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MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1093
April 15, 2004
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday,
April 15, 2004.
1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:33.
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, Pat Pebelier, Patrick Ledesma and Peggy Sheridan were present.
2.O MINUTES FROM THE PREVIOUS MEETING -- Director Sheridan moved to approve the minutes from the March 2004 meeting Number 1092. Director Pebelier seconds the motion. The minutes are approved unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 CHP -- Officer De Souza and Officer Burke reported on the following statistics:
CHP Statistics for March 2004
Infraction San Lorenzo Total for Unincorp. area Collisions 19 113 Tickets 279 1,736 Parking Tickets 81 372 Storage/Impounds 19 94 Stolen Recoveries 0 6 Parking Complaints n/a n/a Total Warnings for Hayward Area CHP: 1,806A resident asked about a vehicle on Alamitos that is constantly speeding down the street. He was unable to get the license plate. The officers asked him to talk with them after the meeting so that they could take a report.
Ready asked about the semi-trucks that are parked in the old Mervyns lot. The CHP stated that the sheriff's are responsible for private property. Staff noted that Bohannon would be contacted and that the sheriff's have the authority in that lot. The Administrator asked about the semi-trucks going down Grant Ave. They should not be at the end of Grant beyond Washington. Officer Diocese stated that they are giving tickets in that area for any trucks that are driving past Washington onto Grant. He noted that the biggest violator is THARCO.
Another resident asked about how she would go about getting speed bumps in her neighborhood. Director Ready directed her to County Traffic Engineer, Bob Preston. The Administrator also noted that the library or the Association office has material about the process.
Officer Diocese noted that his department already spoke with the resident on Paseo Del Campo who had the boat in the roadway, which was obstructing views for cars. The resident has since moved the boat into the driveway and is working on storage.
3.2 Sheriff's Report -- Technician Lemmon reported on the following statistics:
Statistics for March 2004, Alameda County Sheriff's Office
Crime Number Change from last month Affected Street
Stolen vehicles 4 0 Grant Ave., Via Arriba, Via Manzanas,
Via Walter
Attempted Stolen Vehicle 0 -1
Recovered Stolen Vehicles 2 +2 Hathaway, Via del Prado
Residential Burglary 2 -1 Via Susana, Via Vista
Commercial Burglary 3 +1 Hesperian (2), Grant
Auto Burglary 3 +1 Paseo Grande, Via Andeta, Via Coralla
Attempted Burglary n/a
Grand Theft 3 0 Hesperian, Via La Jolla, Via Rincon
Graffiti 3 +3 Hesperian, Via Vista, Hacienda,
Hesperian/Robscott
Robbery 4 +3 Hacienda, Hesperian, Paseo Grande,
Channel
Director Ready asked why there appears to be an increase in crime recently in San Lorenzo. Lemmon stated that she is unsure why the burglaries have increased in the area.Ready asked if the sheriff ever writes up an area where there is an increase in crime. Lemmon stated that they do write up areas where violent crimes have increased. She noted that drugs and violent crimes go hand in hand. Ready said that she had an incident today with a man running from the police through her back yard . The man was from San Leandro, and Ready had to deal with San Leandro police. She is concerned with the possible increase in incidents in San Lorenzo. Lemmon stated that she would have a sheriff at the next meeting to answer questions about the crime increases in the area.
Resident Keith Barros was concerned that the parking signs on Via Alamitos were not being enforced. He said that it is very clear that people are parking up on the sidewalk and in no parking areas on that street, and has seen sheriff cars drive by without ticketing.
The Administrator noted that the sheriffs are now having technicians give the tickets in the street sweeping area to free up the deputies. She also reported that she went to a recent county budget meeting where it was noted that the county needs to cut 100 million dollars from its budget, of which 45 million will have to come from Protective/Civil Services.
Director Ready stated that the problem is only going to get worse. She noted that one of the agencies whether it be the Highway Patrol or the Sheriff's department needs to address Via Alamitos and its ongoing problems.
3.3 Supervisor Alice Lai-Bitker
Staff person, Kevin Dowling, thanked members of the community for helping to coordinate the community- wide clean up that will be held on April 24th . He invited all residents to help with this clean up that commemorates Earth Day. Resident Nancy Shelvy asked if there would be any bathrooms and whether residents should bring their own gloves. Dowling said that they would have bathrooms at the Association or his office on Hesperian. He noted that they would have gloves and T-shirts for residents. A barbeque would be held in the Mervyn's Parking lot after the event.
