| Reposted by San Lorenzo Express |
MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1113
October 20, 2005
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday,
October 20, 2005.
1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:32 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, Peggy Sheridan were present, Director Patrick Ledesma and Director Pat Pebelier were absent.
2.O MINUTES FROM THE PREVIOUS MEETING -- Director Sheridan moved to approve the minutes from the September 15, 2005, meeting Number 1112. Director Sherman seconds the motion. The minutes are approved unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 Alameda County Sheriff's Dept -- Deputy Franco gave statistics for the past month:
Statistics for Alameda County Sheriff's Office September 2005
Change from
Crime Number last month Affected Streets
Stolen vehicles 2 -1 Via Magdelena, Via Cordoba
Attempted Stolen Vehicles 0 -2
Recovered Stolen Vehicles 1 +1 Via Alamitos
Residential Burglary 3 -1 Via Redondo, Via Corta, Lorenzo Ave.
Commercial Burglary 2 +1 Hesperian (2)
Auto Burglary 2 -2 Via Buena Vista (2)
Grand Theft 0 -1
Vandalism/graffiti 0 -2
Robbery 5 +2 Hesperian (3), Via Vista, Channel,
Grant
Franco reminded people to be careful with their personal property during the upcoming holiday season as
crime tends to increase during this time.
Resident Keith Barros asked Franco about the high speed chase that happened this afternoon. Franco did not have details but would report back at the next Board meeting.
3.2 CHP -- The CHP reported the statistics for the following months:
CHP Statistics for September 2005
Total for
Infraction San Lorenzo Unincorp. area
Collisions 18 117
Tickets 215 2,044
Parking Tickets 119 390
Storage/Impounds 8 147
Stolen Recoveries 2 3
Parking Complaints n/a n/a
DUI Arrests n/a
3.3 Supervisor Alice Lai-Bitker -- Staff member, Kevin Dowling, reported that both he and the Association Administrator met with Don LaBelle, the Director of Alameda County Public Works. The concern was with the slurry seal work and the pedestrian ramps which were constructed incorrectly. LaBelle told them that the county usually has to fix 20% of these ramps after they are constructed due to the slopes being incorrect and thus failing in the years to come. Dowling stated that this year there appear to be more ramps that have been constructed incorrectly. Dowling was looking into why this occurred.
The Administrator also noted that she had discussed the notification of road construction with LaBelle as well as the clean up. There were numerous complaints this year regarding no prior notification of the slurry seal road work to residents as well as complaints of a lot of debris being left in the roads after the work was done, by the crews.
Dowling reported that at the upcoming Unincorporated meeting on October 26th, they would be discussing the CSA as well as be getting an update on the San Lorenzo Creek.
3.4 Zoning Enforcement Report -- Bruce Babcock reported on the past month's zoning violations (See attachment A). Babcock noted that he has received a lot of inquiries and complaints about camper shells in the driveways. He noted that it is against the county's NPO (Neighborhood Preservation Ordinance) that it is illegal to store them in your front yard or your driveway. It is also illegal to store camper trailerson a stand in your driveway or front yard.
Director Ready asked if the Lorenzo Theater is still scheduled for abatement on the 26th of October. Babcock noted that the letter was accidentally sent to the wrong address. The county is hoping to get an abatement hearing scheduled within the next few weeks.
Director Sheridan asked about 18351 Via Arriba which continues to be an eyesore. Babcock noted that the vehicles covered and parked in the side driveway on Via Poudre, did start up and run. He said that since 6 months have passed, he can resend a notice of violation and check the cars again. Sheridan noted that the front yard is overgrown. Babcock said he would look into this and send an abatement notice and fine if the front yard was in violation of the NPO.
3.5 Public Comment - Items Not on the Agenda
COMPRE staff noted that Bockman Liquors has applied for a liquor license to move to 18400 Hesperian Blvd. This was denied by the county due to the fact that is within 500 feet of another establishment which sells liquor. Bockman Liquors is appealing the matter to the Board of Supervisors on October 27, 2005.
COMPRE also noted that the Latino market in the Lorenzo Manor Shopping area is applying for a liquor license under new ownership. Director Ready questioned whether zoning violations can be used as evidence to deny a liquor application. Bruce Babcock, Zoning Enforcement officer from Alameda County stated that the history of zoning violations can be used in testimony from someone who wants the application denied, but cannot be cited as reasoning for denying a liquor license to a facility.
The consensus of the Board was to forward a letter opposing the Latino Market's application for a liquor license based on the 500 ft rule and its ongoing zoning violations.
