VARIANCES:
A. 15732 Via Sonata - 7 foot backyard/side redwood fence. Approved unanimously.
B. 17244 Via Estrella - Back yard shed, 13 foot pitch with 2 foot side set back. Denied unanimously by Board.

The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, August 16, 2001.

1.1 CALL TO ORDER - President Jim Sherman called the meeting to order at 7:32 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, Enrique Barboza were all present.

1.4 Presentation by the BCDC of Monthly Home Recognition Awards - No presentation this month.

2.O MINUTES FROM THE PREVIOUS MEETING

Director Sloan moved to approve the minutes from the July 19, 2001, meeting number 1053, Director Ready seconds the motion. The minutes were approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriffs Dept - Technician Terri Langdon reported that San Lorenzo had the following crime statistics for July 2001: There were 9 grand thefts, 8 auto burglaries, 3 residential burglaries, 6 commercial burglaries, 2 reports of graffiti vandalism, 6 stolen vehicle reports, and 8 recovered vehicle reports. Langdon stated that the reports for stolen vehicle vs. recovered vehicles in San Lorenzo shows that cars are being stolen from other areas and dumped on San Lorenzo streets.

Langdon updated the Board on the following problem properties: Washington Ave Apartments: She stated that a judgement was rendered last week and the owner has 30 days to comply with the trash and weeds in the area. The inoperative/abandoned vehicles on the property have been given a 10 day notice, after which time they can be towed by the county. Langdon reported that the property at 15801 Via Alamitos, according to Officer Jukich looks clean and has been occupied. She stated that the department has had no other reports of anyone impersonating an officer by using a yellow flashing light to pull over drivers. Langdon said the Rotary carnival was manned with two (2) deputies from 7PM to 11PM. The had a few complaints about carnival workers urinating in public, but after they informed the appropriate carnival personnel this activity stopped. There were three (3) arrests, two (2) arrests were for drug use and one (1) was for a registered sex offender working at the carnival.

Landgon announced that the Cop Shop BBQ/Fund raiser was next Friday August 24th and invited all to come.

Director Sherman questioned when the Copp Shop community meetings would resume. Langdon stated that the Bay School meetings would resume in October 2001. She also announced that another Citizens academy would begin in September. This is a 10-week course which introduces citizens to everything the sheriffs department does.

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

                                # of tkts for entire
Type of Ticket                  unincorporated area of Co.      # in San Lorenzo

Parking Tickets,                        n/a                         n/a
Fix-It Tickets                          170
Moving violations                       641                         180
Traffic Collisions                      100                          17
DUI                                      89                         n/a
Vehicle Towed or impounded              115                          16

A resident questioned how the CHP deals with vehicles that have not been moved for over 72 hours but are currently registered. Dowle stated that all the resident has to do is to move the vehicle several inches for it to be parked legally on the street.

A resident questioned why street sweeping signs weren't all over San Lorenzo. Dowle stated that the CHP no longer is enforcing these signs, the sheriff's department has taken over. The Administrator stated that the Association is still waiting for the county to correct the signs in Monday's area. If the enforcement of these signs is implemented and successful, then the Association will look at putting the signs in other areas. The Administrator noted that the expense for installing these signs is quite high.

3.3 Supervisor Steele - The Administrator stated that Supervisor Steele could not be present this evening. Tona Henniger, Code Investigator for Alameda County zoning, was present and handed out the statistical data for zoning enforcement for June and July 2001 (see attachment A from county zoning). Henniger stated that the Association newsletter was incorrect when it stated that the county could "cite" residents for storing these cans in the front of their properties. She explained the procedure of enforcement was to send a series of letters after which a hearing is scheduled for nonresponse. After the hearing is held the resident is billed for fees, however the ordinance does not have anything in place to abate the storage of the cans. Henniger stated that in this way, she did not think the NPO was effective for those residents who leave their garbage cans out in front of their property for more that 48 hours. She said that most homes associations have proper "garbage can storage" listed within their CC&Rs.

