The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, August 21, 2003.

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

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

1.3 ROLL CALL -- Directors Kathie Ready, Jim Sherman, Pat Pebelier, Enrique Barboza and Peggy Sheridan were present.

2.O MINUTES FROM THE PREVIOUS MEETING -- Director Sherman moved to approve the minutes from the July 2003, meeting Number 1082. Director Barboza seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriff's Dept. -- Kevin Lewis presented the stats for San Lorenzo for July 2003 and part of August 2003.

Crime Statistics for San Lorenzo July and partial August 2003

Crime                     Number  Change   Location

Stolen Vehicles            12      +8     Bockman(2), Grant, Hesperian(2), Via Aires, Via Barrett, Via 
                                          Manzanas (2), Via Media, Channel, Via Chorro
Attempted Stolen Vehicle    0       0 
Recovered Stolen Vehicle    5      +4     Channel (2), Hesperian (2)
Residential Burglary       12      +3     Channel, Paseo Grande, Paseo Largavista, Via Amigos, Via Del 
                                          Prado, Via Lacqua, Via Medica, Via Rancho, Via Toyon, Via 
                                          Vecinos, Via Seco, Via Ventana
Commercial Burglary         4      +2     Channel (2), Hesperian (2)
Auto Burglary               8      -3     Bandoni, Paseo Largavista, Via Andeta, Via Barrett, Via Buena 
                                          Vista, Via Los Trancos, Via Mesa, Via Del Sol
Grand Theft                12      +4     Bandoni, Grant, Hesperian, Paseo Del Rio, Via Amigos, Via 
                                          Annette, Via Escondido, Via Lacqua, Via Lucas, Via Melina, Via 
                                          Natal, Via Del Sol
Graffiti                    2       0     Bockman/Channel, Lorenzo
Robbery                     1      -1     Bockman

Lewis reported on the following upcoming events: The Annual Cop Shop BBQ will be held 9/6/03 at the Castro Valley Community Center on Lake Chabot Rd. the event will start at 12 p.m. There will also be another citizen's academy starting on September 10th.

Resident Keith Barros asked what can be done about preventing these large musical promotion signs that have been appearing on telephone poles on Lewelling Blvd. Lewis stated that he will meet with the Zoning Staff person, Tona Henninger, and report back at the next meeting.

Director Ready was concerned about the recent attempted kidnaping on via Chiquita and the murder on Via Arriba. Lewis stated that the "murder" was actually deemed a suicide by the sheriff investigators. The perpetrators who were involved in the via Chiquita kidnaping were apprehended that same day of the attempted crime.

3.2 CHP -- Officer Plant reported the following statistics:

CHP Statistics for July 2003

Infraction        San Lorenzo  Total Unincorp. area
Collisions             21             117
Tickets               432           2,216
Parking Tickets        33             162
Storage/Impounds       11              91
Recoveries              0               9
Total Warnings for Hayward Area CHP: 1,490

Another resident mentioned the ongoing problem with parking on via Alamitos. Residents constantly park up on the sidewalk making it difficult for pedestrians to pass. Plant stated that they are doing what they can to patrol this area. Director Ready was concerned about families walking this area with a wheel chair or strollers. There is not enough room to stay on the sidewalk when residents park illegally, and this creates a hazard for anyone who has to go into the street on Alamitos. Plant stated that via Alamitos is a constant chronic problem. Many of the vehicles who park normally on Alamitos have been hit by passing vehicles. They will continue to address the parking problem in the area and he asked that anyone who has seen a chronic parking problem in that area to contact the CHP office.

Ready encouraged the CHP to enforce the parking in that area. She is aware that many residents have a single car driveway but she stated that human life is more important than a vehicle being smashed in. Plant announced that the CHP will have an open house this Saturday from 9 am to 3 p.m. at its Castro Valley office. They will be highlighting pedestrian and vehicular safety.

Time Agenda Items --

The Administrator asked the Board whether they would take a few moments to present a certificate to COMPRE representative Emily Chung at this time. There were no objections. The Administrator presented a certificate to Ms. Chung for her dedication and service to the San Lorenzo Community through her work in COMPRE. Ms. Chung was leaving the organization to return to school.

