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

1.1 CALL TO ORDER - President Jim Sherman called the meeting to order at 7:37 p.m.

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

1.3 ROLL CALL - Directors Jim Sherman, Pat Pebelier, David Sloan, Kathie Ready were present Enrique Barboza was absent.

1.4 Presentation by the BCDC of Monthly Home Recognition Awards - Chair Anne Marie Mrak announced the winners of the BCDC monthly Home Recognition awards. Mr. And Mrs Ashmore of 15896 Via Alamitos were presented with the award for home of the month.

2.O MINUTES FROM THE PREVIOUS MEETING

Director Sloan moved to approve the minutes from the June 21, 2001, meeting number 1052, Director Ready seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriffs Dept. - Deputy Jukich stated that he did not have the crieme statistics for the month, but would forward them to the office once they were complete. Jukich stated that he would be introducing local patrol deputies at each of the Board meetings so residents can get to know who is out on patrol in San Lorenzo. He introduced Marion Felix who has been assigned to the San Lorenzo area for two (2) years. He is an expert in drug related crimes and is fluent in Spanish.

Sheriff Technician Terri Langdon announced that National Night Out would be celebrated at St. John's Church on Tuesday, August 7, 2001. She stated that this event is a crime prevention awareness night, hosted by the Sheriff's Department which is a partnership between neighborhoods, community members and the local police. A spaghetti dinner will be served at the event and guest speakers will speak about crime prevention. Langdon also announced that the COP Shop would also be hosting a BBQ /fund raiser on August 24, 2001 from 4-8 p.m. at the San Lorenzo Homes Association Community Hall.

Langdon stated that the Sheriff's department has been invited to speak about Bike Safety at the Bay and Grant Adventuretime Summer programs. She is still trying to encourage San Lorenzo neighborhoods to coordinate crime watch groups, but has not been successful thus far.

Resident Keith Barros stated that there is proliferation of cars being parked on private property which have "for sale" signs on them. He asked if the Department could create a letter for property owners that would be kept on file stating that this is illegal, so that the Deputies could ticket any vehicles who were seen doing this on private property. Deputy Jukich stated that the property owner needs to have signs posted with the correct vehicle code on them, so that the property owner can tow the vehicles who are in violation. Jukich stated that these cars are getting out of control in the San Lorenzo area and that both his department and CHP are working to abate these vehicles. Barros asked that the Sheriff's department look into the vehicles being parked in the parking lot across from Target on Hesperian where these cars are being parked.

The Administrator asked the deputies what the status of abatement of vehicles at the apartments on Washington and Grant was. Jukich stated that he has spoken with the managers regarding this problem. The owner of the complex has been out of the country in China for quite some time. The management company that runs the complex is given very little money to deal with these types of problems. Jukich stated that he is working with county zoning to abate vehicles, trash, and get the apartments painted.

Director Sloan stated that there have been semi trucks parking on Via Arriba for days at a time. Jukich sated that he will work with CHP to abate these vehicles.

3.2 CHP - Officer Dowle reported the following statistics for June 2001:

                    # of tickets for entire
Type of Ticker      unincorporated area of Co.        # in San Lorenzo

Parking Tickets             168                            12
Fix-It Tickets              236                            n/a
Moving violations           801                           168
Traffic Collisions          119                            14
DUI                          84                           n/a
Vehicle Towed or impounded  114                            12

Dowle stated that last month it was reported that big rig trucks were parking behind Wendy's Restaurant. The CHP has been targeting these trucks. If there are other trucks parked on Via Arriba and the street is posted with "no trucks exceeding 7 tons" then the CHP can ticket them. He stated that the CHP will look into the trucks on Arriba. Dowle reported that his department has been ticketing trucks traveling down Grant Ave between Hesperian and Washington Blvd.

Resident Howard Beckman asked for a status of the CHP "sweep" of parking violations in the San Lorenzo neighborhoods. Dowle stated that currently they are under staffed and their main concern has been focused on traffic safety and DUI's. He stated that the CHP has completed all areas in the Village at least once, and originally gave warnings on their first sweep. During the CHP's second sweep they would be issuing citations. Resident Keith Barros asked if this is the normal procedure for the CHP to first issue a warning and then citations if the violation still occurs. Dowle stated that the warning/ticket procedure is how the CHP normally treats these violations. Barros suggested that the CHP issue tickets only so that residents will abide by the parking laws. Beckman stated that years ago the CHP would do a yearly sweep where they would issue parking tickets for vehicles parked incorrectly. In recent years, he has seen an increase in vehicles blocking the sidewalk/parking incorrectly.