Ready asked the county if they could provide some paint for the graffiti clean up and also whether rims on tires would be accepted with the tire recycling. Tona Henninger, zoning staff of the county, said that they will provide paint and that rims on tires would be accepted.
Dowling announced that the next Unincorporated meeting would be held on Monday, April 26, 2004.
3.4 Public Comment - Items not on the Agenda
Resident Nancy Shelvy announced the Lorenzo Theater Foundation's Spring Swing. The event would be held May 22, 2004 at a Hayward Airport hangar. There will be a 16 piece orchestra at this event, dance lessons, hors d'oeuvres. She thanked all those who have donated for this event, including Civic Partners.
Resident Liz Thayer stated that she has been fighting with the county and with AC Transit for months since the bus stop was put in front of her house. She states that there is ongoing problems, with trash, trespassing and noise at the front of her house due to the bus stop. She also noted that it is not handicap accessible, even with the handicap ramp, but is in such a small corner area that wheelchairs have difficulty maneuvering. She stated that it is worse now with the middle school kids taking AC Transit after school. She wanted the bus stop removed from her property and asked that the Association help her coordinate a meeting with AC Transit and the county to discuss this further. Thayer produced photos of the trash and problems the bus stop is creating. She also noted that the thin area of dirt near the bus stop is creating a hazard. The Board members agreed to coordinate a meeting for this resident, the AC Transit representative as well as representatives with the county to see what can be done.
4.0 FINANCIAL REPORT
4.1 Approval of March 2004 expenditures and discussion of significant variances -- The Administrator noted that there were no variances this past month and that no liens have been released since the last meeting. Director Sherman made a motion to approve the March 2004 expenditures, Director Sheridan seconded the motion carried unanimously.
5.0 LIENS AND VIOLATION REPORT
March 2004 Violation Report
Number Violation # of Letters 1/19 Inoperable Vehicles in driveway 72 2/22 Recreational veh/trailer in driveway 14 6 Lack of Gen Maintenance 12 10 Lawn Height 47 11 Dead Trees 0 12 Overgrown Vegetation 4 13 Holiday Lights 32 15 Building Exterior 3 16 Dirt Accumulation 10 17 Attractive Nuisances 3 18 Lean/miss fence 1 20/7 Unpaved parking 3 21 Working on vehicles 0 23 Dogs/Cats more than 2 2 24 Barking dogs 2 25 Prohibited animals 0 26 Excess noise 1 27 No Home Business 0 28/99 Other/ comments 10 Total 2166.0 ZONING AND VARIANCE ISSUES
6.1 Variances approved/disapproved at the Work Session
A. 16151 Via Chiquita -- Fanciers permit for 3 dogs. Board reviewed, no neighbor complaints, approved with condition that no excessive complaints or the board would pull approval.
B. 15851 Via Pinale -- Location of Boat in driveway. Board reviewed and approved due to the fact owner had a long driveway and boat was kept to back half of property behind the chimney.
C. 17411 Via Carmen -- Back yard shed with 3 inch set back from fence. Shed was oversized; Board denied the plans submitted.
D. 16177 Via Milos -- Play structure in front yard. Board denied.
E. 15724 Via Sonata -- Landscaping and fence extension. Board approved a step fence that would start out at 6 ft come down to 4 feet and then drop to 3 feet with a 10 ft setback from the street. The fence would be redwood. The board continued the landscaping issue until the next board meeting where it could review the property again.
Resident Lois Moser, who was a neighbor to this property, asked how far this resident can go out past his house with a 6 ft fence. The Administrator noted that the CC&R's require the fence to drop to 3 ft off the leading edge of the house, but there have been variance where fences have come out a little past the leading edge and then drop. This owner would have two panels of 6 ft fencing which are 5 feet in length, then the fence would drop down to 4 feet and then finally 3 ft. Ms. Moser was also concerned with this resident's garbage cans being left out and the fact that he also wants to pave more of his front yard to park vehicles right near the side of her residence. Director Ready noted that the Board is very concerned about the way this property looks and assured Ms. Moser that it would drive by the property and deal with the issues that she is concerned with. She also said that they had made no determination on the cementing, but would be considering this at next month's board meeting.
