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MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1084
September 18, 2003
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday,
September 18, 2003.
1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:39 pm.
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 Barboza moved to approve the minutes from the August 2003, meeting Number 1083. Director Pebelier seconds the motion. The minutes are approved unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 CHP -- Officer Plant Reported the following statistics for the previous month:
CHP Statistics for August 2003
Infraction San Lorenzo Total for Uninc. area Collisions 17 138 Tickets 192 1,541 Parking Tickets 10 173 Storage/Impounds 12 131 Recoveries 0 13 Total Warnings for Hayward Area CHP: 1461Resident Keith Barros was concerned with the CHP giving warnings versus tickets to parking violators. Officer Plant stated that he disagrees with the verbal warning system, however each officer does have discretion when dealing with these types of violations.
Resident Lisa Gudjohnsen asked that the CHP patrol the jay walking on Bockman. Plant noted that they will watch the area, however he noted that jay walking is not a violation of vehicle code where there are no controlled intersections.
Resident Steve Daly stated that there is a lot of speeding up and down Alamitos almost every evening at 10:30 pm. He asked that the CHP look into this as well as the continuous problem of residents parking up onto the sidewalks on Via Alamitos.
The Administrator suggested that the parking problem in San Lorenzo be agendized at an upcoming Board meeting.
3.2 Sheriff's Department -- Technician Lemmon reported that Deputy Lewis could not be present tonight.
Statistics for August 2003 Alameda County Sheriff's Office
Crime Number Change from last month Affected Street
Stolen vehicles 10 -2 Channel St., Garden Ave., Grant Ave., Paseo Del Campo, via
Alamitos, via Chorro, via Enrico, via Honda, via Marlin, via Media
Attempted Stolen Vehicle 0 0 N/A
Recovered Stolen Vehicles 5 0 Hesperian/Hacienda, Paseo del Campo, via Chiquita, via Manzanas,
via Walter
Residential Burglary 4 -8 Paseo Grande, via Aires, via Seco, via Ventana
Commercial Burglary 6 +2 Hathaway, Hesperian (2), via Toledo, via Barrett, via Mercado
Attempted Burglary 6 -2 Bandoni Ave., Hesperian, via Annette, via Cordoba, via del Sol, via
Nueva
Grand Theft 3 -9 via Barrett, via del Sol, via Manzanas
Graffiti 0 0 N/A
Robbery 1 0 Hesperian
Lemmon reported on the following events they will be participating in: SLVHA Children's Halloween Party on 10/29/03; School Safety weeks in October, the Neighborhood Watch group on 10/2/03 at the Community Hall in San Lorenzo. She reported that they are also keeping an eye on the halfway house on Via Madera.3.3 Supervisor Alice Lai-Bitker -- Staff member Kevin Dowling reported that the Grant Ave. railroad should be repaired as of 10/11 or 10/12/03. His office has also been working with Cal Trans regarding landscaping on 880 and a trash pickup along the highway.
Director Ready was concerned about the fact that at the last Planning Commission the Housing Element was approved. The Housing Element will be going before the Board of Supervisors in the next several weeks and she was concerned. She was under the impression that both Supervisor Lai Bitker and Dowling knew that the Association Board had problems with the Housing Element as it is currently written.
The Administrator noted that she did not understand the process. She thought that the comments from the community would be brought back before the Association Board prior to any approval by the Planning Commission. Dowling stated that staff is feeling pressure from the State to get the Housing Element passed. He asked whether the Board would like the Element delayed in front of the Board of Supervisors and reviewed again at the Unincorporated Meeting. The Administrator stated that the Supervisor needs to be made aware that the Association Board believes the Housing Element Plan should have had community input prior to being submitted for final vote of the Planning Commission. A lot of residents and staff took time to review the Housing Element and make comments on it. We deserve answers to some of the questions proposed. The Planning Commission did not address these concerns nor is it even clear if they were given this material. She stated that the item should be delayed before the Board of Supervisors until the SLVHA Board, the Castro Valley MAC and other local groups have time to hear response to their questions. Director Ready noted that it appears that the public's concerns have been overlooked by not addressing these questions.
