENT AGENCY Project is located outside the Community Redevelopment Project boundaries. COMMISSION/BOARD REVIEW, RECOMMENDATION None. FINANCIAL CONSIDERATIONS None, except the normal administrative costs associated with processing the extension request. ALTERNATE ACTIONS 1. Approve the extension request; 2. Deny the extension request and direct the temporary modular units be removed; or 3. Continue consideration of the request. RECOMMENDATION By motion, grant an additional 12-month extension of the agreement. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:TT:kls CC/AI67881 4 � OCEAN HILLS C O M M U N I TY C H U R C H 32222 Del Obispo Su"t Son Juan Capistrano CA 92675 A4"~W' April 18, 1988 fop, Mayor Gary Hausdorfer City of San Juan Capistrano California, 92675 Dear Distinguished Mayor. On October 7, 1986, Ocean Hills Community Church and the City of San Juan Capistrano entered into an agreement which allowed Ocean Hills to place four temporary trailer; on our existing church site while expanding our current facility. The church is currently in negotiations with the Kinoshita family regarding the possible purchase of 10 acres of property, where we would then proceed with development and a new master plan. We know that this new site would provide much better access and also less intensity of use, alleviating many of the concerns that the city has had regarding development of our current property. Therefore, Ocean Hills Community Church is asking for a second, six to eight-month extension of items b.,c., d. and e. of the Agreement dated October 7, 1986, in order to close escrow and present a new master plan to the city. We understand time is of the essence and are doing everything within our power to meet the spirit of this Agreement. If at all possible, we will complete the above- mentioned items in a shorter period of time. Respectively submitted, Ytieusv cc: Brandon Birtcher Jerry LaMott p�,_ , III r - 9 tl1580j�N^I NtlS '� I ITIA J J -7-p 'ON j0 AS1� - "11'W daHH% C10M 11�C0� li `� ` 1 4tJLhlI�.UIN t, i C- i �♦ cbyy I SIbM L-- —^ S fsw I I f Ira i _ mlWf TnsMl`w� M • "Church Copy" AGREEMENT THIS AGREEMENT is made this 7th day of October . 1986 by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and OCEAN HILLS COMMUNITY CHURCH, a California non-profit religious organization, hereinafter referred to as "Developer". Recitals: WHEREAS, Developer received land use approval, Planning Commission Resolution No. 86-2-23-1, providing for the placement of four temporary trailers on Developer's existing church site concurrent with the expansion of a permanent educa- tional facility; and WHEREAS, on August 20,. 1986, Developer submitted a new master plan providing for an expansion of a proposed educational facility; and WHEREAS, the proposed master plan would require a new architectural approval from the City's Planning Commission; and WHEREAS, Developer desires to construct the four temporary trailers on the subject site prior to review and approval of the new master plan; and WHEREAS, the Planning Commission, on August 12, 1986, recommended that the Developer be allowed to place the four modular trailers on site prior to approval of the Developer's new master plan subject to the execution of an agreement between City and Developer, NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND DEVELOPER AS FOLLOWS: 1 (1) Timeframes: Developer shall be authorized to place four (4) temporary modular trailers on Developer's site, subject to the following timeframes: a. Developer shall submit a revised master plan to the City's Planning Commission as a work session item within three (3) months from the date of this Agreement. b. Developer shall present a formal submittal for the Phase II educational facility within six (6) months from the date of this Agreement. C. Developer shall submit final working drawings (con- struction plans) within 12 months from the date of this Agreement. d. Developer shall apply for and receive building plan and permits within 13 months from the date of this Agreement. e. The four (4) modular units shall be removed from the site within 30 days of the date of Certificate Of Occupancy for the educational facility. (2) Default: Developer's failure to meet any of the above stated timeframe require- ments shall constitute a material default of this Agreement and the parties hereto agree that said default shall constitute an automatic termination of this Agreement. In such event, Developer shall Immediately remove the four modular units from the site. (3) Time of Essence: Time Is of the essence with regard to the timeframe requirements of Paragraph (1). 2 (4) Use of Units: Developer shall use the modular :nits primarily for the purpose of conducting Sunday School classes. The units are not to be used for regular daily child care or educational activities, without the consent of the City first obtained. (5) Attorney's Fees: In the event that City is required to take legal action to enforce any provision of this Agreement, City shall be entitled to reasonable attorney's fees incurred in prosecuting an appropriate legal action under this Agreement. (6) Land Use Conditions: Developer shall satisfy all conditions of approval directly related to the construction of the modular units as set forth in Planning Commission Resolution No. 86- 2-25-1. OCEAN HILLS COMMUNITY CHURCH, Developer OF S ISTRANO, City By ` Kenneth E. Friess, Mayor ATTEST: APPROVE AS TO F ^ Mary Ann Ha over, City Clerk John V aw, City Attorney qc el-i . •1 . i i 1 PC RESOLUTION NO. 86-2-25-1 i 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A SITE PLAN MODIFICATION TO AC 81-1 TO ALLOW INSTALLATION OF FOUR TEMPORARY ` CLASSROOM TRAILERS ON AN EXISTING CHURCH SITE IN 5 THE IP DISTRICT b WHEREAS: 7 1. The applicant, Ocean Hills Community Church, 32222 Del Obispo 8 Street, San Juan Capistrano, California, has submitted an appplication for approval to locate four temporary trailers on an 9 existing church site located at 32222 Del Obispo Street. 