The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, October 21, 1999 at 7:30 p.m. in the auditorium with President Jim Spears presiding over the meeting.

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

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

1.3 ROLL CALL - Directors Jim Spears, Dorothy Partridge, Jim Sherman, Millie Arieta and David Sloan were present.

2.0 MINUTES OF THE PREVIOUS MEETING

2.1 Approval of Minutes of Meeting No. 1027, Thursday, September 16, 1999 - Director Sherman made motion to approve the minutes, with a second by Director Sloan, motion passes unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 Alameda County Sheriff's Department - Officer Terry Bartholomew presented a poster to the Bohannon Organization for the Special Olympics. Officer Bartholomew stated that they have been very successful in San Lorenzo with respect to registering sex offenders. Bartholomew stated that a lot of these individuals have fallen through the cracks. Bartholomew reported that the San Lorenzo area had 41 sex offenders on record, but when the deputies investigated this further they found that many had died or relocated. There were only 20 in the unincorporated area of which 12 live in San Lorenzo. The Sheriff's Department has contacted these twelve and all are required to be fingerprinted, have DNA and saliva tests. Bartholomew invited all interested persons to come down to the station to look at these records.

Resident Anne Mrak asked if the recent crackdown on drugs in Oakland has affected the attitude with respect to the Sheriff's Department in Alameda County. Bartholomew stated that the department has made no changes and is currently still actively pursuing any leads related to drug activity for the area. He pointed out that recently the department was successful in getting a drug house out of the area on Via Descanso. Bartholomew stated that the next COPS meeting has been canceled but that the meeting on December l, 1999 will have CHP Officer Rob Tuazon speaking on behalf of his department.

3.2 CHP Department - Officer Rob Tuazon reported that the neighborhoods of Nielson and Via Del Sol will have speed humps installed. He also reported that bike lanes and pedestrian lanes will be installed on the overcrossing of Bockman and Grant. Tuazon stated that the CHP had received a call fromm Bob Preston, County Traffic Engineer, with respect to big rigs illegally parking on Worley Avenue. He stated the weight of these trucks could crack sewage lines. His department has been successful in warning the owners of these trucks about the problem and there does not seem to be any more trucks parking there at this time.

Tuazon stated that they have had the radar trailer out on Via Cordoba, Grant, and Bockman as well as Hesperian. He also stated that his department is working on several complaints in the Village area. One of these is on Via Melina where officers are out monitoring commuter speeds for the area. The other complaint dealt with people parking on Via Alamitos during commute times where there are no parking signs posted. The officers are out monitoring this. Statistics for the month of October: 21 vehicles were impounded; 225 citations were issued and traffic collisions are down. Tuazon announced that the CHP recently released a magazine in April of this year which highlighted pictures of everything that happens to an officer on a day to day basis. Tuazon stated the magazine is available for all those who wish to see it and gave a copy to the Association. Tuazon introduced Rick Baller as the newly appointed officer to the area. Baller stated that if a resident sees an abandoned or speeding vehicle to please call 510-581-9028 or fax the information to 510-581-9187. It was announced that as of November 1, 1999 the CHP will be receiving eight (8) new officers.

Resident Nancy Shelvy questioned what percentage of the neighborhood is needed to consider speed humps for a neighborhood. Tuazon stated that 85% of the neighborhood must be in agreement as well as those residence who will be in front of the humps must agree to have them installed there.

3.3 Supervisor Gail Steele - The Administrator stated that the Supervisor was attending an award dinner for one of our San Lorenzo residents and would not be present.

4.0 FINANCIAL REPORT

4.1 Approval of September 1999 Expenditures - Director Sherman moved with a second by director Arieta, that the Board approve the expenditures for September 1999. The motion was passed unanimously.

4.2 Discussion of Significant Variances - The Administrator said that there were no significant variances to report.

5.0 LIEN AND VIOLATION REPORT - The Administrator reported that five (5) liens have been released, and currently there are 228 cases open.

