Reposted by San Lorenzo Express


MINUTES

SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1171
ANNUAL MEMBERSHIP MEETING

April 17, 2008


The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, April 17, 2008.

1.1 CALL TO ORDER -- President Wulf Bieschke called the meeting to order at 7:38 pm.

1.2 SALUTE TO THE FLAG -- President Bieschke led the Board and the audience in the pledge of allegiance.

1.3 ROLL CALL -- Directors Wulf Bieschke, Kathy Martins and Mel Medeiros were present Director Pat Pebelier were absent, Director Margaret Wright would be late to the meeting.

2.O MINUTES FROM THE PREVIOUS MEETING -- Approval of meeting number 1170 and Work session notes from meeting number 1169.

Director Martins makes a motion to approve the minutes from Board meeting 1170 and Work Session noted from meeting number 1169. Director Medeiros seconds. The motion carries unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 CHP Report -- Officer Rob Tuazon was unable to be present, but left the following statistics. See Attachment A.

3.2 Alameda County Sheriff's Dept. -- Deputy Liskey reported the statistics for crime in the area for the past month : See Attachment B.

Liskey reported that there was a shooting on Via Segundo between two vehicles earlier in the month. No one was injured, and no residence was hit. He encouraged people to secure their individual residences, especially in the summer months, when more homes are left unsecured due to the hot weather. Criminals are looking for crimes of opportunity, windows being left open, doors being left unsecured. Liskey reminded residents to report any suspicious activity in their neighborhoods to the sheriffs department.

Deputy Liskey stated that the vehicle thefts were leveling out. However, they are still occurring in the area and residents need to be aware. He said that stolen vehicles are on the rise everywhere, and San Lorenzo does have a high amount for such a small community.

Medeiros asked was being done with 16122 Via Alamitos, he noted that the house has been vacant for a while, but knew of the sheriffs being present at that house in the past. Deputy Liskey reported that the Alameda County coroner's office has a hold on that house and if any resident sees anyone at that property they should contact his office immediately. There should be no one in that residence.

Director Medeiros said that he had spoken to a resident who stated that the parking fines were too high at $60 each. It was questioned who sets the fines. Liskey noted that the county did a survey of surrounding cities and counties and found that what Alameda county was charging was well below other surrounding areas, this fueled the increase.

A resident asked why the fines don't go towards putting signs in other areas. Deputy Liskey said that he did not know the answer, but would check into it.

3.3 Supervisor Lai Bitker -- Staff member Kevin Dowling, reported that Supervisor Lai-Bitker is sponsoring a foreclosure event with the Housing and Economic Rights Advocates (HERA) on Saturday, April 26, 2008 from 9 am to 12 pm.

Hayward Area Recreational District (HARD), is also sponsoring an event called "Recreation for Life" on May 10, 2008. This event helps families get "off the couch and into the parks". All residents are invited to attend.

Director Bieschke said that he appreciated the information that the Association received from Lai-Bitker's office regarding the slurry seal project going on in San Lorenzo.

Director Martins stated that the construction crew working on the slurry seal could not get into her court, because of the size of their equipment. They have not come back since that time. Kevin Dowling said that he would double check what the status of the construction was in that area with public works and let her know.

Director Wright entered the board meeting at 8:05 p.m.

3.4 Zoning Enforcement Report -- See Attachment C for monthly report.

3.5 Public Comment -- Resident Mark Winschel was concerned about the recent ballot he received from the Association and the county vector control sent out in the mail. He stated that he thought ballots should be private and not contain personal information.

The Administrator said that the Alameda County Vector Control has been sending the same ballots to residents for years. The Association ballots were sent out asking for owner's information due to the fact that it wanted to prevent homeowners from voting more than twice on the issue.

4.0 FINANCIAL REPORT

4.1 Approval of March 2008 expenditures, including payroll, and discussion of significant variances -- Director Martins makes a motion to approve the financial report including payroll, Director Wright seconds, the motion is approved unanimously.

5.0 ADMINISTRATOR'S REPORT

Informational Items -- The Administrator reported that she had no informational items to report. She asked that the board consider moving the item related to the budget up on the agenda since some residents had asked that it be heard first due to time.