4.0 FINANCIAL REPORT
4.1 Approval of September, 2005 Expenditures and discussion of significant variances -- The Administrator reported that the audit that went out in the newsletter addressed the recent variances. She asked that any residents who had questions about the Audit, contact her at the Association office. Director Sheridan made a motion to approve the September 2005, expenditures and variances, including payroll, Director Sherman seconded. The motion carried unanimously.
5.0 LIENS AND VIOLATIONS REPORT
The Administrator said that there have been two (2) liens released since the last board meeting. The violation letters were sent as follows:
September 2005 Violation Report
Number Violation # of Letters 1/19 Inoperable Vehicles in driveway 18 2/22 Recreational veh/trailer in driveway 12 6 Lack of General Maintenance 21 10 Lawn Height 35 11 Dead Trees 1 12 Overgrown Vegetation 2 13 Holiday Lights 1 14 No signs 0 15 Building Exterior 1 16 Dirt Accumulation 8 17 Attractive Nuisances 1 18 Lean/miss fence 1 20/7 Unpaved parking 8 21 Working on vehicles 0 23 Dogs/Cats more than 2 0 24 Barking dogs 5 25 Prohibited animals 0 26 Excess noise 2 27 No Home Business 1 28/99 Other/ comments 7 99 Multiple violations 7 Total 131
6.0 HEARINGS AND VARIANCE ISSUES
6.1 Hearings
(a) Revisit the following properties:
1R) 17262 Via Chiquita -- Condition of Lawn. Lawn installed, all violations cleared.
2R) 1709 Bockman -- Condition of lawn. Lawn now green, violation cleared. Will remind
owner about maintenance and mowing.
3R) 1044 Via Honda -- condition of cars and lawn. Car removed, other car registered. Owner working
on replanting side lawn.
4R) 1627 Keller -- Condition of lawn and plan review. Owner present, agreed to submit final plans within
the next 45 days.
5R) 1967 Via Amigos -- Paving and inoperative car. Owner present, car removed. Paving referred back
to county for enforcement.
a) 1836 Via Amigos -- Lack of General Maint., Lawn dead. Lawn now green, will remind owner about
maintenance and mowing.
b) 15800 Via Alamitos -- Lack of General Maintenance. Owner present, all violations cleared and owner re-seeded
lawn.
c) 790 Grant Ave -- Lack of General Maintenance, lawn dead. Owner present and will revisit in 30 days.
d) 15733 Via Corta -- Lack of General Maintenance, Inoperative/stored in driveway, debris in front yard, lawn dead. All violations still exist; Attorney referral and fine.
e) 1371 San Juan -- Lack of General Maintenance, Stored vehicles with debris inside. All violations cleared.
f) 17158 Via Alamitos -- Lack of General Maintenance, Lawn tall and dead. Fine and Attorney referral.
g) 869 Paseo Grande -- Lack of General Maint., Lawn dead. Lawn re-seeded, Owner to be asked to remove
debris at side of residence.
h) 17248 Via Melina -- Lack of General Maintenance, debris and items at front of property. All violations
cleared.
i) 18201 Via Toledo -- Lack of General Maintenance, lawn and vegetation dead and overgrown. Fine and
refer to attorney.
j) 18090 Via Segundo -- Lack of General Mainenance, Items stored in driveway, Overgrown vegetation.
Fine and refer to attorney.
k)16038 Via Media -- Boat stored in driveway. Violation cleared.
l) 15742 Via Corta -- Lack of General Maintenance, car on lawn, inop in driveway, items stored on roof, lights up. All
violations cleared.
m) 1742 Keller Ave -- Lack of Gen. Maintenance, vehicle stored in driveway. Violation cleared.
n) 1956 Keller Ave -- Lack of Gen. Maintenance, condition of house and landscaping. Fine and refer to
attorney.
o) 17268 Via Chiquita -- Lack of Gen. Maint, Lawn tall with weeds. Fine and refer to attorney.
p) 17004 Ganley St -- Lack of General Maintenance, Lawn Dead. Revisit in 30 days.
q) 1888 Keller Ave -- Lack of Gen. Maint., items stored in driveway and vegetation dry. All violations
cleared.
r) 938 Bockman -- Lack of Gen. Maint, Lawn dead and tall. Revisit in 30 days.
s) 1808 Via Natal -- Lack of Gen. Maint., Trailer stored in driveway. Violation cleared.
t) 15861 Paseo Largavista -- Lack of Gen. Maint., Lawn Dead. Revisit in 30 days.
u) 941 Via Mariposa -- Lack of Gen. Maint, Lawn dead. Fine and refer to attorney.
v) 16073 Paseo Del Campo -- Lack of Gen. Maint., Stored vehicle in driveway and unapproved gate material. Fine
and attorney referral.
w) 17216 Via Alamitos -- Lack of Gen. Maint., Lawn dead. Revisit in 30 days.
x) 17208 Via Alamitos -- Lack of Gen. Maint., Lawn dead. Fine and refer to attorney.
y)
z) 16153 Via Del Robles -- Lack of Gen. Maint., items stored at side of resident. Violations cleared.
