The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, April 19, 2001.

1.1 CALL TO ORDER - President Jim Sherman called the meeting to order at 7:45 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,Enrique Barboza and Kathie Ready were present, Director David Sloan was absent.

2.O MINUTES FROM THE PREVIOUS MEETING Director Ready moved to approve the minutes from the March 15, 2001, meeting number 1049, Director Pebelier seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Presentation to Redwood Christian School Girls Basketball team - Proclamation was read for the Redwood Christian School Girl's Varsity basketball team and each player was honored.

3.2 Alameda County Sheriffs Dept. - Deputy Jukich reported that the Community Policing meeting last month on graffiti had good attendance. He stated that the county is looking to hire full time graffiti busters at the beginning of next year, until then county zoning will be dealing with the abatement. The Sheriff's Department will continue to handle the criminal investigation and prosecution of the individuals who are responsible for the graffiti.

Jukich stated that Sergeant Bromstead transferred to the Alameda County Drug Task Force and is no longer with the Cop Shop. Sergeant Gary Broche will be taking his place and will attend the next Homes Association Board meeting. Jukich stated that crime in San Lorenzo has decreased from last month due to the Sheriff's Department identifying a high crime area on the border of San Lorenzo and Hayward. He gave the following crime statistics for March 2001:

Crime Stats for March 2001

Graffiti Reports               4
Stolen Vehicles                5
Recovered Stolen Vehicles      1
Armed Robberies (Commercial)*  1
Auto Burglaries                1
Residential Burglaries         1
Grand Theft from Vehicles      5

3.3 CHP - Officer Dowle reported the following stats for March 2001:

CHP Traffic Statistics for March 2001

Type of Ticket     # of tickets for entire          # in San Lorenzo
                   unincorporated area of County

Parking Tickets               530                         64
Fix-It Tickets                229                        n/a
Moving violations            1283                        271
Traffic Collisions            123                         24
DUI                            89                        n/a
Vehicle Towed or impounded    117                         23

Dowle reported that their officers began ticketing for the Association and its Street Sweeping signs on March 19th. Three officers patrolled Monday's street sweeping area from 8 a.m. to 4 p.m. and 50 citations were issued.

Officer Plant reported that scooters are becoming a safety issue. There are currently no laws addressing these scooters and recently a 10-year-old died in a scooter accident due to the fact that he was not wearing a helmet. Plant encouraged parents to make their children wear protective gear and helmets when riding scooters. Motorized scooters are also a problem, however, there are laws that state a person operating a motorized scooter must be 16 years of age, ride on the right side of the street and must wear helmets. Persons can only operated them on streets that are posted 25 mph or less, or where there are higher speed limits with bike lanes. The officers can issue citations if these rules are not followed.

Resident Howard Beckman questioned where the neighborhood sweeps for vehicle parking violations were being done. He wanted to know how the CHP was choosing the streets and how many were being done in a week. Officer Dowle stated that his department was breaking the streets into sectors and that his department was completing at least 5 (five) streets per week, barring any problematic arrests or other traffic problems. Resident Keith Barros questioned how long it would take the CHP to cycle through the whole area before they would begin the area again. Dowle stated that it would take the CHP 2 to 3 months to cycle through, they are hoping to recycle the entire area four to five times in a year.

3.4 Supervisor Steele - The Administrator reported that the Supervisor had a conflict this evening and was unable to attend. She stated that the old KFC building in the Lorenzo Manor Shopping area will probably not be torn down.

3.5 Youth Advisory Commission - No one was in attendance to give [a report]. Attachment A was found after the meeting.

3.6 Public Comment - Beckman stated that he is very angry about a recurring problem in San Lorenzo. Last summer he reported to the Association that there was a particular neighborhood which continually left garbage cans out front. He stated it has been 9 (nine) months since his initial complaint and the problem is now worse. He wanted to know what the Association was doing to inform the county about this problem. The Administrator stated that the County had drafted a letter and would be sending it to folks soon.