Director Ready questioned whether the county was currently enforcing storage of these cans or not. Henninger stated that zoning staff does not prioritize complaints, but processes them as they come in on a case by case basis. She stated that they are enforcing garbage can storage, however, she wanted to note that if the current procedure does not work (by sending letters, scheduling hearings and fining the resident) and they still leave their cans in the front, there is no other alternative for abatement. She stated that under the NPO the county can not take a resident to court for the storage of these cans. If they were to, county counsel would be representing residents. Henniger stated that there are several items in the NPO that cannot be abated after the hearing is held and fines issued. She stated that the county is looking at amending the NPO, and is considering taking out the item of garbage can storage because of the problem of abatement. Director Ready questioned what was being done about the corner lot at Grant and Washington. Henninger stated that the owner has been notified on a number of occasions. Zoning will be contacting him again and will be charging him $500 from now on every time they have to go out and inspect the property. Ready stated that no one has cleaned up the lot adequately since the beginning of summer. She noted that she had been at an adjacent property a few weeks a go and noted that county personnel drove up to the lot and picked up a few items, and left within 10 minutes. Henninger stated the Public works department picks up trash and debris only in the public right-of-way. Ready noted that this was not even done. Henninger stated that she would investigate this further.

A resident questioned what can be done if garbage cans are being filled with oil. Henninger stated that residents can call her zoning staff and leave the address of the residence and the issue and her staff will investigate. This can be done anonymously.

3.4 Public Comment - Items not on the Agenda

Resident Mary Reynolds stated that she would like to see the CC&R Committee formed again and that it become a permanent committee, that meets once a month, with a recording secretary. She stated that this would help with enforcement problems that she sees are becoming more and more of a problem in the Village.

A resident complained questioned why it was the homeowner's responsibility to maintain the sidewalks and the trees. He thought that in the past the Association was responsible for both maintenance of the sidewalks as well as the trees. Director Ready stated that when homeowners decided not to increase dues by a considerable amount many years ago, the maintenance of the trees was passed onto the homeowners. She also stated that the sidewalks have always been the responsibility of the homeowner.

Resident Lillian Ichihana stated that she is very concerned about the way the Association has been enforcing the CC&Rs. She stated that her neighborhood has gone "down hill" in the past few years. There is a resident who constantly parks on the lawn, other lawns are dead or overgrown, and the exterior paint of several houses on her block is peeling.

Resident Thomas Winterhalter from Via Milos agreed with Ichihana; he stated that he walked his neighborhood the other day and has seen a decline in enforcement and CC&R compliance.

Dana Kreal (spelling) spoke on behalf of ComPre about a request for a change in the conditional alcohol licensing in the Arroyo Shopping center at Fresh Pizza. Fresh Pizza received a conditional alcohol license in June 1999 to operate on 15829 Channel St in the Arroyo Shopping Center. Because the facility was located near Arroyo High School the permit stated that alcohol could be served only between the hours of 4 PM to Midnight on week days and 6 AM to Midnight on weekends. Two years later the owners are asking that these conditions be changed. They have put an application to the ABC to extend hours on Friday and Saturdays to 2 AM. The owners have recently started karoke at this facility and this is one reason they are requesting the extension of alcohol service. Kreal state that two years ago the owners of Fresh Pizza were steadfast in that their facility would be more of a food service facility than an alcohol facility. This appears to have changed with their new application. She stated that both ComPre and the San Lorenzo School Board are opposed to this application and asked that this item be put on the Association Board's September agenda to be discussed and voted upon. Director Sloan asked when the hearing for the application was scheduled. Kreal did not know when the application would go before the ABC, but believed that there would be enough time for this item to be heard at the September Board meeting. She would check and get back to Association staff to confirm this.

Resident Howard Beckman stated that with respect to CC&R enforcement, he would encourage residents to speak to their neighbors. He understood that it is sometimes hard to confront neighbors, however they should try. If this fails, people have the right, separate from the CC&Rs to sue their neighbors for enforcement of CC&Rs.

Beckman asked Director Sherman that in conjunction with the list of CC&R variances which are now going out with the monthly Board Agendas, that a listing of the decisions on the previous month's variances also be included with the minutes.

Resident Stephen Kirk stated that he lives on Via Coches and is concerned about the condition of the homes in the area. He questioned how enforcement is done and what the cost of the fines are to a homeowner who does not comply with a CC&R regulation.

The Administrator reported that the fines are currently $75.00 for a homeowner who is in noncompliance of a CC&R regulation. She stated that an average of 600 letters are sent each year, 80 percent are resolved after the first 2 letters. It is the other 20 percent who the Association has problems with compliance. There are those residents who are chronic, who resolve one problem, only to start up with a whole new violation. There are those residents who we take to court, win the case, resolve the situation, only to have the same situation begin again 10 months to a year later. The Administrator stated that Homeowner Associations cannot put a lien on a property for fines. Only after a court hearing can you file a judgment and lien on the resident. Kirk asked why the Association can't combined homeowners who have not paid fines for CC&Rs and take them in mass to Small Claims Court. The Administrator stated that this is something the Association could look into.

