Reposted by San Lorenzo Express


MINUTES

SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1177
ANNUAL MEMBERSHIP MEETING

June 19, 2008


1.1 CALL TO ORDER -- The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, June 19, 2008. Vice President Kathy Martins called the meeting to order at 7:31 pm.

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

1.3 ROLL CALL -- Directors Margaret Wright, Kathy Martins and Pat Pebelier were all present, Director Mel Medeiros and President Wulf Bieschke were absent.

2.O MINUTES FROM THE PREVIOUS MEETING -- Approval of Minutes of Meeting No. 1171 from April 17, 2008, and Meeting No. 1174 from May 15, 2008 and Work Sessons #1175 on May 21, 2008, and No. #1176 from June 16, 2008. Director Pebelier makes a motion to approve these minutes, 'Director Wright seconds, the motion carries unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 CHP - Officer Tuazon Reported on the following statistics for the past month:

CHP Statistics for May 2008

                                             Total for
Infraction               San Lorenzo      Unincorp. area
Collisions                       15                109
Tickets                          73                615
Parking Tickets                                 
Storage/Impounds                                      
Reported Stolen                   1                 12
Stolen Recoveries                 0                 85
Traffic Complaints                                
Parking Complaints                                
DUI Arrests                                      
Total warnings for Castro Valley Command:                                                      

Tuazon reported on the cell phone law that will be implemented on July 1, 2008. Motorists will be given tickets if using a cell phone in their vehicle. There will be no warnings given due to the fact that the public has had six months to prepare itself for the implementation of this law. Director Wright asked if with CHP enforcement will be increased. Tuazon noted yes.

3.2 Alameda County Sheriffs Department -- Deputy Fox reported for Deputy Liskey who was on a special assignment. Fox reported that May 25, 2008 was National Missing Children's Day and his department fingerprinted over 150 children. The Cop Shop's annual Flea Market made over $3,000 and was very successful.

On June 5, 2008, his department worked with the health department on targeting bars where the clientele was smoking within 15 feet of the door entrance. They gave tickets to those who were in violation of the new law. They have also been very successful in their sting operations against Johns who are soliciting prostitutes on line through Craigs List.

The sheriffs just concluded a three month long investigation on the Acorn Gang, which is a large gang based in the Oakland area. They recently raided the house where the gang was located and arrested the gang leader and recovered many guns and high powered weapons.

Resident Steve Daly asked if the sheriffs arrested the kids he caught tagging a mail box in the area. Fox did not have that information and stated that he should follow up with Deputy Liskey next month.

Resident Keith Barros asked what citations are in place for the strawberry and other street vendors. Fox noted that citations are in place, it is a matter of enforcing them. Fox explained that citations can be issued if a vendor is selling without a peddlers' permit. If the vendor does not have a valid ID then they can be taken to Santa Rita. In each case the items being sold are confiscated and destroyed when they are perishable.

3.3 Supervisor Lai-Bitker -- Kevin Dowling reported that the San Lorenzo BMX track will go before the Hayward Area Recreational District board next Monday and then it will go to the San Lorenzo School Board for final approval. Lai-Bitkers office will be co-sponsoring a heart healthy event with Eden Hospital on July 2, 2008.

Dowling noted that this would be his last meeting. He stated that he enjoyed working with the community and the San Lorenzo Homes Association Board and staff. He will now be working with the San Leandro boys and girls club.

Director Martins thanked Dowling for all his work.

Resident Kathie Ready asked Dowling what the status of the fines that were going to be imposed on Tom Clements for cutting down the redwood trees at the entrance of Via Alamitos and Grant Ave. Dowling stated that they are waiting for Clements to respond and if he does not they were going to get a recommendation from county counsel on how to proceed.

3.4 Zoning Enforcement Report (See Attachment A).

3.5 Public Comment - Items Not on the Agenda -- John Samples, via Escondido: John Samples was concerned about the fees noted in the budget about the repairs to the kitchen in the community hall. He said that he believed that this type of work needs to have a vote because of the following: In May/June addition of the Newsletter it was indicated that the budget expenses were $693,468. The list for the upgrade to a commercial kitchen expenses $45.000. In accordance with the act, now 5% of the budget expenses is $34,673.40, The $45K far exceeds this 5% amount , and that the act specifically states that whenever you do this kind of work, if it exceeds 5% you must have an approval of the entire Association. He stated that this is an additional $20,000, which has not been budgeted yet, and brings the total amount for the commercial upgrade to $65, 000, which doubles the 5%. Further, he does not consider this a special assessment item since much of the work is day to day maintenance, and improvement of facilities." He stated that he has checked with legal counsel and contractors, re-modernization of a kitchen is not day-to-day maintenance. His understanding is that this expenditure is not banded by law or safety requirements, but a recommendation as stated in the past at homeowners meetings and discussions.