The consensus of the Board was to move item 6.3 Discussion of proposed Budget for 2008/09 as the first item under "6.0 Other Business".

6.0 OTHER BUSINESS (Motion may be required)

6.3 Adoption of Budget for 2008/09 (See Attachment D)

President Bieschke stated that Assessments are increasing $10.00 due to costs increasing for the Association. The hall kitchen needs to be upgraded to a commercial kitchen by Alameda County building and code standards. This will deplete much of the reserves if the assessment is not increased. Title fees have gone down because of the reduction in home sales. He opened the floor to questions.

Resident Howard Beckman stated that the budget did not come out until after the last meeting. He stated that this ought to be a preliminary budget and should be discussed and passed as a final budget at the next meeting. Beckman also wanted to know what the other management fees were for. The Administrator stated that we manage another Homes Association, Heritage of San Lorenzo on George, Devonwood Way and Neilson St. The Association took over the management for the other association who were derelict in their duties. The residents there pay the San Lorenzo Village yearly fee, and an additional assessment to maintain the grounds, etc in their development.

Beckman asked if the employee insurance expense was for medical insurance for the staff and the Administrator said it was for staff and included medical, dental and life insurance. Beckman stated that he wanted to know what "director insurance" provides because he was not clear this item related to. The Administrator noted that she would get him that information. Beckman went over the history of increases in the budget which have gone on since 1997, he suggested that the Association consider a special "one-time" assessment, instead of constantly increasing the amount.

The Administrator noted that the Association has always presented a draft budget at its March Association meeting. After it is presented, the Association publishes it in the March/April newsletter. This has been the procedure for years. This year she received one call and one email about the budget after is was published. Members had at least two weeks to discuss the budget with staff. The Administrator also noted that a one-time "special assessment" is not fair to those members who are only here for a short period of time. Having money in the reserves on an ongoing basis helps the Association to deal with emergencies on an ongoing basis, and makes it fiscally responsible and financially sound.

Barros was not overly concerned with the increase because he thinks for the money that we have spent on the assessment is valid and has kept our community looking good. He asked residents to look at any other housing tract that is over 20 years old and you will see a huge difference in the way our community looks compared to theirs. He attributed the Association and its rules for the difference. Barros stated that $100 per year is a little over $8 a month, that is a small price to pay to have a nice community to live and work in.

Director Martins noted that the cost of living for the country is 3.1%, the cost of living increase for the Bay Area is at 5.4%. She pointed out that the Association's assessment increase is in line with these increases. She noted that not having a reserve budget would be fiscally inappropriate and she feels that the increase is needed with the increases in costs outlined and the need to a reserve account.

Resident John Samples from Via Escondido stated that he sent in an email and was concerned about the CC&Rs and the enforcement on his street. He was against the increase because he felt that the Association was not enforcing the CC&Rs and as a newly retired resident, felt that many people could not afford another increase in costs.

Director Medeiros stated that he was against the increase, because he felt that so many residents are struggling right now. People are losing their homes, foreclosures are on the rise. He felt that the money needed for the proposed increases could be taken from the reserve account this year and next year the board could review the budget and the reserve to see if an increase was needed.

Director Martins made a motion to approve the proposed budget for the San Lorenzo Village Association for the 2008/2009 fiscal year, Director Wright seconded the motion carried as follows: Ayes - Bieschke, Wright, Martins; Noes - Medeiros.

6.1 Results of EALI Community "Charette" -- The Administrator reported on the EALI Community Charrete. The Committee was trying to get the top five (5) issues of importance for the unincorporated area.

The community did vote to change the planning commission representation, so that it reflected more unincorporated people on its commission. It is recommended that four members would represent the unincorporated area out of the seven (7).

Supervisor Miley's office is pushing for Super- Municipal Advisory Councils (MACs) instead of the change of membership on the commissions. The Association Board of Directors has voiced its opinion against these types of MACs as have many activists in San Lorenzo. The Administrator stated that she would review the Ordinance that created the Castro Valley MAC and report back to the board.

Government Accountability made it into the top five. The committee asked that the Board of Supervisor (BOS) meetings be televised as well as other county and community meetings. When items concerned just the unincorporated area, they suggested that the meetings discussing these items be held in Hayward at the county building so that they are more accessible to the residents they affect. Part of the Government accountability would require the BOS to explain and make public its reasoning whenever it overturns recommendations from community organizations such as the Castro Valley MAC, the San Lorenzo Village Homes Association or the Planning Commission.

