The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, December 21, 2000.

1.1 CALL TO ORDER - President Dorothy Partridge called the meeting to order at 7: 30 p.m.

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

1.3 ROLL CALL - Directors Dorothy Partridge, Jim Spears, Jim Sherman, Pat Pebelier were present, Dave Sloan was absent due to illness.

2.O MINUTES FROM THE PREVIOUS MEETING - Sherman moved to approve the minutes from the November 16 , 2000 meeting number 1043, Director Pebelier seconds the motion. The minutes are approved unanimously.

3.0 COMMENTS FROM PUBLIC AGENCIES -

3.1 Alameda County Sheriff's Department - Deputy Lind from the Alameda County Sheriff's Department reported that the Sheriff's Department has been investigating an increase in graffiti on Hesperian Blvd. There have been "tagggings" all along Hesperian, as well as in the alley behind the Homes Association and on the "Lamps Plus" building. His deputies are taking pictures of the graffiti to identify youth who may be involved as well as abating the graffiti and/or contacting the owner to abate the graffiti once it is spotted. Lind stated that he and technician Langdon have also been patrolling San Lorenzo's shopping centers. Last week the deputies arrested a 37 year old man for purchasing tobacco and tequila for a 15 year old minor from Bockman Liquors. Lind stated that there have been ongoing problems in this shopping center with litter and loitering.

Lind also gave the following statistics since the last Board meeting on November 16, 2000: See Attached Statistics (Attachment A)

3.2 CHP - The CHP provided November Traffic /Parking statistics for as follows:

CHP Traffic Statistics for November 2000


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

Parking Tickets               151                          15
Fix-It Tickets                204                         N/A
Moving violations             863                         141
Traffic Collisions             52                          21
DUI                            85                         N/A
Vehicle Towed or impounded    111                          18

Officer Tuazon reported that in the past month his department had 308 traffic phone calls. These phone calls range from parking violations to residents complaining about leaves dropping on their sidewalk from the neigbor's yard. Out of these 308 calls, 47 had merit, and 7 were in San Lorenzo. He encouraged residents to call and report any possible violations. A resident asked how residents on Via Chiquita received three (3) speed humps on their street within a block, however his street has speeding cars and has no speed bumps. Tuazon stated that the resident would need to contact Traffic Engineer Bob Preston with Alameda County to request a traffic study of the area to see if traffic calming methods are needed. He referred the resident to Preston for more information at 670-5577.

3.3 Supervisor Steele - Steele had stated that a new Supervisor was selected for Wilma Chan's seat who was recently elected to the State Assembly. There were five (5) prospective persons and the Board unanimously selected Alice Lai-Bitiker who was an aide to Chan for six (6) years. Steele stated that the Board wsas very pleased with Lai-Bitiker's experience and stated that she would complement the Board.

4.0 Public Comment - Resident Keith Barros stated that there are several important issues that are currently coming to a head in the San Lorenzo area. He invited any interested residents to meet with community activists, Board members or School district officiials to see how they can participate in issues that interest them. He pointed out that it is difficult for many residents to attend day or evening meetings and so it is important that they let local officials know how they feel when they do get to a meeting.

5.0 FINANCIAL REPORT -

5.1 Approval of November 2000 Expenditures - Director Spears moved with a second by Director Sherman that the Board approve the expenditures for November 2000. The motion was passed unanimously.

5.2 Discussion of Significant Variances - The Administrator said that there was a variance of $5000 over budget for the contracted street sweeper, however she noted that these funds will be able to be made up with the CC&R copying costs which she will report on in item 10.0 Administrator's Report.

6.0 LIEN AND VIOLATION REPORT - The Administrator reported that there have been no liens released, and currently there are 529 cases open.

Inoperable/Unlicenced vehicles in front or side yard         19
Recreational vehicle in front or side yard area              15
General Maintenance of property                              46
Vehicle Parked on lawn or other unpaved area                  9
Others                                                        9

Total                                                        98

The following motions were voted upon in this past meeting:

The committee made a motion 10 in favor, with 1 abstention to request that the Board vote to demolish the old KFC building as was the original agreement when the new KFC proposal was approved.

The committee voted unanimously to suggest that the Board allow a liquor license for beer and wine only for the market that was proposing to open in the old store where the ACE Hardware was located.

7.1 Business Development Committee's (BDC)motion(s)- Director Partridge noted that there were three (3) motions the Board needed to consider for this Board meeting. One of the motions was carried over from the November Board meeting.

A. Change the name and scope of the Committee - (Carried over from the November 2000 Board meeting) - Director Partridge questioned why the committee wanted to change the name of the Business Development Committee (BDC) to the Business and Community Development Committee (BCDC). Ready stated that the only reason the committee wanted to incorporate "Community" into the BDC was to draw more attention and participation from residents who may not have realized that the committee is concerned with not just the "business" aspect of this community, but rather developing the community for all residents.

