| Reposted by San Lorenzo Express |
MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
REGULAR MEETING NO. 1159
October 18, 2007
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, October 18, 2007.
1.1 CALL TO ORDER -- President Wulf Bieschke called the meeting to order at 7:38 pm.
1.2 SALUTE TO THE FLAG -- President Bieschke led the Board and the audience in the pledge of allegiance.
1.3 ROLL CALL - Directors Wulf Bieschke, Pat Pebelier, Margaret Wright Jim Sherman and Director Kathy Martins were present.
2.O MINUTES FROM THE PREVIOUS MEETING -- Approval of meeting number 1157 and Work session notes from meeting number 1158. Director Sherman makes a motion Director Pebelier seconded. The motion carries unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 CHP Report -- Officer Rob Tuazon was unable to be present, but left the following statistics (also See Attachment A):
CHP Statistics for September 2007
Total for
Infraction San Lorenzo Unincorp. area
Collisions
Tickets
Parking Tickets
Storage/Impounds
Stolen Recoveries
Traffic Complaints
Parking Complaints
DUI Arrests
Total warnings n/a
3.2 Alameda County Sheriff's Dept. -- Deputy Liskey reported the statistics for crime in the area for the past month (See Attachment B):
Statistics for September 2007 [TO BE POSTED WHEN AVAILABLE]
Change from
Crime Number last month Affected Streets
Stolen vehicles
Attempted Stolen Vehicles
Recovered Stolen Vehicles
Residential Burglary
Commercial Burglary
Auto Burglary
Grand Theft
Vandalism/graffiti
Robbery
Deputy Liskey stated that the increase in the number of stolen cars is of concern. He reported that a lot of the vehicles recovered from here are from Oakland and other areas.
He stated that his office recently helped out with the community clean up Supervisor Nate Miley coordinated and the his department had a barbeque to raise funds for the cop shop which was very successful, they raised over $2,900.00.
The Sheriffs Department also hosted a training exercise "Operation xxx" for 50 hours which included outside departments from other cites a counties. The event went extremely well and they will be hosting this type of event every year to prepare their officers for special situations and disasters.
Liskey said that the county recently passed a Peddlers Ordinance which would allow the sheriffs department to pursue street solicitors who do not have the proper licensing. They would be able to take them to court and have much stronger enforcement than they do now.
Liskey also stated that in the past few months he has seen more homes that have been converted into marijuana green houses. He stated that if you suspect a home of growing plants to contact the sheriffs office.
Last week the sheriffs did a large suppression unit and they recovered a large amount of methamphetamine. They also did a Minor Decoy Operation in the same week where they cited four out of ten stores that were selling to minors. Year-to-date the sheriffs department has put "stings" on 60 stores and found eleven of those in violation. The kids know they the establishments that allow them to buy alcohol and this is where they can get their liquor. His department is trying to prevent the easy distribution of alcohol in the area.
The Administrator asked what kind of fines are being issued to those stores still selling to minors. Liskey noted that his department has nothing to do with the fines and does not re-coup through the fine process. The courts impose and collect the fines. He noted that the alcohol ordinance and its revisions would help the sheriffs department receive money for their ongoing sting operations and education of personnel at these establishments which are applying for liquor licenses.
Questions were brought up about the Marijuana ordinance. Liskey stated that hashish is just as legal under the ordinance as marijuana. This is what was approved by the voters. He noted that Supervisor Miley is in the process of working with county counsel and his agency to revise the ordinance.
President Bieschke stated that the county and the community may need to re-think the marijuana clinics that are currently operating in our unincorporated areas. He does not think the way they are being run is what the voters intended to approve when they voted in favor of the law. He encouraged all residents to attend the next Unincorporated meeting where both the marijuana and the alcohol ordinances would be discussed.
3.3 Supervisor Alice Lai-Bitker -- Staff member Kevin Dowling announced that there was a meeting with the Public Works agency about the Washington Avenue proposed median. They will be hosting another meeting again in the near future.
3.4 Zoning Enforcement Report -- See Attachment C for monthly report.
3.5 Public Comment
Resident Susan Bieschke announced that there will be a blood drive this weekend hosted by the Boy Scouts she handed out a flyer and asked that residents volunteer to give blood.
Resident Keith Barros noted that the graffiti is on a rise again in the area. He asked that residents call Alameda County Public Works if they see any graffiti at 510-670-5400.