Resident Jim Spears stated that Christmas in April will be working on 15891 Paseo Del Campo in San Lorenzo the last weekend in April and invited residents to volunteer for the project.

Resident Ann Marie Mrak announced that the Lorenzo Theater Foundation is having a fundraiser/garden tour Saturday, May 12th from 12:30 to 4:00 pm. Five neighborhood gardens will be toured in San Lorenzo. Tickets for the event are $10.00.

4.0 FINANCIAL REPORT

4.1 Approval of March 2001 Expenditures - Pebelier moved with a second by Director Ready that the Board approve the expenditures for March 2001. The motion was passed unanimously.

4.2 Discussion of Significant Variances - The Administrator said that there were no significant variances to report.

5.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been no liens released, and currently there are 570 cases open.

VIOLATION REPORT March 2001

Inoperable/Unlicenced vehicles in front or side yard    12
Recreational vehicle in front or side yard area          4
General Maintenance of property                         29
Vehicle Parked on lawn or other unpaved area             6
Others                                                   5
Total                                                   56

Chair Ann Marie Mrak reported that the BCDC had come to a consensus that the Board consider adopting the committee's suggested Homes Recognition Award Program where one home would be honored at monthly Board meetings for its outside appearance. Honorees would be limited to one home per owner and the homes would not need to be owner occupied. Each month one home would be chosen by a BCDC subcommittee and honored at the monthly Board meeting.

Mrak stated a motion was made and seconded to recommend to the Homes Association Board that it endorse a change from the present single person Zoning Administrator system to a Zoning Board of Adjustments where each of the unincorporated communities is represented on that Board by a resident of that respective area. The motion passed.

6.1 Business Development Committee's (BDC) motion(s)

Director Ready made a motion to accept the BCDC 's recommendations for a Home Recognition Program, Pebelier seconds the motion. The motion passes unanimously.

The consensus of the Board was to table a vote on the BCDC's motion on changing the current zoning hearing process until its May meeting, to hear more public comment on the issue.

Resident Mary Reynolds stated that she was against changing the zoning procedure from what it is. She did not think that more people would necessarily ensure less corruption but rather would add more bureaucracy to the process.

Resident Keith Barros stated that the zoning process does need to be changed. The current one person system had created some problems in the past. Decisions that were made did not make sense when you looked at the criteria for approving/disapproving a variance. Barros stated that there is a multiple person board on the Planning Commission representing all districts, why can't there be a zoning board which would also represent the districts. Barros said that even though individuals can currently appeal the Zoning Administrators decision before the Board of Supervisors, many people can not afford to take off work and pay the $100 it takes to appeal.

7.0 ADMINISTRATOR'S REPORT

7.1 Street Sweeping - The Administrator reported that residents were warned about the ticketing in Mondays area via the last newsletter. She stated that the first week she had her staff go around and put warning signs on those cars that were not moved. This week the CHP issued tickets as was previously reported.

7.2 EBMUD Groundwater project update - John Partridge reported on what the project would entail and announced that the preliminary EIR was released several weeks ago for residents to review. It was reviewed by Partridge, Van Huffel, and Director Sloan. They developed a list of questions that were not addressed in the EIR . This list has been forwarded to EBMUD for response. There are two main issues that were not addressed in the EIR (1) subsidence which could be caused by over- pumping/overdraft of the underground aquifer and (2) air quality dealing with radon and chloroform emissions which would be coming from the water treatment plant as water is pumped back out of the aquifer into the EBMUD distribution system. Another public meeting would be held on May 1, 2001 on this issue where EBMUD will be fielding questions from the public about the EIR. Final questions on the EIR would be do by mid May, however this deadline may be extended until all questions can be addressed from the May 1st meeting.

The Administrator stated that there were very few residents from San Lorenzo at the Grant School meeting on this issue. Most were from the Heron Bay Homes Association in San Leandro. The meeting brought to light several concerns. She noted that one section of the EIR talks about chloroform, (which is carcenogenic) being released into the air without any reference as to how these gases would be captured. The Administrator continued that at last nights ORO LOMA Board meeting it was noted by Judge Landis that there are ways these gases can be captured.