10 2. The City's Environmental Review Board has determined that the proposed project will not have a significant effect on the 11 environment, has accordingly issued a Negative Declaration for the project,-and has otherwise carried out all requirements of 12 the California Environmental Quality Act; and 13 3. The City's Architectural Board of Review has reviewed the project and forwarded it to the Planning Commission recommending 14 approval, subject to certain conditions; and 15 4. The Planning Commission hereby finds and determines as follows: 16 a. The project is consistent with all-applicable goals, objectives, and policies of the General Plan. 17 b. The project, as designed and conditioned, is consistent with 18 all applicable requirements of Title 9 (Land Use) of the Municipal Code. 19 C. The project is consistent with Council Policy adopted in June 1982, which permits favorable consideration of the use so of temporary units by community service and nonprofit 21 organisations. 22 THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby approve site plan modification to AC 81-1, subject to the following conditions: 23 1. Building Plans - Final building plans shall be reviewed and 24 approved by the Architectural Board of Review during Phase 111. 25 2. Tea orar FacIlities - The four 24' x.60' temporary units may be 26 natal ed upon submittal of final working drawings for plan check. If permits are not issued within a 120-day period, the 27 temporary units shall be removed within 30 days. Said temporary units shall be removed one year from the date placed on-site or E8 within 30 days after issuance of use and occupancy permits for the permanent facilities, whichever occurs first. 29 30 31 32 I Resolution No. 86-2-25-1 3 3. Landsea Plans - Final landscape plans for the temporary trail- ers s a reviewed and approved by the Architectural Board of 4 4 Review during Phase III. Temporary landscaping for the trailers shall be installed prior to issuance of occupancy permits for the 5 temporary units. The Planning Commission shall review and Parmaapprove the plans for permanent landscaping on-site. All —vent landscaping must be installed prior to issuance of occupancy permits for the educational facilities. 7 4. Buildin Dellin and Location - The trailer units shall be painted g to marc t e co ors of the permanent structures on-site. In addition, the trailers shall be located at the northern boundary 9 of the gravel parking area, east of the esistinq church buildings. 10 5. hater - Nater transmission and distribution facilities shall be 11 Zes fined, constructed, and dedicated in accordance with Section 9-4.109 of the Municipal Code and the requirements of Capistrano 12 Valley Water District. Such distribution facilities and appur- 13 tenances shall be approved by the County Fire Marshal. 6. Sanitation - Sanitary facilities to serve students in the tempo- 14 rary tra ers shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the is Municipal Code and adopted City policy. 16 7. Fees - All required fees shall be paid prior to issuance of any B—ufTding permit. 17 S. Fire Safety - Building and site plans shall be reviewed and is approv b the Orange County Fire Department for conformance with Titles 19 and 24 for educational facilities. 19 9. Lighting - tailed lighting li htin g plans shall be reviewed and approved 20 bYt eArcbitectural Board of Review during Phase III. All lighting shall be mercury vapor. E1 10. Restricted Use - The temporary trailers shall not be used as a 82 ay-care or a ucational facility. 23 BE IT FURTHER RESOLVED, that said action shall not be deemed final until 21 days after the data of this resolution. Any aggrieved party 24 may appeal any part of this action to the City Council within said 21- day period by doing so in writing to the City Clerk. 25 26 27 28 -2- 29 30 31 32 r 1 Resolution No. 86-2-25-1 2 3 PASSED, APPROVED, AND ADOPTED this 25th day of February, 1986, by the 4 following vote, to wit: 6 AYES: Caapbell, Davies, Nash 6 NOES: None 7 ABSENT: Wordes e ABSTAINED: Nunn 920 l LAS 8, 11 22 r 13 N , ARY 14 15 16 17 18 19 20 21 5 22 23 24 25 26 27 Be -3- 29 30 31 32 Gil Jones, Los Rios Review Committee; Collene Campbell, Planning Commission: Tom Erin, Mobile Home Park Review Committee; Pamela Gibson and Terry Dorse, Members At-Large. 3. REALLOCATION OF FUNDS - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 480.20 Written Communications: Report dated October 20, 1987, from the Director of Community Planning and Development, advising that $22,000 in Community Development Block Grant funds remained following completion of improvements to Mission and Ramos Streets in the Los Rios District. The City may request that the County reallocate the funds to an existing Community Development Block Grant project. The report advised that existing City staff was unable to absorb the work load associated with administration of the Housing Rehabilitation Program and recommended that the funds be reallocated to the Program to hire a consultant to assist in the administration of the day-to-day activities. Request for Reallocation of Funds: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to request that the County reallocate the funds remaining from the Mission and Ramos Streets public improvement project in the Los Rios District, to the Housing Rehabilitation Program in the Los Rios District for use in administration of the Program. ^� 4. EXTENSION OF TIME (OCEAN HILLS COMMUNITY CHURCH) (600.30)' Written Communications: Report dated October 20, 1987, from the Director of Community