|Reposted by San Lorenzo Express|
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1393
September 18, 2014
1.0 MEETING CALLED TO ORDER – The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held Thursday, September 18, 2014. President Kavasch called the meeting to order at 7:47 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.
2.0 MINUTES FROM THE PREVIOUS MEETING
2.1 Approval of Board Meeting Minutes #1390 on August 21, 2014 – Director Kirk moves to approve, Director Auten seconds, the motion carries unanimously.
2.2 Approval of Special Board Meeting Minutes #1391 on September 9, 2014 – Director Carlson moves to approve, Director Hoffmann seconds, the motion carries unanimously.
3.0 COMMITTEE REPORTS
3.1 Community Engagement Committee (CEC) – Director Hoffmann reported on the September 12, 2014 free movie night held in coordination with the Hayward Area Recreational Park District (HARD). The movie "Monsters University" was shown at the San Lorenzo Little League Field and HARD reported that there were over 450 people in attendance. The Association handed out free glow sticks and Director Kirk dressed up like "Sully" and took photos with the children. Director Hoffmann thanked Director Kirk, the CEC members, School Board members Penny Peck and Isabel Polvorosa and the Sheriff's Department for their help with the event. The next CEC event will be the Association's Annual Children's Halloween Parade and Game Extravaganza on Saturday, October 25, 2014. Adult volunteers are needed. If anyone is interested, please attend the next CEC meeting , October 8, 2014, at 5:30 p.m. in the Bohannon Room of the Association's Hall.
A member suggested that the committee delegate at least 5-10 volunteers for clean up at the next movie event.
3.2 CC&R Ad Hoc Committee – Chair, Diane Wydler Chair, reported that the Front Yard Policy is near completion. It will go before the Board at the end of October. The next policy the committee will be reviewing is the Garden Appurtenance and Fence Policy.
4.0 COMMENTS FROM PUBLIC AGENCIES
4.1 CHP –- No Officer Present. No report.
4.2 Sheriff's Department –- Deputy Stewart reported that last month there was an armed robbery in San Lorenzo on Hesperian Blvd. and Bockman. He reminded residents to be aware of their surroundings as the holidays are approaching and crime does increase. His Department participated in Urban Shield in September, along with various other fire and law enforcement agencies. The COPP Shop is hosting its annual barbeque/fundraiser on Friday September 26, 2014. They will have a raffle, music and law enforcement vehicles on display. Tickets are $12 for adults, $6 for children 12 and under. He encouraged residents to attend.
*6.1 Review of Front Yard Fence –- 1745 Via Lacqua (Timed Agenda Item – 8:00 p.m.) – The homeowners produced plans for a six-foot solid wood fence after the fence had been constructed in their front yard. The Administrator noted that on this particular street, the houses are "L" shaped with the garage built out front and the living space at the rear. This fence does not protrude past the garage, so the fence itself would not be in violation of the CC&Rs. It is the "look" of the fence and how it fits with the existing neighborhood that needs review. The fence now blocks the view of the front of the house and a majority of the front yard.
The Board reviewed the plans and asked why the fence was built, if any neighbors had complained and whether all work was completed. The homeowner said the fence was built for privacy, all work is complete, and they did not know of any complaints from neighbors.
Director Hoffman stated that the fence as built, changes the original look of the home. It blocks the entire front view of the residence and interferes with the neighbor’s view of the street. If the fence were lower, she would have less of a concern. Director Kavasch asked if there were any other plans for landscaping to improve the appearance of the fence. The homeowner replied, no, but if she were required to add landscaping, she would.
President Kavasch moves for approval of the fence as built, and as acceptable and harmonious with the surrounding neighborhood, Director Auten seconds. Discussion follows. Director Auten stated that the fence does not appear to be finished. It needs to have a stain or paint to make it look complete. Director Hoffmann stated her concern is that this fence will set precedent to other houses in the neighborhood and it alters the appearance of the front yard and home.
Several members commented that the height and the look of the fence do not fit with the surrounding neighborhood. A member stated that the County considers the dwelling part of the house as the front, not the garage. A member stated that it is unfortunate that homeowners did not come to the office and submit plans prior to the construction. This would have allowed staff to review the plans and let them know what would be considered acceptable. A member stated that this complied with the CC&R’s and it is legal to build. A non-member stated that if it is not against the CC&Rs, it should be approved.
The motion fails unanimously. Director Kavasch told the homeowners they need to submit new plans taking into consideration what has been suggested. She asked the homeowner to view the fence the way your neighbors see it. Please submit new plans considering the neighborhood and your neighbors.
