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MINUTES
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1072
November 21, 2002
The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, November 21, 2002.
1.1 CALL TO ORDER -- President Kathie Ready called the meeting to order at 7:40 pm.
1.2 SALUTE TO THE FLAG -- President Ready led the Board and the audience in the pledge of allegiance.
1.3 ROLL CALL -- Directors Kathie Ready, Jim Sherman, Pat Pebelier, Peggy Sheridan and Enrique Barboza were present.
2.O MINUTES FROM THE PREVIOUS MEETING
2.1 Approval of the minutes of Meeting No. 1071, Thursday, October 17, 2002 -- Director Sherman minutes, Director Barboza seconds the motion carries unanimously.
3.0 COMMENTS FROM PUBLIC AGENCIES
3.1 Alameda County Sheriff's Dept. -- Freda Jones reported the following crime statistics in San Lorenzo for the month of October: six (6) stolen vehicles; six (6) recovered vehicles; five (5) commercial burglaries; six (6) automobile burglaries; five (5) residential burglaries; and seven (7) grand theft burglaries. It was asked as to where the automobile burglaries were occurring. Jones stated that the crimes occurred on Keller, Paseo Del Campo, Via Diego, Via Karl and Via Catherine.
Ready asked the sheriffs if they could increase patrols around the old Mervyn's parking lot at night between 9 and 10 pm. There are some suspicious cars gathering in the area. Deputy Kevin Lewis stated that the sheriffs office will be increasing patrols in the next several weeks, including having community policing deputies participate in night shifts.
3.2 CHP -- Officer Rob Tuazon reported that the CHP has been losing officers through transfers to different areas. They will be getting seven (7) new graduates from the academy which will be new patrols to the San Lorenzo area. He reported on the following statistics for the month of October:
CHP Statistics for October 2002
Type of Infraction San Lorenzo Total Unincorp. County Collisions 27 118 Tickets 138 485 Parking Tickets 15 62 Storage/Impounds 19 122 Stolen Recoveries 2 11 Parking Complaints 11 63 Total Warnings for CHP 1442Tuazon reported that he had to tell a resident that he couldn't paint parking spaces in the street in front of his house that it was public property for anyone to park. He said that his officers have cited residents parking up on the sidewalks on Via Granada, Via Linares, and the surrounding areas. The owners of these vehicles were given warnings and were told that the next time they parked in this manner they would be ticketed.
Director Sheridan asked if cars that were parked in the street could be covered. Tuazon stated that any car in the street whether covered or not has to be moved every 72 hours. She asked that the CHP check the cars parked at the corner of Via Poudre and Via Arriba.
Resident Keith Barros asked that the CHP take a look at the motor homes in the 15000 block of Usher which are being used as residences. Tuazon stated that he would let his officers know and have them look into this.
3.3 Supervisor Lai-Bitker -- The Administrator reported that staff member Kevin Dowling is on vacation and will report at next month's board meeting. She said that she had spoken with him about PGE and the tree trimming. PGE is apparently working with a new company called Trees Inc. They are now in the process of trimming the branches which encroach on the lower voltage lines. The county has reported to her that this company does have permits to do this. Director Sherman noted that this company is still not notifying residents prior to trimming. Ready stated that she went to a tree meeting where she found out they were not notifying homeowners prior to the trimming. She noted that they should be receiving more information on this issue at the next Unincorporated Meeting on December 4th.
3.4 Youth Advisory Commission -- The Administrator reported that there is no committee at this time. There has only been interest in Middle School for membership. Ray Grangoff is looking into getting high school students interested.
