Reposted by San Lorenzo Express


MINUTES

SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1107

April 21, 2005


The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, April 21, 2005.

1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:30 p.m.

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, Peggy Sheridan, and Patrick Ledesma were present.

2.O MINUTES FROM THE PREVIOUS MEETING -- Director Sheridan moved to approve the Pebelier seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriff's Dept. -- Deputy Peterson gave statistics for the past month:

Statistics for Alameda County Sheriff's Office March/April 2005


                                             Change from
Crime                        Number          last month        Affected Streets

Stolen vehicles                    11                -4           Times, Perkins, Arbor, Dunn, Via
                                                                  Conejo, Via Lacqua, Via El Cerrito,
                                                                  Via Flores, Via Vecinos, Boxer Ct,
                                                                  Hesperian, Via Barrett, Grant 
Attempted Stolen Vehicles          n/a               n/a
Recovered Stolen Vehicles           6                -2           Hathaway, Bockman, Bartlett, Via
                                                                  Lupine, Saklan, West
Residential Burglary               11                +6           Via Dolorosa, W. Sunset, Via El
                                                                  Cerrito, Via Del Rey , Via Pacheco    
Commercial Burglary                 2                -1           Hesperian    
Auto Burglary                      12                +4           Via Pinale, Via Los Trancos, Via 
                                                                  Rivera, Via Alamitos, Via Conejo, Via
                                                                  Dolorosa, Via Elevado, Via La Jolla, 
                                                                  Via Lucas, Via Redondo
Grand Theft                         4                 0           Bartlett, Via Arriba, Via Frances
Graffiti                            2                 0           Garden, via Arriba
Robbery                             1                -1           Hesperian                      


3.2 CHP -- Officer Tress Reported the following statistics:

CHP Statistics for March/April 2005

Infraction               San Lorenzo     Total Unincorp. area
Collisions                       14                    169  
Tickets                         273                  1,933   
Parking Tickets                  81                    336  
Storage/Impounds                  9                    150 
Stolen Recoveries                 2                     26
Parking Complaints               26                    205  
DUI Arrests                                             27
Officer Tress stated that there was one hit and run this past month in the Lorenzo Manor Shopping Center. This was a motorcyclist vs. pedestrian (9 year old girl). The motorcycle was traveling 50 mph in the parking lot. He said that the child was hit but only had minor abrasions.

Director Ready asked what the "volunteer" stickers she has seen in some CHP vehicles are. The officer stated that his department has recruited volunteers to help with parking citations. Ready encouraged the CHP to continue with the ticket enforcement of street sweeping parking in Monday's areas. She noted that the CHP has not been out there regularly for quite some time.

Resident Steve Daly asked officers to give tickets to residents of Via Alamitos that are parking up on the sidewalk. He noted that this was an ongoing problem.

Resident Keith Barros asked if they are enforcing radar on Washington and Grant. Officer Tress was unsure as to whether this was occurring, but said that Bob Preston, county traffic engineer, did speak with his Sergeant and he was aware of officers that were out in the area.

A resident on Via Alamitos and Via Coralla stated that there was a huge problem in that area. She has had several accidents which occurred on her lawn. She asked that there be more CHP enforcement in her area. Officer Tress noted that the resident should fill out a petition via the county traffic calming measures. Director Pebelier stated that she had seen problems in that area and encouraged the CHP to be present to catch violations.

3.3 Supervisor Alice Lai-Bitker -- Staff member, Kevin Dowling, stated that community clean up day was held with a major success from residents in the unincorporated area.

Director Sheridan asked that a black couch stored in the alleyway behind Washington Mutual be cleaned up. She had mentioned this the day of the clean up, but it is still present. Dowling stated that he would take care of this.

** Timed Agenda Item - 8.1 Alameda County Planning Staff: Housing Element-Homeless Shelter, and Housing Element --

Sandy Rivera, staff with Alameda County Planning Department, presented the Project with the following distinctions of "family emergency homeless shelter" versus "general emergency homeless shelter" (see Attachment A). Rivera noted that with these new definitions, new location restrictions for "general emergency homeless" shelters would apply and take out this types of shelter in most residential areas which were within 1000 feet of schools, day cares, parks etc. This would also take these "general emergency shelters" out of the area that many residents are concerned about on Via Enrico and Lorenzo Avenue in San Lorenzo. The "family emergency shelters" could still be located in this area.

The floor was opened for comments with respect to these new "conditions" and "definitions.