8.1 Oro Loma concerns about tonnage of truck in San Lorenzo Village -- Mike Cameron(7:45 p.m.)

Mike Cameron from the Oro Loma Sanitary District spoke to about his concerns about the current ordinance which prohibits his trucks from traveling the streets. He stated that the ordinance prohibits trucks over 7 tons to travel or operate on Grant Ave. Recently one of his drivers received a ticket for this and he asked that his driver be excluded from the fine process due to the fact that they must use the streets to get to and from jobs when they are servicing the San Lorenzo area. He stated that Bob Preston County Engineer had sent a response letter back to Oro Loma after they had requested to be exempt from this ordinance. In his letter he named the San Lorenzo Homes Association as well as the San Lorenzo School District as proponents of this ordinance. Cameron stated that his trucks travel on these streets to get to a from a job area and did not feel that the Homes Association would want to prohibit Oro Loma from doing its job.

The Administrator stated that the Homes Association did push hard for the adoption of this ordinance several years ago and would not want to rescind their support for it. She stated that the purpose for this ordinance was to prevent trucks who have businesses at the end of Grant from traveling up and down the street to get to and from their business sites. She noted that the ordinance does provide that if a job is being done in the area and a truck is needed, all the driver has to do is produce the service request slip. She said that the ordinance does not prohibit service in the area, it limits trucks using the street for other purposes that are not job related.

Cameron asked that the Board write a letter to the County regarding his trucks. Director Ready stated that she would hate to allow Oro Loma trucks to use Grant as a thorough fare to get to its destinations within the community. Cameron said that they have traveled down Grant for over 40 years and have never had a complaint from the community or a problem prior to this with law enforcement. They were not even aware that there was such an ordinance in place. He stated that his trucks are especially needed in the rainy season when flooding occurs if they are prevented from using certain streets it will affect the time it takes them to take care of a problem.

The Administrator asked how many trucks per day are traveling down Grant. Cameron stated that there are approximately two (2) trucks per day traveling to and from Oro Loma down Grant. He stated that these trucks are normally filled with about 20,000 pounds of water, and do not always use the same route. They often take Bockman depending on their destination. He noted that Bockman also has restrictions for his trucks. Cameron stressed that even if the Board cannot write the letter, Oro Loma will still service the area in the best possible way it can. They only want their service time to be the best that it can be. Director Sheridan asked whether PG&E and cable trucks have the same problem. Cameron stated the only difference is that Oro Loma is servicing over 100 miles of sewage per day.

Officer Plant from the CHP stated that even the UPS vehicles are over 7 tons and their paperwork for delivery is often checked by the CHP to see if they are legitimately traveling in an area that is under the ordinance law.

Cameron noted that they would not have all the trucks making pick ups or deliveries from their facility be exempt. They currently have a contract with a truck company that hauls away waste for Oro Loma. They pay this company extra to travel east down Grant and North down Washington to the freeway so that they will not have to travel down residential streets.

Director Pebelier noted that it clearly states in Preston's letter that if they are in an area due to a service request, they are exempt. She did not see the need to change this ordinance.

Resident Keith Barros stated that the intent of the ordinance is to keep large trucks off local streets to prevent short cuts back to their respective facilities. He did not see a need for the board to agree to any changes.

Director Ready was concerned that if exemptions were made to the ordinance then Oro Loma trucks would use this as a shortcut and it would create more of a problem on Grant.

Cameron reiterated that the maximum number of trips would be two (2) per day and he would still like the Board to make a decision.

The Board directed staff to find out what the wording of the actual ordinance is and then to determine its regulations and to come back at the September 2003 Board meeting to make a decision on behalf of Oro Loma trucks with respect to this ordinance.

