| Reposted by San Lorenzo Express |
MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1190
January 15, 2009
1.1 CALL TO ORDER - The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, January 15, 2009. President Wulf Bieschke called the meeting to order at 7:36 pm.
1.2 SALUTE TO THE FLAG - President Bieschke led the Board and the audience in the pledge of allegiance.
2.3 ROLL CALL - Directors Wulf Bieschke, and Mel Medeiros , Pat Pebelier, Kathy Martins and Director Wright were all present.
2.O MINUTES FROM THE PREVIOUS MEETINGS -- Director Medeiros makes a motion to approve board meeting #1187 of November 20, 2008, Work Sessions January 5 and January 7, 2009 meeting which were combined to make meeting number #1189 and the notes from the board meeting that did not have a quorum and is noted as meeting #1188. President Bieschke seconded the motion. The motion carries unanimously.
President Bieschke noted that the December 2008 meeting was the first meeting in the history of Association Board meetings where there were not enough board members in attendance to have a quorum. He reiterated that the reason for the absences were to illnesses and unforeseen family circumstances.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 CHP -- Officer Tuazon was not present but left the following statistics.
CHP Statistics for December 2008
Total for
Infraction San Lorenzo Unincorp. area
Collisions 13 118
Tickets 47 1,084
Parking Tickets NA NA
Storage/Impounds 8 88
Reported Stolen 2 8
Stolen Recoveries 2 3
Traffic Complaints NA NA
Parking Complaints NA NA
DUI Arrests NA NA
3.2 Sheriff's Department
Deputy Liskey reported on the crime statistics and left information on vehicle theft and how to prevent it. There has been a huge increase in auto thefts in the past two months in San Lorenzo and the surrounding areas.
Liskey said that over the holiday season the sheriff's department was involved in several campaigns for crime/drunk driving etc. These campaigns yielded favorable results for the public and his department. They put over 200 plus hours during the holiday season and made over 140 arrests. The "Avoid the 21" campaign which combined other law enforcement agencies in the prevention of drunk driving, yielded 430 arrests in a 16 day period and was extremely successful. Deputy Liskey announced that Sgt Gimmel is leaving the Cop Shop and Sgt. Bret Schuler will be taking his position. Sgt. Schuler spoke to the audience stating that he has been with the department for over 12 years and has roots in San Lorenzo. His 93 year old grandmother still lives in the Village. The concerns residents have in this area are also his concerns. He looks forward to working with the community and invited residents to call the Cop Shop with any concerns.
Resident Keith Barros questioned something he had read in the paper about a couple of men caught shooting at each other on Lewelling. What was the location on this street? Sgt.Schuler stated that it was somewhere within the 600 block of Lewelling.
President Bieschke asked about a burglar on Via Sonata who has been seen wearing a paper bag over his head with holes in it. Schuler noted that there was a suspicious person noted in that area, however he did not think he was connected with any burglaries. His department thinks it is more of a "peeping Tom" issue. The suspect has been identified as an Asian male driving a dark vehicle with the plates covered. Anyone who sees anyone fitting this description should call the sheriffs department.
Director Medeiros commended the sheriffs about catching the suspects who were involved in a shooting near Via Manzanas. Deputy Liskey stated that the arrest was successful because residents stayed on the phone with his department and gave a very good description of the suspects and the vehicle they were driving. He encouraged more residents to be looking out for their neighborhoods in this manner, because it does make a difference.
Resident Barros commended the sheriffs department for catching a graffiti tagger underneath the 880 overpass on Hesperian.
Director Martins presented a gift to Deputy Liskey honoring him for his outstanding participation in the association's first Halloween Parade/Extravaganza.
3.3 Supervisor Lai- Bitker -- Gene Calderon, staff member for Supervisor Lai Bitker invited residents to attend the Supervisor's State of the County address which would be held on January 27, 2009 at the San Leandro Library. Calderon stated that there will also be Farmers Market starting in May in the old Mervyns Parking lot; more details will follow with the exact dates and times.
3.4 Zoning Enforcement Report - No report was left for the month.
3.5 Public Comment - Items Not on the Agenda
Michael Ratto and his wife Lisa Ratto read a petition they created and passed around for residents to sign. Mr. Ratto stated they have signatures representing 315 homes in the Association and wanted to hold a special meeting for the membership regarding the Association's by-laws. He asked the Board to put an item related to this on the agenda for the next meeting in February 2009.