** 6.2 AC Transit Report on Measure B – Projects in SLZ & community input on AC Transit Service – Mark Williams, AC Transit Director, Representative, Ward 4 (Timed Agenda Item 8:15 p.m.) Williams introduced a staff member from AC Transit, Victor Landau. Landau said that AC Transit has received a grant from the Metropolitan Transportation Commission (MTC), for capital improvements along Hesperian Blvd. This should result in a better flow of traffic and increase the rate of AC transit service. AC Transit also plans to increase the bus lines 97 and 99 during peak hours on Hesperian within the next few months.
Landau stated that if Measure BB fails, it is unclear as to what will happen. There may be no impact to AC Transit's services. However if there is a downturn in the economy, without the funding, AC Transit would have to make cuts to its service. If BB passes, AC transit will receive 25 million additional dollars per year, which represents about 8% of AC Transit’s revenue. Landau noted that there are inefficiencies in AC Transit service in San Lorenzo and throughout Alameda County. Bus service could increase to every 15 minutes along major thoroughfares. AC Transit is currently holding a series of workshops around the area called "Plan/Act". These workshops hope to illicit direct public input into the types of transit service the communities want. Landau encouraged residents to attend the next workshop at Hayward City Hall on Wednesday October 1, 2014 from 6-8 pm. Other meetings are also being held in Oakland and Fremont.
Director Kirk stated that the current Measure B mandates that AC Transit give regular updates at the Unincorporated Services Meeting and this is not happening. He has not seen AC Transit at any of these meetings and he invited them tonight to address this issue with the community. He asked if AC Transit’s capital improvements along Hesperian Blvd will coordinate with the Hesperian Streetscape Project, currently moving forward. Landau said he is not familiar with the Streetscape Project, and they are under time restrictions with MTC funds, however they try to coordinate with any ongoing projects. Director Hoffmann requested that AC Transit consider hosting its public meetings in the unincorporated area. This would help to improve input from our residents. Director Kirk asked how the projects on the BB flyer came about. Landau stated that none of the items on the flyer are set in stone, they are merely ideas for future use of the funds.
Several members said the BB flyer is misleading when it mentions specific projects. A member said that the outreach for Measure BB has been lacking in the unincorporated area. A member stated that he is unhappy with AC Transit, the buses are old and unpleasant. He suggested buying new buses and/or putting in a shuttle to BART for the area. Williams stated that new buses were installed for the Hesperian lines over a year ago and invited members on a bus tour AC Transit is hosting tomorrow with Director Kirk.
The Administrator reported that she received the agenda for the September 24th, Unincorporated Services Meeting and AC Transit is on that Agenda for a Presentation. She encouraged residents to attend.
4.3 Supervisor Wilma Chan – District Representative Steve Jones, reported that Supervisor Chan is addressing issues related to the War on Poverty. The Supervisor is the Chair for the County's Health Committee and recently commissioned a study to address the causes of obesity in Alameda County. Nineteen percent of San Lorenzo's schoolchildren are overweight and 22% are obese. The Supervisor is looking at ways to work with the District to address this issue. Jones said that the City of San Leandro just approved $180,000 of Measure B funds to install pedestrian safety equipment at Springlake and Hesperian Blvd. An Arroyo High School student was recently killed by a train at this intersection. The County installed a warning light for the San Lorenzo Fire Station at Paseo Grande and Via Primero and the Supervisor's office placed 26 high school students from San Lorenzo into summer internships.
Director Kirk asked Jones to check into a drop off area for the Dig Deep Produce Program. Association staff could not accommodate the program and San Lorenzo still needs a site.
A member asked that plans be brought to the next Board meeting showing the outline of the project at Springlake and Hesperian. The Administrator asked if the Project Manager of the Library could be contacted to see what type of internet service would be used in the new Library. The Association recently tried to get Comcast high-speed internet for the office, but was unable to get the service due to no other business lines in the area. A member asked that the County inspect the Lorenzo Theater, it has vagrants sleeping under the marquee and old furniture stored in the alley. He asked that Supervisor Chan come to the upcoming EALI Economic Development Committee meeting. Important decisions are being made at these meetings and the Supervisor should take part in them.
4.4 Zoning Enforcement – The report was left on the back table.
5.0 FINANCIAL REPORT (motion required)
5.1 Approval of August 2014 Expenditures – Director Kirk moves to approve the August 2014 expenditures, Director Carlson seconds, the motion carries unanimously.
