|Reposted by San Lorenzo Express|
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1429
June 16, 2015
1.0 MEETING CALLED TO ORDER The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday June 16, 2015. President Auten called the meeting to order at 7:34 p.m.
1.1 SALUTE TO THE FLAG President Auten led the audience in the pledge of allegiance.
1.2 ROLL CALL Directors Wes Auten, Steve Kirk, Kyle Carlson, Michelle Clowser, and Cheryl Hoffmann were present.
2.0 MINUTES FROM THE PREVIOUS MEETING
2.1 Approval of Board Meeting Minutes #1425 on May 21, 2015 - Director Carlson moves to approve, Director Hoffmann seconds. Director Kirk stated that he had one minor change under "6.4 Approval Front Yard Policy", paragraph two should read, "Director Kirk had 'a suggestion' under Maintenance Standards/landscaping..." not "two suggestions". Director Carlson accepts the friendly amendment, Director Hoffman seconds, the motion carries unanimously.
2.2 Disposition of Executive Session #1426 on June 9, 2015 - The Administrator said the Board met in Executive Session to discuss the proposed lease renewal with the Alameda County Fire Department. The County had recommended some changes to the new lease. The Board discussed these changes with the Association's Attorney via telephone and made recommendations in drafting a response.
2.3 Approval of Executive Session #1426 on June 9, 2015 - Director Kirk made a motion to approve, Director Auten seconds, the motion carries unanimously.
2.4 Approval of Work Session Minutes #1427 on June 9, 2015 - The Administrator stated that the work session minutes have not been drafted due to a computer problem, they would be approved at the next Board meeting.
*6.1 House of the Month - 1849 Keller Ave., Calyn Pascual: Award Presentation (Timed Agenda Item 7:40 p.m.) - President Auten stated that the homeowner was not able to be present but stated that this front yard is consistently kept very neat and is a mixture of drought tolerant landscaping and lawn.
3.0 COMMITTEE REPORTS
3.1 Community Event Committee - Director Hoffmann said the Business Expo was successful, there were a variety of business that attended, and nice door prizes donated. On July 10, 2015 there will be a "Movie Night" co-hosted by the Association and the Hayward Recreational District, (HARD). This event will take place at the San Lorenzo Little League Field and is free for the entire family. The Association will be celebrating its 70th Anniversary on September 19, 2015, with a Carnival, free Lorenzo Theater tours and more. The committee is meeting every two (2) weeks from now until September to plan for the event and all members are welcome to participate in the planning. Meetings are held on the second and fourth Wednesdays at 4 p.m. in the Bohannon Room.
3.2 CC&R Ad Hoc Committee - Diane Wydler, Committee Chair, reported that the committee is still waiting for changes from the Board on its draft Fence Policy and has started reviewing the Board's Outbuilding, Shed, and Workshop Policy.
**6.2 Exemption Fence, Front/Side Yard (corner lot), Kenneth Kirkpatrick & Yolanda Torres, 17981 Via Arriba (Timed Agenda Item 7:45 p.m.) - The homeowners presented their plans to the Board showing a proposal for a new back/side yard wooden fence that would be 6 ft in height and have a 10 ft setback from the street line. The homeowner also showed that the sight line for cars on the corner would not be affected by the placement of the fence. Director Hoffmann stated that the way she reads the CC&Rs no "structure" is allowed off the side or front line of the house. She noted that she got this definition from three (3) sources. According to Wikipedia, a fence is a "free-standing structure"; Miriam/Webster defines a fence as "a structure like a wall built outdoors usually made of wood or metal that separates two areas"; and Encarta says, "a fence is structure used to enclose an area or act as a barrier". She believes this type of fencing goes against the CC&Rs and will be voting against the application. President Auten said that the Board has been debating the definition of a fence as a "structure" for several months and will ultimately take this to the Association Attorney. Director Kirk stated that part of the Board's responsibility is to maintain home values. If a member is doing something that will increase or add to the property values of the home, this needs to be taken into account. The homeowner asked if the definition for fencing is something new to the CC&Rs. President Auten and Director Hoffmann stated that the Board is trying to update all of its current policies related to the CC&Rs and that the Fence Policy is one of the issues that is being discussed.
A member stated that the Association should update its rules to 2015. Security is an important aspect to consider when looking at this application. This home is on a busy street and the fence would not only improve the value of their home, but also provide the needed security for this family. A member said that a new fence policy has not been adopted and the Board cannot take any proposed policy language and apply it to this current application. A member stated that the current policy states that "fences exceeding three (3) feet in height, whether open or closed, may not be erected placed, or maintained on any lot between the front street line of such lot...and the nearest side line of such dwelling..." She recommended that no other fencing be approved until a lawyer gives the Board legal direction. Director Kirk moves to approve the application, Director Clowser seconds, the motion carries with four (4) ayes, Auten, Carlson, Clowser, Kirk and one (1) nay, Hoffmann.
***6.3 Exemption - 2nd Story Addition, Michael and Heather Rogers, 1797 Via Carreta (Timed Agenda Item 8:00 p.m.) - The homeowner's and their contractor presented the application to the Board. Staff noted that the surrounding neighbors had been notified of the addition and plans were made available for 10 days. Only one neighbor reviewed the plans and there were no objections filed against this application. Director Hoffmann asked about the windows and if the side stairwell window would allow the homeowners to look into their neighbor's yard. The contractor indicated that it would not. She also asked about the color of the skylights. The contractor stated that they would be brown and blend with the roof. Director Kirk moves to approve the application, Director Hoffmann seconds, the motion carries unanimously.
****6.4 AC Transit Changes in Bus Routes (Timed Agenda Item 8:15 p.m.) - Austin Lee, Transportation Planner, presented AC Transit's plan to improve transit in the area. He stated that they started reaching out to the public in the Fall of 2014. AC Transit hopes to have all community input by Summer/Fall 2015 so that they can implement new schedules/changes by early 2016. The money used for these changes is coming from Measure BB funds, 15% will be used for capital projects, and the remaining 85% will go into perations. This will allow for an increase in service to all areas as well as require AC to hire new perators/drivers. Lee stated that what AC has found through its community outreach is that both an increase in service and the need for better reliability of its service were the public's greatest concern. He presented maps to show where the increases would be and stated that new supervisors for the operators/drivers would be hired to oversee that the reliability of the service. Director Kirk said that Ashland/Cherryland/San Lorenzo has the highest density in the area and he wondered why these areas do not get the rapid transit buses that San Leandro, Oakland and other areas have. Lee stated that he was unsure as to why these areas have not been considered, however it may be based upon the number of riders using a specific type of transit in that area. He encouraged residents to let AC know where they would like to see these routes increased. With the Measure BB funds, all areas should see an increase of 15% in service. Director Hoffmann and an Association member stated that they would like to see a shuttle from Hesperian Blvd in San Lorenzo to the Bay Fair BART station in San Leandro.
*****6.5 Exemption - Fence (replacing), Front Yard (height step down), Matthew and Jennifer Eates, 1772 Via Sarita (Timed agenda item 8:30 p.m.) - The homeowner presented his application to the Board and stated that his fence would start at six (6) feet then drop to five (5) ft and then to four (4) ft in height. The six (6) foot portion would not come off the leading edge of his house. Director Hoffmann said that the current fence policy allows for side appurtenances similar to what is proposed however, it indicates these can only be three (3) ft in height and should have a minimum setback of ten feet from the street line. The homeowner said that he would be willing to adjust his plans to comply with what the Board approves. A member asked where the "street line" is being measured. Staff indicated that prior to the new Front Yard Policy the measurement was taken from where the gutter met the street pavement, however, the new Policy measures from either the top of the street curb or the line at the top of the rolled curb.
Director Kirk moves to approve an appurtenance for this homeowner that would come off the leading edge of the house at no more than 3ft in height with a 10 ft setback from the street line. Director Carlson seconds the motion carries unanimously.
******6.6 Exemption - Fence (already constructed) & Metal Gate, Side Yard (corner lot) Tignhei So, 390 Via Lucero (Timed Agenda Item 8:30 p.m.) - Staff indicated this is a new homeowner who started to construct his fence prior approval. The homeowner has stopped all construction until the Board reviews his proposal. The fence would be made of wood and 6 feet in height. The homeowner wants either a wooden or a metal gate on Via Primero, for side access. Staff noted that there was an existing side fence at the property, however this homeowner is taking that fence down and moving the fence four (4) feet out towards the street. The new fencing has a 10-foot setback from where the gutter met the street, but this does not comply with the new guidelines for setback that must be measured from the top of the curb. Director Kirk and Director Hoffmann stated that the setback does not comply with the Front Yard Policy. President Auten stated that he is concerned with the neighbor's driveway on Via Primero and his sight line. Director Kirk moves to deny the application, Director Carlson seconds, the motion carries unanimously.
*******6.7 Exemption Fence, Side Yard (corner lot), Michael States, 368 Via Lucero, (Timed Agenda Item 9:00 p.m.) -- The owner was not present. Staff presented the plans to the Board. The owner wants to construct a six (6) foot wooden fence along the side of his property with a 10-foot setback from the street line. The owner also plans to remove the 7 ft hedge that is currently up against his neighbor's driveway and this will improve his neighbor's visibility. Director Clowser moves to approve, Director Auten seconds, the motion carries with four (4) ayes Auten, Carlson, Clowser and Kirk, and one nay (Hoffmann).
4.0 COMMENTS FROM PUBLIC AGENCIES
4.1 CHP - Officers were present, but had to leave prior to giving a report. No report.
4.2 Sheriff's Department - Sgt Schueller reported for Deputy Stewart who was in training. The Cop Shop had its Flea Market/Fundraiser, which was very successful on June 6, 2015. The sheriffs recently checked on sex registrants in the area, who are required to register with the sheriff's department on a yearly basis. They found only one (1) individual who had failed to register.
4.3 Supervisor Wilma Chan - No staff member present, no report.
4.4 Zoning Enforcement - The report was left on the back table.
5.0 FINANCIAL REPORT (motion required)
5.1 Approval of May 2015 Expenditures Director Kirk moves to approve, Director Carlson seconds, the motion carries unanimously.
6.0 OTHER BUSINESS (motions may be required)
*6.1 House of the Month 1849 Keller Ave., Calyn Pascual; Award Presentation ( Timed agenda item 7:40 p.m.) - See timed agenda item above.
**6.2 Exemption Fence, Front/Side Yard (corner lot), Kenneth Kirkpatrick & Yolanda Torres, 17981 Via Arriba (Timed Agenda Item 7:45 p.m.) - See timed agenda item above.
***6.3 Exemption - 2nd Story Addition, Michael and Heather Rogers, 1797 Via Carreta (Timed Agenda Item 8:00 p.m.) - See timed agenda item above.
****6.4 AC Transit Changes in Bus Routes (Timed Agenda Item 8:15 p.m.) - See timed agenda item above.
*****6.5 Exemption Fence (replacing), Front Yard (height step down), Matthew and Jennifer Eates, 1772 Via Sarita (Timed agenda item 8:30 p.m.) - See timed agenda item above.
******6.6 Exemption Fence (already constructed) & Metal Gate, Side Yard (corner lot)Tignhei So, 390 Via Lucero (Timed Agenda Item 8:30 p.m.) See timed agenda item above.
*******6.7 Exemption Fence, Side Yard (corner lot), Michael States, 368 Via Lucero, (Timed Agenda Item 9:00 p.m.) -- See timed agenda item above.
6.8 Fence Policy (Revised) Board Proposed Language Re: Location The Administrator stated that there are two (2) versions of the proposed Fence Policy for the members to review on the back table. One is the Fence Policy recommended by the CC&R Ad Hoc Committee and the other is a Policy the Board has been discussing in Work Session. The Board discussed at length several changes to the wording and determined that the definition of "side" and "front" yards needs to be further discussed. The current Front Yard Policy defines the "side" yard as part of the "front yard". The consensus of the Board was to take this back to Work Session for further discussion clearly defining "front" and "side" yards, prior to giving it to the Association Attorney for review.
6.9 70th Anniversary Celebration (Sept. 19, 2015) Proposed Maximum Contribution $10,000 - President Auten stated that the Board has been discussing this item in Work Session and plans to give a maximum donation of $10,000 with the intent to recoup these funds through sponsors for the event. These funds are being set aside so that the CEC committee can move forward with the event in case it falls short of sponsorship. President Auten asked the Administrator whether this item needs to be voted on. The Board had budgeted well over $10,000 for all community events in its 2015/16 budget. The Administrator said that the Board needs to vote on this item in order to sign the contract with the vendor for this particular event.
Director Hoffmann stated that the $10,000 amount is a "worse case scenario" and a maximum the Association would be contributing. Director Kirk stated that he feels that the Association is already behind in organizing this event. He is afraid that if there is poor attendance, sponsors will not be willing to come forward for future events. Director Hoffmann stated that she has spoken with several people and organizations that are ready to sponsor.
Director Clowser stated that she has also talked with several organizations willing to sponsor the event and the county has already organized the Lorenzo Theater tours. She said the Board needs to move forward with its commitment to this event. The Administrator read an email from a member who could not be present at the meeting. The member stated that he was shocked that the Board would allocate this amount of money to an unspecified event for the Associations' 70th Anniversary. He noted that he had questioned the proposed $25,000 allocated in the draft budget for the "Special Events" category in April of this year. He felt that contributing this much money to the 70th Anniversary Event is an inappropriate use of membership dues. President Auten stated that the Board has been very transparent about all of its Budget items and had discussed increasing the budget item for "Special Events" due to the Association's 70th Anniversary, at several open meetings. Director Kirk stated that when this event was originally discussed, it was thought the County would contribute a large amount of money to organize this event, which it has not. If they had come forward with these funds, he would not have a problem with the Association allocating funds. Director Clowser makes a motion to cap the maximum contribution to the SLVHA 70th Anniversary to $10, 000, Director Auten seconds, the motion carries four (4) ayes, (Auten, Carlson, Clowser, Hoffmann), and one nay, (Kirk ).
7.0 ADMINISTRATORS REPORT
7.1 Operations - The Administrator announced that the new street sweeper should be here by early July 2015. The Association has had seven (7) entries thus far for our Landscape Contest. There are two (2) weeks left to get essays in before the deadline. The Association is currently working with the new database and becoming familiar with operating and troubleshooting information into it.
8.0 LIENS AND VIOLATIONS REPORT (motion may be required) -- Five (5) liens have been released since the May 2015 meeting.
May 2015 Violation Report
Number Violation No. of Letters 1/19 Inoperable Vehicles in driveway 12 2/22 Recreational veh in front/side yard 2 6 General maintenance of property 0 7/20 Unpaved parking 6 10 Yard maintenance 153 13 Holiday lights 0 14 No signs NA 15 Building maintenance 5 18 Lean/miss fence NA 21 Working on vehicles 0 23 Dogs/cats more than 2 NA 24 Barking dogs 0 25 Prohibited animals 0 26 Excessive noise 0 27 No home business 0 28/99 Other 14 30 Multiple violations 30 31 Plans needed 21 Total 233
Director Carlson moves to approve the Liens and Violations Report, Director Hoffmann seconds, the motion carries unanimously.
9.0 CC&R HEARING REPORT
9.1 Disposition of Executive Session #1428 34 CCR hearings The Administrator reported that there were 34 hearing; five (5) homeowners appeared. Twenty were closed, five (5) were fined; one (1) was carried over 30 days to complete plans; one (1) was closed pending approval of front yard plans; one (1) was carried over to the July Hearing Agenda per homeowner request; one (1) was closed for lawn and fined for tree trimming; four (4) were thank-you-but please addresses other issues; and one (1) was carried over 60 days for plans.
9.2 Approval of Minutes of Executive Session #1428 on July 16, 2015 - Director Carlson moves to approve, Director Hoffmann seconds. The motion carries unanimously.
10.0 PUBLIC COMMENT Items Not on the Agenda - A member requested that the CHP and the Sheriff be a priority on the agenda and be heard as timed agenda items.
11.0 BOARD REPORTS - None
12.0 ADJOURNMENT - President Auten adjourned the meeting at 10:06 p.m.
Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Susan Kleebauer, Administrator