1) 1888 Via Amigos -- Lack of Gen. Maint., Items stored in driveway. Violations cleared.
2) 1933 Via Amigos -- Lack of Gen. Maint., Holiday Lights still up. Violations cleared.
3) 1714 Via Redondo -- Lack of Gen. Maint., Storing Trailer in driveway. Violation cleared.
4) 15756 Paseo Del Campo -- Lack of Gen. Maint., Construction and debris in front yard. Most debris cleared.
Checking plans in master file to see if landscaping in compliance with what was approved and will ask owner
to re-submit plans due to time of construction (over 1 year).
5) 16145 Via Descanso -- Lack of General Maintenance, Debris all over front yard, stored vehicle in driveway.
Owner to remove all debris and stored vehicles within 15 days. If not, fine and attorney referral.
6.2 Variances
a) 1492 Via Lucas -- Garage Conversion. Review recommendations by the Board of Zoning
Adjustments (BZA) and revisit at November work session.
b) 16191 Via Arriba -- Fence and driveway extension. Owner is not moving forward with driveway
plans. Administrator will review fence and meet with owner in the next few weeks.
c) 15673 Paseo Largavista -- Property line fencing already installed. Denied as built. Owner will be
asked to alter fence so that the height of fence off leading edge is no higher than 5 feet in the first
panels and then drops to 4 feet and 3 ft.
d) 1213 Via Los Trancos -- Second story, one neighbor complaint. Continued to November Work session.
Director Sherman made a motion to approve the disposition of the Hearings and Variances, Director Sheridan seconds. The motion carries.
7.0 ADMINISTRATOR REPORT
7.1 Informational Items -- The Administrator noted that the San Lorenzo School District asked for representation on its budget review committee. Director Sheridan makes a motion to nominate Jim Sherman as a representative to the committee, Director Ready seconds. Jim Sherman is appointed unanimously.
The Administrator stated that the City of Hayward will have an Ad Hoc committee about the helicopters at the Hayward Airport. She would like to recommend that resident Ernie Delligatti represent the Association on that committee. Delligatti is the current Association representative who deals with issues related to Oakland and Hayward Airport noise.
The Board had no objections to appointing Delligatti to the Hayward Airport Ad Hoc committee about Helicopters at the airport.
Kevin Dowling asked that Delligatti attend the next Hayward Ad Hoc Committee meeting.
Resident John Partridge reported on the EBMUD Groundwater Project. He stated that there is a new report on the EIR which once certified is the final step before they start construction on the project. He noted that the project has been scaled down from the original and that this is phase one which may eventually grow into the larger original project proposed. He noted that this project appears safer than the original. The safety of increasing the project to a larger size will have ongoing oversight by a community oversight committee that will review all aspects of the phase one project as it moves forward.
8.0 OTHER BUSINESS
8.1 Bockman Center EIR (timed agenda item (7:45 PM)
Steve Buckley, from Alameda County Planning, reported on the status of the Bockman Shopping Center area. He stated that the county has received a permit application to subdivide the properties. He gave some statistics as to the size of the area, a little over 30,000 square feet each. This property needs to be re-zoned from low density to medium to high density if it is to accommodate the plan which the Olsen Company has currently proposed. He noted that the Planning Commission and the Board of Supervisors has the ultimate decision on this re-zoning. The Draft EIR is currently out and will be discussed at a hearing on December 5, 2005. Residents will have time prior to the hearing to review the Draft EIR and make comments.
Buckley said that the project as currently proposed would not be approved until January 2006 at the earliest. He stated that the EIR does give several alternatives for development of the area. These vary from half residential-half business to all single family homes. The comparisons and analysis are discussed as related to impacts on traffic, schools and noise to the surrounding area.
Buckley said that the county staff will be preparing a report for the hearing on December 5th. Once responses are received on the Draft EIR the comments and concerns addressed will be dealt with in a final EIR that will be a public document for review.