A resident questioned how far a car has to be parked up on the sidewalk before it can be ticketed. Dowle stated that tires that are on the flat part of the rounded curb will get a ticket.

Resident Anne Marie Mrak stated that she was recently followed by a car impersonating a police officer. It had a yellow bubble light on the dash board. She wanted to make sure that residents to be aware of this occurring in the area. Sheriff Deputy Jim Jukich stated that the lights must be a flashing red or solid red/blue light in the front of the vehicle. It was suggested by a resident that something be published in the Association newsletter regarding this occurrence.

Barros requested that the CHP patrol Lewelling and Hesperian where he has noted several vehicles running the red light at this intersection.

3.3 Supervisor Steele - The Administrator stated that Supervisor Steele could not be present. She stated that there are were two issues that the Board wanted Steele to discuss. One issue was the rebar plant at the end of Grant Ave. The Association has received no new information on this, however Director Ready had been down in the area and noted some activity going on at this plant. The Administrator noted that this activity would be illegal since there has been no county approval for this plant to date. She stated that the Association would address this issue with county staff.

The second issue is the Grant zoning issue. It was recommended that the Association write a letter to the Alameda Planning Commission telling them that a zoning study is needed for the purpose of rezoning the area. The Administrator stated that the county has funds for next year for Ashland and Cherryland, rezoning studies and indicated that it could also include the Grant Avenue area if the community wanted. She stated that the Board will write this letter to the Planning Commission to get this process started.

Resident Howard Beckman stated that the Board of Supervisors will have a hearing about redistricting on July 24th at 11:00 a.m. The meeting will narrow the redistricting process down. He encouraged residents to attend as this will decide who is San Lorenzo's Supervisor. The Administrator stated that there are a number of suggestions regarding the redistricting, many of which show that the entire San Lorenzo area would have only one Supervisor for representation. She encouraged residents to oppose this stating that with more Supervisors representing the area, San Lorenzo would have more pull with the Supervisors votes and actions concerning the area.

3.4 Youth Advisory Commission - No report. The Administrator recommended that the youth advisory commission be taken off the Board Agenda until they reconvene for the school year and formally request to be put back on the agenda.

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

4.0 FINANCIAL REPORT

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

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

5.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been 14 liens released since the last June 2001 Board meeting.

The Administrator noted that in terms of the CC&R's, the Association is doing it's own "clean sweep" of the Village and has completed half of the entire Village. Staff hopes to complete the whole Village by the end of September. The Administrator reported that were 249 violation letters sent out. The highest category (82 letters) was for holiday lights. The next highest category was inoperative vehicles (53 letters).

Director Ready asked why "building exterior" has not gotten as many letters as "holiday lights". Staff noted that "building exterior" deals with paint of exterior of building. These letters will be sent within the next few months. It was questioned as to what category signified "messy houses". Staff noted that the catergory for these would be "dirt accumulation" and "attractive nuisances". A resident questioned whether the Association is sending out letters for the dead lawns in the area. The Administrator stated that currently the county Neighborhood Preservation Ordinance (NPO) has "dead lawns" noted as a violation in their ordinance. The Association is currently referring these properties to the county, however, it will be discussing the issue at the next Board meeting for CC&R enforcement. The Administrator stated that the reasoning for not enforcing this under the CC&R's is due to the fact that during the drought several years ago residents were putting in bark and ground cover that looked worse than a dead lawn due to the weeds that would accumulate amongst the ground cover.

6.0 BUSINESS AND COMMUNITY DEVELOPMENT REPORT - See Attached (Item A). Chair Anne Marie Mrak reported that the BCDC wanted to fly balloons in the Mervyns parking lot to indicate how high a 65 foot building would look in the area, however the weather was too windy so the group was unable to take good pictures to show to the Board.

Mrak stated that the commitee reviewed the changes to its Charter and a motion was moved, seconded and passed unanimously to submit the new charter to the Association Board for its consideration. The Administrator recommended that since the Board received the BCDC minutes today, that any action on motions by the Board be tabled until next month. There were no objections to this recommendation.

Director Sloan recommended that any voting members on the BCDC be Homes Association members only.

Director Pebelier asked whether the Homes Recognition Plaques were going to be put up at Albertsons. Mrak stated that she had not heard from the store as to whether they were amenable to this or not.

