Variances: 17243 Via Del Rey - Exterior Paint - Denied

The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, September 20,2001

1.1 CALL TO ORDER - President Jim Sherman called the meeting to order at .

1.2 SALUTE TO THE FLAG - President Sherman led the Board and the audience in the pledge of allegiance. Director Sloan led the audience in the "Star Spangled Banner" song in honor of those who lost lives and loved ones in the recent terrorist attacks on America.

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 August 16, 2001, meeting number 1054, Director Ready seconds the motion. The minutes were approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriffs Dept - Technician Langdon stated that the crime statistics would be forwarded to the Association office within the week. She reported that the Community Policing Community meetings would resume on Wednesday October 3, 2001. It was unclear as to whether they would continue having these meetings during the Community Policing meeting, which would begin on ___ thru ___; she invited all residents to attend.

3.2 CHP - Officer reported the following statistics for August 2001: (see Attachment A).

Officer Plant reported that the CHP has been targeting school zones with the opening of the new school year. He stated that the statistics for this month are down due to the enrollment and training of 21 new CHP officers for his department. He stated that they want to get a lot more coverage and visibility in the area to help reduce traffic incidents.

Director Sloan asked Officer Plant about that semi trucks between Washington and Hesperian on Grant Ave. He had seen an increase of these trucks in this restricted area. Plant said he would take care of this problem and make sure more patrol was in the area.

3.3 Supervisor Steele - Steele had no report. The Administrator asked if there was any news on the report for the Village Square Specific Plan which was supposed to come before the Board in September. Steele stated that she had not heard anything but would check into this. The Administrator also asked about the Chinese Restaurant, Chau Fungs which was to go in near the McDonald's on Hesperian. Steele stated that the restaurant was supposed to go in that area and she has heard no word as to why it has not gone through.

3.4 Public Comment - A resident from 17125 Via Media, Victor Zaldivar stated that he is having problems with drug dealers next to his house at 17111 Via Media. He stated that there is a lot of late night traffic going in and out of this house, with noise late into the evening. He and his neighbors are tired of this activity and wanted to know what can be done. Deputy Jukich stated that Detectives from his department have been doing a lot of work in the area. He stated that he will take the information from Zaldivar and follow up with their detectives. Sgt. Berge pointed out that any time the Sheriffs office deals with a drug house it does take time. His department has a narcotics unit that works specifically on cases like Mr. Zaldivar's however it may take some time before neighbors see results due to the amount of time needed to investigate a prosecute the drug dealers.

Resident Ann Marie Mrak pointed out that there are a lot of rap artist posters on the light poles by Lewelling Blvd and Hesperian. She pointed out that this makes the neighborhood look "trashy" and asked assistance from county and/or sheriffs office.

Scott Bohannon from the Bohannon Organization stated that his office had received numerous phone calls regarding the flag in the old Mervyns square and why it was not flying at half staff. He stated that several years ago a decision was made to permanently secure the flag at full staff due to vandalism. He asked several people in his own organization whether they should take the flag down, or leave it at full staff. His final decision was to leave the flag up, being displayed at full staff. He pointed out that the old flag was removed and a new flag was put up in its place.

Bohannon pointed out that with respect to the specific plan, the partners are preparing drawings for the Association to review which he thought would be ready in the very near future. He stated that he had no reason to believe that the plan was still not moving forward as discussed in previous meetings.

Bohannon reported that his organization has just signed a new lease with a Chinese Restaurant which will go into the area where the China City restaurant once was in 60 to 90 days.

The Administrator introduced Supervisor Lai-Biker's chief of staff, Shawn Wilson. Wilson stated that his office is looking for space in the San Lorenzo area to set up an office for constituents of the area. He announced that Lai-Bitker will be having a series of senior forums which will be free to the public and address a variety of topics important to seniors. These meetings would be held in the Community Hall near the Homes Association office.

4.0 FINANCIAL REPORT

4.1 Approval of August 2001 Expenditures - Director Sloan makes a motion to approve the August Expenditures, including payroll, Director Ready seconds the motion passes unanimously.

4.2 Discussion of Significant Variances - The Administrator reported that there have been no significant variances since the August 2001 meeting.