The Administrator noted that she just found out about the draft EIR last week and asked the county to continue the hearing which was originally scheduled for early November to be postponed until December so that the Association Board and its members had adequate time to review the document and make comments. She noted that this item will be on the Association Board meeting agenda for November 2005 where it can be discussed further in detail after more residents have had a chance to review the EIR.
Resident Howard Beckman was upset with how the Association and its involvement with county zoning in its recent letter (See Attachment B). He said that the Ad Hoc Committee was formed to mobilize against the zoning of this development. He was disappointed with the Association letter in that it did not address the residents concerns. Director Ready stated that the letter was meant to address the issue of county notification on projects and documents such as the Bockman EIR, and that this notification be timely and adequate so that residents have more time for review. Ready noted that the Board is not ignoring the community and its concerns. She said that they asked the developer to be more sensitive to the community and the ad hoc committee.
The Administrator said that her letter is being read "out of context" and it was merely to convey to the county the importance of getting information in a timely fashion so that the whole community has time to respond. The Board already listened to many concerns from the last board meeting and asked the developer to review the density and the height of the project.
Buckley said that the county is planning to conduct a retail study regarding the sight. The county wants to get a more complete analysis from another source to help with the discussion at the next Association meeting.
Resident and member of the Ad Hoc Committee Pat Hoke stated that the Board and the Association have a vested interested in the community and in this particular development. She did not understand why the developer Mr. Kerr was not present to further discuss the development. The Administrator apologized, Mr. Kerr had called to cancel due to the birth of his first child. Hoke said that the community and the Board need to start working together for each other's benefit and the benefit of the community.
Several residents noted the importance of maintaining the height of 25 feet which is standard for two stories in the area. Director Ready noted the board had already forward this concern to the county. The Board has also asked that the density be lowered for this sight.
Resident Barros questioned why the zoning is being changed to residential. He thought that one of the proposals was to have a mixed commercial/residential use for the area. Buckley clarified the issue noting that the re-zoning is to allow residential with a commercial component.
Another resident asked why the density was being re-zoned from low to medium-high density. Buckley noted that the General Plan calls for low density for the area, however, the developer wanted the development to be considered medium to high density.
Another resident stated that the community needs to put more pressure on the developer to include more commercial area in the development She noted that 4500 square feet is not enough space to have several businesses in that shopping center.
The Administrator suggested that the Board and the Bockman Ad Hoc Committee have a meeting to discuss the draft EIR. The Board agreed to meet with the Committee to discuss the issue and listen to concerns.
8.2 Community Service Area for Public Works (8:30 PM)
County Staff Paul Keener and Janice Thoni presented an outline for a County Service Area (CSA) for the unincorporated area of Alameda County which would include the San Lorenzo Village Area (See Attachment B).
Janice noted that it would take 30 to 50 thousand dollars to set up a "shell" for an area that would be constituted as a "Service Area". Additional money would be needed from each household for services that it wanted in that particular area. The cost for these additional services would run each household an additional tax of $2,500 to $1,700 per year. She said that these "shells" are only set up if a majority of the residents (66%) agree to the additional tax for the services included in that area. There would be no cost if a community did not want to set up a CSA.
Director Ready questioned why residents would want to be taxed for services that we already receive. Keener noted that the services would be added to what already exists. He sighted an example of additional law enforcement for San Lorenzo. If we wanted more sheriff's for our area, we could get the services through the CSA and would be taxed accordingly for these services.
Resident Keith Barros asked if the CSA would allow the county to "cut" services from the public unless they had a CSA. Janice noted that this is not the intent of a CSA, it is for additional services not to enable the county to cut services that exist, however, she did understand the concern.
Resident Beckman said that Supervisor Miley is one of the only persons that he has noted that is pushing for a CSA. He noted that after reviewing the current law, existing services could become CSA services, and this he is very concerned with this happening. It could also cause more problems for those areas who need the services, but cannot afford them because they cannot afford the increase in their taxes. Beckman stated that there is no rush to apply for these services as County Counsel can continue this issue indefinitely until the issue has been discussed and reviewed in depth by all areas it would affect.
The Administrator said that she was also concerned that residents would be paying for services that they are already getting. She would like to get a dollar for dollar analysis of what services we receive now and how much San Lorenzo residents are paying for them before discussing this issue any further.
Resident Mark Winshell believed that this is just a way for the county to get more money. He submitted a flyer to the board (See Attachment C).
The consensus of the Board was that the county needed to address several questions related to the development of a CSA for San Lorenzo, before they would give any recommendations.