Resident Keith Barros asked why the specification of "such shelters will be located within 1/4 mile of transit." Rivera noted that it is for convenience to a transit line.

Resident Gayle Garcia of Lorenzo Ave said she was concerned about the R3 and R4 districts and how many shelters each would hold. She was informed that the house on the corner of Lorenzo Avenue and Via Enrico (Ms. Perry's old house) was one of the sites that had been identified. How many people would be put into a shelter in that house? Rivera said that this new process of identifying homeless sites would not create more shelters. It would in fact prohibit where the shelters could exist and would make any shelter have to go through a conditional use process. She stated that she was unaware of this particular house on Lorenzo and Enrico. If it is designated as an R3 or R4 then any new owner could potentially use it as a homeless shelter. Rivera noted that the county is not changing any zoning and added that Homeless shelters are not huge income generators for any potential new owner.

Resident Larry Roncetti stated that no homeless shelter is a "good use" and is opposed to any in San Lorenzo.

Director Ready reminded residents that it will be the County Planning Commission and the Board of Supervisors who will make the final decision on this issue, not county staff.

Judy Welter on Via Bregani asked whether the Planning Commission looked into just where the properties of these R3 and R4 sites are located. On Via Enrico they are only a few feet away from a high school, a preschool and a church. Director Ready noted that with the new "definitions" the single homeless shelters would be taken out of this area. Ready noted that now the ordinance reads that anyone could open a homeless a shelter in any district. By specifying where these shelters are placed (R3 or R4) it limits where they can be. The conditional use permit that is also attached to this policy would provide for community input and concerns. There are no permits required at this time for shelters. Ms. Welter stated that she did not want any type of individual or family homeless shelters in her neighborhood.

Mark Winshel on Via Corta said that the county is using the unincorporated area as a "dumping ground", giving us things that cities do not want in their areas.

John Dunn of 915 Via Enrico stated that he believes shelters will depreciate the value of his house and is against any shelters in his area.

Kent Kabasch on Via Colusa noted that shelters are needed in all the county. He said that if residents think that by turning down this proposal it will prohibit homeless shelters from being placed in our residential areas they are wrong.

A resident at 15587 Via Madeline presented a petition to the Board which noted that the residents in the area were against any homeless shelters (see attachment C). She noted that she has been in one of these facilities and the local ordinances did not have control over the shelters. There were also not enough police to enforce the problems that she saw when she was staying in one of these shelters. She does not want to see any shelters in or around the Via Enrico area.

Norman Lo is an owner who lives in one of the designated sites. He does not intend to sell or re-zone his area. He fears for the children in the area if shelters are allowed in the area.

A resident who resides in Ashland states that she is homeless and needs adequate place to live, near transit, shopping. She stated that she was shocked at the comments about homeless people at this meeting. They are not all drug addicts, some are just like herself, people who have had a tough time in their lives and need assistance.

Resident Lisa Gudjohnsen on Via Nube said she knows one or two people that are very close to becoming homeless. She also is aware that our unincorporated area has a lot of sites to deal with this issue. We need to share that burden with the cities in the area. Having more than our fair share could be a burden on our community.

Sonia Tegas, a resident of Hayward said she is happy that the our area would provide homeless shelters. She comes a very poor country she thinks it is great because the richest country is now taking account for what they need. She donates and helps with homeless people. Many are senior citizens, children and need help. Someone has to start doing something to help with the homeless problem in our area.

Rachel Salinas, a resident on Via Alamitos stated that at first she was against the idea of these shelters, but now she has conflicting views. She said she is concerned for the children involved. If the parents at these shelters are intoxicated will they be kicked out? She did not feel that any shelter should be near a school. There need to be very strict guidelines. If the residents at these facilities are not behaving or doing what they are supposed to be doing then they should be kicked out of the shelter.

Mark Chiccino a resident on Via Enrico stated that the residents in and around Via Enrico do not want shelters in our neighborhoods. He questioned why they need to be in residential areas at all.

Rivera stated that both Livermore and San Ramon have their shelters in commercial areas. Pleasanton has not dealt with the homeless shelter issue and was de-certified.

Director Ready said that the homeless shelters belong in commercial corridors not in residential areas. The unincorporated area already has 30 or more group homes in the area. The cities need to take some responsibility for the homeless situation as well. Rivera pointed out that all regional cities must meet the criteria for homeless shelters within the Housing Element.