Planning and Development, forwarding a request for a six- to eight-month extension to the Agreement dated October 7, 1986, for placement of four temporary modular trailer units on the Ocean Hills Church property. The report advised that an alternative to the proposed master plan was being investigated which would significantly affect the ultimate development of a final master plan. Staff recommended approval of a six- month extension. Approval of Time Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve a six-month extension to items Lb, lc, Id, and le of the Agreement between the City and Ocean Hills Community Church. DIRECTOR OF PUBLIC WORKS 1. APPROVAL OF QUITCLAIM - PORTION OF EQUESTRIAN EASEMENT LOT 54, TRACT 9382 (BELFORD TERRACE NUDI 670.50 Written Communications: Report dated October 20, 1987, from the Director of Public Works, forwarding a request from Mr. and Mrs. Peter J. Nudi, to quitclaim a portion of the equestrian easement at the rear of their property to allow for construction of a swimming pool -13- 10/20/87 AGENDA ITEM October 20, 1987 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Extension of Time -Agreement for Placement of Modular Units (Ocean Hills Community Church) SITUATION A. Applicant/Prpperty Owner. Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, CA 92675 B. Summary and Recommendation - On October 8, 1987 the church and the City entered into an agreement to allow for the placement of four (4) temporary modular trailer units on church property with certain time limitations (Attachment A). The church has requested a six to eight month extension of this agreement (Attachment B). Staff recommends approval of the six month extention request. C. Background - Since the execution of the agreement in October, 1986, the church has made a diligent effort to meet the time frame requirements of the agreement. Since the agreement a proposed master plan has been discussed with the Planning Commission. In response to this discussion, the preparation of a traffic study was initiated. In discussing the church master plan with both the city manager and planning staff, the church is investigating an alternative to the present plan. This alternative involves a possible new location. Staff has been discussing this option with the church and is assisting in identifying a possible new site. Given the diligence of the church to meet the spirit of the agreement and discussions regarding alternate locations that would significantly affect the ultimate development of a master plan, staff recommends a six (6) month extension. PUBLIC NOTIFICATION Ocean Hills Community Church was given notice of this item. COMMUNITY REIDEVELOFMENT AGENCY This parcel is not located in the Central Redevelopment Project Area. COMMISSION/BOARD REVIEW, RECOMMENDATION None. FINANGIAI, CONSIDERATIONS None. 2. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930,40) / The Report dated October 7, 1986, from the Secretary of t Equestrian Commission, regarding actions taken at the meeting of Septemb 29, 1986, was rdered received and filed. 3. RE RT OF PARKS AND RECREATION COMMISSION ACT NS (920.20) The Rep t dated October 7, 1986, from the Secretary the Parks and Recreation Commission regarding actions taken at the meetin of September 15, 1986, was ordered recei d and filed. 4. REPORT OF PLA ING COMMISSION ACTIO (440.40) The Report dated Octo r 7%TR 1986from th Secretary of the Planning Commission, regarding actions taken ating o ptember 23, 1986, was ordered received and filed. 5. REPORT OF TRAFFIC AORTATION COMMISSION ACTIONS (590.20) The Report dated October 7 19 from the Secretary of the Traffic and Transportation Commission, regardin actions taken at the meetings of September 10 and 24, 1986, as ordered re ived and filed. 6. EXTENSION OF JANIT IAL SERVICES CON ACT ASSOCIATED COMM CIAL BUILDING MAIN NANCE) (600.30) As set forth in th report dated October 7, 1986, fro the Director of Public Works, the City's contr ct for janitorial services with Ass 'ated Commercial Building Maintenance San Clemente, was renewed for a e-year period beginning December 1, 986, and ending November 30, 1987, in the a unt of $20,426. Funds were budg ed in the City's Internal Services Fund No. 16. The Mayor and City Clerk we authorized to execute the "Extension Agreement" on ehalf of the City. 7. APP ATION FOR SENATE BILL 821 GRANT FUNDS TR BUCO CREEK BIKEWAY - DESIGN PHA5E 930.50) /the set forth in the report dated October 7, 1986, from the Director of Publi Works, application for Senate Bill 821 funds in the amount of $7,865, for construc . n of Trabuco Creek Bikeway from Camino Capistrano to Rancho Viejo Road, as / approved. The report advised that no matching funds were needed; any fun remaining after design costs may be held for use toward construction. Additional grant funding for the construction phase of the trail will be requested in 1986-87 / Senate Bill 244 funding from Caltrans. AGREEMENT FOR PLACEMENT OF MODULAR UNITS /> OCEAN HILLS COMMUNITY CHURCH 600.30 This item was removed from the Consent Calendar at the request of Councilman Bland for discussion of a letter received from Charles Vermeulen, dated October 6, 1986, citing concerns regarding trees planted on the Church property approximately two feet from the property line. It was moved by Councilman Hausdorfer, seconded -3- 10/7(86 by Councilman Buchheim and unanimously carried to direct staff to review the landscaping plans and to approve the agreement between the City and Ocean Hills Community Church for installation of four temporary modular trailer units on the Church's parcel, as set forth in the report dated October 7, 1986, from the City Attorney. