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MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETINGS NO. 1060, 1061, and 1062
February 21, 2002
MEETING NO. 1060
ANNUAL MEETING OF THE MEMBERS
The annual meeting of the San Lorenzo Village Homes Association Board of Directors was held on Thursday, February 21, 2002 at 7:25 p.m. in the Community Center Auditorium. There being no quorum present, President Sherman adjourned the meeting at 7:26 p.m.
Respectfully Submitted,
Pat Pebelier, Secretary-Treasurer
Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, February 21, 2002
1.1 CALL TO ORDER - President Jim Sherman called the meeting to order at 7:35 p.m.
1.2 SALUTE TO THE FLAG - President Sherman led the Board and the audience in the pledge of allegiance.
1.3 ROLL CALL - Directors Jim Sherman, Pat Pebelier, David Sloan, Kathie Ready Enrique Barboza were all present.
7:35 pm - Time Agenda Item - James Sorenson - Zoning Board Committee -
The Administrator asked for a change in the agenda, James Sorenson, from Alameda County was to speak at 8:00 pm, but has requested to be moved up on the agenda due to a family commitment that he has at 8:30pm. There were no objections to moving this item up on the agenda.
The Administrator announced that the Board members got copies of the Board of Zoning Adjustments (BZA) report that was presented to the Board of Supervisors. The proposal is for a five (5) member board that will now make decisions that in the past the Administrator of the Alameda County Zoning made. She stated that she and the Board have concerns as to how the BZA would handle recommendations which would come from the Association's Board of Directors.
County Planning Director James Sorenson stated that on 2/4/02 the Board of Supervisors approved the proposal for a BZA. He reported that the Supervisors decided on two BZAs, one for East County and one for West County. This decision was based on the fact that the county has an urban focus west of the Dublin-Pleasanton Hills and a more rural focus east of these hills. The west county BZA would be made up of a five (5) member board and the east county BZA would be a three (3) member Board of which two (2) of its members must have an agricultural background. Sorenson stated that the east county board will have fewer items to consider and may not meet as often as the west county board which will meet twice monthly and will have more items to consider. The meetings will alternate between a night meeting and an afternoon meeting as was done in the past when the Zoning Administrator reviewed items.
Sorenson reported that the Supervisors did consider a larger or smaller member board for west county-a seven (7) and a three (3) member board, but felt that the former would be too large, the latter too small, so they settled on a five (5) member board. The representation of these members was based on populations of the areas included in the east and west county. The Supervisor Districts for west county included both Nate Miley's and Alice Lai-Bitkers' districts. District 4 (Miley's) has 73% of the population of west county and District 3 (Lai Bitker's) has 27% of the unincorporated population. This leaves approximately 3.5 appointments to Miley and 1.5 appointments to Lai Bitker. Supervisor Miley will appoint 3 members to the west county board and Lai Bitker will appoint one with both Supervisors collaborating on the remaining appointment. The Supervisors broke down the appointments into the subareas of this west county unincorporated area which included Castro Valley, Fairview, Cherryland, San Lorenzo and Ashland and Hillcrest Knolls. The Supervisors felt that if the appointments were representative of these five (5) sub-areas, all areas would be adequately represented. Even though Castro Valley had 44% of the population of this unincorporated area the BOS took into account that they have a Castro Valley Municipal Advisory Council which has always reviewed zoning items and made recommendations to the county and will continue doing so under the BZA.
Sorenson stated that the proposal is going back to the BOS either March 7th or March 12th and will then will go into affect 30 days after it is adopted. He stated that in March the county will be training new appointees which the Board is now considering so that the BZA can begin doing business in April 2002.
Sorenson stated that the way in which the BZA will conduct business or hear recommendations, will be just as the Zoning Administrator did in the past. He stated with the five (5) member board there may be more delays or requests for additional information on a particular item, however he does not see any big changes as to how the BZA will process items versus what had been done in the past when the Zoning Administrator heard the items. All recommendations from community groups would still be considered as they were under the Zoning Administrator.
The Administrator asked whether the Castro Valley MAC had voiced its concerns about the process under the BZA and whether its recommendations would be considered on items in its jurisdiction. Sorenson stated that he had not heard anything specific from the MAC but reiterated that any recommendations coming from the MAC would be considered just as they had been with the past system of review. The Administrator questioned whether the appeal process would be the same. Sorenson stated that it would. She also questioned whether the BZA is a pilot program. Sorenson stated that although the BOS wants staff to review the BZA in a years time, the BZA is a permanent change to the system.