Dowling would relay these concerns to the Supervisor and suggest that the item be delayed before the Board of Supervisors.
3.4 Public Comment -- Items not on the Agenda
The Administrator recognized resident Lisa Gudjohnson in the audience whose daughter has one awards in the Special Olympics and was featured in the Daily Review.
Resident Nancy Shelvy announced that the Lorenzo Theater Foundation is holding an Oktoberfest on 10/18/03 in the Mervyns' parking lot. There will be food, drink and craft booths as well as tours of the theater. She also noted that they would be showing the film "Casa Blanca" on the outside wall of the theater at dusk. She asked that all residents attend.
Resident Keith Barros asked the Sheriff's what could be done about these large promotional music posters being put up on telephone poles on Lewelling in San Lorenzo. Technician Lemmon stated that her understanding was unless there was "malicious" destruction of property occurring that neither the sheriff or zoning could do anything about this. Barros showed the audience one of the posters that he had torn down and asked that some agency let him know if they could do something. If it is fact a "community problem" and the county cannot do anything to stop this then he would be willing to tear the posters down himself.
Barros also stated that lately the Mervyns' parking lot and the Bohannon property near it has been filled with cars for sale as well as a weekend flea market. Technician Lemmon stated that Deputy Lewis had looked into the sheriff's ability to enforce the area and they had found that they need an agreement signed by the Bohannon Organization in order to go in and ticket or cite the vehicles and/or individuals. The last signed agreement had expired several months back. The Administrator stated that she would contact Bohannon with respect to this.
4.0 FINANCIAL REPORT
4.1 Approval of August 2003 expenditures and discussion of significant variances -- The Administrator reported that transfer fees continue to go up we are about 25 % over what they have been in the past. Director Sheridan made a motion to approve the August 2003 expenditures including payroll, Director Barboza seconded the motion passes unanimously.
5.0 LIEN AND VIOLATION REPORT -- The Administrator reported no liens released since August 2003 Board meeting.
August 2003 Violation Report
Number Violation # of Letters 1/19 Inoperable Vehicles in driveway 28 2/22 Recreational veh/trailer in driveway 12 6 Lack of Gen Maintenance 17 10 Lawn Height 52 11 Dead Trees 0 12 Overgrown Vegetation 1 13 Holiday Lights 3 15 Building Exterior 2 16 Dirt Accumulation 10 17 Attractive Nuisances 2 18 Lean/miss fence 0 20/7 Unpaved parking 3 21 Working on vehicles 1 23 Dogs/Cats more than 2,0 24 Barking dogs 1 25 Prohibited animals 0 26 Excess noise 1 27 No Home Business 0 28/99 Other/ comments 3 Total 1366.0 ZONING AND VARIANCE ISSUES
6.1 Variances approved/disapproved at the work session --
A. 17030 Via Anacapa -- Extended front yard fence with 7 ft set back from street. Continued until Board can review the sight with the CHP to see if hazard.
B. 17016 Via Cielo -- side step fence. Continued due to unclear where fence will be located.
C. 15914 Via Paro -- Carport, aluminum but looks like wood. Reviewed by Board with contractor. Approved due to fact that the aluminum does look very much like wood and will hold up longer.
D. 17309 Via Encinas -- will revisit at 10/03 work session, waiting for response from owner.
E. 15968 Via Pinale -- Exterior paint. Mr. Dela Cuesta was present and wanted to speak to the Board. The Administrator noted that the Board did reject the paint color as too bright and wanted him to repaint his house. Mr. Dela Cuesta stated that when he picked the paint the painter indicated that it would be lighter than what it was; he had no intention of violating the CC&Rs. Director Ready stated that the house was a blue-gray prior to the re-painting. Mr. DelaCuesta was hand delivered a letter asking him to stop painting, however the job was continued until complete. The Board has rejected this color and is requiring him to repaint. Denied.
F. 15800 Via Seco -- 8 ft fence backs up to Channel. Denied. The Board approved the 6 ft redwood, and would not contest 1 ft of lattice on top of this if approved by the county; however it will not allow 2 ft of lattice as he asked for. Denied.
