Scanned and reposted by San Lorenzo Express


MINUTES

SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1057

December 20, 2001


The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, Nov. 15,2001.

1.1 CALL TO ORDER -- President Jim Sherman called the meeting to order at 7:38 p.m.

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

1.3 ROLL CALL -- Directors Jim Sherman, Pat Pebelier, Enrique Barboza and Kathie Ready , David Sloan were present.

2.O MINUTES FROM THE PREVIOUS MEETING -- Director Ready moved to approve the minutes from the October 18, 2001, meeting number 1056, Director Sloan seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES

3.1 CHP -- Officer Plant noted that the CHP has been stretched thin since the September 11th tragedies. This is why the report is so different compared to previous months. He stated that his department is trying to increase patrols in the area with more officers putting in overtime to help with the patrol. The following statistics were reported for October 2001:

CHP STATISTICS FOR OCTOBER 2001

                          # of tickets for entire
Type of Ticket            unincorporated area        # in San Lorenzo

Fix-It Tickets                   n/a                      n/a
Moving violations                n/a                      101
Traffic Collisions               n/a                       26
DUI                              n/a                      n/a
Vehicle Towed or impounded       n/a                       16
Parking Citations                n/a                       11
Stolen recoveries                n/a                      n/a
Resident Keith Barros asked about the accident on Paseo Grande and Via Granada which involved a motorcycle. Officer Plant was not working at the time and did not have any information on it. He stated that he would look into this and report at next month's meeting.

The Administrator asked whether the CHP would be giving the Association statistics for San Lorenzo on a monthly basis. Plant stated that the statistics he gave were for San Lorenzo. He did not have statistics for the entire area, but would have Officer Tuazon forward those to the Association. A resident on Via Manzanas stated that there is a lot of speeding on his street between 10 pm until 2am. This usually occurs from Thursday through Saturday. Officer Plant stated that he would look into this.

A resident asked what to due about inoperative/unregistered vehicles parked on private property. Officer Plant stated that the resident should call county zoning to report these vehicles. Director Pebelier asked the CHP to investigate a truck that parks up on the sidewalk near Paseo Largavista and Via Acalanes.

3.2 Alameda County Sheriff -- Technician Terri Langdon reported that her partner Deputy Frazer was on an assignment which involved the mother/daughter sale of drugs on Via Natal in San Lorenzo and could not attend. She reported that she and Deputy Frazer have been involved in community events the past month, including the San Lorenzo Village Children's Halloween Party and the Sheriff's Citizen Academy. She reported that she has started an active neighborhood watch on Via Del Rey. She also reported that the last Community Policing meeting went well with over 30 residents in attendance. The deputies have decided to meet every other month at Bay School. The next meeting would be held in January 2002 and would be discussing street problems and crimes in the San Lorenzo Village area. She said that many times residents do not know about the crime and problems that are occurring within their area. The CHP will also be represented at this meeting.

Langdon reported the following statistics for the San Lorenzo Area:

Crime Statistics for October 2001

Auto burglaries,6
Stolen vehicles,4
Grand Theft,2
Graffiti,3
Armed robberies,2*
Recovered vehicles,3

* Both suspects were apprehended in these crimes.
Langdon reported that the Sheriff's department is working on "Avoid the 21" during this holiday season. This is a program that gathers the 21 police agencies in Alameda county and they do pro active traffic enforcement and DUI arrests during the holidays. She also reported that her agency is going to implement crime prevention focusing on merchants during the holiday season to educate them on what to watch for with respect to theft or crime and how to avoid it.

Resident Barros asked whether her statistics included the crime that was committed mid to late September which closed off the intersection to Lewelling and Hesperian in San Lorenzo. Langdon could not remember all the details but stated that two teenagers were apprehended in what was determined as a false alarm for explosives in that area. She stated that since September 11th her department has been inundated with anthrax scares. She reported that the Alameda County Sheriff's department is currently busy with enforcing security at the Oakland Airport. There are 26 Deputies, 2 Sergeants, and a Lieutenant who have been assigned to the airport since September 11th. These assignments are temporary and the department will no more as to whether they will become permanent within the next month.