3.5 Public Comment -- Jim Grodnik, resident at 16046 Via Media, stated that he is upset about the street sweeping schedule. He stated that his street was supposed to get swept on November 11th and the sweeper was not in his neighborhood that day and has not come since that time. He said that he understands that there are times when resources are stretched thin but the Association should be able to prepare for these times . He suggested that the sweeper come out and finish an area on the following day if he is unable to complete an area. The Administrator stated that on November 11th the county was unable to help us due to their offices being closed for Veterans day. We sent out both sweepers but due to the heavy rains over the weekend and the fact that we did not have the county, we could not get to the whole area. She stated that although it is impossible to get back to an area the next day because the sweeper is scheduled to sweep a whole different area on each day of the week. There is no way to plan when a big storm will occur, the Association does its best to get back to areas that have not been swept as best as it can. Resident Roberta Furger noted that when the streets were flooded in this past storm she called Oro Loma and they came out within 30 minutes and cleared he street drain.
4.0 FINANCIAL REPORT
4.1 Approval of October 2002 Expenditures (including payroll) -- Director Sherman makes a motion Pebelier seconds the October expenditures (including payroll), the motion carries unanimously.
4.2 Discussion of Significant Variances -- The Administrator reported there have been no significant variances.
5.0 LIEN AND VIOLATION REPORT -- The Administrator reported that there have been five (5) liens released since the last Board meeting.
October 2002 Violation Report
Number Violation # of Letters 1/19 Inoperable Vehicles in driveway 16 2/22 Recreational veh/trailer in driveway 12 6 Lack of Gen Maintenance 10 10 Lawn Height 10 11 Dead Trees 0 12 Overgrown Vegetation 1 13 Holiday Lights 6 15 Building Exterior 6 16 Dirt Accumulation 10 17 Attractive Nuisances 3 18 Lean/miss fence 14 20/7 Unpaved parking 6 21 Working on vehicles 2 23 Dogs/Cats more than 2,0 24 Barking dogs 2 25 Prohibited animals 0 26 Excess noise 0 27 No Home Business 0 28/99 Other comments 4 Total 926.0 BUSINESS AND COMMUNITY DEVELOPMENT (BCDC) REPORT - Motions may be required by the Board
6.1 Proposed Service Station at Washington and Grant Aves. -- The Administrator announced that the owner of this property was supposed to present his plans at this meeting but is not present. The BCDC had looked at his plans at their last meeting. The plans called for a minimart and a franchise bagel shop with 12 gas pumps which would be open from 6 am until 11 pm. The bagel shop would have a drive-thru window for coffee and bagels. There would be service bays over where the apartment complex is so that the residents will not be affected by the noise since the service shop is open until 7 p.m. The BCDC encouraged them to put in trees and wanted more information on the traffic flow and the increase of traffic that it might cause. The item goes before the Board of Zoning Adjustments on December 11th. The BCDC hoped that the owner would clarify the question about traffic and the trees prior to that hearing.
Resident Howard Beckman stated that he had written to the owner prior to the BCDC about the property, however he had never received a response. Beckman said that the traffic information provided at the BCDC by the owner was raw and it is not the responsibility of the public to have to make sense of the data. The owner stated that he would capture a lot of the existing traffic, however his numbers are not consistent with the amount of new traffic generated by this facility. Beckman said that the promise of a bagel and/or coffee house is just that, a promise, and not enforceable. What prevents him from putting in a junk food shop which will attract the students from across the street at Arroyo, ultimately creating more of a traffic problem. Beckman suggested that the Board should hold the owner to his word of a bagel shop/coffee house. It was discussed as to how the board would hold the owner to a specific franchise promise. Resident Ernest Delli Gotti stated that the owner should have a letter of intent from the franchise in order to have their products at his facility.
Director Sherman questioned how traffic is going to flow with vehicles needing to turn into the driveway (s) at this facility. The traffic is already a problem with both the schools nearby and the traffic generated by parents and students.
Resident Barros agreed with Sherman about the traffic and asked that the Board get assurances from the owner about planting trees around the new facility as well as answering questions about the traffic.
Resident Dorothy Partridge questioned how the owner could have a "drive-thru" window when the county passed and ordinance prohibiting any more of these types of facilities.