G. 17475 Via Estrella -- Exterior Paint. Continued until the Board can see an actual paint chip to ensure that the yellow is a soft muted color and not a bright mustard color.
H. 15735 Paseo Largavista -- window tinting. Denied.
I 15963 Via Pinale -- Playhouse, not built yet (treeless playhouse). Approved with condition that the height not exceed 10 ft.
J. 390 Via Lucero -- Variance for addition. The board is concerned with the back yard space and the side yard set back-item continued until can review with owner and county(variance to be heard October 2003) Resident Howard Beckman questioned what the Board's policy was with respect to these fences with lattice. The Administrator stated that the Board cannot approve a fence that is over 6 feet in height in accordance with the CC&R's; however, it has told homeowners that if they want an addition foot of lattice on top of these fences and they take their plans to the county for a variance they will not fight the homeowner.
Beckman stated that he was still unclear as to why the Board would not fight a 7 ft fence. The Administrator stated that if neighbor's do not object and the fence is is the back of the property the Board had stated that it would not fight variances for an additional 1 ft of lattice to make the fence a 7 ft fence.
Beckman asked if the Board would ever oppose a 7 ft fence. Director Ready suggested that this item be agendized for the next meeting. The Administrator stated that she would add this "fence policy" to the next Board agenda.
7.0 ADMINISTRATOR'S REPORT
7.1 Informational Items
The Administrator stated that she and community member John Partridge had gone to a meeting at EBMUD about their groundwater project. She asked Partridge to report on this meeting.
Partridge reported that the representation at this meeting has greatly increased and that there was a lot of representation from Heron Bay. He stated that the main milestone is that there will be a revised EIR on the project in which EBMUD was amenable to a comment time of 45 to 90 days.
Resident Keith Barros stated that he thought somewhere in the project it would be not only an injection but an extraction project as well. Partridge stated that he has also asked this question and he was told that it would only be an injection project. The extractions of water would be no greater than what had been injected. Partridge noted that the project has been considerably down-scaled and that it will be introduced in phases. He noted that the project is not about one-third of what was originally proposed. The Administrator noted that when the revised EIR comes out there will be public meetings held and residents will have a chance to review the document and ask questions about the project.
The Administrator announced that the San Lorenzo School District has asked for a representative from the Homes Association to sit as a member on its High School Restructuring Task Force (HSRTF). The Board recommended Association staff member, Kathleen Harrigan to represent it on this committee.
8.0 OTHER BUSINESS
8.1 Little League - Richard Renteria -- Renteria apologized for the past weed problem at the Little League Park. He stated that they have had a few Board meetings and now have two new Presidents who will be working on dealing with the Park maintenance.
Renteria stated that since the installation of the skate park the park has a lot more graffiti and asked that the sheriff's patrol that area. Renteria reported that he has already spoken with HARD representatives about this problem and is waiting for their assistance.
8.2 Oro Loma Follow Up -- The Administrator stated that at the last Board meeting Oro Loma had requested an exception for their trucks to travel down Grant Ave even though they are above the posted tonnage for trucks traveling on that street. (See Attachment A) Since this letter was forwarded to the Administrator she had a conversation with Officer Plant of the CHP where he indicated that his department had ticketed Oro Loma's subcontractor several times for illegally traveling down Grant Ave. He also had noted that Oro Loma Trucks (the larger vehicles) carry over 60 thousand pounds of material.
Director Sherman makes a motion to decline the request for an exception for Oro Loma trucks traveling down Grant Ave where the signs are posted prohibiting trucks over 7 tons. Director Pebelier makes a second. The motion carries unanimously.
8.3 Discussion on Amended Library Lease -- The Administrator stated that she will produce an amended Library Lease to the county once the county receives approval of its plans for the new library. She proposed that the new lease would include donating Association land that the library currently sits on, which would also include the land to the alley way (Ducey Way). The land the playground/tot lot would not be included but would remain Association property. She would also include in the amended lease that the surface parking be shared as it is now-50-50 by the library and the Association and that the maintenance be shared in this same manner. When the surface lot is full the Association would be able to share the underground parking with the library, but would not share in any of the maintenance for this parking as it would be mainly library parking.
