Reposted by San Lorenzo Express



January 21, 2016

1.0 MEETING CALLED TO ORDER – The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held on Thursday, January 21, 2016. President Auten called the meeting to order at 7:30 p.m.

1.1 SALUTE TO THE FLAG – President Auten led the audience in the pledge of allegiance.

1.2 ROLL CALL – Directors Wes Auten, Steve Kirk, Kyle Carlson, Michelle Clowser, and Cheryl Hoffmann were present.

2.0 PUBLIC COMMENT – Items not on the Agenda -- A non-member said that on February 6, 2016 there would be an African drummer performing at the San Lorenzo Library starting at 2:30 p.m.


3.1 Approval of Board Meeting Minutes #1449 on December 17, 2015 – Director Kirk moves to approve, Director Hoffmann seconds, the motion carries unanimously.

3.2 Approval of Work Session Minutes #1450 on January 12, 2016 – Director Kirk moves to approve, Director Hoffmann seconds, the motion carries with three (3) ayes, (Auten, Kirk, Hoffmann), and two (2) abstentions (Carlson, Clowser).


4.1 Community Event Committee – Director Hoffmann reported that on January 14, 2016 the committee hosted a Volunteer Recognition Dinner. Approximately 50 people attended and were recognized for volunteering in one or more of last year's events. The next event is the Lunar New Year celebration on February 12, 2016. The event starts at 6 p.m. and there will be Lion Dancers, food and fun for the entire family.

4.2 Ad Hoc CC&R Implementation Committee – Chair, Diane Wydler, reported the committee is continuing to review the Outbuilding and Shed Policy. It will meet again to finalize its recommendations on this policy in two (2) weeks.


5.1 CHP – Officer Price introduced himself and reported that they had one (1) traffic complaint in San Lorenzo for the past month regarding a motorist with a loud exhaust. They were unable to follow up with this complaint because the license plate reported was incorrect. He encouraged residents to contact the CHP for parking or traffic complaints in their neighborhoods at 510-581-9028.

A member asked if the CHP could do something about cars parked near intersections that block a motorists' vision to oncoming traffic. Officer Price said there must be a 15-foot clearance at all intersections and encouraged residents to contact the CHP to report cars that are parked closer than that.

*7.1 Application – Preliminary 2nd Story Design Review, Charlie Paguyo, 16127 Via Arriba (Timed Agenda item 7:45p.m.) - The homeowner was not present. Director Kirk moves to table the item until the next Board meeting, Director Clowser seconds, the motion carries unanimously.

5.2 Sheriff's Department – Sgt. Bret Schueller reported that in December, his department was involved in two (2) proactive enforcement operations. One was the "Avoid the 21 Campaign", where the Sheriffs issued 188 DUI citations in the area. They also did a "Holiday Crime Suppression" operation where an extra four (4) - two-man cars were put on patrol, to create a higher profile of enforcement during the holidays. They concentrated this patrol in high density, high shopping areas and had 79 arrests and took approximately four (4) guns off the street.

5.3 Supervisor Wilma Chan – No staff present, no report.

5.4 Zoning Adjustments – The report was left on the back table.

6.0 FINANCIAL REPORT (motion required)

6.1 Approval of December 2015 Expenditures – Director Carlson moves to approve, Director Kirk seconds, the motion carries unanimously.

7.0 OTHER BUSINESS (motions may be required)

*7.1 Application – Preliminary 2nd Story Design Review, Charlie Paguyo, 16127 Via Arriba (Timed Agenda item 7:45p.m.) - See timed agenda item above.

**7.2 Redwood Christian Schools - Proposed Gymnasium Construction Project (Timed Agenda item 8:00 p.m.) – Superintendent Bruce Johnson and Assistant Superintendant Al Hern stated that the school has recently renewed its lease for another 15 years with the San Lorenzo Unified School District. They gave a brief report as to why there is a need for a new gymnasium at the site. The dimensions of the gym would be a 140 feet long, 120 ft wide and 30 ft tall. It would sit approximately 10 feet from the San Lorenzo Little League fence (property line), and 20 feet from the nearest classrooms at the school. The facility would be large enough to serve the needs of the school's physical education department, its athletic events, and school assemblies. It would have a seating capacity of 600 and none of the athletic events or functions would go past 10 p.m. on any night.