There was also a suggestion of having a community manager. This came in seventh in the votes from the community. The idea of this was to have a manager who would oversee and attend all the MACs and Association meetings in Castro Valley, Ashland, Cherryland, San Lorenzo and surrounding unincorporated areas. This would hopefully facilitate more communication between all unincorporated communities.

The San Lorenzo Library was voted high on the list of importance.

The Administrator noted that all of these will be discussed and dealt with in the new Leadership Committee in July that President Bieschke, Director Martins and the Administrator would be involved in.

President Bieschke said that he is very concerned about staff from Supervisor Miley's office pushing Super MACs and noted that he would be keeping tabs on where this is going.

Beckman stated that individual supervisors have unconstrained power to act. He is for sustainability but not in favor of the process that is being used. He said that Supervisor Miley can, under state law, create his own Municipal Advisory Council (MAC), without any community input. If he does decide to create a MAC for Ashland and Cherryland this will further polarize our unincorporated communities. Beckman noted that he had tried to steer people away from the EALI committee because he thought that Supervisor Miley had his own agenda that he would follow regardless of what the community wanted. He wished that the community would not support this committee further because he feels that it will end up being a huge disappointment to us all.

Resident Keith Barros felt that San Lorenzo was victorious in fighting against Supervisor Miley's agenda with its input and votes at the charette. He stated that he will continue to attend the meetings and will be a community watchdog at each meeting. He said that if Supervisor Miley does create a MAC regardless of community input, he would hope his proposal could be overturned.

6.2 Relocation of the Village Realtors War Memorial to Association Property -- President Bieschke said that Jose Diaz's business no longer operates out of the Village Realtors. The owner of the property, Tom Clements, has boarded up the house and is putting a fence around it. He has stated that he is coming back to the area as a realtor, and currently has a sign advertising that he will return. The war memorial was to be put in storage , however it was proposed that it be relocated. Staff from the Association had suggested that it be moved to the Homes Association property. Tom Clements has offered to pay for the move and a new flag pole for the Association. The board has discussed the idea of developing a committee to discuss this issue. Proposed members for the committee are Mel Medeiros, Pat Pebelier, Margaret Wright and possibly San Lorenzo historian Doris Marciel.

The question of cost was discussed. The committee would discuss the issue and the design and come up with an amount.

Director Martins made a motion to form a committee to discuss moving the War Memorial currently at the Heidi House to the Homes Association property, Director Medeiros seconded, the motion carried unanimously.

6.3 FEMA flood zone meeting summary -- The Administrator said that a representative from FEMA was at the meeting with maps of the flood zone area. The majority of the people there were skeptical about the reasoning FEMA was upgrading the flood zone in the area. Many thought that because of hurricanes like Katrina and Rita, they were losing money and were trying to find ways to recoup what they hade lost. The information about the flood insurance was confusing. The amount it would cost a homeowner and whether it could be raised in the future by a vote of Congress were many of the issues that needed clarification.

Kevin Dowling stated that his office has a very large map that shows the area FEMA has included in the new flood zone. There will be a meeting at 399 Elmhurst 6-8 pm 4/22/08.

Beckman stated that if people are interested about the flood control channel and how the creek got to be a big concrete channel, Friendsofsanlorenzocreek.org has lots of good info.

6.4 Resolution to Annex Village Walk (Bockman Rd/Via Chiquita) into the Association -- Consensus of the board moved this item up on the agenda.

President Bieschke stated that the Association has another neighborhood in its boundaries. The Village Walk townhouse complex is being built on Bockman and Via Chiquita. The Board wanted to know if residents would want to incorporate this development into its Homes Association. Ballots were sent out in the newsletter and the office received the required 10% of ballots back from homeowners.

A total of 604 ballots were received; 579 of the homeowner ballots indicated yes, to include the new development of homes in the Association, 21 ballots voted against, and 6 ballots indicating a split vote between yes and no (there were two votes per ballot).

