| Reposted by San Lorenzo Express |
MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1122
March 16, 2006
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, March 16, 2006.
1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:36 pm.
1.2 SALUTE TO THE FLAG -- President Ready led the Board and the audience in the pledge of allegiance.
1.3 ROLL CALL -- Directors Kathie Ready, Jim Sherman, Wulf Bieschke and Director Patricia Pebelier, were present. The Administrator noted that Director Patrick Ledesma would be late for the meeting.
2.O MINUTES FROM THE PREVIOUS MEETING -- Director Sherman moved to approve the minutes from the February meeting Number 1118, 1119 and 1120 and March 6 #1121 special meeting . Director Pebelier seconds the motion. The minutes are approved unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 CHP Report -- Officer Hahn gave the following statistics for the past month's tickets/citations:
CHP Statistics for February 2006
Total for
Infraction San Lorenzo Unincorp. area
Collisions 16 145
Tickets 237 1,873
Parking Tickets 161 406
Storage/Impounds 12 94
Stolen Recoveries 0 13
Traffic Complaints 14 67
Parking Complaints 5 20
DUI Arrests n/a 64
Hahn noted that the CHP is not ticketing for abandoned vehicles anymore but they have been assisting with the sheriff patrols.
Resident Keith Barros thanked the CHP for increasing the patrols in front of Arroyo High School where traffic can be dangerous.
3.2 Alameda County Sheriff's Dept. -- Deputy Franco reported the following statistics:
Statistics for Alameda County Sheriff's Office February 2006
Change from
Crime Number last month Affected Streets
Stolen vehicles 11 Via Chiquita, Via Hornitos, Grant Ave., Via Toyon, Via Arriba,
Bockman, Via Paro, Via Seco, Via Aires, Via Manzanas (2)
Attempted Stolen Vehicles
Recovered Stolen Vehicles 5 Via Del Prado, Via Toledo, Via Arriba, Via Barrett
Residential Burglary 1 Via Del Rey
Commercial Burglary 3 Hesperian Blvd, Via Mercado (2)
Auto Burglary 4 Via El Cerrito, Via Del Prado , Via La Jolla, Via Magdalena
Grand Theft 0
Vandalism/graffiti 0
Robbery 1 Nielsen Ave.
Franco stated that there is a new technician that has been hired in the sheriff's office that only deals with the abandoned vehicles. He asked residents to contact the nonemergency number and report these vehicles and the technician will be dispatched.
Franco noted that they are trying to deal with the recent graffiti outbreak in the area. His department has caught one individual and hopes this will lead to other arrests.
Franco noted that he had a call on Via Redondo that there were two (2) suspicious people in the area who did not live there. He dispatched officers and apprehended the suspects as they were fleeing to Oakland in a stolen vehicle. Franco reminded residents that if they see any suspicious activity in their area they should contact the sheriffs to investigate it.
3.3 Supervisor Lai-Bitker -- Staff member Kevin Dowling reported that the unincorporated meeting scheduled for this Wednesday will be cancelled due to lack of agenda items. He has talked to Supervisor Nate Miley about having a meeting to build agendas for the Unincorporated meeting.
Dowling stated that he has a copy of the letter that his office wrote to Cost Plus about the Village Square area and they will be following up with that company in the near future to see what their response is.
3.4 Zoning Report -- Zoning Staff member Bruce Babcock was not present (see Attachment A for zoning report).
3.5 Public Comment -- None
4.0 FINANCIAL REPORT
4.1 Approval of February Expenditures (including payroll) -- Director Sherman makes a motion to approve the February expenditures (including payroll) and Director Pebelier seconds, the motion carries unanimously.
4.2 Discussion of Significant Variances -- The Administrator noted that there were no significant variances for February Director Ledesma arrives at 8:25 pm.
5.0 LIENS AND VIOLATION REPORT -- The Administrator stated that there were 6 (six) liens released since the last Board meeting.
February 2006 Violation Report [not available at this time]
Number Violation # of Letters 1/19 Inoperable Vehicles in driveway 2/22 Recreational veh/trailer in driveway 6 Lack of General Maintenance 10 Lawn Height 11 Dead Trees 12 Overgrown Vegetation 13 Holiday Lights 14 No signs 15 Building Exterior 16 Dirt Accumulation 17 Attractive Nuisances 18 Lean/miss fence 20/7 Unpaved parking 21 Working on vehicles 23 Dogs/Cats more than 2 24 Barking dogs 25 Prohibited animals 26 Excess noise 27 No Home Business 28/99 Other/ comments 99 Multiple violations Total
6.0 HEARINGS AND VARIANCE ISSUES
6.1 Hearing Dispositions
Revisit the following properties
a) 17059 Via Anacapa -- All violations cleared/closed.
b) 379 Via Coches -- All violations cleared/closed.
c) 827 Via Manzanas -- Trailer still in street, revisit again in 60 days.
d) 17219 Via Chiquita -- All violations cleared/closed.
e) 18351 Via Arriba -- Refer to attorney.
f) 18451 Via Arriba -- Refer to attorney.
g) 15577 Lorenzo Ave. -- Gave owner until 4/1/06; revisit in 30 days.