The Administrator stated that the Association Board of Directors was asked to make a recommendation for the San Lorenzo representative to the BZA by Supervisor Lai Bitker. Director Ready stated that the Board discussed who would be the most qualified to represent San Lorenzo on this Board. The Board came to a unanimous decision to recommend resident Frank Pexioto who has been a long time San Lorenzo resident and has had over 12 years experience on the County Planning Commission as well as on the Association's Board of Directors. Director Ready makes a motion to recommend to the Board of Supervisors that Frank Pexioto be appointed as San Lorenzo's representative to the BZA, Director Sloan seconds the motion. The motion passes unanimously.
Resident Howard Beckman stated that this is not a San Lorenzo Homes Association seat on the BZA. He stated that the Board of Directors is free to make a recommendation, but there was nothing in the BZA proposal to state that any community group, whether it be the Castro Valley MAC or any other community body would "own" a seat on this board.
Director Ready stated that the Association Board never believed that it "owned" a seat, this is merely a recommendation to Supervisor Lai Bitker for an appointment. She stated that the Board as well as the community needs to consider the appointment be someone who is knowledgeable and represents the San Lorenzo area and our concerns. She stated that it would not benefit the community if Lai-Bitker appointed someone who had no knowledge of the area or its concerns.
2.O MINUTES FROM THE PREVIOUS MEETING - Director Sloan moved to approve the minutes from the January 17, 2002, meeting number 1059, Director Ready seconds the motion. The minutes were approved unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 Alameda County Sheriffs Dept. - Technician Langdon reported on the crime prevention events that have occurred in the past few weeks. They attended a parent/preschool and spoke to parents as well as held another neighborhood watch group for residents on Via Del Rey. The last Community Policing meeting was held on Valentines Day and was on personal safety and self defense. They will be holding another meeting at Bay Elementary School on Thursday, March 14th, the topic will be on Megan's Law and she encouraged residents to attend. Langdon announced that her unit will have a Crime Prevention Booth set up at the San Lorenzo Little League field on its opening day, March 23rd and it will be hosting another citizen's academy sometime in March. Other upcoming events are the Cop Shop's annual flea Market and Barbeque which are held on June 2nd and September 6th respectively, as well as their annual "Tip a Cop" fundraiser which will take place on March 28th in Hayward at the Olive Garden Restaurant.
Deputy Frazer reported the following Crime Statistics:
Crime Stats for Jan 2002:
Stolen Vehicles 10 Recovered Stolen Vehicles 3 Commercial Burglaries 2 Auto Burglaries 6 Grand Theft 3 Residential Burglaries 7The Administrator asked how many street sweeping tickets had been written in the past month. Fraser stated that he did not have that information, but would give a report at the next months Board meeting.
Director Sherman asked that a dedication be erected in honor of Sheriff Gibson, who died five years ago and who was a community sheriff for the San Lorenzo area.
Deputy Jim Jukich stated that he is back on patrol, however not in the San Lorenzo Village area.
3.2 CHP - CHP Officer John Dowle reported the following statistics for January 2002:
CHP Traffic Statistics for January 2002
Type of Ticket # of tickets for entire # tickets in
unincorporated area San Lorenzo
Parking Tickets 212 87
Moving violations/fix it tickets 418 86
Traffic Collisions 124 11
DUI n/a n/a
Stolen/recovery of Vehicles 8 2
Vehicle Towed or impounded 77 9
Phone Complaints 58 11
Dowle announced that they will be having a "Tip a Cop" fundraiser at Horatio's in San Leandro some time in March. He also announced that CHP Officers have now been appointed as air marshals by Governor Davis due to the September 11th events. This means that any officer flying in the State of California will be able to fly armed. Officers will be trained as to what to do if a problem arises while in flight. Dowle stated that he and other officers are targeting school traffic areas in the mornings and afternoons trying to catch speeding motorists and other parking violations.Director Sloan asked whether the light at Grant and Washington is set up for emergency vehicles in route to an accident or emergency. He was concerned because he saw a fire truck run the intersection recently, and other vehicles had green lights. Dowle was not aware of how the traffic sensors worked for emergency vehicles.
Director Ready questioned whether the CHP was aware of a problem at the San Lorenzo Community Church on Paseo Grande. There is an individual in a white mustang who is spinning donuts in the back parking lot almost every night at 10 pm. Dowle stated that he will check into this incident. Deputy Fraser stated that he has already talked with the Pastor of the church and is working on this problem. He encouraged any resident who sees or hears this activity, to call them immediately.