4.0 FINANCIAL REPORT
4.1 Approval of September 2007 expenditures, including payroll, and discussion of significant variances -- Director Martins moves to approve the financial report for September 2007, Director Sherman seconds, The motion is approved unanimously.
5.0 ADMINISTRATOR'S REPORT
The Administrator acknowledged resident Jim Ready for his help with painting and fixing the street lamps leading up to the Association's community hall and for his participation in many volunteer "handyman" jobs throughout the year.
5.1 Governance Committee questionnaire -- The Administrator announced that the last newsletter had information and questions about the Committee on Governance. She asked homeowners to review this and if they are interested to submit their answers to the questions asked. If residents had more questions they should contact the office at 510-276-4554. (See attachment D)
5.2 Community Survey Results
The Administrator referred to the newsletter again for those who want to respond to the survey from Supervisor Miley's office. (See attachment E)
6.0 OTHER BUSINESS (Motion may be required)
6.1 Report on Bockman Rd and Village Square Project -- Board President Bieschke had given a presentation to residence in attendance at the "Meet, Greet and Eat" prior to the commencement of the monthly Board meeting. (See attachment F).
6.2 BMX Track behind Bohannon School (Timed Agenda Item at 8:30 pm.)
President Bieschke stated that the Board is concerned about this proposed track and its impact on the surrounding community. They met with the Skywest Park Homes Association which would be directly behind the park to hear their concerns and to discuss the issue further with the Owner of the track. The proposed operator, Carl Renowitzky was unfortunately not in attendance at this meeting to answer the questions posed by many of the members of this homes association. President Bieschke opened the floor for comments from residents.
Resident Melissa Hobson states that she lives four house down from the field where this park is proposed. She is also a staff person at Bohannon and stated that she thinks the park would promote graffiti, trash and crime in the neighborhoods it surrounds.
Resident James Figueroa lives on Via Palma very close to the proposed site and stated that kids need something to do. He is favor of the track as long as it is secured and was run by an organized group. He would be very excited to see this. Children in San Lorenzo would have a place to ride their BMX bikes this would be very exciting for our community. He volunteered to help patrol the area to pick up trash and keep the outlining neighborhood clear from blight and litter.
Resident Beverly Dolan, stated that she lives right by the gate area that would be the opening to this park. She stated that she is not for or against this proposal; she just would like more information. Where are the bathrooms going to be? She also suggested a trial run for the park which could be monitored for a period of time to make sure there were not problems prior to giving it the final okay. She would like to see something like this in the contract so that if the facility is a problem for the community it can be shut down.
Resident and BMX Track organizer, Carl Renowitzky, stated that all three of his children have been involved with BMX. The BMX organization helping to construct this park has been in existence for 30 years and has a very good reputation. The track proposed would be a practice track without loud speakers and no races would be run on this track. This would give children a safe place to practice and ride. It would be a positive thing for the community and would give many children in the area something to do recreationally.
Resident Kelly Pina from Via Dolorosa stated that the children need something to do in our area. She wanted to know how the approval process would be done. She asked if the new Superintendent Dr. Byas was in favor of the project. She was also concerned as to how the helmet law would be enforced. She sees many skateboarders at Cameron's Skateboard park who do not wear helmets and there seems to be little if no enforcement.
Kevin Dowling, representative for Supervisor Lai-Bitker, stated that the next process is to go before Hayward Recreational District but many groups including the San Lorenzo School Board want more information.
Resident Frank Mitchell from Bockman Rd. stated that he thinks a BMX track is great but he does not know if the area behind the adult school is the best area.
Resident Marge Johnson, from Via Margarita, stated that anything to help our youth get out in the open is a good thing. Engaging the youth in this community is important. She was concerned about the noise to the surrounding residents and the oversight of the park once it is up and running.
Resident Keith Barros stated that he is favor of programs for youth. He was not sure about this particular track. They originally were running the track on Wagner Street and had problems Barros said that these problems should be reviewed. He urged HARD and the county to consider a conditional use permit for the track that could be reviewed within a specific time frame.
Samantha , President of the SkyWest Town Homes Association, stated that they met with the San Lorenzo Homes Association and Supervisor Lai Bitker regarding the park. After this meeting her group still had many questions that were not answered. They are compiling a list for HARD so that they can be addressed prior to any approval process. Some of these issues included where the bathrooms would be and who would be building/funding the track. How would the track be monitored, and who would take complaints once the track was up and running. She noted that she was disappointed that Mr. Renowitsky was not present when they met with Lai Bitker and the San Lorenzo HOA to address some of these questions.