Regular Scheduled Hearings:
A) 18090 Via Segundo -- Lack of General Maintenance, Debris Stored in and around driveway area, fence in disrepair. Refer to Attorney.
B) 17860 Via Segundo -- Inoperative vehicle in driveway. Owner to fix, carry over/revisit 30 days.
C) 17668 Via Segundo -- Inoperative vehicle in driveway. Owner to remove; carry over/revisit in 30 days.
D) 15970 Via Del Sol -- Lack of General Maintenance, front yard maintenance/debris. All debris removed;owner will be asked to store garbage cans behind fence and keep front free from debris/items.
E) 16053 Via Pinale -- Lack of General Maintenance, Multiple violations. Attorney referral.
F) 15801 Via Arroyo -- Lack of Genral Mainteance, Multiple violations. Attorney referral.
G) 17641 Via Arriba -- Multiple Violations. Attorney Referral.
H) 914 Bockman -- Unapproved Building structure. Owner did not show up; Revisit in 30 days.
I) 1094 Via Palma -- Unpaved parking. Violation cleared. Owner given 60 days to re-seed and grow lawn in area that vehicle was parked.
J) 17333 Via Alamitos -- Inoperative vehicle in driveway/lawn maint. All violations cleared.
K) 17209 Via Estrella -- Lack of Gen Maintenance, front yard maintenance and fence in disrepair. Owner given 30 days to repair fence; revisit landscaping in 60 days.
L) 15927 Via Cordoba -- Business being conducted from home. Owner to be sent CC&R policies about "businesses being run in Association" and revisit in 30 days.
M) 17263 Via Chiquita -- Dirt landscaping/no front yard maint. Owner to plant lawn within 60 days; revisit.
N) 855 Via Bregani -- Front yard maintenance. Violation cleared, board to revisit in 60 days to make sure yard is being maintained.
O) 2042 Bandoni -- Lack of General Maintenance, debris stored out front. Debris removed, property to be revisited within 30 days for truck debris removal and cement in side yard to be removed.
P) 1179 Bockman -- Holiday lights still up. All violations cleared. Closed.
Q) 16142 Via Lupine -- Multiple violations, stored vehicle, debris, lack of front yard maint. All debris removed, one vehicle removed; to revisit within 30 days to make sure all vehicles have been registered.
6.2 Variances approved/disapproved at the work session
A) 1556 Via Buena Vista -- Widening of driveway with pavers. Administrator to measure entire area of lawn/versus cement and approve if cement is 50% of area of front yard or less.
B) 1890 Bockman -- Roofing material for flat roof. Approved.
C) 17232 Via Melina -- Front yard fence already constructed. Owner never submitted plans, took fence down, closed.
Director Bieschke moved to approved the hearings and variances as read, Director Pebelier seconds the motion carries unanimously.
7.0 ADMINISTRATOR'S REPORT
7.1 Status of Invitation with the SLZ School Board -- April 6th at 6:30 pm is the meeting. The Board suggested the following items for the agenda:
1) Number of students per household for any new development
2) 10 year school plan
3) The location of students in relation to their houses and attendance at nearest school
4) An update on student test scores
5) Traffic on Bockman - mitigation fees from developer - who has control of these.
6) The idea of a traffic deflector on Lewelling for the Lewelling project near the San Lorenzo High School
7.2 General Information -- Lisa Lo's Property
The Administrator noted that it had come to her attention that the Lorenzo Manor Shopping Center was opening a Check Cashing business in Center. It was her understanding that this kind of business would need approval from zoning and an increase in parking. The approval of this type of business without these attached conditions seemed in violation of the zoning ordinance. There were also several check cashing businesses within the direct vicinity. There was one at the Latino Market in the same center, One near McDonald's, next door to the Lorenzo Shopping Center, and one in Greenhouse Shopping Center down the street. Why did the community need yet one more check cashing business? The Administrator pointed out that the Association was never informed about this proposed business and questioned why this occurred.