7.0 ADMINISTRATOR'S REPORT

7.1 Redistricting Strategy - Administrator stated that this was inadvertently left on the agenda from last month, she encouraged all members to attend the Board of Supervisors meeting on July 24th at 11:00 a.m. She also noted that the Unincorporated meeting that was scheduled for next Wednesday was cancelled.

7.2 EBMUD Groundwater Project Update - The Administrator stated that EBMUD has extended the comments on the EIR until August 2001. Resident John Partridge reported that comments from the Association were submitted three months ago and he would recommend that another letter be generated by the Association to EBMUD to recommend an oversight committee to oversee the project's process. The Administrator noted that there has been another delay on the report requested by Heron Bay on the EIR. She is uncertain as to when this report will be available.

7.3 Other - The Administrator reported that the Association had received a letter from Jim Brown, from County Public Works. The county had applied and was granted money to plant trees in various areas of the unincorporated areas. Two of these areas are in San Lorenzo. One is on Grant Avenue, from Via Seco to the Union Pacific Rail Road, which is slated to receive 120 trees. The other site is on the Paseo Grande overpass, which would receive an addition 10 trees. The deadline to plant these trees is by March 2002. The Administrator recommended that the county outline its plan for a watering program of these trees at the same time it presents the plans for planting these trees to the Association. Resident John Partridge noted that the planting on Grant Avenue would take place during the same time that the EBMUD Groundwater Project would be taking place.

The Administrator also reported on a letter from the Bohannon Organization which announced the San Lorenzo Rotary hosting a carnival in the old Mervyns parking lot from July 26th through July 29th. Director Sloan questioned whether the Rotary has promised to patrol and clean up the lot after this event. Scott Bohannon stated that if Rotary does not clean the lot and surrounding area, his organization will clean it and bill Rotary for the expense. He also stated that Rotary has agreed to have a security person on staff during this event. It was questioned as to whether Rotary had hired Sheriffs to patrol this event. Deputy Jukich stated that he would look into this and let the Association and Bohannon know whether Deputies had been requested. Bohannon noted that the approval of the carnival was contingent upon having security present. The event would not take place without some type of security. Resident Anne Marie Mrak wanted to go on record stating that she objected to these types of carnivals, she stated that it brings "unwanted elements" into San Lorenzo and looks "tacky" for the community. The Administrator noted that she had just received notice of the dates of this carnival one day ago. She stated that the funds made from events like this are used to help San Lorenzo students go on field trips as well as scholarships for our high school seniors.

8.0 OTHER BUSINESS

8.1 Motion to consider height limitation for Specific Plan - The Administrator stated that the Board had discussed this issue prior to the last Board meeting and the President of the Board did not think there was enough time to hear the issue. Another meeting was held Tuesday, July 17th to discuss the Specific Plan further. There were a number of recommendations. One from the county was an average height of 50 feet for the buildings in this development. Advantages to an average 65 feet development are that more developers are willing to look at the project and participate in it, ensuring that something would start in the area in the near future. The cost of developing and housing would be less expensive. The disadvantage is that it may compromise the look of the area. Since this meeting, the developer has stated that it is willing to come back in the fall with a master plan for the Village Square area which will show a model for its proposal that will show residents what the development will look like in the Village Square area.

Director Ready suggested that the Board wait to take a vote on this issue until after the master plan is presented to the community. This would be in consideration of what both Supervisor Steele and the Bohannon's have proposed. Ready stated that it would not mean that the Board would then go ahead and approve buildings over 50 feet, however, the Board should wait and see how the development would look in the area prior to making its vote. Resident Howard Beckman stated that he felt that the Specific Plan was being misconstrued from the developers plan. He felt that Supervisor Steele's recommendation was out of place, the Specific Plan should not be driven by what they realtor has in mind, but rather should focus on what the community has in mind and what it wants the area to look like.

Resident Keith Barros said that most residents are not experienced in architecture and do not understand how large a 50 to 65 foot building would look like in the area. He stated that to postpone the vote is wrong at this time, by voting to limit the height to 50 feet, the Board would be sending a message to the developer about its concerns, prior to the development of any master plan.

Pastor Geri Cunningham from Christ Evangel Lutheran Church in San Lorenzo spoke representing LOC (Local Organizing Committee). She stated that her group supports holding off on voting until the community sees the developers master plan. She stated there her parishioners have noted that there is a need for affordable housing in San Lorenzo. Reverend Drew Nettinger also spoke from LOC stating that affordable housing and the height of the development are linked and he encouraged the Board to limit any height restrictions prior to looking at the master plan.