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. PUBLIC HEARINGS 1iTEXTENSION OF TIME TENTATIVE TRACT 11587 TENTATIVE TR 11648 TENTATIVE TRACT 11832 AND RESIDENTIAL CONCEPT P AN FORSTER YON PLANNED COMMUNITY AROSA 420.40 Public Hearing was continued from the meeting of Sep tuber 16, 1986. os : Consider 'on of a request for an extension of time/orhe following tracts in the ter Can n Planned Community: ative Tract 1587 - a subdivision of ap roximately 9.8 acres into 3 lots to provide for 32 con minium units, a propo d park site, and a small professional office building, locat in the vicinity of is de Agua, Camino Las Ramblas, the future extension of Via lifornia and t south-facing slope of "Window Hill." The tentative tract map woul be extend d to November 3, 1986, which is the final extension possible under the nicip Code guidelines. Tentative Tract 11648 - a subdi 'on of approximately 147.5 acres to provide for 302 residential units, a public ' sti tionaI site, a proposed park site, and several common open space lots, loca ed east the Capistrano Terrace Mobile Home Park and adjacent to the old For er Canyon nitary Landfill. The tentative tract map would be extended to Janu y 5, 1987, whic is the final extension possible under the Municipal Code guideline . Tentative Tract 1183 - a subdivision of approxi tely 246 acres to provide for 85 single-family custo home lots, 198 condominiums, open space and, research and development use, cated east of Interstate 5, genera south of McCracken Hills, west of the M edith Canyon/Alto Capistrano neigh rhoods and north of the Capistrano Poi to apartment development. Under the p sent request this tract would be ex nded to November 5, 1986; under Municip Code guidelines, an additional a ension to November 5, 1987, could be considered. Applican Property Owner: Capistr no Ascot Development, Inc., 1715 Port Ashley, Newport Bea , CA 92660. Wri en Communications: R ort dated October 7, 1986, from the Director of Community Pla ing and evelopment, recommending approval of the requests for time extensions or the hree tracts subject to additional and modified conditions of approval relating the sanitary landfill and its closure certification, deletion of dedication of the community park and inclusion of a view preservation program for "Window Hi " The report set forth findings with regard to concerns raised in past public hearing regarding the possible presence of toxic substances and closure of the landfill, the -4- 10/7/86 1., 0 % AGENDA ITEM October 7, 1986 TO: Stephen B. Julian, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Agreement for Placement of Modular Units (Ocean Hills Community Church) SITUATION: The City Council directed this office to prepare an agreement between the City and Ocean Hills Community Church allowing for the installation of four (4) temporary modular trailer units on the church's parcel. I have prepared such an agreement which reflects all of the basic conditions relating to timeframe requested by the Planning Commission. The agreement has been reviewed and executed by the City and Ocean Hills Community Church. BOARD/COMMISSION REVIEW, RECOMMENDATIONS: The Planning Commission has reviewed the matter and has recommended that an agreement be implemented providing for the timeframe provisions within the agreement. NOTICE: Notice has been given to the Ocean Hills Community Church. ALTERNATE ACTIONS: 1. Table Matter. 2. Approve agreement. ------------------------------------------------------------------ RECOMMENDATION: Approve agreement between City and Ocean Hills Community Church. ------------------------------------------------------------------ e ec ully subsub i( J R. SHAW i Attorney JRS/ef t OFS �� AGREEMENT TO ALLOW 4 MODULAR UNITS (OCEAN HILLS COMMUNITY CHURCH) (600 .30) Written Communications: Report dated August 19 , 1986 , from the Director of Community Planning and Development, advising that site plan modifications to Architectural Control 81-1 , to allow placement of four temporary trailers concurrent with expansion of a permanent education facility at the Ocean Hills Community Church, had been approved by the Planning Commission on February 25 , 1986. On August 12, 1986, the Commission reviewed plans for an expansion larger than that previously approved; the enlarged facility did not receive approval and would require a new architectural control application. The applicant requested that the four temporary units be allowed on the site while the application was being processed. The units would be used primarily for Sunday School purposes. Agreement for Placement of Tem orar Modular Trailers: It was moved y Counci man Schwartze, seconded y Councilman Hausdorfer and unanimously carried to direct the City Attorney to prepare an agreement for City Council execution to allow four temporary modular units on the Ocean Hills Community Church site, subject to the following schedule as recommended by the Planning Commission: (1) Revised master plan shall be resubmitted to the Planning Commission as a worksession item within 3 months of execution of the agreement; (2) Formal submittal for the Phase II educational facility within 6 months of execution of agreement; (3) Final working drawings (construction plans) - submittal within 12 months of execution of agreement; (4) Building plans and permits issued within 15 months of date of execution of agreement; and, (5) Modulars will be moved within 30 days of Certificate of Occupancy for the education facility. 