5.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been no liens released since the last meeting and 155 violation letters written since the August Board meeting. She stated that the office has doubled the work it has done before. There have been 20 or more cases that have been referred to the attorney and are currently in various stages. The following is a breakdown of the violation letters:

August 2001 Violation Report

                                                    No. of
Type              Violation                         Letters

1/19    Inoperable Vehicles in driveway               21
2/22    Recreational veh/trailer in driveway          25
6       Lack of Gen Maintenance                        9
10      Lawn Height                                   25
12      Overgrown Vegetation                           3
13      Holiday Lights                                 7
15      Building Exterior                             11
16      Dirt Accumulation                             17
17      Attractive Nuisances                           7
18      Lean/miss fence                                3
20      Unpaved parking                                4
21      Working on vehicles                            4
23      Dogs/Cats more than 2                          1
24      Barking dogs                                   1
25      Prohibited animals                             1
26      Excess noise                                   2
28/99   Other comments                                11

Total                                                155

Anne Marie Mrak asked the developer to consider an additional stop sign for the area, especially when schools are in session.

The Administrator asked the developer why they would want a car wash in this development when there is one across the street from this lot. Bashire stated that the car wash across the street is self-service and is out dated. The machines at that facility are constantly broken down or out of order. The car wash in this new development would be top of the line and would not be self-service but would be attached to the service station. He stated that they are hoping to include star bucks coffee in their facility to bring in more people to their gas station and mini mart.

Director Pebelier questioned whether there was enough room for fire trucks to get in and out of the area. Bashire stated that there would be adequate parking for vehicles in the garages and that the CC&Rs for the development would limit the number of cars on sight as well as the number of residents living in a house.

The Administrator thanked Mr. Bashire for his presentation and noted that a development could not limit the number of residents living in a home due to HUD requirements. She pointed out that the developer had added an additional parking space to the plans presented as was required by the county. Anne Marie Mrak, Chair of the BCDC reported on its September meeting-see Attachment B Mrak noted the following recommendations which were voted on and approved by the BCDC to come before the Association Board:

* Recommendation to deny extended hours to serve alcohol at Fresh Pizza, 15829 Channel St. in San Lorenzo, Mary Ann McMillan makes the motion, Mel Brookman seconds the motion to recommend denying the application. The motion passed unanimously.

* Recommendation to approve installation of cellular antennas at Public Storage, 15951 Hesperian Blvd, San Lorenzo. Jack McKinnon makes a motion for this recommendation, Mary Ann McMillan seconds the motion with the following exception - that the antennas be concealed with a U.S. non-commercial serviceable flag. The motion passes unanimously.

* Recommendation to deny approval of mix-use (commercial and residential) zoning at 977 Grant Ave. Jack McKinnon made a motion to recommend that no mix-use be allowed for the lot. Further, if the applicant wanted to put townhouses on the lot, that it be approximately the same density as Centex homes (on Washington Blvd. in San Lorenzo) - Mary Ann McMillan seconded the motion, the motion passed unanimously.

6.1 Recommendation to deny extended hours to serve alcohol at Fresh Pizza, 15829 Channel St in San Lorenzo - The Administrator stated that the reason the committee objected to this proposal is that when Fresh Pizza originally applied to have its facility approved by the county it stated that it was mainly a restaurant establishment. Now with the added karokee and application to sell alcohol into the early morning it is becoming more than just a restaurant. The BCDC was concerned that the restaurant would become more of a bar and did not think that this was an appropriate facility so close to Arroyo High School.

Director Sloan makes a motion to accept the BCDC's recommendation to deny Fresh Pizza's application for extended hours Director Ready seconds the motion. The motion passes unanimously. The Administrator stated that she will draft a letter to the ABC recommending a denial of the application.

6.2 Recommendation to approve installation of cellular antennas at the Public Storage, 15951 Hesperian Blvd., San Lorenzo. The Administrator reported that Pacific Bell has applied to put a cellular antenna at this location. The antenna will be 35 feet in height - as high as a flag pole. The BCDC accepted this as long as there was a U.S. non commercial flag to hide the antenna.

Director Sloan makes a motion to accept the recommendation from the BCDC to approve the installation of a cellular antenna at the Public Storage at 15951 Hesperian Blvd., San Lorenzo. Director Ready seconds the motion, the motion carries unanimously.

6.3 Recommendation to deny mix-use zoning for lot at Washington and Grant Avenue in San Lorenzo - The Administrator stated that the BCDC was concerned about the amount of traffic that would be created should this lot be zoned for mix use. They also pointed out that there is a convenience store less than a mile down the street and an existing car wash across the street from the lot. The issue of density of the condominiums also was a concern and is why the committee recommended that the condominiums be limited to the density that exits in the Centex Homes development of Washington.

