|Reposted by San Lorenzo Express|
SAN LORENZO VILLAGE HOMES ASSOCIATION
REGULAR BOARD MEETING
MEETING NO. 1511
March 16, 2017
1.0 MEETING CALLED TO ORDER – The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held on Thursday, March 16, 2017. President Wydler called the meeting to order at 7: 40 p.m.
1.1 SALUTE TO THE FLAG – President Wydler led the audience in the pledge of allegiance.
1.2 ROLL CALL – Directors Diane Wydler, Kathie Ready, Steve Kirk, Michelle Clowser and Emanuel M. S. Robinson were present.
*5.1 CHP (Timed Agenda Item 7:40 p.m.) – Officer Jackwith reported that they are still holding driving classes for teens and the elderly at the San Lorenzo library. In April the CHP will be concentrating on “distracted drivers”. Anyone holding a cell phone, I pad or any other type of device in their hands while driving, will be ticketed. He noted that distracted driving injuries and accidents are increasing every year and are almost as high as those caused by DUI’s.
**7.1 Review Rear Addition/Single Story of 435 sq. ft (bedroom/bath, laundry room, remodeling side yard porch), Preliminary Design, Dan Haigh, 15770 Via Corta (Timed Agenda Item 7:45 p.m.) –- The homeowner presented his designs to the Board and introduced his architect. He said the addition is a single story 435 sq. ft. bedroom with a new bathroom and is for his father who has Alzheimer’s. The Board asked what type of windows would be installed in the new addition, whether the lawn/grass area would be decreased and whether the existing patio door would match the new doors to the addition. The architect noted that the windows would be vinyl and match the existing windows at the side of the home. The lawn area would remain the same; the addition is covering an area that is already concrete/patio area. They have not determined what type of door will be in the new addition but would be willing to have it match the existing patio door. Director Kirk made a motion to approve the preliminary designs, Director Ready seconds, the motion carries unanimously.
7.2 Medical Cannabis Ordinance (update), Liz McElligott, Asst. Planning Director, C.D. (Timed Agenda Item 8:00 p.m.) –- McElligott said that she brought the draft ordinance before the Association Board in September 2016. Since that time, county staff has had many public hearings about the proposed changes to the ordinance, and has come back with the following: the original draft would have allowed six (6) dispensaries, but this has been reduced to five (5). Three would be allowed in West County (this includes the two (2) existing with one (1) additional (on the Fairmont campus) and the other two (2) in the East County agricultural area). No additional dispensaries would be allowed in the San Lorenzo area. The buffer of 1000 feet between any dispensary or cultivation site and “sensitive uses” (i.e.: schools, playgrounds, daycares etc.) would remain and not be reduced.
McElligott said dispensaries currently can have a maximum of 20 lbs of marijuana on site at any one time. The proposed draft ordinance wanted to allow an unlimited amount of marijuana on site; however changes were made to allow no more than 100 pounds at one time. The existing ordinance does not allow testing at a site. The new draft ordinance would allow some testing, but out of sight of any customers. It would also add two (2) additional cultivation sites to make a total of four (4) allowed. None of these cultivation sites would be allowed in San Lorenzo and/or any industrial, commercial or residential areas. Those allowed in agricultural areas will be pilot programs and have to be connected with dispensaries in good standing. These cultivation sites must get a conditional use permit through the county. McElligott reported that the public comment period ends on March 27, 2017 and the Unincorporated Services Meeting will be discussing this at its March 22, 2017 meeting at the Castro Valley Library. County staff should have its first reading before the Board of Supervisors in April 2017.
The Board had several concerns including: why was the impact for crime in the report “less than significant” with the increase in the number of dispensaries and cultivation sites -- when the sheriff’s office did not agree; who would determine the ‘permit/licensing’; how can the community be assured that these new cultivation sites will not end up in Specific Plan areas; and can the funds collected from the licensing/permits be recouped by the community in which they are operating.
Members had the following concerns: why the increase from 20 to 100 pounds of marijuana is being allowed at dispensaries; who are these people ‘testing the product’ at the site and are cultivation sites only in East County or are some being considered for West County.
Sgt. Schueller stated that although the county has a good working relationship and few calls for service with the current dispensaries; it cannot determine what the impact will be with the new operators and these additional dispensaries and cultivation sites. McElligott said that a consultant would be hired after the ordinance is in place to look into what fees for permits and licensing would be. They will not allow any new dispensaries or cultivation sites to open prior to the determination of these fees. McElligott said that the increase in the amount of product at the site was due to dispensaries asking to be allowed to have more. The operators of these dispensaries claimed that they often did not have enough product on site to accommodate their customers. The “testing’ on site would only be done by employees, out of sight of the customers and county staff plans to add some more criteria related to this in the ordinances final draft.. All new cultivation sites would be in East County where it is “agriculturally” zoned.