8.3 Hagberg's marijuana lawsuit
Resident Peter Hagberg stated that under federal law the dispensaries which sell marijuana need to be approved by the federal government. He noted that the facilities who are now dispensing marijuana are in violation of this law. In the past few weeks, these facilities have been the cause of an increase in burglary and crime which includes rape in our unincorporated area.
He sited problems with the issuing of medical marijuana cards, the problem with the Board of Supervisors taking responsibility/liability for the way in which the clubs are licensed and run, and the federal laws which are being ignored by the county in order to continue to allow these dispensaries to conduct business.
Director Ready stated that she originally voted in favor of these types of clubs because she felt that they were helping people who were in poor health and in need of treatment. She is concerned now with the recent activity and findings in and around these clubs and the lack of regulation or accountability.
Director Sheridan said that she believes the issue has gotten out of control. She thinks that the Board of Supervisors has allowed too many extensions for these clubs and done a disservice to other businesses and the community at large.
Director Sherman said that he voted against the proposition legalizing these types of business due to problems that the community is now seeing. He stated that he still feels that there are many people who need marijuana for horrible, debilitating conditions, but sees a problem in the regulation and the oversight of these dispensaries.
Director Sherman makes a motion to support the Hagberg lawsuit against these marijuana dispensaries. Director Sheridan seconds. The motion carries unanimously.
9.0 PUBLIC COMMENT
The Administrator noted that the Library Committee will meet with a consultant on November 10, 2005 to discuss what type of poll/ questionnaire can be sent to residents in the unincorporated area to ask if they would be willing to support a local tax to extend the library.
Resident Dorothy Partridge noted that if the state library tax passes then there will be more money available in the years to come for the unincorporated area to apply for Bonds and other funds.
The Administrator noted that there are two (2) vacancies for San Lorenzo residents on the Library Committee. All interested residents should contact the Association office or Kevin Dowling at Supervisor Lai-Bitker's office. The Committee meets the fourth Thursday of every month from 7 to 9 pm in the San Lorenzo Library.
Resident Linda Fritz, on Via Catherine stated that she has been following the EBMUD Groundwater Project from its beginning. Although it is scaled down from its original form, she still has major concerns about ground subsidence and other issues. She was very alarmed to hear at the last meeting that the Association Board is not opposed to this project. She noted that the Heron Bay Homes Association has been very active in opposing this project and she is concerned as to why the San Lorenzo Homes Association has not taken a similar stand.
The Administrator noted that three residents in San Lorenzo have been very active from the projects initial proposal in 2001. Jack McKinnon, John Partridge and now Director Patrick Ledesma have attended most of the meetings. When Heron Bay Association hired their own independent EIR, the Association Board offered to give money to help with the independent review. Heron Bay never responded to the offer, and to this day has not relinquished its findings on that report to the San Lorenzo Homes Association. The Association reviewed the scaled down version of the project and still had some concerns, but was encouraged by the fact that there would be a community oversight committee that would be reviewing the project on an ongoing basis. EBMUD has stated that it will be measuring the soil on an ongoing basis and if there is any subsidence it would shut the project down. However, there were no guarantees about the subsidence.
Another resident noted that San Lorenzo is only 58 feet above sea level. Most of the soil in the area is on layers of sand. This project will be pumping thousands of gallons in and out of the ground on a continual basis. This will only put more pressure on the soil, potentially moving the sand. Resident John Partridge noted that the aquifer would be over 600 feet down, which would not affect the top layers of sand and soil.
The Administrator noted that the issue will be reviewed by the County Board of Supervisors on Tuesday, October 25th. All interested residents should attend.
Resident Keith Barros announced that a meeting for the Lewelling Improvement Project will be held on Wednesday, November 2, 2005. All interested residents and businesses should attend this meeting.
10.0 COMMITTEE REPORTS
10.1 Airport Committee Update -- No report.
10.2 Economic Development Update -- Lai-Bitker's office and the Redevelopment Department has gotten a directory of all the businesses in San Lorenzo. Lai-Bitker, the Association and the Redevelopment Agency will be hosting a kick off for "Shop San Lorenzo" on November 30, 2005. The event will be held at the Homes Association at 6 pm with the lighting of a pine tree in front of the community hall. All residents are invited to participate.
11.0 COMMENTS FROM BOARD MEMBERS -- None.
12.0 ADJOURNMENT -- President Ready adjourned the meeting at 10:40 pm.
Respectfully Submitted,
Pat Pebelier
Secretary-Treasurer
Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Nancy Van Huffel, Administrator , Kathie Ready, Board President