8.2 Parking update on Hesperian Blvd Shopping Center (Lisa Lo)-- Darryl Gray, County Planning (Timed agenda item 8:00 p.m.) -- Gray gave a brief history of the Lorenzo Manor Shopping center and its various plans. He noted that the center originally had 164 parking spaces, but that the 1968 road widening of Hesperian took away several spaces that were originally there. He stated that the owner Lisa Lo currently wants a variance for 225 parking spaces where 264 are needed. Gray said she is in the process of getting permits for the new businesses she has developed in the center and has recently taken down the old Ace Hardware storage area which was an eye sore to the public and the center. He noted that the BZA, (Board of Zoning Adjustments) would be hearing this item in the coming week and wanted to solicit the Board's support to allow the owner her variance.

Gray noted that by granting the variance the Board could attach stipulations which would help accommodate some of the things they wanted to happen with the shopping center, i.e., the removal of the old KFC building, the types of businesses that come into the center and the future of the Wherehouse building if and when that business pulls out of the center.

Director Sheridan stated that for a long time this shopping center has been out of compliance with the zoning and building code laws. She noted that the only reason the property owner has started doing things (i.e. taking down the old hardware storage area and applying for building permits for work that has already been done) is due to the fact that she wants this variance and needs the Homes Association Board's approval. Sheridan stated that Lo has made several promises to the Board and the community, of which few have been kept. She did not understand why the Board should now suddenly give her approval. Director Ready noted that the shopping center itself has become a problem. Lo keeps squeezing more and more businesses in while pushing the old family owned businesses that have been their for years out. Director Pebelier and Director Sheridan asked how the Board can make the owner in compliance with the county rules when she is already out of compliance in many ways.

Gray asked whether the Board would consider approving the variance if the owner was first directed to do certain things with respect to the property prior to the variance approval.

Director Sheridan stated that the only way she would support something like this is if the owner was made to be in total compliance with the conditions outlined and that the board have proof of the conditions being met.

Director Ready noted that if the old KFC building was taken down, the owner may have enough parking spaces for her additional businesses. She noted that originally the owner did not appear to apply for any building permits for changes she made to the shopping center. The Board has asked her on many occasions to comply with county law and she has refused to comply. The parking is just one issue/concern in relation to the multiple problems that are currently going on at this facility. Ready stated that county zoning and building should be making sure that the building is a safe place for business to operate in.

Gray stated that both Alameda County Zoning and Planning staff have been involved and the issues are not being ignored. He noted that if and when all the appeals have been exhausted they will do what they legally can to make the owner comply. He noted that this variance could be a tool for the Association Board to get the changes it wants from the owner. Conditions could be attached to the variance that must be met prior to any granting of the variance. The Administrator asked Gray if he could draft up a serious of conditions that must be met prior to approval by this coming Monday. The Board could then review these conditions and let him know if they would be acceptable or not. Gray stated that he would get something to the Administrator via e-mail by this coming Monday.

The consensus of the Board was to hold to its position, of not supporting the variance for parking spaces for the Lorenzo Manor Shopping Center owner, Lisa Lo. If the Board receives a document prior to the Wednesday hearing that lists conditions that they have stated would be necessary for the variance, the Board may reconsider its position.

3.3 Supervisor Alice Lai-Bitker -- Staff person Kevin Dowling reported that he is working with Association staff member Kathleen Harrigan about a shrine to the young man who was murdered on Via Chiquita and Bockman. He has also spoken with public works about the temporary shrine and it has currently been removed. He noted that the Alameda county Sheriff's are having a press conference at the site this coming Monday, where they will be offering additional reward money for information regarding the murder.

Dowling stated that many of the businesses along Lewelling Blvd had contacted his office regarding the LAVMA project and their concerns that residents still are aware that they are open. There are now signs at the intersections informing residents that businesses are open even during construction. Dowling reported that the Cal Trans maintenance yard that is being constructed behind Target on Hesperian has run out of money for its construction. His office is still trying to encourage them to have landscaping in the area and to be responsible for the litter on the surrounding highway and the area they are utilizing for construction.

Dowling has also worked with the residents in San Lorenzo who are concerned about the construction on Arriba and Hacienda and the signs that were being put on private property by the construction company. All the signs have been removed and the contractor has been informed.