Director Ready thanked McElligott for listening to the members and the community. She was still concerned about these businesses being allowed in Specific Plan Areas. None of the Specific Plans mention a restriction for dispensaries or cultivation sites, because when they were written, these types of businesses were not allowed or permitted.
Director Kirk makes a motion to recommend additional changes to staff regarding this new ordinance which include the following:
1) That none of these dispensaries allowed under the ordinance, be located and/or operated within any Specific Plan Area; and
2) Any funds or fees generated or collected from these permitted dispensaries be distributed back to the area from which they were collected in.
Director Robinson seconds, the motion carries unanimously. President Wydler asked the Administrator to draft a letter with these changes to the county.
2.0 PUBLIC COMMENT - Items not on the Agenda –- A member reported about the monthly events at the San Lorenzo Library. A member was concerned about the increase in pot holes on Grant and Hesperian Blvd., and asked for the county’s help. A member was concerned about getting a letter from the Association about her motor home and asked the Board and Staff for assistance.
3.0 MINUTES FROM THE PREVIOUS MEETING
3.1 Approval of Board Meeting Minutes #1504 on January 25, 2017 – Director Ready moved to approve, Director Clowser seconds, the motion carries three (3) ayes, ( Clowser, Kirk, Wydler) and two (2) abstentions (Ready, Robinson).
3.2 Approval of Board Meeting Minutes #1506 (A) on February 16, 2017 – Director Ready moves to approve, Director Clowser seconds, the motion carries unanimously.
3.3 Approval of Board Meeting Minutes # 1506 (B) on February 16, 2017 –- Director Wydler asked staff if the correction she submitted was done. Staff, Kathleen Harrigan, reported that it had been incorporated into the final minutes. Director Ready moves to approve, Director Clowser seconds, the motion carries unanimously.
3.4 Approval of Board Meeting Minutes #1506 (C) on February 16, 2017 -- Director Ready moves to approve, Director Clowser seconds the motion carries unanimously.
3.5 Disposition of Executive Session Minutes #1507 on February 22, 2017 –The Administrator reported that this meeting was for CC&R violations. All Board members were present except for Michelle Clowser who was excused. There were 22 hearings at this meeting, six (6) owners were present and one (1) property manager was present. Seven (7) of these were closed, ten were fined, four (4) were given 30 days to submit plans and one (1) was continued to March 2017 work session to allow the owner to be present. There were also three (3) fine reviews. One fine was staid, one fine was reduced to $200 and one fine would be reconsidered for reduction or waiver if the homeowner removed the current tree and planted a new 24 inch box tree.
3.6 Approval of Executive Session -- Director Robinson moved to approve, Director Kirk seconds, the motion carries with four (4) ayes (Kirk, Ready, Robinson and Wydler) and one (1) abstention (Clowser).
3.7 Approval of Work Session Minutes #1508 on February 23, 2017 -- Director Robinson moves to approve, Director Ready seconds, the motion carries with four (4) ayes (Kirk, Ready, Robinson and Wydler) and one (1) abstention (Clowser).
3.8 Approval of Work Session #1509 on March 2, 2017 –- Director Kirk made one correction to the spelling of the proposed owner for the Mervyns’ parking lot site. Director Ready made a motion to approve the minutes with the correction, Director Robinson seconds, the motion carries unanimously.
4.0 COMMITTEE REPORTS
4.1 Community Event Committee -– President Wydler reported that Saturday April 15, 2017 is the Association’s Earth Day. Volunteer registration begins at 8:30 a.m. and routes will be set out in the Village for the cleanup. A free barbeque for all volunteers will be held following the event. There will also be a free-drug-take-back program held by the Sheriff’s Department from 9 a.m. to 2 p.m. Flyers fore the event and the drug-take-back are on the back table, anyone interested should contact the Association office.
5.0 COMMENTS FROM PUBLIC AGENCIES
*5.1 CHP –- See above, timed agenda item (7:40 p.m.)
5.2 Sheriff's Department –- Deputy Swallwell reported that on Monday April 3 at 4 p.m. they will be having their CALEA accreditation assessment in the Association Community Hall. He invited residents to attend and give input on how the sheriffs are doing in the community. Information about their Spring Citizens Academy is on the back table, and the Sheriffs’ will be helping with the Association’s Earth Day on April 15, 2017 and doing a “Free Drug Take Back”. Any homeowners with expired or unused prescription medication can drop them off from 9 a.m. to 2 p.m.
5.3 Supervisor Wilma Chan –- District Representative, Sarah Odie, reported that the Hesperian Streetscape project should begin in late spring 2017. The Supervisor is also working with Mr. Demmon about his plans for the Mervyns Square area and he will be bringing back full renderings of this project to the Board sometime soon.