3.3 Supervisor Alice Lai-Bitker - The Administrator announced that Lai-Bitker had a conflict and could not attend the meeting.
3.4 Youth Advisory Committee - No representative was present to give a report.
3.5 Public Comment -
Resident Ann Marie Mrak stated that the Mustang was spinning "donuts" once again in the parking lot at the San Lorenzo Community Church and asked if the Association could write a letter to the Pastor of the church to see if he could gate the area at night. Deputy Frazer pointed out that he is working with the pastor on this issue to see if it can be done and in compliance with county zoning.
Resident Jim Cole on Via Linares stated that he is concerned about a home at 171 Via Linares that is being converted into a residential care facility . He stated that he thought the Association prohibited businesses from being conducted from homes in the Association. Director Ready stated that our CC&Rs do prohibit businesses however the State Laws state that there is a shortage of these types of facilities and thus supercedes our CC&Rs. She did note that staff is checking with the county building department to make sure that they are going through the proper permit procedures to convert the residence. A letter has also been sent to the owner of the house asking that a license be submitted to the Association to keep on file. Tona Henninger from County zoning stated that the State has advocated for these types of homes to be in residential areas and if they have 6 residents or less there are no regulations under zoning. The Administrator stated that the office will follow up to make sure appropriate permits and licenses have been acquired for this facility.
4.0 FINANCIAL REPORT
4.1 Approval of August 2001 Expenditures - Director Ready made a motion to approve the expenditures for February 2002, including payroll, Director Pebelier seconds the motion. The motion carries unanimously.
4.2 Discussion of Significant Variances - None.
5.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been no liens released since the January 2002 Board meeting.
January 2002 Violation Report
Number Violation # of Letters
1/19 Inoperable Vehicles in driveway 85
2/22 Recreational veh/trailer in driveway 20
6 Lack of General Maintenance 3
7/20 Unpaved Parking 10
10 Lawn Height 7
12 Overgrown Vegetation 2
15 Building Exterior 14
16 Dirt Accumulation 17
17 Attractive Nuisances 7
18 Lean/miss fence 4
21 Working on Cars 2
25 Prohibited animals 1
27 No home Business 1
28/99 Other comments 6
Total 179
The Administrator stated that a resident had received a violation letter about American flag lights that they want to keep up all year to remember the tragedy of September 11th. She asked the Board whether they would object to allowing these types of lights to remain up.
The consensus of the Board was to allow the "American Flag" lights to remain up and not to consider them as a CC&R violation.6.0 BUSINESS AND COMMUNITY DEVELOPMENT REPORT - See Attachment A
Jack McKinnon, Vice Chair, reported for Mary Ann McMillan, Chair, who could not be present. He stated that at the last BCDC meeting the members voted to recommend that Mary Ann McMillan be Chair of the committee, Jack McKinnon be Vice Chair and resident Judy Arnold be appointed as a member to the BCDC. McKinnon reported that Round Table Pizza will also be coming back into the shopping center where CitiBank is located and will open soon.
6.1 Motion to accept Mary Ann McMillan as 2002 Chair/Motion to appoint Judy Arnold to BCDC - Director Ready makes a motion to accept the nominations for the BCDC chair and Vice Chair and the nomination for Judy Arnold to become a member of the BCDC. Director Pebelier seconds the motion. The motion carries unanimously.
Director Ready recognized Ann Marie Mrak for her dedication and participation as the BCDC's chair for the past year.
7.0 ADMINISTRATOR'S REPORT
7.1 Follow-up of Development Proposal
The Administrator reported that at the last Board meeting the proposed developer presented pictures and a plan for the Village Square area. She stated that the residents and Board members in attendance appeared to be in favor of what was presented. The Administrator said she had contacted the developer since this presentation to find out what there status was in talking with businesses and to let them know how many buildings the Homes Association owns on its property. She also discussed the idea of getting some of the sketches presented into a newsletter which would go out to all the residents. The developer was amenable to this and the Administrator had begun coordinating this newsletter with Alice Lai Bitker's office.
The Administrator asked the Board to direct her to sit down and schedule a meeting with the developer as well as the Board to sit down a discuss preliminarily what it wants and does not want. She would also recommend that the Association hire a attorney who specializes in development to represent the Association with the proposed plan. She has asked James Sorenson if he knew when the developer would be presenting his plan to the Planning Commission and he was unsure. She recommended that the Board take a proactive stance now in meeting and discussing the plan with the developer.