The consensus from the Board was to hold off on any vote regarding height of the development until it can see the master plan from the developer.

8.2 Motion to consider recommendation for zoning of the Lorenzo Theater - Director Sloan asked what the other options the county has looked into for the Theater besides the HP designation. Theater Foundation Board Member Diane Rinella stated that she had spoken with county staff about these other options, however the options do not provide the protection that an HP District would provide. If another owner buys the theater, nothing would prohibit he/she from turning it into another type of business. The HP District would protect the theater from being turned into any other business besides that of a theater. It would also allow the Foundation to pursue additional grant money that is available for HP districts only and would increase property values in the area. Rinella stated that the current owner, Dr. Salwan has spoken publically that he wants to support what the community wants for the building. By preserving the theater in an HP district, this would send another message to the owner that the community wants to preserve the theater as a theater.

Director Ready stated that she wants to protect the theater from being turned into any other type of business, but also may want to see what the master plan looks like prior to making any recommendations. She was concerned with what guarantee the Theater Foundation has that the current owner will eventually give the theater to the Foundation. She pointed out that the Foundation should have something in writing from the current owner that would ensure the groups interest in the facility.

Director Sloan stated that the theater group has done a lot of work researching this issue and said that an HP designation would be helpful to the theater.

Resident Barros asked whether the HP designation would protect the theater from being torn down. Rinella stated that it would not prevent it but would help to protect it.

Director Pebelier asked Rinella whether the Foundation Directors had been working with the county on the HP Designation. Rinella stated that the Foundation has begun discussing the possibility of this designation, however it is waiting to get a recommendation from the Association Board prior to discussing the possibilities with the county.

Director Sherman recommended the Theater Foundation come back to the Board at another meeting outlining different ways of funding, and providing protection for the theater. Director Sloan stated that by allowing the group to look into HP Districting with the county, these options will be forthcoming. The Administrator asked what would prevent the theater from sitting for several years as it is now, if in fact it was designated as an HP District and the Foundation did not acquire enough funds to restore it as a theater. She encouraged the Board to consider this in any motion they would make about the HP District for the theater.

Resident Howard Beckman stated that the issue is not the preservation of the theater as a theater; the Board already approved this historical designation when it agreed with the national designation. The HP District would only provide preservation for the outside of the building.

The Administrator questioned whether special contractors have to be hired to work on the facility once it is designated as an HP District. Rinella stated that special contractors would be needed to restore the facility, especially the murals, but this would benefit the theater, not hinder it. She stated that all the Foundation wants at this point is for the Association Board to support it in its efforts to look into an HP designation for the theater.

Director Ready makes a motion to support the Theater Foundation's proposal to declare the Lorenzo Theater as an HP District. Director Sloan seconds the motion, the motion carries unanimously.

8.3 Motion to make recommendations for the Nelson-Ferro Barn in the Specific Plan - Director Ready asked other Board members what they felt about the Nelson-Ferro Barn being included in the Specific Plan. Board members were concerned with the size of the barn and how it might fit into the Village Square area. Director Ready pointed out that there was only enough wood left from this building to cover the front of a structure. The "whole" barn could not be reconstructed. Director Sherman stated that San Lorenzo Historical Society members, Betty Moose and Mary Ann McMillan had both stated that they would be happy if the barn was within walking distance of the development in the Square. It was also noted that the county had relayed it would be happy to work with the historical society to put the barn within walking distance of the village square development Director Ready makes a motion to keep the Nelson-Ferro Barn in the Specific Plan, but not to include the barn in the Village Square development. Director Pebelier seconds the motion. The motion carries unanimously.

8.4 Motion to consider audit bids for FY 2000-2001 - The Administrator reported that Levy and Company have been efficient and reasonable in price for several years with the Association. A few years ago she did put the audit out to bid to other companies and got little response. Director Sloan makes a motion to get a bid from Levy and Company for the FY 2000-2001. Director Ready seconds the motion. The motion carries unanimously.