He read part of the Administrators letter that responded to this issue: "In fact the expenditure that will be made have been mandated by the Alameda County Environmental Health Agency. As stated at the Association meeting, I am not sure that I personally agree that we should be considered in the same class as a commercial kitchen, however, I was unsuccessful in changing our status after discussing this concern with several county officials."

His main concerns were number one: When you split it over two years, that what you are doing is avoiding the 5% issue by splitting the contract This was not put out for a vote for the whole Association as he believed it should have been. He stated that he understood getting an estimate, because you have to start some place. But before you go ahead and state that our assessments are being raised based on that fact, we need to first get it approved by the members. This is especially prudent given the figures for the work being done. They far exceed the 5%. He was told that this was a "blatant attempt" to split the contract, especially given the fact that the $20,000 for the hood was never cited in the original budget.

His second concern is that the Association could be held liable, because it is a commercial kitchen, if it is rented out, and we do not give the proper instructions. He wanted to know if anyone on staff that has completed a "safe-serve" examination to ensure that we at least maintain the high quality standards that are required for a commercial establishment?

Mr. Samples also gave a list of houses that he said are in violation on his street: 1612 Via Escondido, car parts and jacks; 1569 Escondido-the contractors have stopped working and there is a huge pile of dirt in the driveway; 1541 Via Escondido-Trailers on lawn, sign and lawn needs maintenance.

Resident Mark Winshel spoke against the medical marijuana clinics that are doing business in the unincorporated area of Ashland, Cherryland and San Lorenzo

4.0 FINANCIAL REPORT

4.1 Approval of May 2008 Expenditures and discussion of significant variances -- The Administrator reported that there were no significant variances.

Director Wright makes a motion to accept the financial report, Director Pebelier seconds, the motion carries unanimously.

5.0 ADMINISTRATOR'S REPORT

5.1 Informational Items -- The Administrator reported that a letter was sent to the Board of Supervisors regarding the medical marijuana clinics in the unincorporated areas. The item has been scheduled on their agenda for July. The county wanted its attorneys to review some issues prior to discussing it. The Association has a petition for residents to sign in its office.

6.0 OTHER BUSINESS (MOTIONS MAY BE REQUIRED)

6.1 Code of Conduct for Board Meetings -- The Administrator handed out a memo to the members of the San Lorenzo village Homes Association regarding member's code of conduct for Association meetings. Director Martins indicated the Board reviewed and approved this code at their work session and plan to conduct the meetings accordingly (See Attachment B).

7.0 COMMITTEE REPORTS

7.1 H.A.R.D. Advisory Committee meeting -- The Administrator noted that the committee will be adding two additional members in January, 2009. Director Medeiros has been attending the meetings and will report on this at the next board meeting in July.

8.0 LIENS AND VIOLATIONS REPORTS -- There have been no liens released since the last board meeting.

May 2008 Violation Report

Number  Violation                              No. of Letters

1/19    Inoperable Vehicles in driveway              13
2/22    Recreational veh/trailer in driveway          7
6       Lack of General Maintenance                  11
10      Lawn Height                                  30
11      Dead Trees                                    0
12      Overgrown Vegetation                          0
13      Holiday Lights                               12
14      No signs                                      0
15      Building Exterior                             7
16      Dirt Accumulation                             0
17      Attractive Nuisances                          0
18      Lean/miss fence                               0
20/7    Unpaved parking                               1
21      Working on vehicles                           0
23      Dogs/Cats more than 2                         3
24      Barking dogs                                  0
25      Prohibited animals                            0
26      Excess noise                                  0
27      No Home Business                              5
28/99   Other/ comments                              18
99      Multiple violations                           1

Total                                               115

The Administrator stated that the board had initiated a new fine policy in January 2008 and the Association has now hired a new collection agency starting in July to deal with these fines and collect them. This will help with those residences which are in violation of the CC&Rs and it will be our very last resort in trying to get them into compliance.

Director Pebelier makes a motion to approve the Liens and Violation report, Director Wright seconds, the motion carries unanimously.