The Administrator stated that per the by-laws, ten-percent of the homeowners are needed to vote in order to approve the new addition. The office got the required 10%, with a majority of those wanting to add the new owners into the Association. The board had also directed the administrator to continue the vote for 24 hours if the required number of ballots were not received by the first cut off date of 4/16/08.

The Administrator noted that the office had received one letter objecting to the way in which the voting was taking place. She forwarded this letter on to the Association's attorney, who confirmed that the process that the Association was following was completely legal.

Resident Mike Ratto said that in 1946 it was the developer who gave the homeowners the right to either opt in or opt out of the Homes Association. He questioned the process and stated that he felt the Homes Association was not right in the way they were acquiring the new homeowners.

Two homeowners Lou Oreceli and Keith Barros stated that they were both encouraged that this new development would be included in the Association. They both believed this would ensure that the homes be kept up in the way other homeowners in the area are required to do.

Kevin Dowling asked if the San Lorenzo Village Association (SLVHA) would be dealing with roof and landscaping of the new development. The Administrator indicated there would be two (2) separate Associations, and the SLVHA and Village Walk. The SLVHA would deal with street sweeping and CC&R enforcement, Village Walk would deal with the grounds, fences, and other items.

Resident Mark Winshel said that he did not vote to bring the new housing in. He did not have enough information and wanted a secret ballot to ensure his anonymity.

Director Martins made the following motion: I move that it be resolved that Tract Map 7623 that is part of Village Walk and was filed in the records of Alameda County California on September 7, 2007 in Book 301 of maps at pages 24 through 27 be annexed to the Association and the the By-Laws of the San Lorenzo Village Homes Association, a California non profit corporation be amended by including this tract. Director Wright seconded, the motion carried unanimously.

7.0 COMMITTEE REPORTS

7.1 Redevelopment -- No meeting.

7.2 Library -- Director Wright said that the group spoke about renovations through redevelopment for the San Lorenzo Library. They will be discussing and investigating this further at upcoming meetings.

8.0 LIENS AND VIOLATIONS REPORTS -- No liens have been released since March 2008.

March 2008 Violation Report

Number  Violation                              No. of Letters

1/19    Inoperable Vehicles in driveway              13
2/22    Recreational veh/trailer in driveway          3
6       Lack of General Maintenance                   5
10      Lawn Height                                  12
11      Dead Trees                                    0
12      Overgrown Vegetation                          0
13      Holiday Lights                                7
14      No signs                                      0
15      Building Exterior                             2
16      Dirt Accumulation                             3
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                            1
26      Excess noise                                  0
27      No Home Business                              1
28/99   Other/ comments                              16
99      Multiple violations                          15