The Administrator stated that this petition was filed in Alameda Superior Court by the Ratto's and the Gomes' and was later dismissed. The Administrator noted that upon receipt of the petition, the Association's attorney reviewed it and filed a legal response disputing many of their claims. At that point, the Rattos and Gomes withdrew from the case.
Resident Lois Moser stated that she has just become aware of the petition. She has had many conversations with Mr. Ratto about this petition and its validity. She stated that if the members repeal the by-laws then we would be under sole control of Alameda County. She asked residents to look at those areas that are only under the auspices of Alameda County. Many of these areas are run down and do not have sidewalks. If residents are concerned about the increase in dues or other issues related to the Association, she understands that and believes their concerns should be heard. However, she does not believe dismantling the Association would be in the best interest of its members. She suggested that the board bring the by-laws up for discussion at the next board meeting and invite residents to address other concerns they have with the Association.
Resident Kathie Ready stated that she has lived here for many years and bought her house because it was in a homes association. She said the board has done a lot for the area in the past several years. Ready asked residents to go into any other community that is 65 years old and you will mostly find it in disrepair. She stated that the Association and its rules and regulations help our community, its residents and property values.
Resident Keith Barros stated that he would be interested to look at the current petition and the residents who signed it. He would like to know why they signed it and what was said to the homeowners when it was presented to them. He noted that many who live in the San Lorenzo Homes Association came here because there was an association which had rules and regulations. He stated that he believes a lot of the residents who are disgruntled by the homes association feel this way because they do not want to play by its rules. Barros said that it is not necessary to dissolve the HOA. He would like to see everyone involved in the petition discuss their concerns openly with the board so that differences can be resolved.
Resident Ernesto Jasso from 1615 Via Amigos stated that the board should allow the issues related to the petition to be heard at a board meeting. He feels like there are certain people who are "singled out" in the community and thus feel alienated by the process. He does not see things being taken care of in the village and thinks the Association focuses mainly on "petty" issues.
Resident Brenda Carr stated that she has attended meetings discussing Ratto's petition. Her concerns were that over 300 people signed the petition. Obviously these residents are not happy and should have their concerns addressed at a public meeting. She noted the board is a political entity and as such as a difficult job, however it also has an obligation to its members. She encouraged the board to hold a meeting where residents concerns can be heard.
President Bieschke invited the all residents to the Annual meeting on February 19, 2009. He would like to hear anyone's concerns about the Association.
4.0 FINANCIAL REPORT
4.1 Approval of November 2008 and December 2008 Expenditures -- Director Wright makes a motion to approve the expenditures for November and December 2008 , Director Martins seconds the motion passes unanimously.
5.0 ADMINISTRATOR'S REPORT
5.1 Informational Items -- The Administrator stated that there will be a meeting regarding the East Bay Ground Water Project on January 27, 2009 from 6:30 to 9:00 p.m. at the Oro Loma Sanitary District Office. Director Medeiros will be attending on behalf of the board and resident Jack McKinnon is also on the Committee. This meeting will further discuss the issue of how the water is to be used.
The Administrator said that there was a meeting last night about the San Lorenzo Community Resilience Survey. The survey deals with what residents in San Lorenzo would like to see in the community. She has a copy of the results. There are extra copies in the office for anyone who is interested.
6.0 OTHER BUSINESS (motions may be required)
6.1 Presentation from Rodrigo Orduna, Alameda County Planner Assigned to San Lorenzo - Timed Agenda item at 8:00 p.m.- Mr. Orduna wanted to introduce himself to the community. He noted that he deals with the review of development in our area. Land use development is his specialty. Orduna stated that if residents have any questions about the upcoming meetings on the General Plan, to let him know. He will make sure their concerns are addressed and heard by the proper persons. He wants to help develop a better relationship with the Village and the county and will be on hand at future Association meetings to address residents concerns.
The Administrator asked whether the county has adopted a fence policy. Orduna stated that his office has to address the "Green Development Ordinance" first, the issue of fences will be heard after they finalize the green ordinance. Orduna noted that the ordinance review committee has been looking at new design guidelines and what those should be. The committee will be meeting again at the end of January - first part of February 2009.
The Administrator asked Orduna to summarize the garage conversion ordinance. Orduna stated that a "garage conversion" is defined as when " a homeowner converts garage space to living space". On a single family property, you must be able to replace the parking within the first 20 feet of a property in order to be approved for this type of building. You must also have adequate storage space to accommodate for that being lost through the conversion process. Any plans for conversion would have to go before the "design review committee". Orduna noted that for most homes in San Lorenzo, there is not enough space to make this type of conversion, and in most instances they are not approved. Code enforcement is dealing with any conversions that were not approved/permitted and have already been built.