A resident asked about the status of the Via Natal situation. Langdon stated that she had nothing further to report this evening but asked the resident to contact her tomorrow with respect to the status of the situation.

3.3 Supervisor Alice Lai-Bitker

Nick Aragon, Aide to Supervisor Lai Bitker, reported that the Supervisor has been working on several issues within the community. He stated that his office is currently working on a collaborative with Hesperian Elementary School which would provide extra after school programs for this school. His office has been involved in co-sponsoring a Youth Forum with the San Lorenzo Youth Resources Group which will be held in the Community Hall on December 6th.

Aragon stated that the Association Board has a copy of the names of those who are now on the San Lorenzo Redevelopment Committee. He stated that the first meeting for the group would be held soon. He also announced that the Supervisor's new office is now open in San Lorenzo at 15903 Hesperian Blvd. The phone number is 278-0367 and he invited any residents to call the office with any concerns.

3.4 Public Comments

Resident Cheryl Weldon stated that she was very upset and concerned for the way in which PG&E and its contracted tree trimmer Davy Tree was trimming the trees away from the power lines. The agency used to "top" the trees in the past which she felt was not acceptable but now it has instituted a "V-cut" which cuts out the middle branches which are growing up towards the power lines, leaving the outer most branches. She stated that this way of cutting destroys the beauty of the tree and she is now concerned for the health of the tree and whether it will survive. She stated that she understands the importance of trimming the branches away from the power lines, however she does not see how the trees will grow back properly with the way in which they have been recently pruned. She said that the San Lorenzo Village Homes Association should have worked with PG&E to help prepare the community. She realizes that the Homes Association has no jurisdiction over PG&E but wanted it to be more active in the whole process of the trimming so that residents could have been more informed and possibly had a option of pruning the rest of the tree to retain the trees beauty.

Director Ready stated that last year when PG&E spoke before the Board, she voiced concerns with how they trimmed the trees. Her suggestion at the time was to have residents pay Davy Tree extra to trim and shape the tree to retain its beauty rather than top the tree.

The Administrator stated that Davy Tree had been invited to the Board meeting tonight, but declined. A representative from PG&E was in attendance and would speak after all the residents were heard. Resident Howard Beckman said that State law places certain responsibilities upon utility companies to trim branches around electrical lines. However he stated that each resident has the right to refuse the cutting of his/her tree, but then assumes the responsibility for the power lines near the branches. He pointed out that only those branches near the top electrical line are required to be trimmed and that the electrical company contracts out to another company to do the trimming on its behalf. He offered his services as an attorney to represent anyone free of charge with respect to the pruning of these trees. Beckman also stated that he is working on a proposal that would deem the trees in San Lorenzo historical.

The Administrator questioned whether the residents were given notice prior to the trimming of these trees A resident stated that he received notice that day via a green post card. He stated that when he tried to communicate with the tree trimmer, he had difficulty due to a language barrier between he and the man.

He questioned whether PG&E would explore the possibility of putting the electrical lines underground. Director Sherman pointed out that PG&E is having financial difficulties and just recently pulled out of an underground utility project in Ashland due to these difficulties.

Peter Beasley, the representative from PG&E presented pamphlets and information for residents regarding PG&E and its pruning away from power lines. He reported that the previous "topping" of the trees that PG&E had adopted for years was improper and detrimental to the tree. The "V-pruning" that they have now adopted is a proper way to trim the tree and allows the tree to heal more quickly and grow back more naturally. He stated that PG&E took a serious look into how the trees were being trimmed in the past and now is trimming the trees with a proper pruning practice which meets arborist standards.