Inoperable/Unlicensed vehicle in front or side yard             9
Recreational vehicle in front or side yard area                22
General Maintenance of property                                52
Vehicle parked on lawn or other unpaved area                    9
Others                                                          9
Total Number of Letters Sent in September 1999                101

6.0 BUSINESS DEVELOPMENT REPORTS

6.1 Business Development Committee (BDC)/appointments - Barry Weiss represented Chair Thoms, who could not be present. Weiss reported that with the development of the Task Force the BDC is focusing on additional areas in conjunction with the process that the Task Force is looking at in the Village Square. The BDC has formed three (3) subcommittees. One is looking at redevelopment; another at other problem commercial areas and the third at developing a strategy to target San Lorenzo Businesses in the Village Briefs. The redevelopment subcommittee has been calling other areas who have utilized redevelopment and found that most of the input was positive. The only negative found with respect to redevelopment was the length of time that it takes. The subcommittee investigating other problem commercial areas is talking about what the definition of a "common area" would be in a business center and is in the process of drafting a letter notifying the tenants and/or owner of the problems. The subcommittee dealing with highlighting San Lorenzo Businesses is developing a letter to publish in the Village Briefs. Three articles will be published on a single page. Member Kathie Ready is developing these articles and the Villager is being explored as an additional venue for publication. Census 2000 was discussed at the meeting and the importance of volunteering for this event.

Weiss stated that the BDC nominated a new member at its last meeting, Anne Brichacek. Director Arieta made a motion to accept the nomination of Anne Brichacek to the Business Development Committee, Director Partridge seconds the motion. The motion carries unanimously.

6.2 Task force for Village Square - Weiss reported that the Task Force is operating well. They currently have had an orientation meeting and two regular meetings and have 100% attendance.

At the first regular meeting boundaries were established for the Specific Plan these boundaries not only included the Village Square area but down further past Lucky to the Lewis Rents facility on Hesperian. Weiss stated that a Specific Plans has similar effects as an ordinance. The group had talked about design uses, types of businesses, parcel shapes and the community make-up of San Lorenzo. Small verses large businesses were discussed. The consensus of the group after the first meeting was that it wanted a center that would have a community feel to it. Specialty and upscale stores were thought most desirable. The second meeting the economist talked about market considerations. The demographics were discussed and they were better than most people thought. They key issue according to the economist was a supermarket and pharmacy. He stated that there were room for more restaurants and discussed the issue of potentially closing Paseo Grande. The group has discussed making the Village Square area a civic center and expanding the commercial area on the east side of the Square.

Weiss reported that at next meeting the architect will come back with some preliminary designs. Weiss stated that if anyone is interested in anything the Task Force is doing they could look at his notes or go to the group's web page which is www.participation.com. Weiss encouraged the public to attend this meeting.

7.0 ADMINISTRATOR'S REPORT

7.1 Street Sweeping Program - The Administrator reported that last year the Association gave the sweeper away to a company in exchange for a reduce rate of street sweeping at $65.00 per hour. This company has been working with us starting last Monday and it will be helping our street sweeper our Monday through Thursday for four (4) hours in the morning. Fridays area is light and so the additional sweeper will only work four (4) days per week.

The Administrator recommended that tract 1761 (Via Bregani area) be changed from Monday to Fridays area and she will be checking with the county to see how this can be done. She will bring back this report to the Board at its November meeting. The Administrator stated that if the Association can get to all the streets consistently on Monday with the extra help, then she will be recommending that the street sweeping signs be enforced.

Resident Harry Curlett stated that the "NO Parking" street sweeping signs are not legal. He stated that they are not put up according to county ordinance and the lettering is too small. Curlett stated that he has a letter from the County Public Works Department stating that they will be changing these signs. The Administrator stated that she would check into this.

7.2 Closure of walkway between Andeta and Hesperian - The Administrator stated that the Association had a request from a homeowner to close the walkway between Andeta and Hesperian. The Office did a survey of all those home in the surrounding tract and found that of those who responded 67 wanted the walkway to remain open and 52 wanted it closed. The Administrator stated that she has a map of where the people are who responded and whether they were for or against the closure. She stated that she would recommend that the walkway be left open since a majority of the people wanted it to remain that way. The Administrator stated that at the work session the Board's consensus was to keep the area open.

A motion was made by Director Sloan and seconded by Director Arieta to approve the administrator's Report. The motion carried unanimously.

8.0 OTHER BUSINESS

8.1 Lorenzo Theater: SLZ specific plan/HP District -

The Administrator stated that Daryl Gray and Howard Beckman have been asked to come and speak to the issue of whether the Lorenzo theater should be considered as part of the Specific Plan or be designated as an HP district separately.

Gray gave some background on the issue. He stated that the Historical Commission, along with the Association Board initially recommended that the Theater be considered as an HP district. This was prior to the formation of the Task Force for the Specific Plan. After the Task Force was in place, Gray had gone back to the Parks Commission as well as the Planning Commission to recommend that the commissioners reconsider a stand alone HP designation. He stated that folding the designation into the Specific plan process would prevent the duplication of efforts. Gray said that consideration for uses and the zoning of the Theater could be looked at and dealt with in the Specific Plan process.