Director Kirk asked Odie to check with the county to clarify some confusion as to whether the Hesperian Streetscape Project would be taking out any of the trees along the street and/or encroaching onto our homeowner’s property(ies). Director Ready asked Odie to let the Association know when the San Lorenzo Library sign would be installed. Director Kirk wanted Demmon to show how the “San Lorenzo Village” sign would be incorporated into his designs. Director Robinson asked that the “Community Identifier” for the freeway use “San Lorenzo Village” for San Lorenzo’s identification. He also asked that the Supervisor consider attending a Board meeting so that the community and the Board can let her know their concerns and ask questions directly to her.
5.4 Zoning Adjustments –- The statistics were left on the back table for residents.
6.0 FINANCIAL REPORT (motion required)
6.1 Approval of Expenditures – Approval of January 2017 Expenditures –- Director Ready makes a motion to approve, Director Clowser seconds, the motion carries unanimously.
6.2 Approval of Expenditures - Approval of February 2017 Expenditure -- Director Ready makes a motion to approve, Director Clowser seconds, the motion carries with four (4) ayes (Clowser, Ready, Robinson, Wydler), and one (1) nay, (Kirk).
7.0 OTHER BUSINESS (motions may be required)
**7.1 Review Rear Addition/Single Story of 435 sq. ft (bedroom/bath, laundry room, remodeling side yard porch), Preliminary Design, Dan Haigh, 15770 Via Corta (Timed Agenda Item 7:45 p.m.) – See timed agenda item.
***7.2 Medical Cannabis Ordinance (update), Liz McElligott, Asst. Planning Director, C.D. (Timed Agenda Item 8:00 p.m.)
7.3 Draft Budget 2017-12018, Discussion Prior to Publication to Membership -- Director Robinson reported that the draft budget only reflects through the end of February 2017; not the end of the fiscal year, this needs to be clear when it is published in the newsletter. Director Robinson moves to approve, Director Ready seconds, the motion carries unanimously.
7.4 Draft Reserve 2017-2018, Discussion Prior to Publication to Membership –- President Wydler said that this item will also be published in the newsletter for members to review and comment on. A member asked that the fans for the hall remain in the Reserves. Director Ready moves to approve, Director Robinson seconds, the carries unanimously.
8.0 ADMINISTRATOR’S REPORT
8.1 Operations –- The Administrator reported that the HVAC has finally passed inspection. Recently there was an inspection of the Association’s Community Hall kitchen by the Alameda County Health Department, where it received a 100% rating. The funds from Mercy Housing have been received, and staff will be meeting with them in the upcoming weeks to discuss what services the Association will provide. The Administrator thanked Supervisor Wilma Chan for her donation of $2000 to the Association’s Earth Day Event. He said that volunteers are needed for this clean up as well as to distribute door hangars for information on trimming/removing front yard trees.
9.0 LIENS AND VIOLATIONS REPORT (motion may be required) –- The Administrator said there were two (2) liens that have been released since the February Board meeting. The violation letters were as follows:
Violation No. of Letters Inoperable Vehicles in driveway 25 Recreational veh in front/side yard 11 General maintenance of property -- Yard maintenance 80 Unpaved parking 6 Holiday lights 51 Building maintenance 1 Working on vehicles 0 Barking dogs 0 Prohibited animals 0 Excessive noise 4 No home business 2 Other 31 Multiple violations 55 Plans needed 22 Total 288
Director Kirk moves to approve the liens and violation report, Director Robinson seconds, the motion carries unanimously.
10.0 CC&R REPORTS
10.1 Disposition of Executive Session #1510 on March 16, 2017-The Administrator reported there were 25 all Board members were present. Five (5) owners were present. Three (3) of these scheduled hearings were closed; eleven were fined; one (1) must be reviewed with county staff to direct the homeowner on how to proceed with planting of a tree; two (2) were continued to the next hearing in April 2017, so that the homeowners could be present; three (3) were “Thank you but…” --clean up other violations at property; one (1) will be monitored for four (4) months; one (1) was given 30 days to submit plans; one (1) was given 10 days to remove cars; one was given (1) 30 days to plant a new front yard tree; and one (1) was given 30 days to finish cleaning up the front yard. One (1) item was an update on a legal status and the Board will be discussing this further at its next executive session.
10.2 Approval of Minutes of Executive Session #1510 on March 16, 017-Director Kirk moves, Director Ready seconds, the motion carries unanimously.
11.0 BOARD REPORTS –- Director Ready thanked those members who stayed for the entire meeting.
12.0 ADJOURNMENT –- President Wydler adjourned the meetings 9:45 p.m.
Recorded and Transcribed by: Kathleen Harrigan, Operations Manager
Reviewed by: Eugene Osipov, Administrator