Laura Rivera a resident on Via Estrella suggested that the county relocate homeless shelters in county property it currently owns. Director Ready reiterated that as it stands now, shelters can be placed anywhere. The county wants to narrow this area to only those zoned for R3 and R4. Ready said she would like this to broken down further, to be allowed in only the commercial areas for all shelters with the same criteria of a conditional use permit being required.

Sandy Rivera asked whether the residents wanted both family and single shelters in the commercial areas. Many residents noted that they did not want either in a residential area.

Director Sheridan asked whether only residents in our area could be placed in these shelters. Rivera noted that the shelters can be used by any homeless person in or out of the area.

Director Ledesma said that he supports the family shelters being in residential areas. He noted that he had a childhood friend that used the shelters for some time. He did not think it was fair for homeless children to have to be located in a commercial district without the residential atmosphere that can help ease the stress these kids are exposed to.

Director Ready asked about the Housing Element and the section that is suggesting re-zoning areas at higher density housing. Rivera noted that the county is still reviewing the sites to see if the re-zoning for this higher density can be done in some of the unincorporated areas.

Ready noted that there are some commercial properties that appear to be re-zoned to commercial RS which would allow for housing and commercial mixed-use.

Rivera stated that some of the sites are residential with business as a mixed use (Bockman area). Hesperian has been selected as commercial with residential as a mixed use. She stated it was residential with business as mixed use. Resident Howard Beckman was concerned about the designation of the Bockman shopping center, where many residents did not want residential only on that site. Director Sheridan noted that the Board has made no decision with respect to the Bockman Shopping Center and the plan presented was just the first plan that has been proposed.

Resident, Frank Mitchell, on Bockman said that it is unclear in this housing element what properties are being designated or re-zoned as. Rivera noted that any properties to be re-zoned would have to go through an EIR process and a series of community meeting for input. It is not a done deal through this proposal, but merely a recommendation for re-zoning of certain areas.

3.4 Zoning Enforcement Report -- Staff person Bruce Babcock handed out the monthly zoning report (See Attachment B). Vegetation has become a big issue. He noted that if your bushes or plants are growing into the sidewalk it is the homeowners responsibility to take care of the problem. The maximum height for hedges is 2 to 4 feet depending upon the location. This is so residents have the sight needed to back into and out of their driveways.

3.5 Public Comment - Items not on the Agenda. None.

4.0 FINANCIAL REPORT

4.1 Approval of Expenditures and discussion of significant variances -- The Administrator reported there were none.

Director Sheridan made a motion to approve the March 2005 expenditures including payroll. Director Sherman seconds the motion carries unanimously.

5.0 LIEN AND VIOLATION REPORT -- The Administrator reported that there were no liens released this past month.

March 2005 Violation Report

Number  Violation                              # of Letters

1/19    Inoperable Vehicles in driveway                  27
2/22    Recreational veh/trailer in driveway              9
6       Lack of Gen Maintenance                          18
10      Lawn Height                                      32
11      Dead Trees                                        0
12      Overgrown Vegetation                              0
13      Holiday Lights                                   12
15      Building Exterior                                 0
16      Dirt Accumulation                                12
17      Attractive Nuisances                              1
18      Lean/miss fence                                   0
20/7    Unpaved parking                                   1
21      Working on vehicles                               1
23      Dogs/Cats more than 2                             0
24      Barking dogs                                      2
25      Prohibited animals                                0
26      Excess noise                                      3
27      No Home Business                                  0
28/99   Other/ comments                                   8
99      Multiple violations                             134
Total                                                   

The Administrator noted that 25 cases were referred to the attorney since the last board meeting.

6.0 ZONING AND VARIANCE ISSUES

6.1 Hearing Dispositions

(a) Revisit-17420 Via La Jolla - Stored Vehicle still in driveway after 30 days.Refer to attorney for non-compliance.

(b) 15967 Paseo Largavista - Trailer stored in driveway. Violation cleared. Close case.

(c) 15976 Via Alamitos - Lack of General Maintenance. Owner given 30 days to paint garage and submit plans. Debris has been cleared.

(d) 15934 Via Arroyo - Lack of General Maintenance. Owner given 10 days to clear all violations, including the condition of backyard. Owner also referred to attorney. Stored vehicle has been removed.

(e) 17641 Via Arriba - Lack of General Maintenance. Fine and refer to attorney.

(f) 15880 Via Alamitos - Lack of General Maintenance. Violation cleared.

(g) 15800 Via Del Sol - Inoperative/stored vehicle in driveway. Violation cleared.