F. 15748 Via Lunado -- Exterior paint colors. Approved.
G. 1504 Via Rancho -- Backyard redwood fence 6 ft 8" in height, already constructed. Board approved 6 ft fencing, referred to county for 8" of lattice which it would not oppose as long as no more than an additional 1 ft of lattice.
H. 15912 Via Alamitos -- Driveway extension. Approved, less than 50%.
I. 15855 Via Del Prado -- Family and bedroom addition. Approved.
J. 617 Paseo Grande -- Driveway extension and additional cement strip. Approved no more than 50%.
7.0 ADMINISTRATOR'S REPORT
Informational Items -- The Administrator reported that there were none.
7.1 San Lorenzo Meeting/Events -- The Administrator announced that the Board and staff have formed a team for the Cancer fund-raiser Relay for Life and asked for residents to volunteer to walk on May 24, 2004. This is a 24 hour fund-raiser so residents can sign up for any time of the day. She also announced that the association would have a breakfast/lunch fund-raiser for Relay for Life and the AIDS Life Cycle 3 fund raising event which staff member Kathleen Harrigan would be a participant in this June.
8.0 OTHER BUSINESS
8.1 Oro Loma Report on Recycling Cans [7:45 pm] -- The Administrator announced that the agenda item should have read "Waste Management on Recycling Cans", however representatives from Waste Management told her they were unable to attend. The Administrator announced that she and representatives from the Board will attend the Oro Loma Board meeting on Monday May 10, 2004 to discuss the problems San Lorenzo is having with the recycling and waste cans being left in the street. She invited residents to come as well. The meeting would be held at 2 p.m. at Oro Loma at the end of Grant Ave.
8.2 Santa Fe Catering (Hacienda) - zoning issues -- Dennis Botelho wanted the Board to consider the neighbor's problems with the approval of this zoning issue and handed out a report about various problems owners have expressed about Santa Fe Catering in the last several years.
The Administrator suggested to the board that any vote on this issue be postponed until May when a staff report will be generated and both sides of the issue can be reviewed factually. Botelho stated that the issue at hand is whether a commercial business can run in a residential zone and he did not feel this issue would be changed in a staff report. He was also concerned that the public would have enough time for input prior to the Board of Supervisors meeting. The Administrator noted that both sides should be heard. The applicant was not in attendance at this Association Board meeting.
Vicky Carminati who resides next to the business at 18322 Ricardo spoke on behalf of some of the residents. She noted that since 2001 there have been problems with the facility. The Fire Department, County zoning, ABT and Health Department have all visited the business. The new owner is a previous employee who is running an offsite catering business from the facility which was never approved or authorized. She stated even though the community agreed to some conditions for the party house to continue it's business at the site, she felt that the neighbors were misled. Every party still parks on Ricardo Avenue instead of the adjacent church parking lot behind the party house. Partygoers continually urinate on neighbors landscaping and the off-site catering has brought in large semi-trucks that block driveways and roadways to unload supplies at all hours of the day and night.
Director Ready asked who was preparing the staff report. Botelho stated that a staff letter would go to the Board of Supervisors. He noted that the BZA voted 5 in favor, 0 opposed to deny any change for the business. The BZA would not recognize the off-site catering as a nonconforming use which was added 'after the fact'. The facility was never licensed for off site catering. Botelho even added that county staff has referred to the off-site catering as an "illegal" business in other reports to agencies.
Director Sherman said that he would need to review the staff report and supporting documentation to vote on the issue. Director Ready noted that the Board will discuss the issue further and suggested the item be continued until the May board meeting. They will invite the applicant and the residents and have the staff report available.
8.3 President's Report President Ready reported on events and issues that occurred within the last year. (See attachment A)
8.4 Member Contact Information (motion required) (See attachment B Sample) -- The Administrator stated that a resident had questioned why the Association does not give out information to other homeowners about a specific owner's name, address, phone number and other information. It has been the Association's policy to not give out this information, but to refer residents to the county, or ask residents to draft a letter to a specific neighbor or homeowner and the Association then forwards this letter to the homeowner asking them to respond.. The Administrator asked the Association's attorney if there was any other way to do this. The attorney provided a document (see attachment B), that would be forwarded to the homeowner whose information is being requested, letting them know the name of the resident requesting the information, and giving them so much time to object prior to the Association disclosing this information.
The Administrator stated if this policy is approved, the Association would publish it in the newsletter and enact the policy within 30 days of the publication.