Director Ready stated that the lot should be used for either commercial or housing not both.

Board members discussed whether to approve residential or commercial zoning for the area. Resident Keith Barros stated that the approval or disapproval for a mix-use development does not mean the Board need choose whether it be zoned for residential or commercial use. He pointed out that the Board needs to decide on whether or not it wants the development to be that of a mixed-use. The Administrator said that at the BCDC meeting she got the impression that the committee was against mix-use for the area, and not necessarily in favor of commercial or residential only for the area. Resident Roberta Furger stated that she was opposed to the notion that these condominiums would be in a "gated community". She would like the park to be open for anyone. She said that she preferred a residential development rather than a commercial one for that area.

Director Ready made a motion which was seconded by Director Pebelier that the Board accept the recommendation from the BCDC that the county deny any application for a mix use development for the lot at Grant and Washington. Further, if the applicant wants to put townhouses on the lot , it be with the condition that the density for these homes be the same density as the Centex Homes development on Washington Ave. The motion carried unanimously.

It was noted that this application would be going before the Planning Commission on October 1, 2001.

7.0 ADMINISTRATOR'S REPORT

7.1 EBMUD Groundwater Project update - The Administrator stated that there was nothing new to report. Comments from the public are still being digested and the Association is still waiting on the additional report that Heron Bay conducted. EBMUD doesn't believe this matter will go on their Board agenda until the first of the year.

7.2 Correspondence - The Administrator reported that she received two (2) letters regarding property in the Grant Avenue area. The first letter was with respect to the 49,000 foot rebar plant proposed for the McMillan property on Grant. She stated that the change from light to heavy industrial was denied by the county, however, the owner could still proceed with his plant, inside a facility. The hearing on this issue is on Tuesday, September 25th. She stated Lou Andrade is the planner on this project and invited anyone interested to attend the meeting.

There is also a proposal for an out door facility which would recycle wood. This business would be stationed at the end of Grant Ave. The Administrator contacted the planner regarding this business and he was unclear as to how much noise would be generated by this facility or how large it would be. She asked the planner to get all the information and bring it back to the BCDC prior to the hearing which is scheduled for sometime in November 2001.

The Administrator reported that the Association's new street sweeper should be delivered to the Association office by mid October. She stated that the county has still not changed the street sweeping signs for enforcement and is waiting to hear back as to why this has not occurred. She stated that even after the signs have been changed it is unclear as to who would be responsible for enforcement of tickets. Sgt. Gary Berge stated that the sheriffs Department is working with county zoning on this project. He said that he would investigate why the signs have not been changed and get back to the Administrator with this information.

8.0 OTHER BUSINESS

8.1 Discussion of Business & Community Development Charter - Chairperson Mrak stated that the BCDC had presented the updated Charter to the Board at a previous meeting, but did not have the document with her for this meeting. Director Ready pointed out that the Board had reviewed the Charter at a former Work Session and had approved it with one change, that "voting members" be limited to those who are members of the San Lorenzo Village Homes Association. Other members of the BCDC would be non-voting members.

Director Ready made a motion to accept the updated BCDC Charter with the addition that "voting members be only those members who are members of the San Lorenzo Village Homes Association. Director Sloan seconds the motion. The vote was as follows

Ayes: Barboza, Pebelier, Ready, Sloan
Nays: Sherman

The motion carries.

8.2 Policy of citing "dead lawns" as "offensive" - Frank Pexioto reported on the CC&R review committee's meeting of September 18th and its recommendations for "dead lawns" as well as its recommendation to continue the committee on a quarterly basis for CC&R review - See Attachment B.

The Administrator stated that Director Pebelier had provided her information regarding how to identify types of grasses - specifically the "bermuda" grass - as well as provided information from EBMUD regarding its drought program and low income program. She noted that once the Association prints information in its upcoming newsletter it will be identifying residences that are in violation of the "dead lawn" or "bare earth" policy and will be sending letters to these homeowners along with information on tips to improve their lawns, plus the EBMUD information. The Association will give each homeowner 30 days with which to correct the lawn and if nothing is done, the Association will refer the property owner to the County and request they implement a fine if the violation is not corrected.

Director Ready questioned whether the letter would address the fact that the homeowner was in violation of both the Association CC&Rs as well as the countys' Neighborhood Preservation Ordinance (NPO). The Administrator stated that both of these issues would be addressed.