Director Sherman makes a motion that the Board write to the BZA and ask that the issues of traffic, trees, the drive-thru window and the letter of intent from the franchise be addressed amd satisfied prior to the hearing and if not produced prior to the hearing the item be postponed until these issues have been addressed satisfactorily. Sheridan seconded the motion The motion carried unanimously.
6.2 Pinoy's Place 676 Bockman Rd. -- The Administrator said that this proposal includes a karaoke bar/restaurant. The BCDC had discussed this and had noted several concerns. It is isolated in a dark alleyway and behind residences with limited parking. Resident Lisa Gudjohnsen asked whether ABC would limit this type of establishment due to the fact that it is near a school.
Tona Henninger from Alameda County Zoning stated that residents and business persons can write letters of protest which the county could forward to ABC if requested to do so. The protest letters are taken very seriously.
Director Sheridan makes a motion to deny the application for "Pinoy's Place" which would be a restaurant/karoke/bar based on the fact that the location is dark, hidden, backs up to a residential neighborhood and has inadequate parking. Director Sherman seconds the motion carries unanimously.
6.3 Santa Fe Catering -- The Administrator reported that the Board had already looked at this application and had recommended approval with the conditions that they pick up any trash generated by their facility and redirect parking into the church parking lot on Hacienda and Via Toledo.
Henniger stated that BZA has not approved the permit for this facility yet and without the permit they will be unable to control how it runs its operations due to the fact that the original permit was granted several years ago. She noted that the way the original permit was written up the overflow parking issue was only suggested to go to this church parking lot and so she cannot enforce it as it is currently written.
6.4 790 Bockman Rd. -- The Administrator stated that the original permit was to allow 18 parking spaces where 21 are required. This application has changed due to the fact that the owner is revised his plan from a two story building to a one story building. She pointed out that the only reason he needs to get a permit at this point is because of the fact that this area is zoned residential (due to its proximity to Bockman School).
Beckman states that he has concerns with this proposal which is forcing the business owner of the service station out of his building. He states that the county needs to find a way to relocate retail business when rents are increased or they are forced out for other issues. He was also concerned due to the fact that there are two buildings at this site that are pre-19th century and may be demolished. There is nothing in the staff report to reflect this. Resident Mary Ann McMillan stated that if a historical building is slated to be torn down it must first be heard by the Historical Commission and Alameda County prior to any demolishing.
Director Ready stated that she did not remember the plans calling for any houses to be torn down. The Administrator stated that the plans were unclear. She said the new plans were just faxed to her and she would call the planner about the status of the other buildings.
Director Sherman makes a motion to deny the application as it stands due to the fact that there are historical buildings on the property which may be affected by the proposal. Director Sheridan seconds the motion. The motion carries unanimously.
7.0 ADMINISTRATOR'S REPORT
7.1 Info Update from Civic Partners -- The Administrator stated that the Board submitted a letter outlining its recommendations that were discussed at the last Board meeting. She said that they are now reviewing the letter and will come back in December with a preliminary report, after which there would be a community meeting.
Resident Roberta Furger stated that she has concerns about this letter that was sent. In the letter it was stated that these conditions were discussed at an open meeting. The last Board meeting was open, but it was not well publicized and not many of the residents attended as they did with the Town Hall Meeting. The developer is now reworking the proposal without proper community input.
Director Ready stated that at the Town Hall meeting the Board requested that the county look at parking and housing density as well as start the EIR process. This last meeting was just to give suggestions of numbers related to these issues. It is not a final number, only a suggestion.
Furger said that her main concern is the letter suggested that the Association property be taken out of consideration in the plan. This suggestion was made with incomplete information and she stated that she feels the members were misled about some of the issues that were on the table about this plan. She had read one of the letters from the developer which noted that the design presented to the Association was only schematic. The developer asked the Association to provide design changes for its proposed new office building/community hall and to give suggestions of what it wanted. It even noted that a playground and school could be accommodated in the plan. When Furger asked whether a playground was on the table she was told no. She was concerned that the public was not given all the pertinent facts about what was contained in this letter and was under the impression that a playground and school were not part of the original plan when in fact they were offered.