Resident Harry Curlett opposed what the Board was undertaking. He stated that because the Board takes political actions, the Association dues are not enforceable. He stated that this activity is completely out of order, this is a Homeowner's Association and the Board should only be considering or discussing matters involving our homes.

Resident Travis Thoms stated that the idea for the name change was to give the community the idea that this committee is an opportunity for it to speak in an informal setting. The committee would like to get a vision for the area and to recommend policy for how that vision would occur.

Resident Keith Barros stated that he thought it was a good idea to incorporate "community" into the committee, because business and community success are intertwined in San Lorenzo.

Director Sherman questioned whether the committee is not already dealing with some community issues. Ready stated yes the committee does have some involvement with community issues and this is why it wanted to incorporate the name into its title. Director Pebelier stated that the group needs to try to get more participation from within. The Association Board is the forum for community input. Director Spears said that the committee needs to address the businesses first and leave the homes out of the process.

Ready clarified that the only reason for the name change was to get more community involvement within the group. She stated that the community is more than just five people who sit on the Board or ten people who sit on the committee. There is strength in numbers and the committee wanted to inspire more residents to participate in the process.

Resident Mary Reynolds wanted to know what the problem(s) would be with the changes proposed. Director Partridge stated that the committee was a Board appointed committee whose scope was originally to bring businesses into the Village Square area. Then other shopping centers/areas were added to the committee's scope (ie: the Lorenzo Manor Shopping Center Area). Partridge stated that the committee should continue to be involved in the businesses. The Specific Plan and Redevelopment will be in place next year and the committee will have many issues in which to be involved. She stated that the community can approach the Board with any other issues and she felt that the Board was the appropriate forum for these issues. She stated that the Board has always made decisions for the community and that the BDC is an advisory committee set up by the Board to deal with businesses in the community. She stated that the committee should continue to focus on businesses.

Reynolds stated that the committee wanted to continue to focus on businesses and that the change was merely within the name. Director Partridge stated that a change in name is not necessary to get more participation. Resident Thoms pointed out that the committee is not changing its charter, merely its name to get more involvement. Barros said that the quality of housing is directly affected by the businesses in the area. More community participation in the BDC meetings allows the community another forum to discuss and hash out these issues and make recommendations to the Board. Ready stated that the committee does not want to expand its responsibility, it realizes that it is merely a subcommittee of the Board and can only make recommendations. The changes requested were done so with the idea of encouraging more community input and participation into the process.

Director Sherman made a motion to accept the name change of the Business Development Committee (BDC) to the Business and Community Development Committee (BCDC). Pebelier seconds the motion. The motion carries unanimously.

B. Recommendation by the BDC that the Old Kentucky Fried Chicken (KFC) Building be demolished - Chair Ready stated that when the old KFC building was moved to the corner of Hesperian and Hacienda, KFC was supposed to demolish the old building. Prior to the move, a new owner purchased the property after the KFC move was completed. The old KFC building was not torn down after this purchase, but was turned into a Chinese Restaurant. She pointed out that although the Board had approved a change in colors for the shopping center, it had not approved or even discussed the colors of this old KFC building due to the fact that this building was to be demolished.

Supervisor Gail Steele said that she had reviewed the title report of the sale of the property and noted that no mention of the demolition of this building was mentioned in the report.

Lorenzo Manor Shopping Center owner, Lisa Lo, and her representative, Gordon Yip were present to discuss the property owner's position. Yip stated that when Lo purchased the property the only mention of demolition was to the old coffee shop. There was no mention of the old KFC building being demolished as well. Yip presented architectural drawings that explained the new configuration and landscaping of the old KFC building. He said that with the changes, parking would be increased in the area and the owner believed the image of the shopping center would be improved, thus attracting more residents to shop at the center. He pointed out that the old take-out window would be removed and a new window would be put into place so that the building would look more like a restaurant.

Director Spears questioned, that if the old Ace Hardware store was being turned into a market, would parking be more of a problem in the center. Mr. Yip stated that if the old building was removed it would only yield an additional 8 to 10 spaces for parking. Spears said that with the peak holiday shopping parking could be a problem for the center. Yip stated that shopping in any center is difficult during the holiday season and he pointed out that the new owner has hired an architect to work on this project to try and turn this 1950's shopping center into something more modern and appealing to the public.

Resident Emmanuel Santingen said that he likes the idea of new landscaping being added to the old KFC building, however the two pillars on the old building would remain, making it look more like a fast food building than a restaurant. He would prefer to see the building torn down and a family restaurant incorporated into the center. He stated that the community is in need of a restaurant of this type.

Resident Thoms stated that he could sympathize with the new property owner and with the fact that the demolition of this building was not revealed in the sale, however a deal is a deal. The county stipulated that the building had to come down with KFC's relocation. Someone from the county should have made the land owner aware of this.

