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Resolution Number 95-5-2-13RESOLUTION NO. 95-5-2-13 —MMMMFi M-1-IMP1► s ki I _131 ► M olittv_ C:s u 1C _ I' _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF AN AMENDMENT TO TITLE 8, CHAPTER 10 OF THE MUNICIPAL CODE ENTITLED "SOILS WARRANTY PROGRAM" WHEREAS, the City adopted Chapter 10 of Title 8 establishing a Soils Warranty Program that is general in nature and does not provide specific criteria that individual programs are to contain, nor does it provide definitions on what type of slope subsidence is to be fully covered; and, WHEREAS, due to the lack of specifics, each residential subdivider has submitted various programs that do not contain a continuity of coverage among the various subdivisions that have been subject to the provisions of the current regulations; and, WHEREAS, in the last several years it has been determined that the present programs do not create a funding mechanism that will cover a catastrophic failure; and, WHEREAS, new methods have become available by recent legislation authorized by the State of California, that will assist in providing a financial mechanism that will address the issue of repairing a catastrophic slope failure; and, ' WHEREAS, a modification to the present regulations setting forth specific minimum requirements that will provide for comprehensive coverage will assist in implementing the intent of the City in the establishment of this program. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby initiate consideration of an amendment to the Municipal Code to create a more comprehensive soils warranty program that will address both catastrophic and surficial slope subsidence events. BE IT FURTHER RESOLVED, that initiation of this amendment shall not be construed as future approval, it merely creates the opportunity for the issue to be fully discussed after conducting duly noticed public hearings to receive testimony on the merits of the proposed amendment prior to a formal action by the City Council. ATTEST: CITY CLERkJ PASSED, APPROVED, AND ADOPTED this 2nd day of 1995. CAROLYN N SH, MAYOR -1- 295 296 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-5-2-13 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of May 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SO , CITY CLERK -2-