Dowling said he has had several complaints about the "alleged" half way house on Via Madera. He stated that his research has shown no license for that residence.

The Administrator noted that this item was to be discussed later in the agenda but could be dealt with now. She noted that the owner has been contacted and provided a rental agreement which showed he has 6 males renting the house from him.

Several residents who live in the surrounding area voiced their objections. They noted that these are "single family" unit homes and should be treated as such. They questioned the practice of "renting rooms" to several different people for a single residence and were asked why the CC&Rs could not prevent this.

They were also concerned as to what type of individuals were being "rented" to, noting that there are many families with young children in that area and that they know nothing about the background of the men he is renting to.

The Administrator stated that the county and the Association has no jurisdiction over residential houses of this sort who have six (6) or less residents. She provided documentation from the Association attorney that verified this which would be available for all concerned residents. (See attachment D in item 8.4 below) She also noted that the Association has to be very careful with discrimination. HUD regulations provide a much more broad "definition" of "family" and thus this prevents the Association from prohibiting the renting of rooms to different individuals. She noted that the CC&Rs can deal with any problems coming from this house with respect to the look of the property or any nuisances being caused by the residents. She noted that the Sheriff's department can also keep an eye on this property if problems are reported.

Director Sheridan suggested talking with the Sheriff's Cop Shop to start a Neighborhood Watch Group. The Administrator noted that the Association would offer its hall for meetings of any watch group and she offered to help coordinate the group. She also asked residents to call the office if they are having ongoing problems.

3.4 Public Comment -- Items not on the Agenda -- Resident Keith Barros stated that he would like to see a cap on the number of residences allowed under the Specific Plan for the Village area. He encouraged all residents to attend the Monday night August 25, 2003 meeting in the Community Hall.

Resident Rita McIntire asked that the Association get a new flag -- it is ugly and dirty and is often left up at night without a light. The Administrator and the Board President assured the resident that we would look into a new flag and make sure it is taken down every afternoon, due to the fact that the flag pole does not have a light.

4.0 FINANCIAL REPORT

4.1 Approval of July 2003 expenditures and discussion of significant variances -- The Administrator stated that there were no significant variances. Director Sherman moved to approved the July 2003 expenditures including payroll, with a second from Director Sheridan. The motion was approved unanimously.

5.0 LIEN AND VIOLATION REPORT -- The Administrator reported that there have been no liens released since the July 2003 Board meeting. She also stated that due to time, she would forgo the violation report. Any residents can review the report in the Association office. She noted that 242 cases were closed this past month.

July 2003 Violation Report

Number  Violation                           Letters

1/19    Inoperable Vehicles in driveway        42
2/22    Recreational veh/trailer in driveway   29
6       Lack of Gen Maintenance                25
10      Lawn Height                            73
11      Dead Trees                              0
12      Overgrown Vegetation                    2
13      Holiday Lights                          4
15      Building Exterior                       4
16      Dirt Accumulation                       6
17      Attractive Nuisances                    3
18      Lean/miss fence                         0
20/7    Unpaved parking                         3
21      Working on vehicles                     2
23      Dogs/Cats more than                    2,0
24      Barking dogs                            1
25      Prohibited animals                      1
26      Excess noise                            0
27      No Home Business                        0
28/99   Other/ comments                         6
        Total                                 205

6.1 Variances approved/disapproved at the work session:

A. 15763 Via Regio -- Fanciers permit for 3 dogs -- approved with conditions that no ongoing complaints occur for barking etc.

B. 992 Via Enrico -- Front yard fountains; no plans; neighbor concerns -- approved.

C. 1304 Via Madera -- Front yard fence and issue of tenancy (halfway house)-- fence denied (tenancy issue, see Item 8.4 below).

D. 15824 Via Cordoba -- Fanciers permit for four (4) dogs -- approved with conditions that no ongoing complaints occur.

E. 390 Via Lucero --Room addition -- continued for more information.

F. 15914 Via Paro -- Car port; no plans -- continued.

G. 15913 Via Pinale -- back yard fence with 2 ft lattice -- denied.

H. 17309 Via Encinas - Play house in the back yard; no plans -- continued, need to contact homeowner.

I. 16135 Via Chiquita -- 6ft back yard fence with 1 ft lattice -- 6 ft fence approved; no approval or disapproval on 1 ft lattice, referred to county.

