1993-0420_GLENFED DEV CORP._G3a_Item Minutes 4
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Approval of Year 18 CDBG Operating Agreements:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Year 18 CDBG Operating Agreements in the amount of$75,000 in funding be approved
for the rehabilitation of mobile homes($50,000) and the rehabilitation of private properties for low- and
moderate-income residents ($25,000). The Mayor was authorized to execute the Agreements on behalf
of the City.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. ASSIGNMENT OF IMPROVEMENT AGREEMENTS - TRACTS 12262 AND 12423, GLENFED
DEVELOPMENT CORPORATION AND CCL REALTY LTD. (600.30)
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, recommending that
Assignment Agreements be approved with Glenfed and CCL Realty to transfer the responsibilities for
completion of the remaining public and private improvement work required by the tracts' Improvement
Agreements from Glenfed to CCL Realty. Staff based its recommendation on the fact that the majority
of the private and public improvements had already been completed by Glenfed, with the remaining
work to be completed by the new builder prior to the issuance of Certificates of Occupancy.
Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12262:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTIONNO.93-4-20-3,ASSIGNMENTOF IMPROVEMENT AGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD.
ITRACT 12262) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO,CALIFORNIA,APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS,DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12423:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTIONNO.93-4-20-4,ASSIGNMENTOFIMPROVEMENTAGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD,
(TRACT 124231 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO,CALIFORNIA,APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS,DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried i y the following vote:
City Council Minutes -8- 4/20/93
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AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. STATUS REPORT ON PROPOSED RESIDENTIAL INSPECTION ORDINANCE,
AUTHORIZATION TO PROCEED WITH ALTERNATIVE PROGRAM (585.10)
Written Communications:
(1) Report dated April 20, 1993, from the Director of Engineering and Building, recommending
that the proposed Residential Rental Inspection Ordinance be modified to become a Property
Maintenance Ordinance, which would retain the health and safety elements of the Residential
Rental Inspection Ordinance but eliminate the annual inspection program. Staff also
recommended that representatives of homeowners associations be encouraged to augment and
expand their property management functions to aggressively and effectively enforce their
CC&R's and to provide more direct management and enforcement of occupancy and use
regulations within their communities.
(2) Letter dated April 20, 1993, from Karen Jackie of Paul Jackie & Associates, 18652 Florida
Street, Suite 360, Huntington Beach, in support of the staff recommendations and offering
suggestions regarding enforcement and consideration of alternatives.
(3) Letter dated April 16, 1993, from Blanche Chestek, 26438 Paseo Carmel, requesting the City's
assistance in resolving problems at the Capistrano Villas.
Mr. Huber made an oral presentation. He noted that the proposed Property Maintenance Ordinance
would be enforced on a complaint basis by the City's Code Enforcement Officer and would apply City-
wide to all residential property.
Council Comments:
Council Member Campbell expressed concern whether the proposed Ordinance would be strong enough
to address existing problems in certain areas of the City. Mr. Huber felt it would be a good start in that
direction with staff monitoring its effectiveness before recommending any stronger enforcement. In
addition, staff would continue to work with the homeowners associations through the Neighborhood
Preservation Program regarding how the associations could better approach the problems. Council
Member Campbell stated that many homeowners associations lack effective management. She advised
that she has been contacted by residents who are frustrated with problems occurring in their
development and who lack an understanding of the CC&R's and how to get problems resolved. Mr.
Scarborough noted that in many cases, a development's CC&R's are more strict and more enforceable
than City law, and that homeowners associations must be urged to exert their own authority to resolve
these problems. Individual complaints can be handled on a case-by-case basis by contacting the Code
Enforcement Officer, the City Manager's Office, or the Sheriff's Department. Mayor Jones
recommended that tenants be provided with a list of the names and phone numbers of their
homeowners association board members. Council Member Vasquez suggested that homeowners
association be requested to publish information about the City's program in their newsletter to
encourage more tenant participation.
Public Comments:
(1) Erica C. Pierce, representing the Apartment Association of Orange County, 12822 Garden
Grove Blvd.,Suite D,Garden Grove,spoke in support of the staff recommendation. She noted
the Association's letter dated \pril 14, 1993, in opposition to the City previously proposed
Rental Inspection Ordinance. le stated that homeowners associations have more control oyer
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