Resident Beckman stated that he did not want one person deciding how the development should move forward. He said that he feels the process for this development is getting discussed more and more behind closed doors despite the public meetings and newsletter information. This process needs to be a public one, between the developer and the community in the form of the Specific Plan. It is not a partnership between the Homes Association and Civic Partners. He stated that the Association needs to push forward with the final development of the Specific Plan. The Specific Plan should not be held "hostage" by the developer.
Resident Keith Barros suggested that the flyer outlining the project let residents know how much business versus retail will be included in the development. He pointed out that residents should be clear that there are 800 residential units proposed for the area. He recommended that these 800 units be part of the Association and have their own CC&Rs, as well as pay yearly assessments as do other residents in the Association. Director Sherman noted that the Board has made it clear to the developer that any housing be included in the Association.
Director Ready stated that she felt it was too soon to hire an attorney. She stated that she felt the community needed to be brought back at another meeting to further discuss this plan. She also agreed that the Specific Plan needs to be finalized before moving forward. The Association does need to be clear as to what is going to happen with the Association property. This property is owned by all the residents and thus needs to be discussed publically.
Resident Mary Reynolds questioned how many more public meetings are necessary for this plan. She stated that she sat on the Specific Plan committee for over two years, discussing what the community wanted and does not think more meetings are needed.
Director Ready stated that she would want everyone to be on the same page with the development prior to moving forward. A few more meetings may be needed to iron out some of the specifics of the plan.
The Administrator said that there are several issues with respect to the development. The first is that the entire community be made aware of the plan (via a newsletter) and its what it entails. The number of businesses versus homes should be outlined in this information. The second point is the completion of the Specific Plan which she stated was in fact a separate issue. When the Plan was discussed at a past Board meeting it was noted that the county could move forward with the plan, however staff stated that since a developer is already interested in the area and has a proposed development, that it should be considered. If a Specific Plan was developed and the developer pulled out of the project due to time constraints, etc. the community would have a plan without a development. Finally the Administrator suggested that the Board consider hiring an attorney who is knowledgeable in development law. She noted that the Association has approximately 3 acres of land which it owns and collects rent on. She would bring the attorney in to review the proposed development so that the Association can protect its assets reasonably and review potential options.
Beckman stated that the architectural drawings presented for the development are available on the web. He wants to see the process move forward, not be held up by a series of more meetings. He recommended that the Specific Plan be adopted. It is a plan specific for this area apart from what a developer's master plan is. Resident Frank Pexioto stated that the Specific Plan has been discussed for several years now. He did not agree with the rationale of adopting a master plan to fit into a Specific Plan prior to its adoption.
The Administrator recommended that those members on the Task Force Committee could take a look of the final draft review of the Specific Plan and make its recommendations to the Association Board. Resident Howard Beckman recommended that Lou Andrade who has been the lead staff person developing this plan to bring it to its conclusion.
The consensus of the Board of Directors was to direct the Administrator to:
1. Contact Andrade and ask him to complete the final draft of the Specific Plan;
2. Invite Task Force members, Board members and Andrade to discuss the document and make any final amendments; and
3. Bring the final document back to the Association Board at its next meeting for a final vote.
4. Set up a meeting with an attorney who is specialized in these types of development and the Association Board to discuss what rights the Association has with respect to the exchange of land and the proposed development.
7.2 Other Informational Items - The Administrator announced that the Unincorporated meetings which were set for 7:30 on the fourth Wednesdays of every month will now be held at 6:30 on the fourth Wednesday. The Trash Triage Committee will now be a standard report/agenda item at these meetings.
8.0 OTHER BUSINESS
8.1 Garage Conversion Report - Darryl Gray - The Administrator announced that Darryl Gray had no report for this month.
8.2 Board Member Elections-Discussion on possible changes
The Administrator stated that there are some issues that need to be addressed by the Board with respect to changing the by-laws as they relate to elected Board members. She questioned whether prospective Board members should be required to have attended Board meetings to be eligible; whether there should be term limits and whether relatives of board members should be able to occupy a board seat at the same time. The Administrator stated that there would be no vote on this issue at this meeting but wanted open discussion on this issue and for it to be considered as an agenda item to be voted on at another board meeting.