The new facility would be two-story with basketball courts and locker rooms on the bottom floor and a classroom and faculty offices in the second floor. Hern said that parking would not impact the neighborhood. Most of the events occur during school hours, and any overflow parking would be directed to the rear of the school. Hern also noted that the new gymnasium could be used for community events like the Business Expo.

The Board and a majority of the members were in favor of the project and were excited that the school would have its own facility for sporting events. Many pointed out that the new gym would enhance property values and give the community another place to hold events.

***7.3 Appeal - Fence (step-down), Front Yard Property Line, both sides (already built), Ricardo Franco, 1544 Via Lucas (Timed Agenda Item 8:15 p.m.) - Staff reported that the fence at this property was built without prior approval from the Association. The owner was brought to an Executive Hearing before the Board in November 2016, where he submitted his plans. Staff reviewed these plans and denied the front yard fencing due to its height and its setback from the street line. The new fencing is at both sides of the property, and is identical in dimension. The fences measure 6 ft in height for 3 eight-foot panels closest to the house, dropping to 3 feet 10 inches for 1 eight-foot panel, 3 feet 6 inches for another eight-foot panel, with a final panel that extends the to the edge of the sidewalk at 2 feet 8 inches. The fences set back from the curb line, (not the street line) is 5 feet, 3 inches. The owner said he had submitted plans for changes to his door and the exterior paint of his house, but was not aware that he needed to submit plans for the landscaping and the fencing. He said that he has put a lot of money into his home, which has improved the neighborhood. He wanted the Board to approve his fences as they were built.

The Board discussed the importance of submitting plans prior to any exterior alterations or construction. It discussed the current Fence Policy and the CC&Rs, and had differing views about whether the height of this fencing was in compliance; however, all of the Board members were concerned with the setback of this fencing, which did not comply with Board's current Front Yard Policy and its setback from the street line. Some members stated that the fence is beautiful, improves neighbor's property values, and should be approved as it was built. Director Kirk noted that regardless of the way the fence looks, it was built without going through the proper procedures and is now out of compliance with the required setbacks.

Director Kirk moves to deny the members appeal, Director Clowser seconds, the motion carries, four (4) ayes (Carlson, Clowser, Hoffmann, Kirk) and one (1) nay (Auten). The Administrator said that staff had been directed at the Executive Hearing to give the homeowner one of two options: "Schedule an appointment before the Association Board of Directors to review your plans for the front yard fencing, or "redo the fencing so that the setback from the street line (the line at the top of the curb) is a minimum of 10 ft and reduce all the fencing off the leading edge of the house to three (3) feet in height". Since the former option has now been exhausted, Staff will suggest that the homeowner alter his fence to comply with the Board's Executive Decision at the November 2016 hearing.

7.4 Approval of Fence Policy -- President Auten opened the discussion and asked members in attendance to be courteous of each other's opinions regarding this issue. Director Clowser stated that she is against the new fence policy. She believes that former Board's have been interpreting the CC&Rs correctly and that side yard fencing should be allowed. She said that these types of fences provide safety and increase property values. Director Kirk stated that when this issue was initially discussed at a Work Session it was unclear as to whether either of the fence policies (the current or the draft) violated any of the Association's CC&Rs. The attorney gave his interpretation of the CC&Rs with respect to fencing, but not whether the Association had been out of compliance with its own rules and regulations. He suggested that the wording of the draft fence policy for front yard fences be adopted as a new policy, but that all corner lot fencing be reviewed by the Board.

Director Hoffmann said that there seems to be confusion with respect to side yard fencing. She stated that the whereas six (6) foot fencing is allowed in back yards, it cannot "pop-out" off the side line of the house if it is a corner lot. This is when the fencing would have to be no higher than three (3) feet. Hoffmann said that any other fencing goes against the CC&Rs, and cannot be changed without a vote of the membership.