The Administrator noted that the Association forwarded 30 questions to EBMUD which would be answered and posted on their website. The May 1st meeting would be held with EBMUD's technical people who could answer the questions residents had been addressing with respect to the EIR. She noted that the EIR report was done "in-house" , not by an independent party. The Heron Bay HOA suggested that another study be done by an independent party. The Administrator thought this was a good suggestion and suggest further that EBMUD pay for this independent study, and if not that the San Lorenzo HOA and Heron HOA fund the study.

John Partridge suggested to the Board that it make a written proposal to set encourage EBMUD to set up an oversight process of the extraction/injection cycle operation of the facility. Resident Howard Beckman stated that he does not trust EBMUD and has seen the agency change the character of a project once they get it approved.

It was questioned as to whether the project was both extraction and injection or just extraction. John Partridge stated that the proposal deals with only extraction. He invited residents to look at the website EBMUD.com which addresses some of the issues. Resident Anne Marie Mrak stated that if the project is for extraction only then it is important that an independent party be hired to do a study, and if EBMUD refuses to pay for the study she would encourage the San Lorenzo HOA to hire and pay for the study.

8.0 OTHER BUSINESS

8.1 Recommendations and new procedures form the CC&R Review Committee to be considered - Frank Peixoto gave report and highlighted the major areas of concern that the committee had discussed. The committee's recommendations to the Board were as follows: (See Attachment C)

The Administrator noted that much of the wording which was added to the Summary page for CC&Rs was taken from the County's Neighborhood Preservation Ordinance (NPO) which highlights many things that the CC&Rs already address. She stated that if the Board adopts the new policy tonight, the Association would be willing to start acting on the new policy tomorrow.

Resident Howard Beckman stated that he was concerned that there was no prior notice to this meeting to let residents know about the proposed changes. He said that he thought it was inappropriate to act on this change in policy without getting the news out to the public. Residents need to be educated about the CC&Rs, about what they can and cannot do as well as how they as residents can help with enforcement.

Beckman was also concerned with using the county's NPO to help with enforcement. He stated that residents need to know that the CC&R's are independent from the NPO and that the CC&Rs should be enforced whether the county is involved in the process or not.

Resident Mary Reynolds stated that the CC&R committee has been meeting since October of 2000 and all meetings have been open to the public. She did not see any problem for the Board to take action on this policy tonight. Residents had adequate time to come to meetings and/or to find our what the subcommittee was doing.

Peixoto stated that as a member of the committee, he recommended the Board take a more pro-active stance on enforcement and catch problems prior to them happening. He stated that the only negative he saw in using the county's NPO for help would be that the Association would use it as a crutch and not proceed with enforcement on its end. Pexioto said Board members need to get involved and get a hold of enforcement and act upon problem areas immediately.

Director Ready stated that the CC&R committee took a long look at the CC&Rs and now the public needs to support what the Board and the committee want to do.

Director Ready makes a motion that accept the recommendations from the CC&R committee (Attachment C). Director Pebelier seconds, the motion carries unanimously.

8.2 Approval of Budget for FY 2001-2002 - The Administrator reported that the draft budget was published in the newsletter and she has had no comments from homeowners to date. She reviewed what other Homes Associations are charging for transfer fees to title companies and decided that our Association would need to increase its fees. The fees will increase from $75.00 for a sale to $100.00 and from $50.00 for a refinance to $75.00. She is continuing to look into Hall rental prices in the area to see if the Association should increase these fees as well. Her recommendation to the Board would be to approve the draft budget.