HARD representative Larry LaPore, Superintendent of Parks for HARD, spoke about his Districts process. He stated that he has worked with San Lorenzo Unified School District employee Lowell Shira and they currently have an agreement for leasing the one acre site behind the Adult School for the use of the BMX track. There were originally contacted by Supervisor Alice Lai Bitker's office to help implement this. He noted that part of HARD's function is to help implement recreational activities and get them up and running.
LaPore stated that they have met with the BMX group, but do not have any agreement at this time. He said there would definitely be some conditions of operation that would be tied into any agreement with the group. If these conditions were not met, then they would be able to close down the facility. Last month they were scheduled to go before HARD with this agreement to get signed and then the next step would be to get the San Lorenzo Unified School District to approve it. After that time HARD would be meeting with the group and the community to sign an agreement and would incorporate any of the communities concerns in that agreement. Lapore noted that an insurance agreement would be included in this contract.
Director Martins asked if San Lorenzo residents would have first priority to use the facility. Lapore stated that the group running the facility would have to incorporate this in the fee. Director Martins stressed the fact that she would like assurance that our children get first priority.
Lepore noted that the BMX group would have to fund their own water for the track. HARD would not be maintaining the track but would be making sure the track meets the conditions that are set forth in the contract to lease the grounds.
Dowling stated that Lai Bitker's office got involved due to the fact that the Wagner track was not a legal site, and thus they had to remove it. There was no other land that was as accessible as the present site proposed behind the Adult School. The National Bike Association which has been in place for 30 years has sanctioned this tract and has agreed to build it and bring in the dirt. Renowitky's group has agreed to a $500 lease per month plus paying for water needs. Dowling stated that HARD would have specific conditions for use of this field that would be outlined in their contract with the BMX group.
Dowling stated that he will be meeting with the BMX group and the SkyWest Town Homes Association to discuss this issue further and go over their concerns. The Administrator noted that the Homes Association would like to take part in this meeting and would be willing to host it if needed.
6.3 County Ordinance for Alcohol
The Administrator reported that three years ago the county considered amending its Alcohol Ordinance to impose a yearly fee of $1200.00 to those business who want to sell alcohol. The ordinance was implemented early this year, but many businesses were not made aware of what the fee was for and why they were being charged. She wrote a My Word article with some major concerns that she will present to Supervisor Miley at the next unincorporated meeting. See attachment G.
Deputy Liskey spoke to the ordinance. He did not understand why these businesses were not involved in the process of the ordinance. He did say that the fees have been suspended at this time and the ordinance is being revised to reflect an $800 fee per business that wishes to sell alcohol. The fees collected from these businesses would be used for enforcement/ sting operations and education of employees whose businesses are selling alcohol. He noted that in a recent sting, three out of four of the businesses selling to minors were restaurants. Liskey stated that it is important that businesses be reviewed on an ongoing basis. The sheriffs office has a minor decoy program that checks any business selling alcohol, including bars. If there is not ongoing enforcement then the problem escalates. The $800 fee charged to these businesses is the minimum needed implement enforcement and education. Liskey stated that a bar or a store selling to minors often creates other crimes. This ordinance gives the sheriffs office the ability to hold people accountable. Businesses selling alcohol make a lot of money doing so and need to be held accountable.
Linda Pratt, the Program Director for COMPRE spoke about the facts of alcohol use in minors. Pratt noted that 23 of the 140 businesses in the unincorporated area selling alcohol are located in San Lorenzo. This equals one store to every 96 residents. The Alcohol Beverage Control (ABC), states that there should only be 1 outlet per 2000 residents. She noted that the main way youth get alcohol is in social setting and thorough retail. In 2005, the Castro Valley School District did a "Healthy Kids" survey which showed that one in three kids can get an adult to purchase alcohol for them.
Pratt noted that ABC is grossly under funded and understaffed. The best approach is a pro-active one; to actively prevent establishments from selling to minors, prior to becoming a problem. She noted that resources become tapped when establishments are illegally selling alcohol. A system needs to be in place to educate and review businesses that choose to sell alcohol. An alcohol license is the only license in California that does not require education, testing or other requirements. If you start a business cutting hair or doing nails you have to have some basic education about what you are doing prior to getting licensed. The fact that there is no education in selling alcohol poses a risk to businesses and the surrounding community.