(h) 1657 Via Rancho - Lack of General Maintenance; Weeds/lawn tall in front yard and garden. Lawn mowed but weeds still high in the garden area. Administrator to contact owner.

(i) 1618 Via Lacqua - Inoperative/stored vehicle in driveway. Violation cleared.

(j) 15968 Via Paro - Lack of General Maintenance; Inoperative vehicle and debris stored in driveway. Violation cleared.

(k) 17338 Via San Ardo - Lack of General Maintenance; Cars stored in driveway, unpaved parking, noise disturbance. Owner given 45 days to comply and will be referred to county for roof repair/home repair.

6.2 Variances/Approved, Disapproved or Continued at Work Session

A) 15724 Via Sonata - Review tables at residence and condition of yard. Administrator to talk with owner to try and resolve issues.

B) 1706 Via Redondo - Shed in back yard that looks like an outhouse to replace an existing shed. Approved.

C) 1842 Bandoni - Second Story Addition. Approved with modifications.

D) 17356 Via Alamitos - Second story addition. Approved.

E) 18768 Times Ave - Room Addition. Denied until owner clarifies plans.

F) 1771 Bockman Rd - Property line fence starting at 6 ft then dropping to 4 ft with 7 ft setback. Need more information from owner to approve.

G) 16098 Via Alamitos - Plans reviewed. Plans approved as submitted; owner rebuilding on existing foundation.

H) 16075 Via Toledo - Property line fence 3 ft in height with 6 ft setback from road. Approved.

I) 15756 Paseo Del Campo - Bathroom Addition with a garage converstion. Conversion denied, bathroom addition approved.

J) 1715 Via Lucas - Back yard shed to replace existing with an inch setback from fence line; total shed 5X12 with a peak no more than 9 ft. Approved.

Director Sherman made a motion to approve the Hearing and Variance decisions. Director Ledesma seconded, the motion carries uanimously.

7.0 ADMINISTRATOR'S REPORT

7.1 Informational Items -- The Administrator had nothing to report.

8.0 OTHER BUSINESS

8.1 Alameda County Planning Staff: Housing Element, Reasonable accomodations, Catering vehicles, and definition of restaurants (set timed agenda item at 8 pm - See above*)

8.2 Report of Bockman Housing Development -- The Administrator said that there were over 300 people who came to the meeting for the proposed development on Bockman. Only 30 people spoke. What many people said who spoke was that they did not want residential in this area, but rather wanted to see the businesses remain in the area. She noted that it is very difficult for any developer to support a project with only businesses.

The Administrator noted that many residents who did speak were angry and may have intimidated the over 270 people who did not voice their opinion. The office has heard from many residents who want to see residential units in that area with possibly one market or coffee shop. She recommended that the Board initiate a survey for the area to find out what all the affected residents really want for the shopping centers. The survey should include two or three options. It is unclear as to whether the developer is willing to do this. However, it is important that the Board get a clear view of whether the residents want housing, businesses, or a bit of both for that area.

Resident Howard Beckman stated that this issue goes to the sustainability of the community. He said that the residents and the board need to think about the future of this community and whether we can sustain any future community. He noted that it takes the leadership in the community to bring residents and developers along in an imaginative way so they come to an understanding of community needs. Beckman did not want to see the San Lorenzo Village Homeowners Board to be the only voice in the community. He said that more than three years ago he had contacted the owners of both sides of that shopping center. The Chang family was the only owner who responded to his call. They made it clear that they wanted to invest in housing and had no desire to upgrade the area, but were waiting to "cash out". Beckman said that he does not care what the property owner, the developer, or the residents "want" for the area. He is more concerned with what the community needs in order to sustain it in the future. He said it is not a good enough reason to support a developers idea because it will make a "blighted" area look more "pretty". The real question is whether this development will meet community needs.

The Administrator stated that she agrees with much of what Beckman had said, however, if commercial development remains in this area it may be difficult to support. The shopping center is surrounded by single family homes and out of the way of any other business areas. If the commercial cannot be supported by the residents in that area, then it will fail.

Beckman said that this is why the community must make it possible to do something for economic development. This is a big issue and there is much to explored about it. In twenty years, when gas prices make it prohibitive to go to Castro Valley for a good cup of coffee, we are going to need businesses within our community to sustain our needs. The Administrator agreed that the community needs to get information for economic development and dispense this information to the public to see how to sustain businesses.

The Board consensus was to get the information to the residents in the area via a questionnaire to see what the residents in the area want with respect to residential units vs. businesses.