0-l9 46 AGENDA ITEM August 19, 1986 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Agreement To Allow 4 Modular Units - Ocean Hills Community Church SITUATION A. Applicant Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, CA 92675 Attn: Homer Waisner Architect Mr. Louis Glasbrenner 315 Boca Del Canon San Clemente, CA 92672 B. Summary and Recommendation - Staff recommends that the City Council direct the City Attorney to prepare an agreement to allow Ocean Hills Community Church placement of 4 modular units to be placed on site while the applicant processes the Phase II request. C. Background 1. Introduction - On February 25, 1986, the Planning Commission conditionally approved site plan modification to AC 81-1 (Attachment A), to allow the placement of the 4 temporary trailers on an existing church site concurrent with the expansion of a permanent educational facility. Direction was given to staff that further modifications to site plans of this nature would require a master plan prior to any further project approvals. On August 12, 1986, the applicant submitted the master plan which indicated an expansion larger than the educational facility previously approved by AC 81-1. The enlarged educational facility has not received approval by the Planning Commission. This proposal to revise the plans would require a new architectural control (site plan) application. The applicant is requesting that the four 24-foot x 60-foot temporary units be allowed on the site while the Architectural Control Application is being processed. The church requires the use of the modular units primarily for sunday school purposes, and would not be using the trailers for a day care or educational facility. Agenda Item • -2- • August 19, 1986 On August 12, 1986, the Planning Commission recommended than an agreement be executed by the City Council and the applicant to allow the placement of the 4 modular trailers. Such an agreement should include a time line to complete certain development tasks. The Planning Commission and applicant mutually agreed that the following schedule should be incorporated into the agreement: (1) Revised master plan shall be resubmitted to the Planning Commission as a worksession item within 3 months of execution of agreement. (2) Formal submittal for the Phase II educational facility within 6 months of execution of agreement. (3) Final working drawings (constructions plans) - Submittal within 12 months of execution of agreement. (4) Building plans and permits issued within 15 months of date of execution of agreement (5) Modulars will be moved within 30 days of Certificate of Occupancy for the educational facility. It was also agreed that failure to comply with the schedule would result in termination of the agreement and the applicant would be required to immediately remove the modular units. OTHER BOARDS/COMMISSIONS Planning Commission - On August 12, 1986, the Planning Commission recommended that the City Council execute an agreement with Ocean Hills Community Church to allow the modular units, subject to a time line, to accomplish specific development tasks. PUBLIC NOTIFICATION Public notification is not required for this project. REDEVELOPMENT AREA This project is not located in the Central Redevelopment area. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Direct the City Attorney to prepare an agreement for City Council execution to allow 4 temporary modular units, subject to the time line as proposed. 2. Direct the City Attorney to prepare an agreement for City Council execution to allow 4 temporary modular units, subject to a modified time line. 3. Do not allow the modular units to be placed on the site. Agenda Itern • -3- ! August 19, 1986 RECOMMENDATION By motion, direct the City Attorney to prepare an agreement for City Council execution to allow 4 temporary modular units, subject to the time line as recommended by the Planning Commission. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:SKT:kjs Attachment 0 name Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, CA 92675 Vermeulen, Charles I. 11591 Cielo Place Sr, Ufa LL,�c` Villa del Obispo c/o Booty, John A. 245 Fischer Ave, Suite D-I Costa Mesa, CA 92626 Community Presbyterian Church of San Juan 1501 Wilshire Blvd Los Angeles, CA 90017 Mr. Jim Eckman, Association Representative Rancho Alipaz Mobile Estates 32371 Alipaz, Space 125 San Juan Capistrano, CA 92675 Ms. Ruth Loud, Association Representative Rancho Alipaz Mobile Estates 32371 Alipaz, Space 110 San Juan Capistrano, CA 92675 Ms. Vikki Moore Vedder Park Management 1521 W. Glenoaks Blvd. Glendale, CA 92101 Mr. Art Gary, Park Manager Rancho Alipaz Mobile Estates 32371 Alipaz Street San Juan Capistrano, CA 92675 Agenda Item -2- October 20, 1987 ALTERNATE_ACTIONS 1. Approve agreement extension for six months. 2. Approve agreement extension for eight months. 3. Deny agreement extension. 4. Continue the item. RECOMMENDATION Approve an extension of the agreement for six months., Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TG M:ST:sao s 6. Y M• � � 5 t o S: D - y/ illA -.a ah..m a• \�\ 1�3 in I ••oil" v3]ru o>nBrdl // c L, no i= o AGREEMENT THIS AGREEMENT is made this 7th day of October 1986, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and OCEAN HILLS COMMUNITY CHURCH, a California non-profit religious organization, hereinafter referred to as "Developer". Recitals: WHEREAS, Developer received land use approval, Planning Commission Resolution No. 86-2-23-1, providing for the placement of four temporary trailers on Developer's existing church site concurrent with the expansion of a permanent educa- tional facility; and WHEREAS, on August 20,. 