Darryl Gray, from Alameda County Zoning, spoke on behalf of the county and the owner of the check cashing place. He noted that this type of business is allowable in the C-1 District. He stated that an intern at the planning desk initially approved the application, when normally the planning director should have seen the application prior to its approval.
Gray stated that the business is not a "check cashing" business per se, but more like a banking facility that issues checks to people in need of a loan, that they cash some place else. They have very little cash on hand, and are more like a "high interest" loan company.
Director Ready said that in August of 2004, Lisa Lo wanted to put in a check cashing business into this shopping center. At that time Gray had stated that she would need to apply for a conditional use permit. Why was this business not under those same conditions? She also questioned whether the Latino Market which is running several independent/separate businesses out of its business has adequate parking for each of these businesses who are subletting space.
Gray noted that the business that is being considered is not looked at as a "typical" check cashing establishment. The Latino market does have adequate space for parking.
Director Pebelier stated that she worked for a bank for years and she was not aware of any bank that could open even that small that did not require consideration of adequate parking. Even banks within supermarkets required a parking space review.
The Administrator recommended that this item be continued until the April 20, 2006 Board meeting. Director Bieschke asked that the owner be invited to address the Board and the resident's questions and that Gray relay to this owner that the Board would like to review his business plan prior to the meeting.
The Administrator noted that the proposed C.S.A. for the unincorporated area has been changed to include sidewalks only and this would be an item to discuss on the next agenda in April.
8.0 OTHER BUSINESS
8.1 Civic Partners Update -- The Administrator reported that there was a Special Work Session with the Board and Civic Partners about the Village Square Area and the plans for developing it given the news that Albertson's had been sold. (See Attachment B, Minutes of meeting.)
The Administrator noted that since Albertsons is in escrow, and is thus unclear if it wants to move into the "Square Area" as the anchor tenant, Civic Partners was asked to come up with a "Plan B". Civic Partners agreed to hear Board and residents concerns and suggestions and come back within 60 days.
The following conclusions were brought to light in the Special Work Session" (also see Board Letter to Civic Partners -Attachment C):
Director Ready noted that all the Board is trying to do is to retain the commercial property as commercial. This was the intent of the Business and Development Committee from the start and based upon comments, input and a survey from the homeowners.
Director Ledesma agreed. The purpose of the letter to the developer was to preserve as much commercial property as possible, prior to any other plan being developed. The board initiated the conversation with the developer in order to retain the retail and not lose it.
The Administrator noted that this item would be discussed at the next board meeting in April and an update would be published in the March/April newsletter to illicit comments from the public.
8.2 Update of Bockman Center
The Administrator reported that at the last Planning Commission meeting the Board made its recommendation to the Planning Commission based on last month's motion, that the project be 82 two story town homes no more than 25 feet in height with 5,000 square feet of commercial space. The final recommendation of the Commissioners was different. They approved the 82 units, but wanted 7500 to 10,000 square feet of commercial space. This recommendation was made by one of the commissioners without much discussion and approved. The Administrator stated that the commercial brokers who came to speak to the Homes Association and its members had all noted that a maximum of 5000 square feet of commercial space would be viable for that area.
Kevin Dowling noted that the final decision on the project goes before the Board of Supervisors on April 6, 2006. Concerns are adequate parking and the height of the proposed commercial buildings which would have to be two-story with the new amount of square footage proposed. Would commercial businesses be looking down into residential back yards? The businesses would need elevator access to the second floor and how would this be proposed? Dowling noted that adding a second story raises more issues than were discussed at the Planning Commission meeting.
Discussion continued about the viability of businesses in the area. Realtor John Stedman noted that he is concerned with the increase in retail over the 5000 square feet that the Association proposed. He is also concerned with two-story businesses looking into residential yards. Resident Donald Clowser stated that there were many more people that were for more business development in that area than was outlined at the Planning Commission meeting. He also wanted a copy of the comments that the Olson Company received from its flyer about the development. The Administrator invited Mr. Clowser to come and look at her copies any time he wanted to.
Director Ready noted that the she has heard from developers and the county redevelopment staff at other meeting that an area that is primarily residential serving a business area is a difficult sell. Her concern is that the businesses are viable for the community and the area. The community does not want a bunch of vacant buildings.
The Administrator suggested that 5000 square feet be recommended by the Board to the Board of Supervisors with two (2) housing units be set aside for more additional space if the developer can attract other businesses. This could be left as open space if businesses could not be acquired.
The consensus of the Board was to suggest to the Board of Supervisors at its April 6, 2006 meeting that if the BOS wants additional retail space, that it should be contingent on the developer or the community successfully bringing additional retail stores during the year the project is being built. Otherwise, we should stick with 5000 square feet.