Director Ready stated that she would recommend that the CC&R committee be started again. When she got the monthly report for violations, she noted that a majority of the letters were for holiday lights, and although she encouraged enforcement for this type of problem, she stated that there were many more violations that are occurring other than holiday lights being left up. She asked that Mr. Kirk participate in the CC&R committee when it reconvenes.

Another resident questioned if the Association can get letters to homeowners whose sidewalks are in need of repair. The Administrator stated that if a resident reports a home to the county they will go out and inspect the property, and then forward a letter to the homeowner asking them to fix the sidewalk within so many days, if the homeowner does not comply, the county will do the work itself and bill the homeowner for the work.

4.0 FINANCIAL REPORT

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

4.2 Discussion of Significant Variances - The Administrator said that the Association had one significant variance to report. The office has increased transfer fees up by 50%.

5.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been no liens released since the last July 2001 Board meeting.

The Administrator reported that there were 42 violation letters sent for the last month. She apologized for not having a break down of the violation letters sent, but stated that staff is still in the process of changing the violation details and will be reporting more accurately as files are closed and changed in the coming month.

6.0 BUSINESS AND COMMUNITY DEVELOPMENT REPORT - No report due to illness of the Chair.

7.0 ADMINISTRATOR'S REPORT

7.1 Redistricting report - The Administrator noted that Supervisor Alice Lai Bitkner is the new Supervisor for the San Lorenzo Village Area. She stated that she and Dorothy Partridge attended the redistricting hearing at the Board of Supervisors Meeting. The meeting was suppose to start at 10:30AM, but did not start until 2:30 and at 5:00 PM the Supervisor's decided to adjourned for a break. The end result is that the unincorporated area has two Supervisors. Supervisor Miley will still continue in Castro Valley and parts of Ashland and Cherryland. Lai Bitkner will have San Lorenzo and part of the Ashland area.

7.2 EBMUD Groundwater Project Update - The Administrator stated that Heron Bay was supposed to have had an independent report complete by now, however they have stated that the engineer has taken much longer than they thought. The conservative group of Heron Bay had stated that their Association will vote against doing anything with this project, that it was not suitable for a neighborhood. The Administrator asked that the group provide our Association with the technical information where they were able to come to this decision and suggested a joint meeting between their Association and ours . The public hearing comment period for the EIR has been closed as of the first part of August. The Association sent a letter with additional comments that included an oversight committee to be included in the process and asked that the questions proposed in previous letters by herself, Director Sloan and resident John Partridge be answered.

8.0 OTHER BUSINESS

8.1 Discussion of Business & Community Development Charter - Tabled due to BCDC's Chair unable to attend due to illness in the family.

8.2 Policy of citing "dead lawns" as "offensive" - The Administrator stated that it has been brought to the attention of the Association that "dead lawns" are becoming more prevalent in the Village and that the Association needs to review what to do with these residences. She stated that the CC&Rs were written over 55 years ago, and a lot of what is in other Association's CC&Rs, including specifics about lawn height and upkeep was not included specifically in our CC&RS. The only way that the Board can make policy in this respect is to determine whether a problem is "noxious, dangerous, or offensive". The Board has made policies over the years based on this criteria, but the Board must use reasonable business judgement. The Administrator stated that back in the early 1990's when there were drought conditions, there were many residents who decided not to water their lawn, and the lawns subsequently died. The Board at that time gave direction to staff that lawns were to be kept neat, short and free of debris and litter, but not necessarily green. At this same time the Board accepted alternatives to grass for the front yard including rocks, pebbles, bark and drought resident plants.

The Administrator stated that the Board is now revisiting this "dead lawn" issue. She suggested that clear definitions be made about what constitutes a "dead lawn". Is a lawn "dead" if half of the lawn is dry or if spots in the lawn are dry? The Board needs to be very clear in its policy for enforcement to be effective. She noted that staff went out and took pictures of various lawns which were partially to fully dead or dry. One such residence had a beautiful landscaped green lawn on one side and a completely dead lawn on the other.

Resident Howard Beckman stated that in the past one of his main complaints is that the Association has relied on county ordinances and county staff to enforce those nuisance ordinances. The Association has the right to define for itself what is "noxious or offensive". Beckman stated that whether or not the Beckman Board has a great deal of discretion in this matter, one of his complaints has been that the Association has relied on county ordinances and county staff to enforce those ordinances. Beckman stated that what is defined in a county ordinance as "noxious or offensive" is decided by the Board of Supervisors. The Association does not have to define its CC&R's based on county ordinance definitions, but determine its own definitions of "noxious or offensive" with respect to its CC&Rs.

