HomeMy WebLinkAbout05-21-2017 Ryff - Public CommentSummary of Public Comment Regarding Adopted ResoluticSi...I90CMa&ERK
Gail Ryff
354 Tresana Lane
(805) 234-4682
May 21, 2019
I am Gail Ryff. I was the third Owner to move in the Toscano 160 planned
unit development. I am also a Board member of the developer controlled
HOA Board. I am strictly speaking as an Owner and not as a Board
member.
Last month in a conversation with Hal Hannula, Supervising Civil
Engineer, Community Development regarding a tract map question, I
found out that the city owned berms with the bio drain inlets on the city
owned streets have maintenance and certification requirements under
Municipal Code 12.08.160 for private owners. He thought the Declaration
of Covenants, Conditions and Restrictions (CC&Rs), recorded August 29,
2016 included provisions for the berms as common control, so a recorded
maintenance agreement with the City could be established with the HOA.
However, there are no common control provisions for these berms or any
maintenance agreement in the CC&Rs. I don't know if these Municipal
Code requirements were disclosed to the affected Lot Owners when they
purchased these homes. Not all affected Owner Lots in Phases 1 and 2
with berms have these bio drain inlets. Approximately two-thirds of the
Owner Lots with these berms have bio drain inlets while most of the rest
are regular landscape berms with some corner Lots with concrete. The
location of the berms with purple and private water meters is on the
attached tract map. Keep in mind that Phase 3 is planned to start shortly.
Afterwards, I spoke to Chris Neri, the Assistant Commissioner with the
Bureau of Real Estate regarding this. He suggested that I look at the
requirements for final map approval to see what it contained. I was
unaware of Resolution 10514, Final Map for Tract 2428-1, Calle Malva,
adopted by City Council on August 16, 2016. I assume it is still in effect.
Resolution Numbers 63 to 67 specifically defined the provisions of the
CC&Rs that City Council required (and adopted). I immediately noticed
that the city owned berms with bio drain inlets are not listed as a
requirement in this section. In addition, Number 39 indicates recycled
water use areas will include any landscape or turf areas under common
control. ALL berms next to private lots are using private owner water. If
the berms become a city -required provision, Number 66.c implies City
Council approval. These discrepancies are summarized in the attached
Resolution chart.
I also noticed that Number 66.f requires drainage swales for back side
Lots 19 to 57 as HOA maintained with a fire plan under Number 87; but
are not included as a provision of the CC&Rs. Without this, the HOA has
no authority to do so.
Number 63 implies the CC&Rs shall be approved by the City Attorney
prior to the recordation of the Final Map, or any phase there of. Has this
happened?
I wrote Michael Codron, Community Development Director, on the city
web site on April 23, 2019 asking if this approval happened. What
happens if not? There's no easy way to amend CC&Rs. I did not receive a
response.
I then forwarded a copy of what I wrote to attorney @slocity.org on May
3, 2019. 1 did not receive a response.
I am asking for either one or both to account for these discrepancies that
has brought confusion to our new housing development.
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Toscano Development Types of Berms
Common Lot 81 city owned berm with bio drain inlet using purple water.
Toscano Development Types of Berms
Private Owner Lot with city owned berm with bio drain inlet using private water.
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From: Gail Ryff gailryff@gmail.com (v
Subject: Toscano HOA
Date: May 3, 2019 at 8:48 AM
To: attorney@slocity org
To Whom This May Concern:
I wrote Michael Codron on the City website on April 23, 2019. 1 sent twice it not realizing it went through the first time. I did copy
what I wrote and saved it. Can you follow through with him on this?
In this email, I quoted 51 % Owner approval. I was wrong it's 67% Owner approval and 51 % mortgage lender approval.
Thanks, Gail.
Hello Michael,
1 recently became aware afa resolution that was presented to City Council on
August 16, 2016 as Approvalof the Final Map for Tract 2428-1, 3000 Calle Malva
(TR 121-13). In that resolution, it appears there are some items that assigned
responsibU ies to the Toscano Association that are not current provWonsin the
CC&Rs recorded August 29, 20166 There was another City Council Meeting on
August 15, 2017, which appears to do the same. However, Item #66 (Packet Pge.
154) of the August 15, 2017 report, indicates that you and the City Attorney are
required to approve the provisions of the CC&Rs before final approval of the final
map. Has this occurred with Phase 17 Or, will tt happen in Phase 3 at final map
approval? Were the provisions of the current CC&Rs approved by the City before
they were recorded? Can you walk me through the logistics of this process? My
concerns: Any changes to the provisions of the CC&Rs or impact to HOA dues by
more than 20% would first require Chris Neri's(AssistantCommissioner BRE)
approval if there are still units for sale before any amendments could be proposed
to the Owners. Chris told me that the BRE would also require a new conditional
report while the BOD obtains 51% of member approval (Owners other than the
subdivider) and also in our case, lenders. This is a very tedious and expensive
process with no guarantees of success, Without Owner approva4 Chris won't
approve it 1 don't know how a judge could approve any amendment without 51%
owner appmvaL I am confused as to how Item #66 works w ithout go ing th rough
this approval process. Can you explain it to mel 7 My phone number is (805) 234-
4682.1 am homeownerand current 5ecretaryofthe HOA Board, Thank you.