Sebastian Lee, a representative with Ms. Lo stated that he felt it was unfair to hold the new land owner responsible for something she did not know. He pointed out that the restaurant could add more light and safety to the shopping center which is not very well lit. Reynolds stated that the homeowners behind this shopping center were not aware that this building would not be torn down, but would open as a Chinese Restaurant. This is not fair to them. Yip pointed out that the county had recently approved a building permit for the building and a health and fire permit had been obtained. Director Partridge noted that these permits had been obtained after the building was already opened for business.

Director Sherman pointed out that he was one of the few Board Members who was against the original move. He stated that he cannot support the old building staying. The original agreement was that it be demolished and this agreement should be kept. Director Pebelier stated that parking is currently a problem for the center and she cannot support another business going into the center which would further impede the parking. Director Spears agreed with Pebelier, stating that he had serious concerns about the parking. Director Partridge said she remembers that the move for KFC was of concern to some residents and that the agreement to relocate the building was contingent upon the old building being torn down. She said that while she feels sympathy for the new owner, she felt the original agreement should be kept.

Resident Curlett questioned how the Association has the right to be involved in this issue. Director Partridge said that the Board is making its recommendations to the county on this issue. She pointed out that the condition of this shopping center does affect homeowner's property values and thus is of concern to the Association.

Yip reported that the owner, Ms. Lo, is willing to do anything reasonable to make the shopping center better and wants to keep the old KFC building open to help with these improvements.

Director Sherman makes a motion to support the BDC's motion to recommend to the county that the old KFC building be demolished as was originally agreed upon with KFC's move. Director Spears seconds the motion, the motion is approved unanimously.

C. Recommend that beer license be approved for market at Lorenzo Manor - Barros spoke for Ready as she had to leave the meeting early. He reported that the committee had heard from the prospective owner who had stated his market would sell grocery items as well as beer and wine. The committee had recommended to the Board approve that it approve the application for the license as this would help with the new owner's business.

COMMPRE Representatives Thea Perrino and Carlin Stewart spoke on behalf of the organization. Perrino stated that COMMPRE is a combination of non-profit organizations in the county that has served the Hayward area for several years. COMMPRE's main focus is to limit the sale and use of alcohol beverages in the area. She pointed out that there is a county ordinance which limits the sale of wine, beer and distilled liquor to no more than 500 feet between each business. Perrino reported that the area where this market is proposing to do business there is a bar, a flower shop and a deli that all currently have liquor licenses. Each of these is less than the 500 feet required by the ordinance. She also stated that there is a business across the street from this proposed business that also sells alcohol. At the November 22, 2000 zoning hearing, the Zoning Administrator saw no reason to deviate from the current ordinance which would prohibit the license in this market.

Carlin-Stewart, Youth Organizer for COMMPRE, stated that she lives in the community and goes to school here. She pointed out that youth are very tempted to drink alcohol and that many are participating by the age of 13. She stated that there has been an increase in arrests of businesses selling to minors in the area. There are three (3) schools near this market, Royal Sunset, Lorenzo Manor Elementary and Bohannon Middle School. There are limited programs for activity for youth in this area and one more store selling liquor is not going to help with teenage alcohol abuse. She stated that COMMPRE is opposed to this application for this liquor license, not to the opening of the store.

Proposed store retailer, Jose Artega, stated that he will not have a large amount of alcohol space in his store. He stated that only 10 to 12 feet of the 500 square feet of his store will be dedicated to the use of this sale. He would only have 1 refrigerator dedicated to this type of product. Director Partridge questioned whether Artega would still operate a business in that building if he was unable to sell liquor. Arcada stated that he would probably not do business in the center if we was unable to sell beer and wine. He said that he would not be able to be competitive with other markets if he did not have all available merchandise in his store.

Resident Santigen stated that he opposed the recommendation from the BDC. There is a large population of middle school students who pass by the shopping center and he did not feel it was appropriate to have another establishment selling alcohol in that area.

Resident Thoms stated that he understands the store owner's position. A market needs to have as much merchandise available as possible in order to attract shoppers.

Director Sherman stated that the School Board had forwarded its opposition to this liquor license and asked if School Board President Betty Moose would like to speak to the letter that was forwarded to the Association Board. Moose stated that the School Board opposes this license, it believes that there are already too many stores near schools that sell alcohol and would like to see no more alcohol outlets in San Lorenzo.

Barros stated that with the BDC's recommendation to approve this license it also recommended that the license be reviewed on an annual basis.

Director Partridge stated that there are already many outlets in that one block area which are selling alcohol. Director Sherman makes a motion to not support the BDC's recommendation, but to oppose the application for a liquor license at this proposed business. Pebelier seconds the motion. The motion passes unanimously.