A resident pointed out that he understands why PG&E must trim the trees away from the power lines, but does not believe that it is being done right. The "directional V-pruning" is leaving large branches at each side of the tree leaving it unbalanced and more susceptible to breakage in a large rain or wind storm.

Beasley stated that he has not seen any greater increase in trees failing due to the "v-cut" trimming nor has he seen branches fall more easily due to this type of pruning. A resident pointed out that he has seen a greater increase in limbs falling from his tree since the pruning. Beasley encouraged residents to read the literature that he brought and stated that PG&E would work with the community to educate them on its pruning techniques.

Director Ready pointed out that many of the trees still have branches in the power lines even after they have been trimmed. Beasley stated that PG&E does have quality assurance procedures throughout the trimming process and he has been out to inspect the pruning. He asked residents to report any problems to him and he would review them.

The Administrator questioned whether a homeowner has a right to refuse this type of pruning. Beasley stated that if a homeowner refuses the pruning PG&E will deal with them on a case by case scenario. He stated that if the homeowner wants to hire a contractor who is line certified and can clear the lines away from the power lines that is his or her prerogative, however the contractor must be line certified.

The Administrator suggested that a committee be formed with residents and PG&E to discuss alternatives to the pruning and bring these suggestions back to the next Association meeting. Beasley had no problem with this committee but stated that PG&E would continue to trim the trees as it has been. The Board had no objections to forming this committee. The Administrator asked concerned residents to contact her should they want to be a part of this committee. She would also include information about this committee in the upcoming Association newsletter.

4.0 FINANCIAL REPORT

4.1 Approval of October 2001 Expenditures -- Director Ready moved with a second by Director Pebelier that the Board approve the expenditures for October 2001. The motion was passed unanimously.

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

5.0 LIEN AND VIOLATION REPORT -- The Administrator reported that there have been 7 liens released this past month, and currently there are 520 cases open. There have been 103 letters that have gone out in October 2001.

October 2001 Violation Report

Number  Violation                            # of Letters
1/19    Inoperable Vehicles in driveway       31
2/22    Recreational veh/trailer in driveway  15
6       Lack of Gen Maintenance                1
10      Lawn Height                            4
11      Dead Trees                             1
12      Overgrown Vegetation                   2
13      Holiday Lights                         1
15      Building Exterior                     12
16      Dirt Accumulation                     13
17      Attractive Nuisances                   8
18      Lean/miss fence                        4
20      Unpaved parking                        2
21      Working on vehicles                    0
23      Dogs/Cats more than 2                  0
24      Barking dogs                           0
25      Prohibited animals                     2
26      Excess noise                           1
28/99   Other comments                         5
        Total                                103
6.0 BUSINESS AND COMMUNITY DEVELOPMENT REPORT -- See attachment A (Minutes of the BCDC).

6.1 Business Development Committee Recommendations

A. Auto Drive away Co. -- The Administrator stated that this type of business is a facility where you take your car to be driven to a particular destination. For example, if you are moving to Florida and flying to your destination, you leave your car with this business which then hires a driver to drive your vehicle to your new residence in Florida. The owner mentioned that there would be no more than 28 vehicles on this lot at a time. The cars are all fairly new, with most models being 1998 or 1997 vehicles. He submitted a plan that showed the average number of cars housed at another facility they own in the Bay Area. The average amount of cars on that lot was 8 to 10 at a time. The Administrator noted that the lot would be next to the San Lorenzo Post Office, however the office for the business would be next to H&R Block in the Albertson's shopping center.

The recommendation from the BCDC was to grant a temporary use of the facility for this business as it does not appear to jeopardize the Specific Plan. Scott Bohannon spoke on behalf of the Bohannon Organization who is owner of the property. He mentioned that all the leases his organization signs have release clauses should redevelopment come into the area. This business would be on a year lease with a review after that time. Bohannon mentioned that most of the cars at this same businesses sight in San Jose are new cars and there is very little traffic generated by the business. Director Ready was concerned with the use of large truck transporters which would transport many of these cars. Bohannon stated that he had talked with the owner and he had agreed that he will not load or unload cars onto these carriers during normal office hours.