1986, Developer submitted a new master plan providing for an expansion of a proposed educational facility; and WHEREAS, the proposed master plan would require a new architectural approval from the City's Planning Commission; and WHEREAS, Developer desires to construct the four temporary trailers on the subject site prior to review and approval of the new master plan; and WHEREAS, the Planning Commission, on August 12, 1986, recommended that the Developer be allowed to place the four modular trailers on site prior to approval of the Developer's new master plan subject to the execution of an agreement between City and Developer, NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN CITY AND DEVELOPER AS FOLLOWS: i ATTACHMENT A (1) Timeframes: Developer shall be authorized to place four (4) temporary modular trailers on Developer's site, subject to the following timeframes: a. Developer shall submit a revised master plan to the City's Planning Commission as a work session item within three (3) months from the date of this Agreement. b. Developer shall present a formal submittal for the Phase II educational facility within six (6) months from the date of this Agreement. C. Developer shall submit final working drawings (con- struction plans) within 12 months from the date of this Agreement. d. Developer shall apply for and receive building plan and permits within 15 months from the date of this Agreement. e. The four (4) modular units shall be removed from the site within 30 days of the date of Certificate Of Occupancy for the educational facility. (2) Default: Developer's failure to meet any of the above stated timeframe require- ments shall constitute a material default of this Agreement and the parties hereto agree that said default shall constitute an automatic termination of this Agreement. In such event, Developer shall immediately remove the four modular units from the site. (3) Time of Essence: Time is of the essence with regard to the timeframe requirements of Paragraph (1). 2 (4) Use of Units: Developer shall use the modular units primarily for the purpose of conducting Sunday School classes. The units are not to be used for regular daily child care or educational activities, without the consent of the City first obtained. (5) Attorney's Fees: In the event that City is required to take legal action to enforce any provision of this Agreement, City shall be entitled to reasonable attorney's fees incurred in prosecuting an appropriate legal action under this Agreement. (6) Land Use Conditions: Developer shall satisfy all conditions of approval directly related to the construction of the modular units as set forth in Planning Commission Resolution No. 86- 2-25-1. OCEAN HILLS COMMUNITY CHURCH, Developer C OF S ISTRANO, City Kenneth E. Friess, Mor , ATTEST: APPROVED AS TO F i ,z:1 / Mary Ann Hanover, City Clerk .john Vaw, City Attorney i a APR 7� 7 Mfr OCEAN HILLS = 3fiYY„(Ug4CAp;ST April 7, 1987 COMMUNITY CHURCH QAGJrVg16, ANO 32222 Del Obispo Street Son Juan Capistrano CA 92675 ...i.'., City Council and Mayor Kenneth E.Friess City of San Juan Capistrano California, 92675 Dear Distinguished Council Members and Mayor Friess: On October 7, 1986, Ocean Hills Community Church and the City of San Juan Capistrano entered into an Agreement(see attachment)which allowed Ocean Hills to place four temporary trailers on our existing church site while expanding our current facility. Paragraph 1. of the Agreement included a timeframe for the proposed expansion to take place. Item a. of paragraph 1. stated that the developer should submit a revised master plan to the City's Planning Commission within three months from the date of the Agreement. This deadline was met in a timely manner. However, the master plan now calls for postponing the construction of the educational wing (Phase II) and beginning the construction of the new sanctuary instead. The new sanctuary will include a garden level with the capacity for more classrooms than the proposed educational wing. This presents a problem in that item b. of paragraph 1. states that the developer shall present a formal submittal for the Phase Il educational facility within six months from the date of the Agreement. It was the desire of Ocean Hills to present formal submittals on the new sanctuary at the stated time but,after a second hearing with the Planning Commission on January 27, 1987, we were delayed. At the aforementioned hearing, although we had complied with staffs recommendations, the Planning Commission still had some reservations regarding the proposed master plan. One of their strongest involved the intensity of use of the property and they asked that we have a traffic study conducted. That was accomplished on the consecutive Sundays of March 22 and 29, 1987, by an independent traffic engineering firm. The results have not yet been published, but should be forthcoming immediately. Therefore, Ocean Hills Community Church is asking for a six to eight-month extension of items b., c., d. and e. of the Agreement dated October 7, 1986, in order to comply with the requests of the Planning Commission. We understand time is of the essence and are doing everything within our power to meet the spirit of this Agreement. If at all possible,we will complete the above-mentioned items in a shorter period of time. Respectivley submitted, J es GWt Anis Rev. Homer E. Waisner, Jr., Founding Pastor Phone: (714) 496-7411 ATTACHMENT B MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCMHEIM ,rBaGPRKENNETH E. FRIESS (9a1u1nII lA6I GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE • /III��� • CITY MANAGER 'l STEPHEN B JULIAN June 10, 1988 Reverend Homer Waisner Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, California 92675 Re: A reemera Allow in Four Modular Units and Preparation of Master Development Plan Ocean Hills Community Church Dear Reverend Waisner: The City Council of the City of San Juan Capistrano at its regular meeting held June 7, 1988, granted a twelve-month extension of the Agreement to allow four temporary modular units at Ocean Hills Community Church. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, 2,�S4�� Mary Ann H over, CMC City Clerk MAH/mac cc: Director of Community Planning and Development Charles f. Vermeulen Villa del Obispo Community Presbyterian Church of San Juan Capistrano Jim Eckman, Rancho Alipaz Mobile Estates Ruth Loud, Rancho Alipaz Mobile Estates Vickki Moore, Vedder Park Management Art Gary, Rancho Alipaz Mobile Estates 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 �s_ f I MEMBERS OF THE CITY COUNCIL J fj� ANTHONY L. BLAND `i■ LAWRENCE F. BUCHH EIM IK01101IIEI KENNETH E. FRIESS f�611H 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN August 22, 1986 Reverend Homer Waisner Ocean Hills Community Church 32222 Del Obispo Street San Juan Capistrano, California 92675 Re: Agreement to Allow Four Modular Units Dear Reverend Waisner: The City Council of the City of San Juan Capistrano at its regular meeting held August 19, 1986, directed the City Attorney to prepare an agreement for City Council execution to allow four temporary modular units to the existing Ocean Hills Community Church site, subject to the time line as recommended by the Planning Commission. You will be notified when the Agreement is presented for Council execution. If you have any questions, please do not hesitate to call. Very truly yours, M' � MARY ANK HANOVER, CMC City Clerk MAH/mac cc: Director of Community Planning and Development Villa Del Obispo Charles Vermeulen Charles G. McCollum Reverend Robert Schwenk Mr. Luis Glasbrenner 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 v',Lb t MEMBERS OF THE CITY COUNCIL M� ANTHONY L. BLAND LAWRENCE F. BUCHHEIM •� ,. KENNETH E. FRIESS -0 1961 GARY L. HAUSDORFER 1776 J\ PHILLIP R. SCHWARTZE • • CITY MANAGER STEPHEN 8 JULIAN October 9, 1986 E. Farrand Ocean Hills Community Church 32222 Del Obispo San Juan Capistrano, CA 92675 Re: Agreement for Placement of Modular Units (Ocean Hills Community Church) Dear Mr. Farrand: The City Council of the City of San Juan Capistrano at its regular meeting held October 7, 1986, approved the Agreement between the City and Ocean Hills Community Church providing for the placement of four temporary trailers on the existing church site. An executed copy of the Agreement is enclosed for your records. Also enclosed is a copy of a letter from Charles Vermeulen. In response to Mr. Vermeulen's letter, the City Council instructed staff to review the landscape plans. You will be apprised of the results of this review. Thank you for your cooperation. If you have any questions, please do not hesitate to call. Very tryly yours, MARY ANN'kNOVER, CMC City Clerk MAH/mac Enclosures cc: City Attorney Director of Community Planning and Development Mr. Luis Glasbrenner Rev. Robert Schwenk Charles Vermeulen Villa Del Obispo 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 RFCF_IVrn October 6, 1986 Mr. Kenneth Friess Mayor, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Ocean Hills Community Church Item No. 8, Meeting of October 7 , 1986 Dear Mr. Friess: As a neighboring landowner, I was notified of the proposed agreement between the City and Ocean Hills Community Church for the installation of four temporary trailers on the church property. We certainly have no objections to the installation of the four trailers, and urge that the agreement be approved. We do, however, wish to call the City' s attention to a problem which is bound to arise: specifically, the church has planted cypress trees about two feet from our property line; the trees are spaced 30 feet apart for a length of about 400 feet. We fear that these trees will soon grow to extend 15 or more feet within our property. The encroachment will, as you know, not be limited to the top, and you can expect the same kind of root encroachment. We call this matter to the council' s attention before the trees have become firmly rooted and solutions become too difficult to solve without hardship to all. Respectfully, Charles I. Vermeulen N11 x , �- ctw�, 1 ' PC RESOLUTION N0. 86-2-25-1 i 2 i A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A SITE PLAN MODIFICATION 4 TO AC 81-1 TO ALLOW INSTALLATION OF FOUR TEMPORARY CLASSROOM TRAILERS ON AN EXISTING CHURCH SITE IN 5 i THE IP DISTRICT b I WHEREAS: 7 1. The applicant, Ocean Hills Community Church, 32222 Del Obispo Street, San Juan Capistrano, California, has submitted an 8 appplication for approval to locate four temporary trailers on an 9 i existing church site located at 32222 Del Obispo Street. 10 2. The City' s Environmental Review Board has determined that the proposed project will not have a significant effect on the 11 environment , has accordingly issued a Negative Declaration for the project, - and has otherwise carried out all requirements of • 12 the California Environmental Quality Act; and 13 3. The City' s Architectural Board of Review has reviewed the project and forwarded it to the Planning Commission recommending 14 Iapproval , subject to certain conditions ; and 15 14. The Planning Commission hereby finds and determines as follows : a. The project is consistent with all - applicable goals, 16 objectives, and policies of the General Plan. 17 b . The project, as designed and conditioned , is consistent with all applicable requirements of Title 9 (Land Use) of the 18 Municipal Code . 19 C . The project is consistent with Council Policy adopted in June 1982, which permits favorable consideration of the use 20 of temporary units by community service and nonprofit 21 organizations: THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby 22 approve site plan modification to AC 81-1, subject to the following conditions : 23 1. Building Plans - Final building plans shall be reviewed and • 24 approved by the Architectural Board of Review during Phase III. 25 2. Temporary Facilities - The four 24 ' x 60 ' temporary units may be 26 installed upon submittal of final working drawings for plan check. If permits are not issued within a 120-day period , the 27 temporary units shall be removed within 30 days. Said temporary units shall be removed one year from the date placed on-site or within 30 days after issuance of use and occupancy permits for 28 the permanent facilities, whichever occurs first. 