8.3 Medical Marijuana clinics -- The Administrator said that there is another ordinance in the review process that deals with the medical marijuana clinics in the unincorporated area. This item goes to the Planning Commission on May 9, 2005. The Board had discussed this earlier and did not want to make a motion but rather a consensus on what direction the Board would like to see the county take on this issue.

The Manager of the Clinic at 15998 E 14th said that they had complaints of loitering and other problems that were brought to light at the unincorporated meeting last month. They have worked with the businesses near their clinic and the sheriff's department to try and mitigate these concerns. Several individuals were here to speak on the clinics behalf, but had to leave because of the late hour. He said that they are doing their best to work with the community. He noted that Oakland limited the clinics in their area and now does not have enough to meet the needs of its surrounding community.

Sonara Chapman Dillon said that she is a patient of the E. 14th clinic. She stated that people like herself need to feel safe to park and get the medication needed for her illness. The E. 14th clinic has 15 to 20 thousand patients. If that facility closes, where will all the patients go? She noted that there would be more drug dealers on the streets trying to push the drug. Patients like herself need a safe place to purchase their medication.

Marcus Graves spoke on behalf of cannabis clubs. He lives on Durant in San Leandro and uses marijuana to relieve the pain associated with glaucoma. If the dispensary on E. 14th was closed, he does not know where he would go. He feels safe using the clinic near his neighborhood. It is clean and the people who run it are professional and courteous. The clinic provides a drug which helps him cope with his ongoing chronic condition.

Resident Frank Mitchell, said he is in favor of the cannabis clubs. He would like to see the control of marijuana growing and selling be stated in the ordinance. Mitchell said that the community needs accessible clinics based on population and that clinics should be spread out through a wider area. Thorough background checks should be done to all owners and users of these clinics.

Director Ready thanked the people who spoke and said that is obvious that the people who need the drug get the help they need in a safe, clean environment. She was concerned about those who are using the clinics under false pretenses and wants more regulations to be imposed on owners and clients of these clinics.

Director Ledesma thanked the speakers. He stated that he hoped that each of these clinics has adequate handicap parking.

Director Ledesma made a recommendation to allow for a maximum of three (3) cannabis clubs in the unincorporated area. The location of each of these clinics be based on residents per capita. The clinics to remain would be based upon an investigation of the existing clinics and their recommendations would reflect the findings of those investigations. The Board supported this recommendation unanimously.

Resident Betty Krauhn stated that regulations need to be implemented not only on the clinics but on the doctors who are giving out these medical marijuana cards. They are often the problem with the population who is abusing the clinics.

Resident Dorothy Partridge was concerned with the location of the clinics. She noted that the San Lorenzo School District has a disproportionate amount of clinics in its area, while some other districts have none. Each city and community should share the amount of clinics it its populations equally.

8.4 Approval of Budget FY 05-06 -- The Administrator reported that there was less than a 1% increase this year. She had one (1) person come in with questions regarding the budget. She recommended approval by the board.

Resident Howard Beckman asked that the Board return to the former policy in having the budget reviewed at two (2) board meetings. The Administrator noted that the draft budget was sent out after the last meeting to all our homeowners, so they could reviewed it prior to tonight's meeting. A motion is made by Director Sheridan to approve the 05/06 budget as sent out in the newsletter. Director Pebelier seconded, the motion carries unanimously.

9.0 PUBLIC COMMENT -- No comments.

10.0 COMMITTEE REPORTS

10.1 Airport Committees -- Ernie Delligatti will report next month.

10.2 EBMUD Committee -- Director Ledesma reported that at the meeting the night before there was a strong gathering from the residents of Heron Bay. The questions they brought forth is that more is needed to know about the subsidence and the cross contamination of the drinking water, which could pose a daily problem for residents in and around the area.

The Administrator noted that some of these concerns are very legitimate and suggested that resident John Partridge, resident, Jack Mc Kinnon and Director Ledesma (who have all been part of this process) get together on this issue and draft a letter to EBMUD outlining the concerns of cross- contamination and subsidence on behalf of the San Lorenzo Village Board of Directors.

Director Sherman made a motion for Partridge, McKinnon and Ledesma to draft a letter outlining the Board's concerns about subsidence and cross-contamination with this project. Director Pebelier makes a second. The motion carries, unanimously.

11.0 COMMENTS FROM THE BOARD MEMBERS -- The Directors thanked all those residents who came and those who stayed until the end of the meeting.

12.0 ADJOURNMENT -- Director Ready adjourned the meeting at 10:44 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