8.5 Motion to confirm insurance bid for FY 2001-02 - The Administrator reported that she had sent out to bid in the past for other insurance companies to handle the Association's policy and very few companies were willing to insure due to the nature of the Homes Association. She stated that the Association has been with Greg Norris & Co. for the past several years, and their quote for the regular policy was $18, 537 with an umbrella policy costing $4,000 (See Attachment) Director Sloan moved to approve the bid from Greg Norris Insurance. for $18,537 for the Association's regular policy and $4,000 for its umbrella policy. Director Pebelier seconds the motion. The motion passes unanimously.

9.0 PUBLIC COMMENT

The Administrator announced that the Association was informed today from the county that there is an application for a subdivision on Usher Street to turn one parcel into two parcels. The hearing goes before zoning on July 31st at 10:30 a.m. Residents who are interested can look at the application in the Association office.

Resident Beckman stated that he has observed an increase in the height of the fences, corner lot fences coming out to the sidewalk, dead lawns, and dirt/nude earth in front yards in the Village. Beckman stated that for the Homes Association to state it cannot do anything about these problems in ludicrous. He stated that home owners have the right to sue each other as well as the Association if the CC&R's are not enforced. Beckman stated that the Homes Association's principal job is to enforce these CC&R's; he has seen a gradual degradation to properties in his neighborhood, which have now become a major problem.

Director Ready stated that the Board was told that the "dead lawns" were not classified as a violation under the CC&R's. The Administrator stated that other Homes Associations have clauses in their respective CC&R's regarding "landscaping standards" which ours do not. She had asked Tona Henniger with county zoning how they are enforcing these lawns under the county's Neighborhood Preservation Ordinance (NPO)and she stated that their legal staff was looking at the issue and they were not clear as to whether they could enforce that part of the NPO.

Director Ready questioned how the county could enforce dead lawns when an abatement officer with the county does not even maintain his rental unit with a live lawn.

Beckman pointed out that enforcement is discretionary. Prosecution is constrained by resources, time, money and the availability of people. When the county states that they "won't prosecute" or "can't prosecute" something that is clearly in the NPO, they are making a judgement about what they can and cannot enforce. No one wants to spend a lot of money trying to enforce something they don't feel they can enforce. Beckman stated that the issue is not a black and white issue nor and either/or issue, it is something that will or will not be enforced.

Barros stated that this does not prevent letters from being sent to residents who are violation. The Administrator stated that the Association has sent letters regarding violations such as these in the past, it is only when it has to take the issue to court and it is thrown out that problems occur with respect to proceeding to higher courts and what the costs would be in pursuing the issue further. The Administrator stated that she believes the Association has done a lot to improve the enforcement within the past six months.

Director Ready asked why the NPO was not sent along with the letter to residents about the recent policy changes for CC&R's. The Administrator stated that the NPO is a very long document, and the Association did not have a summary to attach to the other letter. She also felt that residents understood the changes to our own CC&R's since that is what the Association enforces.

President Sherman stated that the lawn issue would be discussed at the next Board meeting.

Resident Keith Barros said that he did not feel that San Lorenzo should be dealing with the "affordable housing" issue. He stated that residents are not obligated to carry that type of housing, he would rather see single family detached homes in the Village area, rather than apartments.

10.0 COMMITTEE REPORTS

10.1 Airport Committees - Director Sloan reported that complaint calls from San Lorenzo have decreased. He suggested that instead of residents noting complaints of noise for every single incident, that they keep a log of times and noise and forward them on to the airport. Sloan stated that the Oakland airport runway they have been working on will be complete some time in August.

Resident Howard Beckman reported that there is a new master plan for the Hayward Airport. There will be a formal meeting in front of the Hayward City Council and the Planning Commission within the next few months. He stated that the reality between the relationship of the Hayward Airport and San Lorenzo is that the San Lorenzo residents take the brunt of the noise from the air traffic at this airport. He has noticed that there is not a lot of action from San Lorenzo residents around the airport due to the fact that they don't think anything can be done. Beckman stated that he is often the only resident from San Lorenzo at meetings regarding the airport and he encouraged more residents to attend.

A resident suggested putting the complaint numbers for noise at both the Oakland and Hayward airports in the upcoming newsletter.

10.2 Council on the Prevention of Drinking and Driving - Director Sloan reported that the council will have a booth at the Hayward Zucchini Festival and invited all to come.

11.0 COMMENTS FROM BOARD MEMBERS - None.

12.0 ADJOURNMENT - Director Sloan made a motion to adjourn the meeting, Director Pebelier seconds the motion, President Sherman adjourns the meeting at 10:19 p.m.

Respectfully Submitted,

Pat Pebelier
Secretary-Treasurer

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