The Administrator stated that the developer stated that they could accommodate a playground at the front of Hesperian. The Board did not feel this was an appropriate place near a busy street. Director Ready noted that the Board did see this offer as a viable one. The playground was not only near a main thoroughfare, but also near the fountain which did not seem appropriate. Ready stated that the main reason the Board recommended that the Association property be taken off the table was due to the fact that it would be giving up 3 acres for a 5,000 square foot building.
Director Sheridan stated that the last letter to the developer was just a suggestion for changes. The Board did not feel that it had the right to give up so much Association property for a building without the consensus of association members. Furger stated that she understood the board's concerns about including the property, however, the letter it forwarded to the developer suggested to consider a new plan "without the Association property". This will now change the course of the developers plan, even if the Association finds out later that most of its members are okay with trading the land for a building.
The Administrator pointed out that the developer was asked if the Association building they designed would include land, but was told that was not part of the proposal.
Director Pebelier noted that the Board had felt misled by the developer in its various meetings with its representatives. When they would ask specific questions about the project, they would be given generalizations.
Furger said that she understands that the developer has been asking the Association for a response to its plan, however she did not understand why the Administrator and the Board couldn't have asked the developer to wait until it got an answer about the Association property from its membership first, prior to making any recommendations. She would have like to see more community input prior to the Board making its last set of recommendations to the developer.
Barros stated that he hopes the developer understands that the community still wants something for the area. He said that he feels the main concern about trading in the Association property for a building is all the revenue the membership would lose when it no longer got compensation for the buildings it currently rents out on the property.
7.2 Oro Loma Update -- Director Ready reported that she went to the recent Oro Loma meeting and voiced the Associations concerns with the proposed changes caused by the use of automated trucks for the recycling bins. The main concerns were parking problems with the cans being left in the street, street sweeping schedules and the question of insurance to cover new lawsuits generated by this new program. Resident John Partridge noted that Oro Loma agreed to work with the Association on the issues of street sweeping and debris left in the street from the bins. Oro Loma will make a decision on this in the near future.
7.3 Grant Ave Industrial Survey -- The Administrator reported that Beckman, Dorothy Partridge, and the Board had asked the county to take a look at zoning at the end of Grant Ave. The county wants to make it part of the Eden Area study which it has just initiated. It appears that all the issues that the Board was originally concerned with would be still be covered in the Eden Area study.
7.4 Miscellaneous Items -- The Administrator reported that residents from Via Enrico had met with Arroyo High school staff to discuss the parking and traffic problems generated by the students. One resident is starting a petition to limit the parking on Via Enrico during certain hours. However, if one street has limited parking, other surrounding streets would have to be included, per the Alameda County Traffic Engineer. The Administrator noted that the parking and the traffic is very bad in that area. There was a recent fire on Via Enrico and the fire truck was unable to get to the house due to parents who were blocking the streets in order to pick up their children from the high school. The Administrator asked the Board to make recommendations on how to proceed with this issue. It was suggested that a meeting should take place that involved not only parents and staff from Arroyo, but the school board as well.
The consensus of the Board was to create a subcommittee made up of school board members, association board members, neighbors and school staff to discuss this problem and come up with solutions.
The Board suggested the committee convene to meet in late December or early January.
The Administrator stated that she just received plans today for a shed to be placed on the Cal Trans property behind the Target on Hesperian. There are a number of concerns about these plans one of which is no landscaping, no entrance or exits on the plans. She asked the Board that since this item is time-sensitive that they direct her to write a letter to Cal Trans noting these concerns. The Board had no objections to the letter being written.