8.0 ADMINISTRATOR'S REPORT

8.1 CC&R Committee - The Administrator reported that the committee is looking at prioritizing violations as well as setting clear definitions for violations. She stated that the committee recently went out to look at violations that were ongoing in the Village.

8.2 Other informational items - The Administrator reported that the San Lorenzo Rotary Club had requested the use of the Little League field for a carnival in early January. The Board had discussed this issue in its work session prior to this Board Meeting and decided that January was too soon to schedule this event. The next planned carnival by the Rotary would be in August 2001. The Board would consider approving the carnival if parking issues were resolved with the school district and clean up and security were arranged with off duty sheriffs. The Board would also recommend that the neighbors within the vicinity be contacted for approval. The Administrator said that she would contact Rotary Club representatives with respect to the Board's decision.

9.0 OTHER BUSINESS

9.1 Rezoning of McMillian property at end of Grant from Light Industrial to Heavy Industrial (possible motion) - The Administrator reported that there was a community meeting on December 13, 2000 where residents had an opportunity to speak for and against this issue. She stated that a business of this type would bring an additional 54 truck trips onto Grant Ave. every day. Residents were concerned with how this would affect noise, traffic and the streets in the area. One resident has already asked the Association to hire an attorney with respect to this development. The Administrator stated that the Association may want to get an environmental impact report to see what effect the development would have on surrounding residents.

Director Sherman questioned what the Board was voting on at this time. He stated that it was his understanding that the Board was considering the change from "light" to "heavy" industrial zoning for this property. He said that if this is the only item to consider he would vote to recommend to County Zoning that this change not be approved. The Board and the community could discuss the issue of the use of this property at other meetings. The Administrator confirmed that the Board was only considering the change in zoning for the property at this time.

Director Sherman makes a motion to recommend to County Zoning that the property be kept at "M1" - Light Industrial. Director Pebelier seconds the motion. The motion is approved unanimously.

The Administrator announced that the next hearing on this issue is February 5, 2001.

9.2 Motion to amend five sets of CC&Rs for Tracts 688, 689, 690, 691, 697, 722, 767, 768, 788, 802

The Administrator stated that per law the Association must take out all discriminatory language in the CC&Rs by 2001. She found out that the cost to change this language was not as high as she anticipated because only 5 sets of the 47 sets of CC&Rs had language that needed to be changed. Only 2514 homes will need new sets of CC&R's versus over 5600 homes. The Adminstrator stated that every homeowner in these tracts will receive a copy of the amended CC&Rs. The amendments to these CC&Rs will include a table of contents, and remove all discriminatory language as required by the new State Law. Further, they will point out some provisions that have been superseded by State laws. The Administrator encouraged residents to read the newsletter where these amendments would be addressed and noted that these amendments were in compliance with the Sterling/Davis Act.

Resident Howard Beckman stated that he does not think the CC&Rs should be amended without the entire membership being informed so that all residents can read and understand what these amendments are.

Director Partridge said that the process for the CC&R amendments had been discussed at several Board meetings. She stated that the changes are not substantial and that the Board does have the right to amend the CC&Rs and that it has been mandated by the State to do so by the end of this year. The Administrator stated that due to time constraints she could not present these amendments any sooner than now.

Resident Harry Curlett stated that the only way he knew that the CC&Rs could be changed was by consent of the residents and the Association (the two parties involved). Resident Beckman agreed with Curlett and said that he felt the Board was going way beyond what the law allows an Association Board to do. Director Partridge stated that the Association was mandated by the State to make these changes and that the Board was following their advice of the Attorney. She stated that by law these changes must be in affect by 12/31/00. Resident Curlett said that his understanding was that the bylaws and the CC&Rs cannot be amended by the Board but only by the membership. Director Partridge reiterated that the CC&Rs would not have any major substantive changes, and the bylaws were not being changed.

Director Sherman makes a motion to amend the CC&Rs for the tracts named, Director Pebelier seconds the motion. The motion carries unanimously.

10.0 COMMITTEE REPORTS

10.1 Youth Resources Committee - Director Partridge announced that the group approved transferring $1000 it had received from the San Lorenzo Village Foundation to the Association's playground project.

10.2 Airport Committees - No report.

10.3 Council on the Prevention of Drinking and Driving - No report.

11.0 PUBLIC COMMENT -

A resident on Via Murietta stated that he has seen loads of rebar being transferred to the business at the end of Grant which has requested the change from light to heavy industrial is being heard. Director Partridge stated that the Board would look into this.

12.0 COMMENTS FROM BOARD MEMBERS - Each of the Board members thanked the residents and county officials for attending and wished everyone Happy Holidays.

13.0 ADJOURNMENT - Director Partridge Adjourned the meeting at 9:50 p.m.

Respectfully Submitted,

Jim Spears
Secretary-Treasurer

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