A motion was made by Director Sloan to accept the Auto-Drive away business in the Albertson's Shopping Center with the stipulation that the loading and unloading of vehicles on cargo carriers would be done outside of normal business hours. Director Pebelier seconds the motion. The motion carries unanimously.

B. Landscape Business @ 2500 Grant Ave -- There Administrator reported that there was a hearing regarding this wood chipping facility. There were no neighbors present at this hearing. The Administrator stated that the Zoning Administrator asked to get an independent hearing regarding the amount of noise which would be generated by this facility, as there is a similar wood grinding facility in Milpitas. The item was postponed for 30 days.

The Administrator was concerned with the issue of a moratorium for new businesses on Grant Ave which went before the Planning Commission earlier this month regarding new businesses for this are. It was approved by the Planning commission and will be heard by the Board of Supervisors, however, the Commission was not clear as to how new proposals which were currently being heard would be treated. She received a email earlier today that indicated these proposals would not be part of the moratorium. The moratorium proposal will not be heard by the Board of Supervisors until February 2002. There are currently 6 to 7 proposals for Grant that have been on the zoning calendar. She was concerned with how these proposals would be viewed by the Board of Supervisors.

Resident Howard Beckman stated that the moratorium is not relevant to the passing of a conditional use permits that may or may not go before the zoning or planning departments.

The Board consensus was to postpone the vote on this item until the next Board meeting when the information on the noise of the other facility was available.

C. THARCO 2222 Grant Ave. -- The Administrator reported that THARCO was also on the hearing agenda in early November The Association has had only 1 complaint in the last four years about this ongoing business. There was one resident from the neighborhood present at the hearing to object to this business. The recommendation by the Zoning Administrator was to allow continued operation of this business for the next five (5) years. The Administrator noted that community members have nine (9) days with which to still object to this recommendation.

D. Redwood Christian School -- This would allow Creekside Community Church to continue using the site for its services. There were no objections from the BCDC and it was acknowledged that the San Lorenzo Unified School District Administrator had approved the church's use of this site via its contract with the district. The Administrator stated that the Association has never had any complaints about this church and she would recommend that the Board approve the church's continued use of the site. Director Pebelier made a motion to approve the continued use of Redwood Christian School by Creekside Community Church. Director Sloan seconded the motion. The motion carries unanimously.

E. Landscape Business 2500 Grant Ave. -- The Administrator reported that this proposal was to allow one office trailer at the sight with 15 to 20 employees. She has received no other information about this facility with respect to truck traffic or anything else. This hearing is scheduled prior to the next Board meeting. The BCDC stated they would object to this proposal if there was more noise and/or traffic caused by this business.

Resident Beckman suggested that due to the fact that the applicant has not provided the county nor the community adequate information about this business that it postpone this hearing until the community and the county has adequate time to review the proposal. Director Sloan makes a motion to request a Zoning hearing continuance until such time as the community and the county gets adequate information regarding the proposed business. Director Barboza seconds the motion. The motion carries unanimously.

F. 1970 Via Buena Vista, Mobile Home -- The Administrator announced that this is a proposal to have an a mobile home at the San Lorenzo Community Park for security. The BCDC had no objections Director Ready makes a motion to approve this proposal for a mobile home at the San Lorenzo Community Park for added security of the park, Director Sloan seconds the proposal. The motion carries unanimously.

G. Grant and Washington Proposal -- The Administrator announced that the developer came back to the with a new proposal which did away with the housing element of its application. The Association Board recommended at its last meeting that the developer have either a service station/carwash/mini-mart or housing, but not both. This hearing goes before the Zoning Administrator on December 12th. Director Ready makes a motion to approve this new proposal which would exclude the housing element of the development. Director Sloan seconds the motion. The motion carries unanimously.