8.3 Proposed By-Laws - discussion of public comments received
The Administrator noted that the proposed by-law changes were published in the Association's January/February 2006 newsletter. She received three (3) pages of comments about the proposed changes from resident Howard Beckman and gave them to the Association attorney with the following recommendations (See Attachment D). The new changes were minor and related to membership/voting rights; proxy votes; terms of office; nominating and election procedures and the right to record minutes (Reference Attachment D). All these changes would be sent out in the March/April 2006 newsletter.
Resident Beckman noted that he had difficulty figuring out what the changes were in the January/Feb newsletter because they old-versus-new "wording" in the by-laws was not made clear. Beckman stated that he sees the changes as not just "legal" wording, but as changing the "power structure" of the Board. He sees these changes as moving the board from a "Homes Association" into a "Community Association" and questioned what the process is in voting these amendments into the bylaws. The Administrator stated that the changes will be sent out in the March/April 2006 newsletter and will have a second reading prior to adopting. Beckman suggested that with the new changes, the process be started over with another "first reading". Other residents made comments about the by-laws, and Director Ledesma reminded residents to put their comments in writing so that the Board and the Administrator could review them. He also suggested that the new proposed changes be shown in the newsletter juxtaposed against the original bylaws with "strike-out" lines. The Administrator noted that she would see if she could do this with the limitation of pages for the newsletter.
Resident Donald Clowser stated that he was against proxy voting and handed the board his concerns about the proposed by law changes (see Attachment E).
The final consensus of the Board with respect to the by-law changes was as follows:
The Administrator stated that the budget and reserves will be published in the next newsletter- See Attachment F She noted that the Association took a substantial amount of money from the reserves this past year for renovations of the outside of the Association building and Community Hall as well as for the vandalism to the Community Hall floor that the insurance did not cover. The Association also put in a new sprinkler system for the landscaping and the Hall rentals and Transfer fees have declined in the past year. Due to all of the above the yearly assessment for 2007 would increase by $10.00 to $85 per year. Residents are encouraged to review the draft budget in the newsletter and to make comments or concerns to the Administrator at 510-276-4554 ext 6.
9.0 PUBLIC COMMENT
John Stedman announced that he and his partner Michelle, will be participating in the Christmas in April, next month. He asked that residents contact him about any low income resident that needs home repairs through this program.
Resident Howard Beckman stated that he has been noticing lately that there is an enormous hostility towards the Homes Association and its actions. He wants to see more opportunities for resident's input and comments at public meetings, and does not feel that the Board of Directors is encouraging this. He believes the voice of the Board of Directors is not the representative to the voice of a majority of the Association members.
Director Ready noted that the Board of Directors has increased the amount of time for Public Comment on its agendas, and goes "out of its way" to encourage and listen to the public at its meetings, often ignoring the three minute time constraint. The Administrator noted that the Association announces its meetings well in advance, encourages residents to fax, email, write or call in their concerns if they cannot attend a meeting, and publishes Association activity in its by-monthly newsletter. The fact that there are now two (2) agenda items for Public Comment on the Association's monthly meeting is evident that the Association has gone out of its way to encourage public input.
Director Ledesma noted that he has never heard anyone from the Association Board of Directors stated that public comment is limited, the board has always been open to public comment and input. There are times when the comment is irrelevant and at those times it is discouraged to go on and a member is asked to speak to the topic at hand.
10.0 COMMITTEE REPORTS
10.1 Economic Development Committee -- The Administrator reported that she, Director Ready and Director Ledesma were in attendance at the last meeting, which was very productive. The committee decided about what it wanted to see in terms of economic development for the unincorporated areas of San Lorenzo, Ashland, Cherryland and Castro Valley. All this information would be published on the County's Redevelopment web site. The committee felt strongly that more businesses need to come into the area and would be pushing the county to help attract these businesses into the area.
11.0 COMMENTS FROM BOARD MEMBERS -- President Ready excused herself from the meeting. The Board members thanked the residents who attended.
11.1 Clean up Day for San Lorenzo -- The Administrator announced that on April 22, 2006 San Lorenzo will participate in its own Community Clean up. Residents are encouraged to choose a spot in San Lorenzo to clean and the Association will provide the hats, gloves and garbage bags. Participants are to meet the morning of the 22nd in the parking lot in front of the Association office at 377 Paseo Grande. This event is in honor of Earth Day and Albertsons will be donating the refreshments.
12.0 ADJOURNMENT -- Director Ledesma adjourned the meeting at 10:09 pm.
Respectfully Submitted,
Pat Pebelier
Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator , Kathie Ready, Board President