Resident Lois Moser asked if the county ordinance takes precedence over the CC&Rs. Orduna stated that you have two sets of rules to meet. If a resident does not meet either the county or the Association requirements then they are deemed out of compliance. He stressed the importance for residents to first take their respective plans to the Association prior to having them reviewed by the county.
Director Martins asked if the county would be grandfathering any of the garage conversions that have already been built without permit. Orduno stated that none will be grandfathered in, each is processed as a new request and is reviewed to make sure it meets the parking and storage requirements. Director Martins asked if the county has a check list. Orduno stated that there are seven conditions that must be met for approval of any conversion.
6.2 Presentation from Doris Marciel on Village Square - San Lorenzo Historian -- The Administrator introduced Doris Marciel who is a native of San Lorenzo and its local historian. Marciel gave a background about the Village and how its homes were originally built. She said that Bohannon wanted to build a "community" not just a complex of homes. He wanted to create neighborhoods. This is one of the reasons the community was under a "homes association" to ensure the aesthetics of the neighborhood and instill rules that must be followed to maintain the look of the community. She noted that the Hayward Historical Society will have a feature about the Village at its next showing.
Marciel said that she would like to see some historical murals done on the buildings in the Village depicting "old time" San Lorenzo. She would also like to see the buildings restored on Via Mercado and Paseo Grande. Murals could also be painted inside and out of the library depicting the history of San Lorenzo. Marciel noted that it would be great to get local high school art students involved. She believes that with the uncertainty of the economy the buildings could stand vacant for another two to three years. If they were painted the area would look better and would cut down on graffiti and blight until it is developed.
Resident Kathy Ready noted that the buildings will have to be torn down in that area because they are not earthquake safe and have many problems with their infrastructure. She suggested that this issue be tabled until the Bohannon Organization comes back to the community with its plans in March or April 2009.
6.3 Library Renovation Artwork - Director Wright - Director Wright stated that a mural has been discussed for the San Lorenzo library. The Library committee has suggested that this mural be located on the far side of the main building. The committee was to discuss this issue with local historian Doris Marciel for her input. Renovations to the library will cost approximately $6000 and will start in May 2009 when the library will be closed until completion. The committee suggested using local high school art students to do the work. Marciel noted that the Alameda County Art Commission normally makes the decisions for county buildings. The Administrator noted that it is a county building, however it is on association property, perhaps that fact will help sway the county to listen to the community's ideas about who should paint these murals and what they should consist of.
Director Wright makes the following motion that the San Lorenzo Village Homes Association support the Library Committees recommendations for library renovations as follows:
1) That the specific artwork that is selected for the San Lorenzo Library be a mural;
2) That the selected mural for the library reflect the history of San Lorenzo;
3) That the Library Committee be involved in selecting the art and the specific design for the San Lorenzo Library;
4) And finally, that the San Lorenzo Village Administrator be directed to write a letter on behalf of the Association Board to the Alameda County Board of Supervisors setting forth all of the above recommendations
Director Pebelier seconds, and the motion is carried unanimously.
6.4 Update on Russell City Power Plant
The Administrator reported that the Attorney who has been helping us fight the Hayward Power plants wants the Homes Association to join as a "Group Petitioner" in the hearing for PG&E and Russell City Energy City (RCEC) to amend RCEC contract conditioned on the Administrative Law Judge finding that such participation for San Lorenzo constitutes a financial hardship which would entitle San Lorenzo to be reimbursed for any reasonable expenses and pay for our attorney fees.
The Association would be viewed as "category 3" organization: "a group or organization authorized pursuant to its articles . . . or bylaws to represent the interests of residential customers, to represent 'small commercial customers' . . .") The petition would include that participation is important but a financial hardship and to participate we need to participate in the intervener compensation. Attorney fees and costs are reimbursed if granted by the ALJ.
This power plant is five times larger than East shore and twice as physically big with a 1,000 foot high or 100 story high plume we'll all be looking at and breathing in. Homeowners have an interest in protecting their properties, residents' health and safety, the San Francisco Bay shoreline, the preservation of the Hayward San Lorenzo Bay Trail, and assuring that the air quality and health and safety of its residents and neighbors are fully protected, and that their utility rates are not increased in exchange for degraded air quality and threatened health and safety. Group Petitioners share the interest in assuring that school children and college students are provided education in a healthy and safe environment. This project is located within a few miles of several public and private elementary and high schools located in the San Lorenzo and Hayward School Districts and the Chabot Junior College, a campus of the Chabot-Las Positas Community College District.