9.0 HEARINGS AND VARIANCE ISSUES

9.1 Hearings

HEARINGS FROM MAY 21, 2008

1. 16147 Via Segundo -- Inoperative Vehicles. Fine, and revisit in 30 days.
2. 16100 Hesperian -- Lawn height. Fine and revisit in 30 days.
3. 537 Via Pacheco -- Lawn height. Violation cleared, close.
4. 15760 Via Lunado -- Lawn height and paint around windows. Lawn fine, paint still does not look good, owner to have professional complete within 60 days-recheck at that time.
5. 540 Via Pacheco -- Multiple/Lack of Gen. maint. Violations cleared, close, but ask owner to please water lawn.
6. 16089 Via Alamitos -- Multiple/Lack of Gen. maint. All violations clear, closing.
7. 16122 Via Alamitos -- Multiple/Lack of Gen. maint. All violations clear, closing.
8. 16106 Via Alamitos -- Multiple/Lack of Gen.maint. Revisit in 30 days and fine if violations still exist.
9. 15817 Via Alamitos -- Inop. vehicle. Gone, closing.
10. 993 Via Manzanas -- Lawn height. Lawn cut, closing.
11. 935 Bockman Rd -- Lawn height. Mowed, closing.
12. 17014 Via Perdido -- Lawn height and multiple lack of gen. maint. Fine and revisit in 30 days.
13. 17010 Via Perdido -- Lawn height. Fine and revisit in 30 days.
14. 17032 Via Pasatiempo -- Fine and revisit in 30 days.
15. 17068 Via Pasatiempo -- Lawn height. Lawn mowed, close.
16. 17012 Via Media -- Lawn height. Recheck in 30 days and fine if no improvement.
17. 17498 Via Arriba -- Lawn height. Owner came in and board gave 30 days to bring into compliance, recheck in 30 days.
18. 655 Via Aires -- Trailers stored in driveway. Gave tenant 30 days to get storage for boat will recheck in 60 days.
19. 17641 Via Arriba -- Fine and recheck in 30 days.
20. 1069 Via Coralla -- Gen. Maint. of property. Owner to paint around garage door within 60 days.
21. 17270 Via Alamitos -- Multiple/lack of gen. maint. All violations cleared, close.
22. 17286 Via Alamitos -- Lawn height. Lawn mowed, close.
23. 17263 Via La Jolla -- Multiple/lack of gen. Maint. Owner working to bring into compliance; gave him 60 days, recheck in 60 days.
24. 16014 Via Toledo -- Unpaved parking/inop. Violation cleared, closed.
25. 17676 Via Valencia -- Trailer stored in driveway. Fine and recheck in 30 days.
26. 17148 Via Arroyo -- Multiple lack of gen. maint. Fine and recheck again in 30 days.
27. 171 Paseo Grande -- Lawn height. Fine and recheck in 30 days.
28. 1335 Via Coralla -- Inop vehicle. Revisit in 30 days.
29. 17329 Via Chiquita -- Multiple/Lack of Gen. Maint. Fine and recheck in 30 days.
30. 17263 Via Chiquita -- Lawn height. Owner relandscaping to be done by next month, recheck in 30 days.
31. 1639 Via Escondido -- Recreational vehicle in driveway. Owner to remove in 5 days, check and close or revisit.
32. 1733 Via Escondido -- Inop vehicles. Gone, closing.
33. 1568 Via Lucas -- Side/back access chain link fence. Owner to put in slats by July, recheck in 60 days.
34. 1518 Via Rancho -- Lawn height. Mowed, close.
35. 16029 Via Walter -- Attractive nuisance. All violations cleared, closing.
36. 1933 Via Amigos -- Trailer stored in driveway. Gone now, but remind owner to mow lawn on a more timely basis.
37. 1497 Via Manzanas -- Lawn height. Lawn mowed, closing.