County staff, the Historical Commission as well as the Planning Commission, supported this recommendation not to consider a separate stand-alone planning effort for re-zoning the Lorenzo Theater property, but rather to allow for that consideration to go forward as a part of the overall Specific Plan process. Folding the designation into the Specific Plan would make the process cleaner, preventing a duplication of efforts and resources and would not impede the Theater Associations' application for State Historical Preservation process.

Howard Beckman stated he was deferring to other members of the Theater Board to speak on behalf of the foundation. He stated that he is speaking as a resident of the community. He stated that he has been very public about his support for the theater. He stated that there is a strong majority within this community that want the theater to be restored as a performing arts center. For the county to put this process on hold is ignoring what the community wants. Beckman stated that county has dictated in the past what can and cannot occur in San Lorenzo and it is happening again with the theater. He stated that the county needs to support the HP designation and restoration of the theater because there is a strong sentiment in the community that wants this to start now. This sentiment must be engaged and not avoided.

Larry Leal spoke on behalf of the Lorenzo Theater foundation. Leal stated that he is concerned that the theater designation has not been brought up at the Task Force meetings. If the designation will be folded into the Specific Plan why has it not been brought up at any of the meetings. Leal stated that the Foundation is going forth with State Designation. Leal stated that the foundation had discussed its concerns with the Planning Commission's decision and has been invited back on November 4th, when it may reconsider its position. Leal pointed out that the foundation was not invited to the first hearing and that it needs to relay what the community wants for the theater. He stated that the Association Board has supported the HP designation and that the theater is the last historical landmark for this area. Any deviation from obtaining HP status with the county is contrary to what the community wants for the building. Leal spoke about the foundation's attempt to negotiate with the prospective owner have not gone well. Negotiations have come to a stalemate and the group has offered an additional proposal to the doctor to reconsider, but has not heard from him in over four weeks. Leal stated that the HP status is even more important given the breakdown in these negotiations.

Leal stated that both the inside and outside need to be considered for their historical nature. He stated that if the prospective owner purchases the property, he could potentially tear the building down without county approval. Leal said that the Specific Plan will not guarantee the historical nature of the building both inside and out be preserved, and if something happens with the plan process there is no guarantee that the theater's historical significance will be preserved. Leal pointed out that with county HP designation the theater could still be considered on site plan for the Village Square.

The Administrator stated that when the Board approved the HP designation that it was with the understanding that the HP designation would allow for additional funding for the theater group. At the time of the last vote the consideration of the Task Force and its Specific Plan was not an issue. There are other factors that have come up since the Board's initial vote supporting HP designation and that is why the Board asked Gray and the theater group to come back and address those issues.

Gray stated that county staff has been directed to support the theater as a theater and its historical status. The HP designation is not being put on the back burner, but rather is being considered as part of the Specific Plan process. He stated that in this way you have one process working instead of two. Gray stated that the benefit to having the process folded into the plan is that you can look at areas beyond the property line which you do not in a straight HP designation process. With the Specific Plan, parking, street scape and other areas can be addressed.

Director Partridge asked has specific plan process looked at folding the theater designation into the plan. Gray stated that the task force has not discussed the HP designation per se, but it has included both the east and west side of the Village Square. One of the reasons the Task Force voted to include the east side, was due to the Historical Commission and the Planning Commissions vote to include the theater into the Specific Plan. The Task Force has agenized the Theater as a specific item for the November meeting.

Partridge questioned what the pros and cons were with folding the HP distracting into the Specific Plan. Gray stated that there would be no difference with the two processes. The distinction would be the same. Gray stated that the issue is whether two concurrent processes happen which do the same thing, or whether resources and time are saved by folding them into the larger Specific Plan process.

Partridge questioned whether it is conceivable that the Task Force could recommend that the Theater be used as another use. Would the Task Force process make it easier or harder to get HP Designation for the Theater. Gray stated that it would do neither. He stated that the County has already approved the Foundation going forward with the State for HP designation. He reemphasized that the benefit in folding the two processes into the Specific Plan would be nonduplication and the ability to look at the entire property -- both the structure and the surrounding area.

Director Arieta was concerned that whether the theater is considered as a stand alone HP district, or folded into the process she would like assurance that the theater be noted for its historical significance. Director Sherman stated that the Board voted originally to support the theater group's efforts to acquire HP designation and he sees no reason to change that vote.