Pratt stated that the current ordinance under review for Alameda County was tailored after the Santa Rosa Ordinance. The fees collected from each business go back into the ordinance for enforcement and education. She noted that Santa Rosa has now been able to reduce the yearly fees to businesses that have a clean record of selling to minors. She also noted that a recent billed passed by the state allows business owners that have been fined for illegal sale can have these fines mitigated if they have had education. This is yet another benefit for these establishments selling liquor who are monitored and charged under this ordinance.
6.4 Hayward Energy Plant (Russell City) (8 pm timed agenda item)
President Bieschke stated that the proposed Energy plant was recently approved by the CA Energy Commission (See attachment H)
The Administrator noted that she and several others are concerned that inadequate public notice was provided to the residents in the unincorporated area or the surrounding area. She introduced Jewell Hargleroad who as an attorney has volunteered some of her time to work on the Energy Plant issue.
Hargleroad gave the history of the issue. When the power plant was initially discussed in 2001, its location was to be completely within the City of Hayward, however due to the fact that it was in the wetlands, they moved the location 1000 feet, which placed it in Unincorporated Alameda County.
Hargleroad noted that residents surrounding the plant are facing 650 tons of pollutants. The Assembly Bill AB32 recently which was recently passed by the State Legislature says that there needs to be a net reduction of carbons in cities and counties. This power plant as a business would be eating up all the allotted carbons, leaving other businesses at a disadvantage. She noted that the electricity generated by the plant would not even be used by Alameda County but would be going to San Mateo and San Francisco County.
Hargleroad wanted support from the San Lorenzo Homes Association to join in an effort in filing a petition to reopen the issue for consideration. She stated that the California Pilot's Association, Citizens for Alternative Transportation, Hayward Demos and HAPA have all agreed to be part of the petition. Chabot College and Alameda County will be filing separate petitions.
Hargleroad noted that there are several concerns about the plant including no rigorous analysis for mitigation of this plant particularly for unincorporated residents.
The pilots at the Hayward Airport are concerned with the 1000 foot plumes that will be caused by the operation of the plant, not to mention the height of the structure itself, which would be as tall as a 14 story structure. Due to the height of the plant and the size of the plumes Hayward pilots would be pushed into airspace where they are not allowed in, due to noise pollution.
President Bieschke asked what the Homes Association must do to become part of the group. How much would it cost the Association to do this? Spalding said that at this point that no money is necessary, but would hope we would later participate in a fund raising activity for incidental expenses.
The Administrator stated that she had discussed this issue with Alameda County legal counsel about how the Association could participate and what type of legal liability it would have if we agreed to join. Counsel indicated to her that there was no legal liability to the Association to act as a petitioner. The procedure was to reopen the proceedings about the plant so that everyone's input could be heard.
Director Martins makes a motion to have the Homes Association become a petitioner to reconsider the proceedings about the Russel City Power Plant, Director Pebelier seconds, the motion carries unanimously.
7.0 COMMITTEE REPORTS
7.1 Redevelopment -- No report.
7.2 Library -- Director Wright said that the group spoke about renovations through redevelopment for the San Lorenzo Library. They will be discussing and investigating this further at upcoming meetings.
8.0 LIENDS AND VIOLATIONS REPORTS -- No liens have been released since September 2007.
September 2007 Violation Report
Number Violation No. of Letters 1/19 Inoperable Vehicles in driveway 27 2/22 Recreational veh/trailer in driveway 6 6 Lack of General Maintenance 21 10 Lawn Height 62 11 Dead Trees 0 12 Overgrown Vegetation 2 13 Holiday Lights 0 14 No signs 0 15 Building Exterior 3 16 Dirt Accumulation 4 17 Attractive Nuisances 4 18 Lean/miss fence 1 20/7 Unpaved parking 3 21 Working on vehicles 2 23 Dogs/Cats more than 2 1 24 Barking dogs 4 25 Prohibited animals 0 26 Excess noise 1 27 No Home Business 0 28/99 Other/ comments 18 99 Multiple violations 26 Total 185
9.0 HEARINGS AND VARIANCE ISSUES
9.1 Hearing Dispositions
16145 VIA PARO -- Lawn height. Tenants now have debris/inop in driveway and the lawn still needs to be watered. Fine and revisit in one month.