Resident Howard Beckman stated that by approving this development, the community is setting a standard that this development is "better than nothing". He stated that by accepting a car wash across from an existing car wash is not good judgement. He pointed out that this corner is an entryway to our community and development for it should have a high set of standards.

Director Ready stated that she believes the Board has set some standards for the area and that the gas station is better than the alternative which has been looking at an empty lot that has been a continual eyesore to the community for years.

H. 1432 Via Lacqua, Continuation of a Dance School -- The Administrator reported that there were no objections for this school at the BCDC. Director Ready moved to approve this proposal with a second by Director Pebelier. The motion carries unanimously.

The Administrator noted that she had one other item which did not come before the BCDC. She announced that the restaurant in the old KFC building has changed ownership again and it applying for an on-site liquor/wine license. This would allow them to sell beer and wine at the restaurant with no off-site sales. She noted that the Board had no objections when the previous owner applied for this same application. The consensus of the Board was to allow the application.

7.0 ADMINISTRATOR'S REPORT

7.1 Street Sweeping Program -- The Administrator reported that tickets are now being issued and the program seems to be going well.

7.2 Grant Ave update -- The Administrator reported that those residents who attended the Planning Commission meeting regarding the moratorium on Grant would receive a report from the county on its progress with this idea. She was encouraged by the commission's willingness to look into this idea but was upset with the fact that existing businesses or those who already had plans with the county (IE: the rebar manufacturing business) would not be part of this moratorium. She announced that she and Beckman are working on a map of the area to see what the area has been zoned for and where variances have occurred. Anyone interested in helping out with this map should contact the Administrator.

7.3 Other -- The Administrator announced that the Unincorporated [Area Services Committtee] meeting for November has been cancelled.

8.0 OTHER BUSINESS

8.1 Specific Plan Update -- Nick Aragon, staff to Supervisor Lai Bitker, announced that his office will bring together the stake holders who are involved with the development of the plan for the Village Square to report at the January Association Board meeting. He said that this will enable further public comment on the issue and bring together the developer and the community to discuss what problems have occurred with respect to moving forward with this plan. He stated that the redevelopment committee would also be part of this meeting and planning process.

Beckman said that his fear is that the Specific Plan is now in the hands of the county Redevelopment Agency. He said that he warned of this all along and is concerned that the community is being lead by the nose by the county rather than determining the process itself. He said that he does not like the fact that the redevelopment committee has such a stake in the process.

Resident Keith Barros stated that he was concerned that redevelopment staff would bring back in the high density issue into the plan without the community's knowledge. He was also concerned about how redevelopment would move with the current plan and how much input it would have with the process for this development. He questioned who the committee members were for the redevelopment committee. The Administrator announced that the committee members were Director Ready, Director Pebelier, Pat Houck(resident), Edward Abramson(Royal Sunset Area), Scott Bohannon, Christy Beavers(Business owner-Christy's Flowers), and Catherine Hagenbush( at-large-resident).

Director Ready questioned whether the developer would present where they are in the process with the Specific Plan project. Aragon stated that the developer, architect, county planning staff and Supervisor Lai Bitker would all be present to discuss the status of the plan for the Village Square area.

8.2 Board of Directors Election 2002 -- The Administrator announced that there were three (3) residents who picked up election papers but only one who returned the forms. That resident was Jim Sherman and thus with one seat up for election and one candidate, he is once again a Board of Director for the next three years.

8.3 Foreclosure and Fine Policy 2002 -- See attachment D. Director Sloan makes a motion to approve the Foreclosure and Fine Policy for 2002, Director Pebelier seconds the motion. The motion is approved unanimously.

8.4 Final Approval of the 2000/2001 Audit -- Director Ready makes a motion to approve the audit report for 2000/2001. Director Pebelier seconds the motion. The motion carries unanimously.