Director Martins makes a motion that the San Lorenzo Village Homes Association participate as a group petitioner in the hearing for PGE and Russell City Energy to amend the Russell City contract. The Association's involvement would be conditioned on the Administrative Law Judge finding that such participation for San Lorenzo constitutes a financial hardship which entitles San Lorenzo to be reimbursed for any reasonable expenses and attorney fees. Director Medeiros seconds. The motion carries with four (4) ayes (Martins, Wright, Medeiros, Pebelier) and one (1) abstention (Bieschke).
6.5 EALI Governance Recommendations -- The Administrator summarized the recommendations that the Homes Association had agreed upon as follows:
1) To continue the Planning Commission as is, with the additional responsibility of hearing land use appeals from the Eden Area BZA and the Alameda County BZA (Board of Zoning Adjustments). This would create one more step of appeal prior to going to the Board of Supervisors, and more local control;
2) Create an Unincorporated Area Council which would be made of:
Director Martin made a motion to approve the Planning Commission draft as submitted above and to direct the Administrator to send a letter of the Association's behalf. Director Pebelier seconds, the motion carries unanimously.
7.0 COMMITTEE REPORTS
7.1 Community Engagement Committee - Directors Martins -- Director Martins said that this is a committee that she is forming and is dedicated to. It is being chaired by herself and Director Wright. The committee will meet the second Wednesday of every month at 6:30 in the community hall, starting February 11, 2009. The committee will be looking at ways to get community input and get residents involved. They are currently partnering with the San Lorenzo Little League for a "Casino Night" sometime in May.
She pointed out that both she and director Wright were wearing "Christmas Tree Hats" at the meeting in order to raise money for an artificial tree for the Association's Annual Tree Lighting event and Winter-fest. This year it was a huge success, however the live tree used for the lighting has outgrown its lights. Resident volunteer, Jim Ready will no longer be able to string the tree safely, thus it was suggested that a large artificial tree be purchased. The cost for this tree would be approximately $2000.00 or more. Director Martins asked residents to make donations to help purchase this tree for the Association.
7.2 Hayward Area Recreational District (H.A.R.D.) Committee - Director Medeiros -- Director Medeiros stated that with the passage of measure AA, there are park funds to be spent in San Lorenzo and he has been selected to be on the Advisory Board for this measure. They will be reaching out to the community for suggestions as to where these funds should be spent in our community.
8.0 PUBLIC COMMENT -- None.
9.0 COMMENTS FROM BOARD MEMBERS
Director Medeiros thanked all the residents for coming. He asked that they invite their neighbors to the next meeting and reminded owners to attend before they have a complaint or an issue.
Director Wright thanked all the residents that stayed for the entire meeting and invited residents to come to the Board's next meeting and its "Meet and Greet" in February 2009.
Director Bieschke invited everyone to join the board at its next meeting. There will be an annual meeting as well as a "Meet and Greet" with dinner and a free raffle to all who attend. At this meeting new board member(s) will be seated.
Martins thanked all who attended and asked them to get involved with the board and invited them to the Community Engagement committee that will be meeting on Wednesdays at 6:00 pm in the community hall; the next meeting would be on Wednesday, 2/11/09.
Resident Kathie Ready reminded everyone that this is not the end of the meeting, and if you want to know how hard the staff is working to help maintain San Lorenzo, it is important to listen to the lien and violations report.
10.0 LIENS AND VIOLATIONS REPORTS
There have been no liens released since the December 2008 board meeting.
December 2008 Violation Report
Number Violation No. of Letters 1/19 Inoperable Vehicles in driveway 5 2/22 Recreational veh/trailer in driveway 4 6 Lack of General Maintenance 3 10 Lawn Height 2 11 Dead Trees 0 12 Overgrown Vegetation 0 13 Holiday Lights 0 14 No signs 0 15 Building Exterior 1 16 Dirt Accumulation 0 17 Attractive Nuisances 0 18 Lean/miss fence 0 20/7 Unpaved parking 0 21 Working on vehicles 0 23 Dogs/Cats more than 2 0 24 Barking dogs 3 25 Prohibited animals 1 26 Excessive noise 0 27 No Home Business 0 28/99 Other/ comments 3 30 Multiple violations 1 31 Plans needed 1 Total 24
11.0 HEARING AND VARIANCE ISSUES (Requires recommendation motion)
Agendized for December 18, 2008, Heard January 5, 2009 (due to lack of quorum):
17132 VIA ANACAPA -- Yard Maintenance. Continued for 30 days.
17367 VIA PRIMERO -- Inop/Stored Vehicle. Violations cleared, closed.
16169 VIA ALAMITOS -- Unpaved parking. Violations cleared, closed.
16121 VIA ALAMITOS -- Multiple Violations. All violations cleared, closed.
16082 VIA ALAMITOS -- Multiple Violations. All violations cleared except need to produce registration on one vehicle revisit if needed in 30 days.