J. 15874 Via Granada -- exterior paint -- approved.

K. 639 Paseo Del Rio -- options for driveway extensions -- Board decided that only option is cement or type of paved cement, no rock, gravel etc.

7.0 ADMINISTRATOR'S REPORT -- The Administrator reported that Jack McKinnon (the Association's representative) was never informed about the initial EBMUD Advisory meeting. She will contact EBMUD and have more information for the Board about the ongoing Groundwater Project at next month's Board meeting. She also reported that she went to the meeting with Union Pacific and the surrounding businesses on Grant Avenue about the repair of the railroad tracks on Grant Avenue. The businesses agreed to have the work done on October 11, 2003.

8.0 OTHER BUSINESS

8.1 Oro Loma concerns about the tonnage of trucks in San Lorenzo -- Mike Cameron -- (agenda item set for 7:45) (See above agenda item.)

8.2 Parking update on Hesperian Blvd Shopping Center (Lisa Lo) -- Darryl Gray County Planning (agenda item set for time) (see above agenda item).

8.3 Process for County Zoning endorsements -- (See attached policy Item A.) The Administrator stated that she is putting together a flyer that would be distributed by county staff to any member of the San Lorenzo Village HOA who applied for a permit for work through the county office. Each of the variances would either be approved or disapproved through the Work Sessions as they are now and would be announced at the Board meeting. A letter would then be forward out to the zoning/planning staff noting the decision of the Board. The Administrator noted that the only difference from the current policy would be the flyer that would be distributed to homeowners who applied for a permit from the county.

Director Sherman makes a motion to adopt the process for county zoning endorsements, Director Sheridan seconds the process. The motion is approved unanimously.

8.4 Halfway house state regulations -- See above comments under Agenda item 3.3 (Supervisor Lai Bitker) and Attachment D from the Association Attorney outlining the laws which prevent the Association from interfering in halfway houses and other residential care facilities that have six (6) or less residents.

9.0 PUBLIC COMMENT -- Resident Keith Barros stated that he has a petition he would like residents to sign regarding endorsing the idea of the Alameda County Sheriff's purchasing the theater. They are still waiting on a cost estimate for repairs.

Director Ready read a concern by resident Howard Beckman regarding the Board's appointment to the Airport Committees (see attachment B). Ready noted that the Board did agree to limit the number of complaints from a single household per year to 30 complaints. (See letter from Delli Gatti, attachment C). The reasoning for this limit was due to the fact that airport staff had noted 1424 complaints in one period of time which came from only two (2) houses. If there were more than 30 complaints from one household within the year they would not ignore these complaints, but rather not make them a priority with respect to other household complaints they would be investigating.

The Administrator noted that the July 2002 minutes reflect the appointment of resident Ernie Delli Gatti to both the Oakland and Hayward airport committees for noise and other problems related to airport procedures or problems.

Kevin Dowling informed the Board that the City Council of Hayward does have a subcommittee that deals with the Hayward Airport that Delli Gatti may want to attend.

10.0 COMMITTEE REPORTS

10.1 Airport Committees -- The Administrator announced that Delli Gatti is out of town for awhile and that they would have an update at the September meeting.

10.2 Library Committee -- Director Sheridan reported that at the last meeting the architect showed pictures to the committee of what the new library could potentially look like inside. The committee also elected a new chair, Dorothy Partridge, due to the fact the last chair was moving out of the area. Sheridan stated that it is still unclear as to whether Bohannon will be donating the additional land needed to expand the library, she will have more to report after their next meeting.

11.0 COMMENTS FROM BOARD MEMBERS -- The Board thanked everyone who attended the meeting.

12.0 ADJOURNMENT -- President Ready adjourned the meeting at 10:11 p.m.

Respectfully Submitted,

Pat Pebelier
Secretary-Treasurer

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