16082 VIA ALAMITOS -- Lack of Maint/No lawn, Debris. Fine and try to locate owner, refer to attorney.
15787 VIA ARROYO -- Multiple/Lack of Gen Maint. Check on status with Code Enforcement, fine and refer to attorney.
17277 VIA FLORES -- Lawn height. Owner submitted plans; need site visit to get dimensions of new landscaping and cement. Revisit in December if needed.
670 VIA MANZANAS -- Lawn height. Looking better;continue to monitor for the next 60 days.
17498 VIA ARRIBA -- Lawn height. Fine; try to contact owner and revisit in 60 days.
696 VIA AIRES -- Unpaved parking. Owner came in to discuss with board. Board working with owner to review paver options to widen front driveway; will revisit in 30 days.
980 BOCKMAN ROAD -- Lawn height. Asking owner to contact Admin. within 30 days. Recheck in 60 days if no communication.
17216 VIA ALAMITOS -- Lawn height. Owner asked to submit plans within 30 days to discuss landscaping. Review within 60 days.
1173 VIA CORALLA -- General Maintenace of Property. Close out; residence painted and in compliance.
17666 VIA TOLEDO -- Lawn height. Owner hired gardener; looks much better; closing.
18201 VIA TOLEDO -- General Maintenance of Property. Try to contact owner and revisit in 30 days.
17165 VIA TOLEDO -- Lawn height. Try to contact owner and revisit in 30 days.
17484 VIA LA JOLLA -- Trailer 36 hrs+. No truck or trailer seen, closing.
17401 VIA SUSANA -- Inop vehicles. Working with owner and tenant to get property into compliance; revisit in 60 days if needed.
18201 VIA ARRIBA -- Other. Business run from house. Continue to monitor, revisit in 30 days and invite owner to attend.
1844 BOCKMAN ROAD -- Multiple/Lack of Gen. Maint. Much debris cleared, still some items in driveway. Remind that all must be removed within 30 days or fine and refer to attorney.
1778 VIA NATAL -- General Maintenance of Property. Board still working with owner and her attorney; revisit status in 30 days.
1733 VIA ESCONDIDO -- Inop vehicles. Owner has agreed to remove the vehicle by 11/10/07 or will fine and refer to attorney.
1824 VIA TOYON -- Multiple/Lack of Gen. Maint. All violations cleared, closing.
1544 VIA LACQUA -- Trailer 36 hrs+. Asking owner to remove the trailer within 30 days and to contact the administrator. Will recheck within 60 days.
1916 KELLER AVENUE -- Multiple/Lack of Gen. Maint. Property and lawn looks better; close out.
2043 BANDONI AVENUE -- Multiple/Lack of Gen. Maint. All debris removed from driveway; asking tenants to provide current registration on vehicle and to move it out of driveway from time to time. Will monitor for 60 days.
15932 PASEO LARGAVISTA -- Lawn height. Asking owner to remove Astroturf and to contact us regarding landscaping plans; revisit in 30 days.
17114 VIA CHIQUITA -- Lawn height. Lawn better; asking owner to water more often; closing.
1230 VIA LUCAS -- Lawn height. Owner planted new lawn; closing.
9.2 Variances
16129 Via Paro -- Shed already constructed. Denied as submitted. Owner will be asked to lower pitch of roof to 10 feet.
15944 Via Marlin -- Shed with gazebo covering. Denied as submitted until board does site visit and gets more specifics about the proposed structure.
Director Martins makes a motion to approve the hearing and variances as read, Director Sherman seconds, the motion carries. President Wulf abstains as he was not at the Work Session due to a conflict.
10.0 PUBLIC COMMENT
Resident Keith Barros stated that he was concerned with what transpired at the Eden Livability meeting. The people in attendance who were from the various agencies got the same vote as residents. He is concerned that the housing issue being discussed at these meeting is being put forth by a number of individuals who do not even live in the unincorporated area.
At this meeting it was shown that the most popular item that was of concern to those in attendance was that the County stick to its ordinances and codes and not over build. The second most popular was affordable housing, however it is not clear to him that the "residents" actually want this or whether the "agencies" voting are skewing the results.
Barros said that the next meeting is Saturday, October 27, 2007. He encouraged all residents to attend.
11.0 COMMENTS FROM BOARD MEMBERS -- The entire Board thanked residents who attended the evenings "Meet, Greet and Eat" event which occurred earlier before the meeting. They thanked those residents who took the time to stay at the meeting.
12.0 ADJOURNMENT -- President Bieschke adjourns 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 , Kathie Ready, Resident