Resident Brian Hudson stated that the issue is not HP status versus no HP status. The issue is whether the Specific Plan will include the theater. Resident Doris Marciel, elaborated on Historical Status. She stated that she has been working with the state regarding the theaters HP designation. She stated that to be considered you must show that the community backs you up for this designation. Marciel stated that she has worked with the county before related to the Ashland and Cherryland area Specific Plans. He understanding is that only the outside of a facility can be zoned or designated a certain way and that the inside can not be considered. This would mean that the outside of the theater would be preserved under the plan but not the inside.

Resident Kathie Ready asked that if the theater does not get HP status can a new owner then change the structure in anyway he or she wants? Gray stated that the land use designations for HP or specific plans are identical -- this can be done either with the Specific Plan of HP designation. Both these plans can state that the only permitted use for this site would be for a performing arts/theater center.

Resident Travis Thoms stated that the important thing is that the residents want to be assured that the theater will remain as a theater. Thoms stated that the HP designation will give the community the extra assurance that it needs that the theater will remain a theater. Gray stated that there is no guarantee that the HP designation will retain the theater's use as a theater. It could be set up as an office, a restaurant, or other facility just as it can in a specific plan.

Resident Diane Rinella stated that maybe the two plans can accomplish the same thing however she stated that the community cannot take a risk of the theater not being restored with an HP designation. Larry Leal stated that by designating the theater in a separate HP designation it will guarantee that the inside murals be preserved. The Specific Plan will not preserve the historical features of the building, but will deal with the zoning and land use issues of the building. Gray stated that contrary to Leal's last statement, the specific plan will address the theater and its historical features.

Leal stated that if the Theater was part of the Specific Plan the Task Force should be talking about the HP designation being folded into the plan and it has not. Gray stated that the historical status will be addressed by the Task Force at its November 2nd meeting.

Director Arieta stated that she would like to hear from the Task Force regarding whether the county will guarantee preservation of the historical features of the theater.

Sherman makes a motion to reaffirm the previous vote of the board to support a separate Historical Preservation designation by the county for the Lorenzo Theater. Sloan seconds the vote. The motion passes with a unanimous vote from the board.

8.2a Update on LAVWMA pipeline - Director Partridge stated that will be a sewage pipeline that will run from Livermore and hooking up to a San Leandro pipeline. The existing pipeline needs to be replaced. There has been a committee formed called the LAVWMA stakeholders committee that has been formed. Both she and the Administrator have attended some of these meetings. The county helped develop this committee with business owners on Lewelling due to the fact that part of the pipeline will run down Lewelling and the area will be affected due to the installation of this pipe. The businesses and residents will be disrupted by this and the communities were hoping to get mitigation through improved streets or sidewalks. LAVWMA states that it cannot due this because it would be deemed as a gift of public funds.

The only thing LAVWMA is responsible for doing is to patch the area where the pipes are installed. Partridge stated that residents may have seen that Castro Valley is receiving 3 million dollars from this project. The reason Castro Valley is receiving this is due to the fact that there were some changes in the plan for this construction and there was a 3 million savings which occurred and Castro Valley is receiving those funds.

Partridge stated that the final design will not be completed until May 2000 and the actual construction will not take place until the Fall of 2000. The County is not sure where the pipes will be placed in the street -- whether they will lay in the middle of the street or to the side. Partridge stated that there will be a major impact to residents in our area when this construction starts. Resident Marciel is working with this committee and has come up with a list of concerns that LAVWMA needs to address when the construction begins.

Doris Marciel stated that there will be a meeting with county personnel with relation to all mitigation that was addressed on the EIR draft. This subcommittee will come up with issues that need to be addressed prior to issuance of any encroachment permits.

Director Sloan asked if Oro Loma can be of any support. Partridge stated that they cannot give any support due to the fact that they are legally unable to do so. Marciel stated that she had brought this up at the Oro Loma Board meeting and they stated that they did not think that it would affect the area. Marciel pointed out that it will affect the business on Lewelling. There are 91 businesses on this street.

Partridge stated that the reason Castro Valley got the money due to the fact that the reconfigured a shorter route in their area for this pipeline. She announced that the committee and subcommittee will continue to meet with respect to the businesses on Lewelling and the impacts of this construction.

8.2b Board Approval of Delinquent Assessment & Foreclosure Policy for 1999/2000 - The Administrator stated that this policy is the same as it is last year. She suggested that the policy be reviewed by the Association's attorney to amend it to include any changes in the Sterling-Davis Act. If there are no questions she will let the attorney review it and bring it back to Board in November.

The consensus of the Board was to have the Administrator speak with the attorney and note any changes in the law and bring it back to the November meeting for approval.

8.3 Election Procedures & Appointment of Election Board - December 1999 - The Administrator read the attached Election Procedures for the upcoming election.