Beckman stated that he has also concerned with the issue of paving front yards, which he has tried to get the county to address. He would like to have the Association take a tough stand with respect to paving over front yards instead of landscaping. He urged neighbors to talk with each other and educate each other with respect to the CC&Rs.

Resident Peggy Sheridan stated that she has a problem with dead lawns, and believes that it ruins the whole block. She stated that residents are using "water conservation" as an excuse, and just refuse to water their lawn on a regular basis. She does not think residents have to have a "sod" lawn just a green lawn that is well maintained.

A resident from Via Pasa Tiempo stated that his lawn is half dead even though he waters. He stated that he has invested a lot of time and money trying to keep the lawn alive but has not been successful. He pointed out that just because a residence has a dead lawn does not necessarily mean they are lazy or that they are not watering it. If the Board decides to institute a policy related to dead lawns it needs to take these variables into consideration.

Director Ready stated that everyone needs to have a reasonably nice looking lawn. It does not have to be a perfect lawn, however it should be green and neat.

The Administrator stated that the Board needs to be very clear in its policy for the enforcement of dead/bare earth lawns and then a policy developed for the Association. It also needs to be determined as to what is acceptable to park vehicles on (ie: is it ok to park on pebbles/pavers etc.)

Resident Beckman stated that he has seen more front lawns with bare earth out front. He would like to see bare earth as front yard landscaping prohibited.

Director Ready makes a motion that the Association consider bare earth and/or dead lawns as offensive.

There was a lot of discussion as to what criteria would "define" a "dead lawn". It was suggested that staff start enforcing those front yards that have "bare earth" initially and then have the Administrator bring back different criteria/wording options for the enforcement of "dead lawns". The Administrator noted that the clearer the policy the better chance we would have to enforce it and win in a court of law.

Director Ready withdrew her motion, but with protest.

The consensus of the Board was to have the Administrator look into "landscape enforcement" wording of other Associations, bring this wording back to the Board at its September meeting, at which time the Board would consider its options for defining a "dead lawn" policy, choose specific wording and vote upon a policy for implementation.

8.3 Discussion of Possible re-zoning alternatives at the end of Grant Ave - The Administrator stated that last month the Board and the BCDC directed her to write to the county and ask them to do a study plan for zoning alternatives for Grant Avenue. She stated that as many residents know there is still the issue of the rebar plant on Grant Avenue which has not been approved, but has been reported to be conducting illegal business activity. EBMUD also has plans to have its Groundwater project in this area. The Administrator asked whether the Association wanted to give the county a vision of what it would like to see in the area for the land that is still open there. She asked residents and the Board members for suggestions as to what they would like to see for the area. Director Sloan stated that he would like to see less traffic in the area. The Administrator pointed out that the Association has received petitions from residents for less traffic in this area.

Beckman encouraged residents to take a serious look at how the Grant area is zoned or rezoned. The community has a responsibility to define what should or should not be there. He pointed out that re-zoning would be a long term effort but needs to be looked at seriously. Beckman stated that he would like to see no further industrial zoning for that area.

A resident stated that he would be concerned with the revenue that are provided by the industrial facilities in the area . If there these types of businesses were to be eventually zoned out of the area then how would it affect the community.

The consensus of the Board was to have the Administrator write a letter on behalf of the Board to county personnel that suggest the county look into a study of options for re-zoning the Grant Avenue that would create far less commercial traffic.

Henninger recommended that the letter be directed to Jim Sorenson, Planning Director. He could also see if current businesses are in compliance with zoning.

9.0 PUBLIC COMMENT

Resident Mary Reynolds questioned how long it would take to get the CC&R committee reconvened. Director Sherman suggested that Reynolds contact the Administrator with respect to reconvening the committee, setting the agenda and a meeting schedule with a recording secretary.

10.0 COMMITTEE REPORTS

10.1 Airport Committees - Director Sloan stated there was nothing to report this month.

10.2 Council on the Prevention of Drinking and Driving - Director Sloan announced that the group will have a booth at the Zucchini festival and invited all to come.

11.0 COMMENTS FROM BOARD MEMBERS - None.

12.0 ADJOURNMENT - President Sherman adjourned the meeting at 10:10 p.m.

Respectfully Submitted,

Pat Pebelier
Secretary-Treasurer

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