Resident Howard Beckman stated that he was the resident that questioned this policy. He stated that the law is clear on this, pointing out that as a non-profit organization, the Association is supposed to give out this information to its membership. This falls under the "right to inspect" documents for a non-profit organization and is very clear that all membership has the right to inspect a non-profits records. Beckman noted that member information is falls under this right to inspect and should be public. Director Ledesma asked why a member cannot still be referred to the county under the right to inspect since they have the records as well. Beckman stated that as a member of this Association, the right to inspect should be honored by the Association, it is a right for all members.
Director Ready said that she would like to know the name of the person who is requesting the information and can see both sides of the issue. Ready said that the attorney's letter is an adequate compromise. Both Director Ledesma and Director Sheridan stated that they would like to know who is requesting information on them as well.
Director Ledesma makes a motion to change the Association policy of letting member's find out owner information of other members by incorporating the letter prepared by the attorney (See attachment B). Director Sheridan seconded the motion, carries unanimously.
8.5 Adopt Budget for FY 2004-2005 (See attachment C)
Howard Beckman questioned where the income for the advertising in the newsletter was. The Administrator stated that it is offset in the newsletter costs. Beckman asked whether we had record of that income. The Administrator noted that the board sees these records every month which are kept in the Association office. Beckman also noted that according to the budget, 62% of the Association expenses are for staff. Now there is a proposal to add $24,000 in wages for additional staff. He questioned what that was for. Director Ready noted that the Association would like to make the part-time CC&R position, full-time. Beckman said that a few years ago the board asked to hire a part time staff person for additional enforcement. What will this full time position mean for others in the office. Will enforcement go up?
The Administrator noted that in the past several years there has been a greater need for additional staff. Sales of homes have increased and transfer fees have increased. Hall rentals have increased. All these things need additional staff time. Enforcement of the CC&Rs has become harder do to these sales and new people coming into the community. Many people who move in have never been in a homes association and do not understand the rules. Director Ready added that where it used to take one letter to get compliance it is often taking two or more letters. This takes up a lot more time from staff.
Beckman said that we are increasing our budget just like the county and questioned when it will end. What are we doing by increasing this budget. Director Ready noted that the Board did not want the increase. There were a lot of issues that are attributed to this increase. Workers Compensation has increased, medical costs have increased, and a resident's lawsuit against the Association has also been a huge factor in the increase in the assessment fees and the budget. Director Ledesma added that almost 10% of the budget increase can be directly related to being sued by this resident and thus being dropped from the insurance and needing new insurance.
Director Sherman makes a motion to approve the 2004-2005 budget. Director Pebelier seconds the motion. The motion carries unanimously.
9.0 PUBLIC COMMENT
Joshua Ertle from ComPre stated that Irongate Liguor and Bar is applying for a new liquor license due to a change of ownership. He stated that they have had a lot of complaints about this bar and he knows that law enforcement officials have been to these businesses on many occasions for suspicious, illegal activity. He noted that this would be the time to suggest some conditions be attached to any approval of the liquor licensing. He asked the board to write to the sheriff suggesting some conditions prior to their report to ABC. The Board suggested that he write up some conditions to suggest, and that staff would use these in formulating its letter to the Sheriff's Department.
A resident, Ken Hankencamp at 16160 Via Segundo noted that he is a new resident to the Association and has been having trouble with his front yard tree. The tree out front is lifting his sidewalk and he wanted to remove the tree. The county will not let him remove the tree because it is not diseased. However, after they told him he could not remove the tree they sent him a letter asking him to fix the sidewalk or they would do it and fine him. He has applied for Measure B funds but is being told it may be sometime before they get back to him. He was asking the Board what to do, since the county only gave him so much time to fix the sidewalk. The Board asked that he wait to see if the Measure B funds come through and forward this information to the county letting them know why he is taking longer. If he needed further assistance he was directed to staff at the Association office for further assistance.
10.0 COMMITTEE REPORTS
10.1 Airport Committees -- No report.
10.2 Library Committee -- Director Sheridan stated that there was no report this month.
11.0 COMMENTS FROM BOARD MEMBERS -- Director Ready thanked all those residents who came to the meeting.
12.0 ADJOURNMENT -- Director Ready adjourned the meeting at 10:30 p.m.
Respectfully Submitted,
Pat Pebelier
Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator, and Kathie Ready, Board President