Members had concerns about privacy, safety, security, street noise, and trash. Some members who currently had corner lots were concerned with the continued use of the space/yard area that they bought when they purchased their homes. A member stated that getting several attorneys' opinions would be a waste of time and money, as different attorneys could have different interpretations of the CC&Rs. A few members mentioned fairness, and felt that if there neighbor across the street has already gotten approval in the past and extended their fence to the side yard (on a corner lot), why are they now being prohibited?

A member stated that she believes the current policy does not allow for these corner lot fences over 3 feet in height, although it mentions exceptions - it also mentions a 15 foot setback for side yards which is greater than the Front Yard Policy's 10 foot setback.

President Auten and the Board thanked members who spoke on the issue and asked that that they attend more meetings to be better acquainted with issues that are brought before the Board. Director Kirk asked that members join the Association's Facebook page and give their emails to the office so that they can receive the Association's bi-monthly updates on a variety of events and issues. Director Hoffmann suggested that members volunteer and participate in one or more of the Association's yearly community events; this is a great way to get involved. Director Kirk moves to deny the draft fence policy as written, Director Clowser seconds, the motion carries with four (4) ayes (Auten, Carlson, Clowser, Kirk) and one (1) nay, (Hoffmann). The Board consensus was to revisit the Fence Policy at the next Board Work Session so that it can give direction to the CC&R Ad Hoc Committee. Director Kirk encouraged members to come to this Work Session and provide input.


8.1 Operations – The Administrator reported that the parking lot is going to be completely repaved. She recently received confirmation from Alameda County and the Fire Department that they will pay for their respective portions of the lot. The work will take approximately three (3) days and it will be done in the next few weeks. The Administrator said she would notify all members on her email list. She is still getting bids on the HVAC system for the Community Hall. This will be the next major project after the parking lot is completed.

The office has received 3205 Assessments as of yesterday, which is about 56% of all homeowners. Members have until January 31, 2016 to pay their assessments. On February 2, 2016, all assessments not paid will have a $12.50 late fee and those not received by March 1, 2016 will accrue monthly interest. Election ballots must be received in the P.O. Box by 11 a.m. on February 1, 2016. The ballots will be counted on Thursday, February 4, 2016, starting at 10 a.m. in the Bohannon Room of the Community Hall, all members are welcome.

Director Hoffmann asked the Administrator what the status was on the Library's valve that has been leaking water. The Administrator said she has not heard back from the county on the status of the repairs.

9.0 LIENS AND VIOLATIONS REPORT (motion may be required) – The Administrator said there were five (5) liens released since the December Board meeting. The violation letters were as follows:

December 2015 Violation Report

  Violation                              No. of Letters

Inoperable Vehicles in driveway               9
Recreational veh in front/side yard           1
General maintenance of property               0
Unpaved parking                              12                     
Yard maintenance                             27 
Holiday lights                                0
Building maintenance                          3
Working on vehicles                           2
Barking dogs                                  1
Prohibited animals                            0
Excessive noise                               0
No home business                              0
Other                                        18
Multiple violations                          11
Plans needed                                  7

Total                                        91

Director Kirk moves to approve the liens and violation report, Director Carlson seconds, the motion carries unanimously.


10.1 Disposition of Executive Session #1451 on January 21, 2016 – The Administrator reported that there were a total of 11 hearings and two (2) fine appeals. One (1) homeowner appeared at the Hearings. Of these, three (3) were closed, five (5) were fined, one (1) was not fined provided the homeowner replaced their tree with a 36 gallon or greater tree; one (1) was given 30 days to complete paint plans and clean up landscaping and one (1) homeowner was being asked to submit shed plans and remove a dead tree from his/her yard.

10.2 Approval of Minutes of Executive Session #1451 on January 21, 2016 – Director Kirk moves to approve, Director Hoffmann seconds, the motion carries unanimously.

11.0 BOARD REPORTS – None.

12.0 ADJOURNMENT – President Auten adjourned the meeting at 10: 08 p.m.

Respectfully Submitted,

Kyle Carlson

Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Susan Kleebauer, Administrator