1436 VIA BUENA VISTA -- Building Maintenance. All violations cleared, closed.
1601 VIA HELENA -- Inop/Stored Vehicle and debris. Fine and recheck in 30 days.
17463 VIA ANNETTE -- Other-comments. All violations removed, closed.
1764 BOCKMAN ROAD -- Inop/Stored Vehicle. All violations removed, closed.
1527 VIA ESCONDIDO -- Inop/Stored Vehicle. Owner came in and house in foreclosure, recheck in 30 days.
1743 VIA VENTANA -- Trailer 36 hrs+. Owner requested extension, doing interior work; gave 60 day extension.
1446 Via La Paloma -- Inop/Stored vehicle. Fine $200 recheck in 30 days.
1867 BANDONI -- General Maintenance of Property. Owner agreed to get rid of all violations within 7 days, revisit if needed in 30 days.
1975 VIA AMIGOS -- Other-comments. All violations removed, closed.
16153 VIA HARRIET -- General Maintenance of Property. Fine and refer to collections.
15577 LORENZO -- Multiple Violations. All violations removed, closed.
1063 BOCKMAN ROAD -- Yard Maintenance. Possible foreclosure; contact realtor and revisit in 30 days.
Variances
16000 Via Paro -- Front/side yard fence already built. Continued until January 15, 2009 work session.
15812 Via Eduardo -- Side fence application (revisited). Continued until January 15, 2009 work session
Policy Review about Landscaping/Front Yard Maintenance. The Administrator stated that the proposed policy would be coming out in the next Association newsletter that is to be mailed out next week. The item would be revisited at the March Board meeting to give homeowners adequate time to comment.
Hearings heard January 15, 2009:
17059 VIA ANACAPA -- Multiple Violations/INOP VEHICLE/DEBRIS. All violations cleared, closed.
15861 PASEO LARGAVISTA -- STORED VEHICLE. Gave owner until 1/25/09; if still there, fine and refer to collections.
16122 VIA PARO -- Yard Maintenance/PLANS FOR FRONT LANDSCAPE. All violations cleared, closed.
1160 VIA ESPERANZA -- Barking dogs/MORE THAN 2. Refer back to Alameda Animal control; may revisit in 30 days.
1527 VIA MESA -- Inoperable / Unlicensed Vehicle, Illegally Parked. All violations cleared, closed.
1601 VIA HELENA -- Inop/Stored Vehicle/DEBRIS IN FRONT YARD. Fine and refer to collections.
17401 VIA SUSANA -- Inop/Stored Vehicle. All violations cleared, closed.
17413 Via Frances -- Inop Vehicle. Owner provided registration/will move vehicle/keep clean.
1778 VIA NATAL -- General Maintenance of Property/LACK OF FRONT YARD MAINTENANCE/VEHICLE STORED/DEBRIS AND GARBAGE CANS STORED AT FRONT OF PROPERTY/ CONDITION OF MUD ROOM/CURTAINS WHICH CAN SEEN AT FRONT OF PROPERTY. Fine owner, invite owner to Feb Session per her letter to board.
15765 VIA SONATA -- Other comments, NO PLANS APPROVED FOR FENCE. Plans Submitted and were approved by board.
Variances
586 Grant -- Application for more than 2 cats at property. Approved.
15812 Via Eduardo -- Application for side yard property line fence. Owner wanted to be present and had time constraints; Agreed to continue until February 2009 work session.
16000 Via Paro -- Application for side yard fence on corner lot already constructed. Owner has 60 days to submit new plans that conform with CC&Rs.
177 Via San Carlos -- Review Work shop/garage application. Owner to be present at 7p.m. Continued until February 2009.
18012 Via Rincon -- Side yard picket fence 44 inches high with 7 foot set back (already constructed). Approved.
Director Martins moved to approve the hearings and variances above, Pebelier seconded, the motion carries unanimously.
Adjournment -- Director Bieschke adjourned the meeting at 9:49 pm.
RESPECTFULLY Submitted,
Pat Pebelier
Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan,
Reviewed By: Nancy Van Huffel, Administrator, Kathie Ready, Resident