8.5 Trees for San Lorenzo Cemetery (Pioneer Cemetery) -- Resident Howard Beckman reported that the county has received a grant to plant trees in the area. Beckman suggested that the county plant trees around Pioneer Cemetery and asked that the Board of Directors write a letter in support of his idea. The Administrator stated that Doris Marciel who is active in the historical society of San Lorenzo and responsible for helping renovate the cemetery had contacted her recently in opposition of the idea. She pointed out that the trees would hide the new iron fence which was recently erected, and would add to more vandalism and more trash and clean up of the cemetery. The Administrator pointed out that the area where the cemetery is located is not " San Lorenzo Village " but the unincorporated Ashland area and this is not the Board's jurisdiction.

Beckman stated that the Ashland Community Association supports his idea of the trees and that Marciel does not represent the whole community. Beckman said that the Board and the BCDC had discussed their concerns, in past meetings, about the condition of the entrances to the San Lorenzo Village area and how they reflect the community. The cemetery is one such entrance and thus is a legitimate concern for the San Lorenzo Village even though it is technically not "San Lorenzo Village".

Director Sloan asked whether the Ashland Community Association could come before the Board at another meeting and discuss the issue. Beckman stated that all he wants from the Board is a letter of support for the idea, it does not mean that the trees will be planted. He said that county tree coordinator, Jim Browne, suggested that he would consult with the Historical Society about the trees prior to planting to determine what would fit in with the cemetery and the area.

Director Ready makes a motion to draft a letter to county tree coordinator Jim Browne expressing interest in the idea for a plan to plant trees around Pioneer Cemetery. Director Barboza seconds the motion. The motion passes unanimously.

The Administrator pointed out that part of the grant money received by the county is to plant trees along Grant Ave in San Lorenzo and on Paseo Grande. She stated that she has spoken with Jim Brown to determine if other areas could receive these trees, i.e., along Bockman Road and Hesperian.

9.0 PUBLIC COMMENT -- Resident Keith Barros asked what the criteria is to get an item on the agenda. The Administrator stated that the item is presented to her, which she in turn, presents to the Board President for approval.

10.0 COMMITTEE REPORTS

10.1 Airport Committee -- No report.

10.2 Council on the Prevention of Drinking and Driving -- Director Sloan announced that the council is preparing for its student involvement award. The deadline for nominations is February 1, 2002. The award will be announced in March 2002.

11.0 COMMENTS FROM BOARD MEMBERS -- Director Ready thanked residents for attending the meeting. Director Sherman thanked the Association Staff for its hard work.

12.0 ADJOURNMENT -- President Jim Sherman adjourned the meeting at 10:01 p.m.

Respectfully Submitted,


Pat Pebelier
Secretary-Treasurer

Recorded & Transcribed By: Kathleen Harrigan, Sr. Admin. Assistant
Reviewed By: Kathy Ready, Board Member and Nancy Van Huffel, Administrator


Board Work Session, Nov. 15, applications for variances from CC&Rs:

A. 15877 Via Paro -- Side yard step fence with 8'6" set back from street. Approved with modifications.

B. 806 Paseo Grande -- Six foot fence with 20 foot set back from street, already constructed. Approved.

C. 16173 Via Primero -- Four foot side yard fence with 7 foot set back from street. Approved.

D. 17003 Via Margarita -- Seven ft. back yard fence to block neighbors view in rooms. Approved with referral to county.

E. 16181 Via Primero -- Three foot front yard fence around entire yard with 7 foot set back. Denied; board would approve fence if did not enclose entire yard (i.e., no front fence across yard).

F. 1578 Bandoni -- Eight foot back yard fence, property abuts Del Rey Park. Approved with county referral.

G. 1716 Bockman -- Extension of carport (design already approved). Approved.

H. 16129 Via Paro -- Addition with 3 foot set back from side fence. Approved with condition no windows on side; referral to county.