HEARINGS FROM JUNE 19, 2008

1. 15901 Via Descanso -- Multiple violations. Unapproved carport has been removed, still items in driveway, will ask to remove all debris and recheck in 30 days.
2. 16147 Via Segundo -- Inoperative veh. Owner contacted Association; giving him 60 days to remove all vehicles, recheck in 60 days.
3. 16188 Hesperian -- Yard maintenance. Lawn cut, closing.
4. 15750 Paseo Largavista -- Multiple violations. Fine and recheck in 30 days.
5. 537 Paseo Del Rio -- Multiple violations. Giving owner 60 days to finish landscape/clear all violations; recheck in 60 days.
6. 591 Paseo Del Rio -- Building maintenance. Unapproved fencing removed, closing.
7. 574 Paseo Del Rio -- Multiple violations. Revisit in 30 days.
8. 15733 Via Corta -- Multiple violations.
9. 15946 Via Del Sol -- Inop/stored vehicle. Clear all violations in 30 days or will fine.
10. 15861 Paseo Largavista -- Multiple violations. Fine and revisit in 30 days.
11. 16011 Via Conejo -- Multiple violations. Fine and revisit in 30 days.
12. 16062 Via Media -- Yard Maintenance. Fine again and revisit in 30 days.
13. 16129 Via Paro -- Inop/multiple violations. All violations cleared, close.
14. 944 Via Mariposa -- Holiday lights. Gone, close.
15. 16106 Via Alamitos -- Multiple violations. Clean, close.
16. 941 Via Mariposa -- Holiday lights. Gone, close.
17. 827 Via Manzanas -- Trailer in driveway. Gone, close.
18. 17014 Via Perdido -- Yard Maintenance, cars still on lawn, lawn not maintained. Fine and revisit in 30 days.
19. 17020 Via Perdido -- Yard Maintenance. Fine and revisit in 30 days.
20. 17032 Via Pasatiempo -- Multiple violations. Owner trying to bring into compliance, recheck in 30 days.
21. 17012 Via Media -- Yard Maintenance. Fine and revisit in 30 days.
22. 17498 Via Arriba -- Yard Maintenance. Cleared, close.
23. 641 Via Aires -- Inoperable vehicles. Giving owner 30 days to fix vehicle, recheck in 30 days.
24. 17641 Via Arriba -- Lack of General Maintenance. Revisit in 30 days.
25. 17676 Via Valencia -- Trailer. Removed, closing.
26. 17367 Via Arroyo -- Lack of general maintenance. Revisit in 30 days.
27. 17201 Via Arroyo -- Yard Maintenance. Fine and revisit in 30 days.
28. 171 Paseo Grande -- Yard Maintenance. Fine and revisit in 30 days.
29. 1335 Via Coralla -- Inoperative vehicle in driveway. Gone, close.
30. 17329 Via Chiquita -- Multiple violations. Refine and revisit in 30 days.
31. 17263 Via Chiquita -- Yard maintenance. Owner to complete in 30 days, recheck in 30 days.
32. 17401 Via La Jolla -- Multiple violations. Recheck in 30 days.
33. 17248 Via Melina -- Multiple violations. Clean, close.
34. 18351 Via Arriba -- Multiple violations. Revisit in 30 days.
35. 1555 Via Escondido -- Multiple violations. Clean, close.
36. 1626 Via Escondido -- Multiple violations. Clean, close.
37. 1844 Via Toyon -- Landscaping. Owner to complete in 30 days and to clear other violations by then; revisit 30 days.
38. 16191 Channel -- Yard Maintenance. Clean, close.
39. 2069 Via Rancho -- Yard Maintenance. Clean, close.
40. 1997 Via Lacqua -- Multiple violations. Fine, refer to county and revisit in 30 days.
41. 16027 Via Catherine -- Multiple violations. Revisit in 30 days.
42. 17114 Via Chiquita -- Yard Maintenance. Clean, close.
43. 1119 Bockman -- Yard Maintenance. Clean, close.

9.2 Variances

1.18737 Times Ave -- Board to review backyard where owner has been running ATVs. Continued until July 2008.
2. 16172 Via Harriet -- Fanciers permit for three dogs(small poodles). Approved.

Director Pebelier made a motion to approve the Hearings and Variances for 5/21/08 and 6/19/08, Director Wright seconds. The Motion carries unanimously.

11.0 PUBLIC COMMENT -- Resident Keith Barros stated that the "Code of Conduct" for members at the Association meetings should be placed in the next Association newsletter.

Mr. Samples asked who is responsible for responding to homeowners on issues. It was noted that the Administrator is the person who responds on behalf of the board on Association business or questions at the direction of the Board.

12.0 COMMENTS FROM BOARD MEMBERS -- Director Martins noted that the Board of Zoning Adjustments (BZA), revoked the permit for the Indoor Basketball business due to the fact that he changed it into an indoor skate park without the county's permission. This violated his business permit. He has now relocated as just a skate shop at Channel and Via Lacqua.

Pat Pebelier stated that this is the last year for the Team Up grant which will have served over 1000 children in the San Lorenzo area, mostly in the Ashland area. Edendale currently has 60 children enrolled in the program.

The Board thanked everyone for coming.

12.0 ADJOURNMENT -- President Martins adjourned the meeting 8:58 PM.

RESPECTFULLY Submitted,


Pat Pebelier
Secretary-Treasurer

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