29 • 30 31 32 I i • i I 1 I Resolution No . 86-2-25-1 I 2 i 3 3. Landsca a Plans - Final landscape plans for the temporary trail- ers s a be reviewed and approved by the Architectural Board of 4 Review during Phase III. Temporary landscaping for the trailers shall be installed prior to issuance of occupancy permits for the 5 i temporary units. The Planning Commission shall review and approve the plans for permanent landscaping on-site . All perma- 6 nent landscaping must be installed prior to issuance of occupancy i permits for the educational facilities. 7 4. Buildin Desico on and Location - The trailer units shall be painted g to matc the r of the permanent structures on-site. In addition, the trailers shall be located at the northern boundary 9 of the gravel parking area, east of the existing church buildings. 10 1 5. Water - Water transmission and distribution facilities shall be 11 i de is gned , constructed , and dedicated in accordance with Section 9-4. 109 of the Municipal Code and the requirements of Capistrano • 12 j Valley Water District. Such distribution facilities and appur- tenances shall be approved by the County Fire Marshal . 13 6. Sanitation - Sanitary facilities to serve students in the tempo- 14 rary trailers shall be located and constructed in accordance with Article 9-4. 1 (Design Standards and Requirements) of the 15 Municipal Code and adopted City policy. 16 j 7- Fees - All required fees shall be paid prior to issuance of any i building permit. 17 8. Fire Safety - Building and site plans shall be reviewed and 18 approved by the Orange County Fire Department for conformance j with Titles 19 and 24 for educational facilities. 19 9. Light n - Detailed lighting plans shall be reviewed and approved 20 yb the Architectural Board of Review during Phase III. All lighting shall be mercury vapor . 21 10. Restricted Use - The temporary trailers shall not be used as a 22 day-care or educational facility. 23 I BE IT FURTHER RESOLVED, that said action shall not be deemed final j until 21 days after the date of this resolution. Any aggrieved party 24 may appeal any part of this action to the City Council within said 21- day period by doing so in writing to the City Clerk. 25 i 26 1 27 28 -2- 29 i • 30 31 I 32 i i I I i I 1 Resolution No . 86-2-25-1 2I' 3 + PASSED, APPROVED, AND ADOPTED this 25th day of February, 1986, by the following vote , to wit : 4i 5 AYES: Campbell , Davies, Nash NOES: None 7 ABSENT: Wordes 8 ABSTAINED: Nunn I _ 910 CAROLYM NASH, CHAIRMAN 11 •12 13 THOMAS TOMLINSON, SECRETARY 14 15 j 16 17 18 19 i 20 21 22 23 24 •25 26 27 28 I -3- 29 30 1 32 i i i , i I RESOLUTION NO. 1178 r, ptr nor A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONA LINDA OPPOSING BALLOT PROPOSITION 61 WHEREAS, Proposition 61, the Gann Initiative, has qualified for the November 4, 1986 ballot; and WHEREAS, Proposition 61 was drafted using terminology and defini- tions not substantiated or confirmed by California's legal system; thereby creating many years of litigation in state courts to define the measure; and WHEREAS, implementation of Proposition 61 on the basis of prelimi- nary studies is believed to cost California taxpayers in excess of $7 billion; and WHEREAS, Proposition 61 would impact all pay levels of all city, county, state and public employees by setting an arbitrary limit on com- pensation, drastically decreasing salaries and eliminating the "built in" cost of living adjustment; and WHEREAS, Proposition 61 would impact the benefits of all public employees by prohibiting the carryover of earned but unused vacation time and sick leave from one year to the next; and WHEREAS, Proposition 61 is unworkable, unfair, counterproductive and would: (1) compromise the quality of individuals recruited for public services; (2) reduce the effectiveness of our court system by forcing dis- trict attorneys and judges into the private sector; (3) reduce the effectiveness of our law enforcement and public safety agencies by reducing their ability to contract with the private sector for emergency services; RESOLUTION NO. 1178 (4) make government less efficient, more costly and less produc- tive by disrupting the services provided by private contract; (5) have a devastating effect on medical research, care, teaching resources and impair recruitment and retention of medical per- sonnel; (6) take away local control over local issues; (7) impact the private sector by regulating the business relation- ship between government and contracting businesses; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Loma Linda opposes Proposition 61 and urges the citizens of Loma Linda to vote "NO" on the measure; and BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to certify to the passage of this resolution and to cause a copy to be sent to the news media, the League of California Cities, all cities within California, and other interested parties. ADOPTED this 23rd day of September, 1986. Elm . Digneo Mayor ATTEST: Pamela Byrnes-O , City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) CITY OF LOMA LINDA ) I, Pamela Byrnes-0'Camb, City Clerk of the City of Loma Linda, State of California, do hereby certify that this is a true and correct copy of RESOLUTION NO. 1178 known as: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA OPPOSING BALLOT PROPOSITION 61 and which is on file in the Office of the City Clerk, City of Loma Linda, California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Loma Linda this Z±&day of s CITY CLERK CITY OF LOMA LINDA, CALIFORNIA lI /a 8 Anduae.A 744- ''