Resident Howard Beckman said that he felt it was a mistake for the Association to infuse county ordinance with CC&R enforcement. He stated that the Association is "ducking" the issue of enforcement by referring these problem lawns to the county if they are not corrected within 30 days. The Administrator pointed out that our CC&Rs are over 50 years old and there are a number of policies that are questionable and are not specifically stated in these documents. She pointed out that if the Association has to go to court over these violations, it is good to have all the support and tools it can have in order to present its case successfully.

Beckman said that he believes the CC&Rs were written very well and that the responsibility for enforcement of these CC&RS is with the Board and the Association. He pointed out that by clarifying a "dead lawn" policy it gives the board the authority to enforce, there is no reason to have public or county law involved when this is a private issue for the Association.

The Administrator stated that it is beneficial to use the county resources wherever possible. They have more staff members than the Association for enforcement problems, and had hired an four additional staff members this past year.

Frank Peixoto stated that the Board and the Association have the responsibility to enforce the CC&Rs, however he understands using all the resources it can to piggy back onto the county in certain instances. By doing so, this allows funds to be used for staff time and attorney fees for those residences that are really falling apart.

Director Ready makes a motion to accept the motion from the CC&R committee for policy and procedure (See attachment B) Director Sloan seconds the motion. The motion carries unanimously.

8.3 Review of purpose and necessity of CC&R Committee - The Administrator pointed out that the purpose of the committee had already been discussed in the former agenda item 8.2 and asked that the Board to entertain a motion with respect to the Committee.

Director Pebelier made a motion to accept the CC&R Committee as a standing committee which would meet on a quarterly basis to review CC&R enforcement problems. Director Ready seconds the motion passes unanimously.

9.0 PUBLIC COMMENT

Resident Howard Beckman announced that the freeway which cuts through Ashland (Hwy-238) is now up for expansion. He stated that the curve from 238 to Highway I-80 will be torn down in this new proposal. He suggested that Cal Trans be invited to an upcoming Board meeting as well as an Ashland Community Association Board meeting to report on this project. His understanding is that Cal Trans is presently doing an environmental assessment on the proposed project.

Supervisor Steele stated that transportation personnel from Cal Trans, AC Transit and other transportation entities would be invited to the October 24th unincorporated meeting to address transportation issues.

Resident Keith Barros thanked the Board for turning down Fresh Pizza's application to extend its hours of selling alcohol to the public.

Resident Norman Brown was concerned with inoperative cars being parked in driveways as well as on the street. He pointed out that the apartments on Washington have multiple inoperative cars under its carports as well as on the street. He was also concerned with motor homes being stored on residential property.

Sgt. Gary Berge stated that Deputy Jukich and zoning have been working hard to abate these inoperative cars. He stated that twenty (20) cars were towed from the Washington Apartments and zoning is working in other areas including residential areas. If the vehicle is parked on the street and has a registration that has lapsed over six months then they can tow the vehicle. Tona Henniger, from county zoning invited residents to contact her office if they have an inoperative parked in a driveway and the county can eventually haul these cars away if they meet with their criteria of what is "inoperative".

10.0 COMMITTEE REPORTS

10.1 Airport Committees - Howard Beckman reported that the State [appellate court] has required the EIR go back to the drawing board with respect to the expansion of the [Oakland] Airport. He now thinks that this expansion is a dead issue.

Resident Anne Marie Mrak inquired as to how security is handled for the Hayward Airport. Beckman stated that there [are] no security [regulations]. He stated that the airlines and the air carriers have consistently fought the FAA over new security issues because of the cost of this service. He stated that for the most part there is little if no security [required] for small airports. The business jets that fly out of these small airports are of concern for security as well as other issues.

10.2 Council on the Prevention of Drinking and Driving - Director Sloan stated that the council was to have a booth at the Zucchini Festival with the CHP, but did not get this organized in time, and thus they had no representation at the festival. He said that at the next meeting there would be a representative from MADD (Mother's Against Drunk Driving). He asked the Board whether it wanted to continue participating in this council, representing the community. The consensus was to go continue representing the community at these meetings.

Supervisor Steele announced that they would be planting trees at the memorial grove in honor of those children who have been killed in Alameda County. The planting will occur on the 5th of October and she invited all to come.

11.0 COMMENTS FROM BOARD MEMBERS - Director Sloan asked the audience to observe a moment of silence for all those who lost loved ones in the recent terrorist attacks on America.

12.0 ADJOURNMENT - President Sherman adjourned the meeting at 9:42 pm.

Respectfully Submitted,

Pat Pebelier
Secretary-Treasurer

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