Resident Howard Beckman wanted an explanation of legal expenses and how much of these expenses were being used for CC&R enforcement. The Administrator invited Beckman to review documents in the Association office. Beckman stated that he did not want to review the data at the office and then have to come back to another Board meeting to get his question addressed. Beckman stated that $8,000 for legal fees is not aggressive enforcement of the CC&Rs. The county is now helping the Association with its enforcement. Beckman understood that there have been staff changes in Association office personnel within the last two (2) years but questioned why there has been a decrease in CC&R enforcement in the last four (4) years. He was unclear as to why there was this decline each year and questioned why additional staff would be of help. Director Sherman noted that the community asked for stronger enforcement and thus the Board decided to hire an additional part time person to help.

Director Ready said that the Administrator has made a concerted effort to get CC&R enforcement done. She has been in the office and has seen the level of work that staff does, which is more than just CC&R enforcement.

Director Pebelier makes a motion to approve the budget and the reserve study, Barboza seconds, the motion passes unanimously.

8.3 Recommendation to approve/disapprove Auto Sales at 418 Lewelling Blvd. - The Administrator stated that the county forwarded information on the applicants proposal to the Association office. The site currently has a house on this property. Some of the Board members and the Administrator went out to this site and found that it was difficult to make a turn at this property even without cars in the lot. She recommended to the Board that it disapprove of county approval of this application. Resident Mrak encouraged the board to say "no thank you" to this application.

Director Pebelier makes a motion to disapprove the application for a used auto sale business at 418 Lewelling Blvd in San Lorenzo, Director Ready seconds, motion passes unanimously.

9.0 PUBLIC COMMENT - Resident Keith Barros stated that if the Association had a one person Board versus the current five person, there would be a lot of differences in how the Association was run. This is related to his point about the zoning adjustments board versus administrator.

10.0 COMMITTEE REPORTS

10.1 Airport Committee - Howard Beckman reported for Director Sloan. He stated that the forum voted last night to have someone come to the next meeting to discuss airport curfews. Beckman said that the Port of Oakland has always ignored curfews, they will now be forced to look at this issue and address it in front of mayors and other political officials who belong to the forum.

10.2 Council on the Prevention of Drinking and Driving - Resident Jim Spears reported that the committee met last week and gave its essay grant money to a fourth grade class at Terrell Elementary in Hayward for its essays on why you should not drink and drive.

10.3 Youth Resources Group - The Administrator reported that the group discussed its goals at its last meeting and determined that it should continue as a group to help youth in the community. It discussed the idea of having a youth forum where agencies connected with youth or anyone related to youth would be invited to come to brainstorm what the community has in place for youth currently, and what it still needs. This forum would be held sometime in mid June 2001.

11.0 COMMENTS FROM BOARD MEMBERS - None.

12.0 ADJOURNMENT - Director Sherman adjourned the meeting at 9:54 p.m.

Respectfully Submitted,

Pat Pebelier
Secretary-Treasurer

Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator & Kathie Ready, Board Member

(1) Condition of yards (54% - percentage for 2000)
(1) General maintenance of property
(1) Vehicle storage or repairs (16%)
(2) Vehicles parked on lawns (6%)
(2) RV (boat/trailer) in front or side yard area (13%)
(2) Paint colors
(3) Holiday lights/decorations
(3) Fences - incorrect setback, materials
(4) Loose dogs (county)
(4) Noise, barking dogs (county) (11%)
(5) Animals - too many or wrong kind (county)
(5) Garbage can placement (county)

1. Adopt a priority placement as suggested above

2. Change policies for:

A. Holiday light - total ban after January 31;
B. Lawn areas not to exceed 6-8 inches;
C. *Eliminate all chain link fences including those with slats;
D. *Paint colors to belnd in with the neighborhood; standard to be subdued.

4. Include Neighborhood Preservation Ordinance definitions for noxious, offensive activities in summary of CC&Rs.

5. Send a letter to each homeowner and write an article in the newsletter talking about the seriousness of CC&R violations.

6. Prepare a monthly summary to be submitted to the board regarding description of CC&R violation, activities, and/or referrals by staff.

* Existing ones to be "grandfathered" in for a period of time.