Director Sloan stated that two (2) terms for President should be sufficient for a Board member. Resident Mary Reynolds stated that she thought term limits were determined at the ballot box and did not think they were necessary for Association Board members. Resident Keith Barros stated that he was not in favor of term limits either. He proposed that the Board look at the security of ballots for its nested election and that this item be discussed and changed from the current procedure.
A resident questioned whether the Board members receive a stipend per meeting for their participation as members. The Administrator stated if they did this could affect their liability.
The Administrator asked if this item could be considered and voted upon at an upcoming Board meeting. There were no objections from the Board to vote on the issues related to this item at another meeting.
9.0 PUBLIC COMMENT
Bill Sunseri, a resident on Via Granada asked whether a stop sign could be put at the intersection of Via Granada and Paseo Grande. He stated that the overpass on Washington Ave has a stop sign at the bottom of its hill and questioned why one could not be placed at this intersection.
The Administrator reported that in the past the county had done a study on the intersection and she thought that the main reason the county could not put a stop sign at that intersection was due to emergency vehicles, fire trucks, ambulances etc needing to use that roadway to get to emergencies. Resident Keith Barros stated that he remembered the county stated that the amount of traffic in the area did not warrant a stop sign as well as the fact that the stop sign would create a traffic back-up onto Hesperian Blvd. Barros recommended that Sunseri get a petition to residents in the area to revisit the idea at that intersection.
Frank Pexioto thanked the Board for his recommendation to the BZA. If appointed he stated that he would do his best to represent the area.
10.0 COMMITTEE REPORTS
10.1 Airport Committees - No report.
10.2 Council on the Prevention of Drinking and Driving - Resident representative Jim Spears reported that the Council is trying to raise money to provide T-shirts for those seniors who volunteer for the program. They are looking at raising approximately $150 for these T-shirts. He also reported that the council is considering extending its No drinking and driving video contest to 9th graders as well as Junior and Senior high school students. Alameda County Sheriff Gary Berge stated that he belongs to a committee which would donate the $150 to the Council on the Prevention of Drinking and Driving so they can purchase the T-shirts they need.
11.0 COMMENTS FROM BOARD MEMBERS - Director Sloan thanked all who attended the meeting.
12.0 ADJOURNMENT - President Sherman adjourned the meeting at 9:20 p.m.
Respectfully Submitted,
Pat Pebelier, Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator
Variances from 2/21/02 board workshop meeting:
1. 16029 Via Segundo -- exterior paint. 60 day extension, then will re-review with new trim.
2. 15840 Via Media -- Front yard side fence, 6 to 4' steps. Approved.
3. 199 Via Bolsa -- 7 ft back yard shed with 6" set back from fence. Approved.
4. 16130 Via Pinale -- Front yard side fence, 4' in height with 10 ft set back (already constructed). Approved.
5. 15851 Corte Yolanda -- Extend back yard out 12 feet from existing yard with 6 ft redwood fence,
street set back 18.5 feet. Approved.
6. 18149 Via Arroyo -- Replace existing fences in back, front, and side yards with 6 ft redwood fence
with 1 ft lattice. Approved.
7. 16152 Paseo Del Campo -- Existing back yard play structure modifications. 60 day extension with
window modification and neighbor approval, then will revisit.
1.0 CALL TO ORDER - The Administrator Nancy Van Huffel called the meeting to order at 9:24 PM.
2.0 REORGANIZATION OF THE BOARD - The Administrator announced that motions would now be entertained to elect a President.
2.1 Election of President - Director Sloan nominated Director Ready as Board President, Director Pebelier seconds the motion, the motion passes unanimously.
2.2 Gavel Turned Over to New President - Director Ready asks for nominations for Vice President.
2.3 Election of Vice President - Director Pebelier nominates Director Sherman for Vice President, Director Sloan seconds the motion. The motion carries unanimously.
2.4 Election of Secretary-Treasurer - Director Sloan nominates Director Pebelier as Secretary/Treasurer, Director Barboza seconds the motion. The motion carries unanimously.
3.0 OTHER BUSINESS AS DIRECTED BY THE PRESIDENT
3.1 Remarks from Board Members - Director Ready thanked all who attended the meeting.
3.2 Appointment to Committees - The Administrator announced that the appointments will be announced in the next newsletter. The Board agreed to continue with the same committee appointments that they were assigned in 2001.
4.0 ADJOURNMENT - With no further business remaining, President Ready adjourned the meeting at 9:32 p.m.
Respectfully Submitted,
Pat Pebelier, Secretary-Treasurer
Recorded and Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed by Nancy Van Huffel, Administrator