Total                                                84

9.0 HEARINGS AND VARIANCE ISSUES

9.1 Hearing Dispositions

1. 15901 Via Descanso -- Lack of General Maint., violation still present. Re-fine, refer back to code enforcement and revisit in 30 days.
2. 16123 Via Segundo -- Lack of General Maintenance. Violations cleared, close.
3. 16100 Hesperian Blvd -- Lack of Gen Maint. Fine and refer to code enforcement and revisit in 30 days.
4. 617 Paseo Grande -- Trailer stored in yard. Violation cleared, close.
5. 15910 Via Conejo -- Multiple Lack of Gen. Maint. House in foreclosure/auction, contact new owner/representative and refer to code enforcement, revisit if needed in 30-60 days.
6. 16126 Via Media -- Trailer stored at front of property. Violation cleared, close.
7. 16122 Via Alamitos -- Lack of gen. maint., lawn still high. Fine and check status with code enforcement, revisit if needed in 30 days.
8. 15880 Via Alamitos -- Build ext/no plans. Owner submitted plans, close.
9. 15861 Via Arroyo -- Lack of gen. maint., violations still occurring at property. Fine and refer to code, revisit if needed in 30 to 60 days.
10. 17158 Via Alamitos -- Lawn height. Yard mowed, but side of residence weeds still high. Letter to owner thanking them but addressing problem of weeds be taken care of within 30 days, revisit if needed.
11. 17003 Via Media -- Lawn height. Violation cleared, close.
12. 17012 Via Media -- Lawn height still very high. Contact agent selling property, fine and refer to code enforcement, revisit if needed in 30 days.
13. 17498 Via Arriba -- Lawn height. Most of violation cleared, still high weeds near residence asking owner to correct all violations and close or revisit in 30 days.
14. 859 Bockman Rd -- Lawn height. Violation cleared, close.
15. 17641 Via Arriba -- Lack of gen. maint., violations all present. Fine, refer to county and revisit in 30 days.
16. 998 Bockman -- Dirt accumulation. All violations cleared, close.
17. 1069 Via Coralla -- Bldg. exterior/paint needed, house still needs paint around garage area. Asking owner to fix within 30 days or will fine, revisit within 30-60 days.
18. 17270 Via Alamitos -- Multiple lack of gen. maint., all violations still occurring. Fine, refer to code and revisit within 30 days.
19. 17202 Via Del Rey -- Lack of gen. maint. All violations cleared, close.
20. 17676 Via Valencia -- Trailer stored in driveway, violation still there. Ask owner to remove within 30 days or will fine and refer to code enforcment.
21. 17148 Via Arroyo -- Multple lack of gen.maint., all violations still present. Fine owner, refer to code and revisit in 30 days.
22. 192 Via San Carlos -- Lack of gen. maint., lawn still tall and dry. Fine owner and refer to code enforcement, revisit in 30 days if needed.
23. 17657 Via Valencia -- Inoperative vehicles, owner states that all vehicles are gone now. Need to check property and close out or revisit for fine in 30 days.
24. 17268 Via Chiquita -- Multiple lack of gen. maint., all violations still exist, lawn tall fence falling down. Asking owner to contact within 30 days or will fine and refer to code enforcement.
25. 17329 Via Chiquita -- Multiple lack of gen. maint., all violations still there. Fine, refer to code enforcement and revisit in 30 days.
26. 17263 Via Chiquita -- Still no lawn. Fine and revisit in 30 days.
27. 17384 Via Chiquita -- Inoperative vehicle and pave more that 50%. County code is dealing with the pavement, need to recheck all violations in 30 days and fine if needed.
28. 17248 Via Melina -- Multiple lack of gen. maint. All violations cleared at last driveby, holding open for 60 days and will revisit if needed.
29. 17462 Via Julia -- Lawn height, violation still exists. Fine, refer to code and revisit in 30 days.
30. 17243 Via Annette -- Multiple lack of gen. maint. Violation needs to be rechecked for possible fine and code referral, recheck in 30 days.
31. 16024 Channel St -- Garage conversion. Owner has agreed to comply with all changes, has added new door, board will walk through to make sure garage has been reconverted, revisit in 30 days or close in 30 if all changes have been made.
32. 1975 Via Amigos -- Other, more than 50% cement. Fine and revisit in 30 days for additional fines.
33. 2192 Bockman Rd -- Multiple lack of gen. maint. Fine, refer to code and revisit in 30 days.
34. 1119 Bockman Rd -- Multiple lack of gen. maint. Fine, refer to code and revisit in 30 days.
35. 1063 Bockman Rd -- Lawn height, no lawn at present,just dirt. Fine refer to code and revisit in 30 days.
36. 1041 Bockman Rd. -- Lawn height. Owner called and working to get into compliance; giving him 60 days and will revisit.

Director Martins makes a motion to approve the hearing and variances as read, Director Medeiros seconds, the motion carries.

10.0 PUBLIC COMMENT

Resident Jim Sherman suggested that the board and/or the committee designated to deal with the Veterans Memorial involve the local high schools.

The Administrator noted that the San Lorenzo Little League is hosting a golf tournament on Sunday, June 1 2008. She encouraged all residents to attend.

11.0 COMMENTS FROM BOARD MEMBERS

Mel Medeiros stated that he thanks everyone for coming, he doesn't care if residents complain, he would just like more people to attend and understand what the board is doing for the community.

Director Martins would like to see more residents attend. She announced that the next "meet and greet" would be held, May 15, 2008. The first 100 residents in attendance will get free dinner. The event will be held prior to the monthly board meeting from 5:30 pm to 7:30 pm.

12.0 Adjournment -- President Bieschke adjourns the meeting at 10:10 p.m.

Respectfully Submitted,
Recorded by:


Pat PebelierSecretary-Treasurer

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