The Administrator asked the Board if they had any objections to drafting this type of new lease for the library land. There were no objections. She stated that she would bring this draft to the next Board meeting for review and approval.
8.4 Halfway House follow up, Via Madera -- The Administrator stated that she had reviewed this residence with the Sheriff's Department and they confirmed that the home was being used as a halfway house (see Attachment B). She has spoken with several of the neighbors and in coordination with the Sheriff's department the Association will be hosting a neighborhood crime watch in the community hall on October 2, 2003 at 7 p.m.
Director Ready stated that she has had several e-mails forwarded to her. One had misinformation that the a homeowner was told by the Association that the State had purchased the property and was housing criminals there. This was misinformation. Many of the e-mails were concerned that the Association was unwilling to do anything with respect to this type of business being run out of a residence. Ready stated that the Association is unable to preclude this type of business in the Village due to state and HUD regulations.
Ready stated that the Association has advised residents to take pictures and or to monitor what is going on at the property and to let the Association know if any curfews are being violated. The Association will work with the Sheriff's Department, County Zoning and other agencies to resolve any problems.
9.0 PUBLIC COMMENT
Director Ready noted that she is concerned with the Hot Tropics, the hot tub business on Hesperian Blvd. in San Lorenzo. She has seen "suspicious" activity at this business. She had checked with the County Zoning Staff member Tona Henninger about conditional use permits for this business and was told that there were no conditional use permits. This business recently had a huge billboard which they are pulling around on a van that has provocative women displayed on it. This advertisement states how "clean" the rooms are at this business.
Kevin Dowling of Supervisor Lai-Bitker's office stated that he would be asking the Sheriff's Department to look into the activity at this business. Kathleen Harrigan, Association staff member, added that she had spoken with Deputy Lewis today and he had already attempted to contact the owner of the business. Bruce Babcock, zoning officer, stated that in 1969 the facility was a health spa and at that time did need a conditional use permit. In 1980 the building was reconfigured to its current state and re-named "Grand Central Hot Tubs". The facility applied for all the electrical, building and zoning permits and was approved. Since that time the facility has always run as a hot tub business, so no conditional use permits (CUP)were needed. The fact that it had run as a hot tub facility for the last 20 years did not require any new permits. He noted that in the year 2000 the owner wanted to put a tanning salon in with the hot tubs and this would have required a conditional use permit, however that portion of the business never did develop. Babcock pointed out that if a use is listed as a CUP, it needs one prior to running the business. This was the case when they wanted to add the tanning booths, but was not the case originally when they had the spa and hot tub facility running from the business. He stated when he met with the owner he has had valid permits since 1969 and thus does not fall under the current CUP because this business has been "continuously" run as a hot tub facility. Babcock also noted that even if zoning noted illegal activity such as prostitution going on at the facility they would have no jurisdiction over closing the facility.
Director Sheridan asked that zoning keep an eye on the graffiti at the Lorenzo Shopping Center near the Kentucky Fried Chicken facility. Babcock stated that he noticed an increase in that area and will keep up on it.
The Administrator announced that Congressman Pete Stark will be holding a town hall meeting in our community hall on October 18, 2003 from 10:30 to 11:30 am and asked that residents attend.
She also announced that the League of Women Voters in conjunction with Supervisor would be hosting a meeting about the current health care crisis at Eden Medical Center on September 25, 2003 from12:30 to 2:00 p.m.
10.0 COMMITTEE REPORTS
10.1 Airport Committees -- The Administrator stated that Ernie Delligatti, Board's representative, was unable to give a report at the meeting due to a death in his family. The Administrator is working with him on putting a letter together regarding air traffic and noise at the Hayward Airport.
10.2 Library Committee -- Dorothy Partridge, President of the Committee reported that the committee is working with the San Lorenzo Unified School District in writing up the application for Grant funding for the Library that is due in January 2004.
The Administrator added that the committee had made a motion to ask redevelopment for funds which the committee would match through community donations.
11.0 COMMENTS FROM BOARD MEMBERS -- The Board thanked all the residents in attendance.
12.0 ADJOURNMENT -- President Ready adjourned the meeting at 10:03 p.m.
Respectfully Submitted,
Pat Pebelier
Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator