Reposted by San Lorenzo Express



July 17, 2014

1.0 MEETING CALLED TO ORDER – The Regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, July 17, 2014. President Kavasch called the meeting to order at 7:44 p.m.

1.1 SALUTE TO THE FLAG – President Kavasch lead the audience in the pledge of allegiance.

1.2 ROLL CALL – Directors Catherine Kavasch, Wes Auten, Steve Kirk, Cheryl Hoffmann, and Kyle Carlson were present.


2.1 Approval of Board Meeting Minutes #1383 on June 19, 2014 -– Director Kirk moves to approve, Director Hoffmann seconds, the motion carries with three(3) in favor, (Kirk, Auten, Hoffman) and two (2) abstentions, (Kavasch, Carlson).

2.2 Approval of Work Session Minutes #1384 on July 8, 2014 –- Director Auten moves to approve, Director Kirk seconds, the motion carries unanimously.

*6.1 Variance – Addition to Front of Property - 1941 Keller Ave (Timed Agenda Item 7:45 p.m.) -– President Kavasch stated that this item was heard last month and carried over to the July meeting so that the Board could get a legal opinion from the Association Attorney.

Director Kirk moves to deny the variance, Director Auten seconds.

Discussion: The Administrator said the attorney reviewed the Association's CC&Rs and said they do not allow additions to extend beyond the leading edge of the house. Director Hoffmann stated that the Board is sympathetic to the homeowner(s), but cannot go against what is outlined in the CC&Rs. Director Auten said the homeowner could still add on to the home either by extending out to the back of the property, or by adding a second story. President Kavasch suggested the homeowner re-submit plans to the Association office that did not include an addition off the front of the house.

The motion carried unanimously.


3.1 Community Engagement Committee (CEC) -- Director Hoffmann reported that the next "Meet and Greet" will be an Ice Cream Social prior to the Board Meeting on August 21, 2014. The Association is sponsoring a free movie night in collaboration with the Hayward Area Recreational District (HARD), at the San Lorenzo Little League Park on Friday September 12, 2014. The snack bar will be open and the movie "Monsters University" will be shown. A special "blue guest" will be available for photos.

3.2 CC&R Ad Hoc Committee –- Director Hoffmann reported that the committee continues to make very good progress on the Front Yard Policy and is near completion on its revisions.


4.1 CHP –- A member reported for Officer Thomas who was ill. A free car seat check will be held on July 26, 2014 at the Castro Valley CHP Office, at 21020 Redwood Rd in Castro Valley from 10 a.m. to 4 p.m. The "Start Smart Drivers" course for teenagers will be held on July 28, 2014 at the Castro Valley Library from 6-8 p.m. CHP Officers will participate in several block parties on Tuesday, August 5, 2014 for National Night Out. A new program called "Age Well" for senior drivers will begin in August 2014. More information on this will follow. For questions or more information, Officer Thomas can be reached at 510-581-9028.

**6.2 Urban Agriculture Incentive Zones –- Community Development Agency, Liz McElligott, Asst. Planning Director (Timed Agenda Item 8:00 p.m.) – McElligott explained that the Urban Agricultural Incentive Zones Act is a new law (AB 551), that was signed by Governor Brown in September of 2013 and was implemented in January 2014. This legislation aims to increase the use of privately owned, vacant land for urban agriculture. Any landowner who agrees to participate, can potentially lower his or her property tax assessment on that land. The property would be leased for a minimum of five (5) years and the County would designate the zones for use and set guidelines. This program would not change the existing Alameda County Zoning Ordinance or the land uses that are currently allowed. McElligott said the EALI committee originally expressed an interest in the project and she has attended several community meetings in the unincorporated area to solicit input.

The Board expressed concerns about this type of conversion happening on Hesperian Blvd, which would inhibit the potential for economic development. The Administrator noted that the definition of "agricultural use" is more than just the tilling of soil for raising horticultural products. It also extends to the raising of poultry, livestock, and some fur-bearing animals and that this is prohibited by the Association's CC&Rs. McElligott stated that any plot of land converted for this purpose, would have to comply with both Alameda County Zoning and the Association's rules and restrictions.

A member was concerned about other potential problems. What if there were issues of noise or smell? McElligott said that there would be inspections of the property, which must comply with conditions that would be set forth in a signed contract between the parties.

A member questioned what happens to a landowner who cannot fulfill his or her contract for the full five (5) years. McElligott said that State law allows for cancellation of the contract. However, if the contract were cancelled before the five (5) year term, the property owner would be required to pay the County back any tax assessed savings that he/she accrued.

A member asked if this program could be used for marijuana grows. McElligott stated that no land has been used for this purpose, however State law does not restrict what can or cannot be grown on the land. Individual jurisdictions have the right to put restrictions on land use. The County Ordinance drafted for this program, would outline these restrictions.

A member expressed concern about how the County would monitor the land once it was leased. If Alameda County Zoning is the enforcement agency, it already has problems with understaffing.

McElligott said she will attend the Unincorporated Services Meeting in September and discuss community concerns. She will also present a map, at this meeting, which would outline the program's tentative areas of jurisdiction. Once the draft ordinance is complete, she will bring it back to the various communities for input, prior to seeking final approval from the BOS.

***6.3 Revised Tobacco Retail Licensing Ordinance – Public Health, CHS, Paul Cummings, Tobacco Control Director (Timed Agenda Item 8:15 p.m.) -– Cummings stated this ordinance would require all tobacco retailers in the unincorporated area to get a local license for the sale of tobacco and/or e-cigarettes. The ordinance has been revised since he presented it to the Board in October 2013. The changes were outlined as follows: Flavored cigars could now be sold, but must be sold in packs of five (5) or more versus packs of 20. The annual fee per retailer would be increased to $350 per retailer versus $200 per retailer and the fines, penalties and suspensions would be changed to allow for a warning for the first violation with fines and suspensions for subsequent violations increasing incrementally but less restrictive than the original ordinance.

Director Kirk was concerned about the fact that this ordinance is not fully funded. He expressed concern over a misconception from County Zoning staff that the Board had voted in favor of the ordinance, which it had not. Director Kirk said that the Castro Valley Municipal Advisory Council (MAC) appeared to have had more influence over the content of this ordinance than other communities. Director Auten asked why changes were made to increase the licensing fees, while decreasing the fines and penalties. This did not make sense, if the ordinance is trying to prevent sale to minors. He thought the fees for violating the ordinance should be increased. President Kavasch and Director Auten said the inclusion of e-cigarettes in the ordinance is too restrictive. There has been no proof that "e-cigarettes" have any harmful effects and they are not a "tobacco" product.

Director Kirk asked whether there is a sunset provision and what the current violation rate is. Cummings stated said that the violation rate right now is 8%, which is a little less than the State's average. There is no sunset provision for the ordinance. Director Kirk asked what guarantees will there be that this ordinance will be enforced. The County currently has a Tree Ordinance that it cannot enforce due to staffing issues. Cummings stated this ordinance will be enforced and staff could give the Board a monthly report. Director Hoffmann stated that she liked the original draft's restrictions for the cigars, the current draft's licensing fees and the original draft's fines and penalties.

A member wanted to know where the wording from the current draft came from and why the Castro Valley MAC was opposed to the ordinance funding itself. Cummings stated that most of the current draft revisions came from the Castro Valley MAC and he was unsure why the MAC was opposed to the ordinance funding itself. There was further discussion that if fully funded, the ordinance would be onerous to small businesses.

A non-member said he owns a small convenience store and these fees are very harmful for small businesses. They sell more than just tobacco, they sell milk, sugar and other items that are necessary for residents in small areas. These fees will put stores like his out of business. A member said she thought that the e-cigarettes pose a greater risk because you can put any substance in them.

Cummings said he would send the current draft to the Board and all residents who were interested. Director Kirk stated that once the Board received the current draft, he would like Cummings to come back to a Board Work Session to further, discuss the ordinance.

4.2 Sheriff's Department –- Deputy Culley was not present. A member gave a report of upcoming events. Monday July 21, 2014 is the Sheriff's Advisory Meeting in the SLVHA Community Hall from 4-6 p.m. Tuesday, August 5, 2014 is National Night Out at St. John Catholic Church, from 6-9 p.m. The COPP Shop Flea Market is on Sunday, August 17, 2014 in the old Mervyns Parking Lot from 8 a.m. to 4 p.m.

4.3 Supervisor Wilma Chan –- No report, no one present.

4.4 Zoning Enforcement -– The report was left on the back table.

5.0 FINANCIAL REPORT (motion required)

Director Kirk moves to approve the June 2014 Expenditures, Director Hoffmann seconds, the motion carries with four (4) in favor, and one (1) abstention (Carlson). 6.0 OTHER BUSINESS (motions may be required)

*6.1 Variance – Addition to Front of Property-1941 Keller Ave (Timed Agenda Item 7:45 p.m.) –- See above timed agenda item.

**6.2 Urban Agriculture Incentive Zones - Community Development Agency, Liz McElligott, Asst. Planning Director (Timed Agenda Item 8:00 p.m.) –- See above timed agenda item.

***6.3 Revised Tobacco Retail Licensing Ordinance – Public Health, CHS, Paul Cummings, Tobacco Control Director (Timed Agenda Item 8:15 p.m.) -– See above timed agenda item.

6.4 Approval Revisions to Code of Conduct for Director and Committee Members –- Director Kirk reported that a member had suggested some changes in wording to the Code of Conduct for Directors and Committee Members. Kirk noted that the proposed changes were as follows: under "Professional Conduct”, it currently says: "make promises to vendors unless with prior approval from the board." The proposed revision would state: "make promises to vendors or any entity and/or incur expenses without prior approval of the Board." Director Kirk made a motion to approve the changes to the Code of Conduct for Director and Committee Members, Director Auten seconds.

Discussion: A member thanked the Board for making this portion of the Code of Conduct broader so that it relates to all expenses. Another member noted some errors in grammar that needed to be corrected.

Kirk made a friendly amendment to approve the changes to the Code of Conduct for Director and Committee Members as read, as well as correct the errors in grammar. Director Auten seconds. The motion carries unanimously.

6.5 EALI Working Groups – Community Participation -– The Administrator reported that there is a Joint Leadership Committee meeting, on Wednesday July 30, 2014 at the Eden Church at 21455 Birch St. in Hayward from 6 to 8 p.m. The next Economic Development Working Group meeting will be held in the SLVHA Hall in September and she is still encouraging the group to hold a Governance Working Group Meeting in San Lorenzo.


7.1 Operations -– The Administrator reported that the Mercy Senior Housing Project went to the Alameda County Board of Supervisors (BOS) on June 24th and it was approved. She did not know whether an appeal would be filed against this decision. Mercy Housing has not contacted about the suggested revisions to the Memorandum of Understanding (MOU) between the Association and Mercy. This MOU was supposed to be signed as one of the conditions of approval. A landscape assessment has been done on the Association's grounds and she is waiting on a written proposal. The landscaper who assessed the property stated that the Association's lawn is drought tolerant and of good quality. She will bring the proposal to the Board in the next few weeks. Staff continues to review new databases for the Association and so far, it has seen seven (7) different programs. Staff will narrow these down to three (3) to bring before the Board.

8.0 LIENS AND VIOLATIONS REPORT (motion may be required) -- Ten (10) liens have been released since the June 2014 board meeting.

June 2014 Violation Report

Number  Violation                              No. of Letters

1/19    Inoperable Vehicles in driveway               7
2/22    Recreational veh in front/side yard           3
6       General maintenance of property               0
7/20    Unpaved parking                               4                   
10      Yard maintenance                             45
13      Holiday lights                                0
14      No signs                                      -
15      Building maintenance                          0
18      Lean/miss fence                               -
21      Working on vehicles                           0
23      Dogs/cats more than 2                         -
24      Barking dogs                                  0
25      Prohibited animals                            0
26      Excessive noise                               3
27      No home business                              0
28/99   Other                                        11
30      Multiple violations                           8
31      Plans needed                                  3

Total                                                84

Director Kirk moves to approve the liens and violations report, Director Carlson seconds, the motion carries unanimously.


9.1 Disposition of Executive Session #1385 on July 17, 2014 -- The Administrator reported there were 36 hearings, seven (7) homeowners appeared. Five (5) hearings were closed; 13 fined; one (1) was carried over; 14 were thank-you-buts; one (1) was carried over for 60 days and two (2) were carried over for 30 days for plans.

9.2 Approval of Minutes of Executive Session #1385 on July 17, 2014 -– No computer was available to take minutes at the work session. The item was carried over to the August meeting.

10.0 PUBLIC COMMENT – Items Not on the Agenda -- A member stated that he met with Supervisor Chan to discuss the lack of sufficient street lighting in San Lorenzo as well as the need for a MAC for San Lorenzo. A member was concerned about the visibility of the playground with the library construction going on and young adults using it as a hang out. A member asked that some of the timed agenda items be given more than a 15-minute slot. A member announced that Eric Swalwell would have a Town Hall Meeting on Thursday August 14, 2014 from 7-9 p.m. in the SLVHA Community Hall.

11.0 BOARD REPORTS -– Director Kirk asked the Board for a Special Work Session Meeting, open to the membership, to discuss Measure B. This measure will be put on the November ballot and is a transportation tax that funds billions of dollars in transportation projects. His concern is the amount of funding that is going to our unincorporated areas as compared to other areas. He would like the Board to take a formal position on this measure. This meeting would be held on Tuesday, July 29, 2014 at 6:30 p.m., after the Work Session appeals have been heard. Supervisor Chan and her staff will be invited.

President Kavasch thanked Director Kirk for looking into this issue and making sure that San Lorenzo is getting its fair share of funding.

12.0 ADJOURNMENT – President Kavasch adjourned the meeting at 9:41 pm.

Respectfully Submitted,

Steve Kirk

Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Susan Kleebauer, Administrator