8.0 OTHER BUSINESS
8.1 Discussion and Possible Motion on Approval of CC&R Variances -- Director Ready reported that resident Howard Beckman had asked the Board that when homeowners apply for a variance through the Board that the Board's decision on each variance be announced at the subsequent Board meeting. The Board has agreed to do this at each meeting. The following are the Board's decisions on the most recent variances:
BOARD VARIANCES 11/21/02
803 Bockman -- Driveway extension to 26 ft total cement. Residential unit has an easement which would allow this much concrete and will still be no more than 50% total front yard paving. Approved with condition that homeowner put in 1 ft of plants to separate his cement from his neighbor's.
15765 Hesperian Blvd -- 12-inch white picket fence around tree and garden area. Denied.
16029 Via Segundo -- Exterior Paint revisited. Board previously denied paint which had been done without approval; asked that owner paint the gutters and trim white and then would revisit. Approved with the trim painted white.
1662 Helena -- 4 ft front yard fence, already constructed. Denied.
15871 Paseo Del Campo -- Front yard fence, 6 ft in height and walkway. Proposal was approved in 2000 but with 3 ft fence at very front of property, near front door; owner wants 6 ft fence there as well for "privacy". Continued for attorney's review. 6 foot fence at front of property denied; owner can only have 3 ft fence there.
8.2 Board of Directors Election Information (2 candidates for 2 positions) -- The Administrator stated there were two (2) seats available and only two (2) candidates who handed in papers, so there will be no election.
8.3 Final Approval of the 2003 Delinquent and Assessment Foreclosure Policy -- The Administrator announced that there are new is a new foreclosure policy that has been mandated by state law-(See Attachment A). All Associations are required to adopt these new procedures and she recommended that the Board adopt these. Director Sherman made a motion to accept the 2003 Delinquent and Assessment Foreclosure Policy, Director Barboza seconded the motion passes unanimously.
9.0 PUBLIC COMMENT -- The Administrator reported that there is a Hesperian Corridor meeting which will be held on January 7th from 7 to 9 p.m. This is the public's last chance to comment on the project and make changes.
Director Ready stated that she went to a county meeting where they were discussing sidewalk funds. She stated that all the unincorporated county gets only $250,000 per year to repair and install sidewalks -- this is a very small amount. She said that San Lorenzo is going to have to come up with redevelopment funds or other funds for repair. She was concerned that San Lorenzo residents or businesses would try to put in asphalt repair instead of sidewalks, which is much less appealing. Ready stated that we need to wait and see if Measure B funds can be incorporated with redevelopment funds to help repair sidewalks. San Lorenzo homeowners do not qualify for CDBG funds for this type of work because our income levels are too high in this area.
10.0 COMMITTEE REPORTS
10.1 Airport Committees -- Board representative Ernest Delli Gatti reported he had attended a meeting regarding noise at the Hayward Airport. The Airport Manager, Brent Shiner, Kevin Dowling and some San Lorenzo Residents were in attendance. Shiner was asked to contact a decision maker with the FAA to discuss options to reduce noise from the airport. Delli Gatti said that there are a few options. One is to have an automated system inside a pilot's cockpit to monitor the noise. The other option is to have the airport tower personnel have periods where they announce a "quiet in effect" for the airport. Delli Gatti stated that they are scheduled to have another meeting about this within the next couple of months. Director Sheridan asked if they have noise monitors in the Village. Delli Gatti stated that they do, however, when residents call about the noise, the airport has stated that the noise is within or below the decibel limit. Delli Gatti recommended to the Board that the airport manager, Bret Shiner, be invited to a board meeting to update home owners on these noise monitors.
There was no Oakland meeting this month.
10.2 Youth Meeting -- Resident Dorothy Partridge stated that the group is still trying to get off the ground. They were disappointed that they have not been able to solicit any highschool students for the San Lorenzo Youth Advisory Group.
11.0 COMMENTS FROM BOARD MEMBERS -- Director Ready thanked all the residents in attendance and asked them to notice the new community marquee the Board purchased for the community.
12.0 ADJOURNMENT -- President Ready adjourned the meeting at 10:27 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