Partridge suggested that the Administrator try to solicit the judges by first contacting those who served in the past and if they do not want to participate-then to solicit others.

Resident Howard Beckman asked whether cumulative voting had been considered for the election. This would allow a household who felt strongly about one candidate could throw all its votes onto one candidate.

The Administrator stated that cumulative voting cannot be done in this election due to the fact that the by-laws would need to be changed and this procedure takes two readings. She stated that the Board could consider this for next year's election if it was desired by the Association.

Partridge questioned how this would change the voting. Currently each homeowner is entitled to two votes per person, so that each household has four (4) votes. The administrator stated that each candidate can currently get only two(2) votes per household. With cumulative voting, a candidate could receive four (4) votes.

Director Partridge makes a motion to approve the election procedures with one amendment, that the previous judges be contacted to serve first and if they cannot, the Administrator seek out other individuals to serve. Director Sloan second. The motion carries with the following votes:

Ayes: Partridge, Sloan, Sherman and Arieta
Abstentions: Spears

8.4 By-Law Change for Quorum from 4 members to 3 members - Administrator stated that according to the by-laws in order to change any portion of the by-laws two (2) readings are required. Page eight of the by-laws, article 16, section 5 currently states: "A quorum of this board shall consist of four (4) directors no action can be taken except by the affirmative vote of three (3) directors." The proposed change would read as follows: "A quorum of this board shall consist of three (3) directors, no action can be taken except by the affirmative vote of three (3) directors. The only word change would be from four (4) to three (3).

Director Partridge moves to approve the first reading of the by-law change in quorum from four (4) to three (3) Sherman seconds. The motion carries unanimously.

8.5 Acceptance of Audit report - The Administrator stated that she published the report in the September/October newsletter and had no questions or comments by homeowners.

Director Arieta made a motion to approve the Audit report for 98/99, Director Sherman seconded the motion. The motion carries unanimously.

9.0 PUBLIC COMMENT

Resident Harry Curlett presented a letter that he wrote to the Board - see attached.

Resident Keith Barros stated that all county staff with exception to Supervisor Gail Steele have not been supportive of the Lorenzo Theater and its HP designation. Barros stated that the theater being used as a vet clinic will destroy any change in HP designation or restoration. Barros questioned the credibility of the potential owner with respect to his past history with the California Veterinary Board. He stated the appointment of this individual to the county's Human Relations Commission is very troubling.

Resident Howard Beckman stated that he is concerned with the increasing population of the area and the increasing traffic. He stated that many of the houses in the area have three to four cars per household. Beckman stated the pressure on the property and the streets is enormous. People are parking all over their yards and are paving over their lawns to compensate for the amount of cars at a residence. The Association is allowing this to get out of control. Beckman stated that several years ago a man paved in his entire front yard and the new owner has just been approved to pave in the only lawn left which is a small strip in her side yard. Beckman stated that the policies with respect to the paving of front yards are not clear. He requested that these policies be clarified and be documented so that homeowners can see them. He apologized due to the fact that he wanted to speak with Association Staff prior to coming before the Board and addressing this issue but was unable to do so.

The Administrator stated that the plan that she approved wanted a portion (5 feet) paved and showed the middle portion which was 26 1/2feet as an unpaved area. What the Administrator found out was that the homeowner plans to dig out the pavement in this middle section and re-landscape it with lawn. She has left a message for the homeowner and will be following up on this matter to ensure that the middle portion is landscaped as was shown in the plans.

Beckman apologized for the misunderstanding and stated that he would like these approved plans/variances more public. To either have notice of application or variances posted or have them on the Web Site.

Resident Barros stated that he would like to see the Board make a decision on where it stands with respect to the theater and would like it on the next Association Board of Director's meeting agenda.

10.0 COMMITTEE REPORTS

10.1 Youth Resources Committee - Dorothy Partridge - None.

10.2 Airport Committees - None.

10.3 Council on the Prevention of Drinking and Driving - Director Sloan reported that the Zucchini Festival was not very successful for the group. He noted that since the council's inception DUI's have decreased. The council feels encouraged by these statistics. It has not had a lot of response at the various community events and is looking to disband.

11.0 COMMENTS FROM BOARD MEMBERS

Sherman stated that courtesy at the Board meetings is not only expected from Board member to audience but from audience member to Board member as well.

12.0 ADJOURNMENT - Director Partridge moved to adjourn the meeting, Director Sloan seconds, the meeting is adjourned at 10:15 p.m.

Respectfully Submitted,

Dorothy Partridge
Secretary-Treasurer

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