6.0 OTHER BUSINESS (motions may be required)
6.1 Review of Front Yard Fence – 1745 Via Lacqua (Timed Agenda Item 8:00 p.m.)* See above timed agenda.
6.2 AC Transit Report on Measure B Projects in SLZ & Community Input on AC Transit Service ** See timed agenda item.
6.3 Alameda County Measure BB – Transportation Sales Tax Increase, November 2, 2014 – President Kavasch announced that the Board is deciding on whether or not to take a stance on Measure BB. The Administrator said that copies of the ballot measure are on the back table for members to review. Director Kirk said that he is concerned about the Supervisor's lack of attendance at the Alameda County Transit Commission meetings. He recently spoke with the Supervisor's alternate, who attends these meetings, and she knew nothing about San Lorenzo's concerns. The Supervisor has not attended any of these meetings. This commission makes decisions on the allocation of transportation funding for Alameda County. The passage of Measure BB would extend and double the current transportation tax for an additional 30 years. Director Kirk said that Measure B funds have not been allocated to many projects in the San Lorenzo area and without representation for our area, there are no guarantees that Measure BB funds will be allocated any better.
Director Kirk moves to oppose Measure BB on the November ballot, Director Carlson seconds.
Discussion – Director Auten states that he does not feel the Board has the authority to take a stance on the issue and does not want to compromise the working relationship the Board has with County staff or its agencies. He suggested the Board take no stance on the issue. Director Kirk stated that if Measure BB does not pass, Measure B is still in effect for eight (8) years and staff could bring forth a new plan for funding transportation services. San Lorenzo has not been included in the discussion of Measure B or BB funding. We need business development in our area and transportation funding is what attracts this development. If San Lorenzo continues to be overlooked for funding, it is unlikely that new businesses will be attracted to our area.
There was a lengthy discussion by members in attendance. Several members stated that the Board should have no opinion on the issue. A member stated that whether or not the Board votes to oppose or support the Measure, it should not be based on politics. Another member stated that the Board should draft a letter to Supervisor Chan outlining its concerns, but did not think the Board should speak for the entire membership on this issue.
The motion fails, two (2) ayes (Kirk, Carlson), three (3) nays, (Auten, Kavasch, Hoffmann).
Director Auten moves to take no stance on Measure BB, President Kavasch seconds, the motion carries three (3) ayes, (Auten, Kavasch, Hoffmann), two (2) nays (Kirk, Carlson).
6.4 H.R. 4969 Invalidates HOA Rules & Architectural Standards – The Administrator stated that this bill would restrict all homeowner association's CC&Rs and Policies in controlling the installation of radio towers. She noted that the FCC has investigated this issue and saw no reason to restrict homeowner association's control. Director Hoffman said she researched this issue and found that these towers vary from 50 to 100 feet in height. The amount of wattage needed for the towers can affect surrounding television, cellphone reception and maybe harmful to residents. She reiterated the Administrator's report that the FCC saw no reason to restrict homeowner association's control on this issue. Director Auten stated that he was unclear on whether the Association should be enforcing laws on a homeowner’s right to use amateur radios.
Director Auten moves to take no stance on H.R. 4969 - HOA Rules and Architectural Standards, Director Carlson seconds. Discussion followed. President Kavasch stated that this bill is directly related to the issue of Association rights to impose restrictions on architectural applications through its covenants and policies and the Board has every right to take a stance on this issue. She did not believe the Association restricts radio towers currently, but this bill will set a precedent to restrict regulations on all homeowner associations and their ability to control architectural alterations. Director Hoffmann noted that some of the Association's CC&Rs do restrict radio towers in certain tracts.
A member stated that the Homes Association should oppose this bill because it would not only interfere with the Association's architectural control, but would also impact the livelihood of the neighborhood if a radio tower interfered with their cable, cell phone or television service. Another member did not feel the Association had enough information on this issue and should not take a stance.
President Kavasch stated that if the Association does not take a stance on this issue it could be vulnerable to the State overriding all homeowner association control over all architectural applications of its members.
The motion fails, two (2) ayes, (Auten, Carlson), three (3) nays (Hoffmann, Kavasch, Kirk).
Director Kirk moves to oppose HR 4969, Director Hoffman seconds, the motion carries, three(3) ayes (Hoffmann, Kavasch, Kirk), one (1) nay (Carlson) and one (1) abstention (Auten).
6.5 Ad Hoc CC&R Implementation Committee – Removal of non-participating members -– Director Kirk stated there are currently seven (7) appointed members to the Committee. Two (2) of these members have not attended a meeting for at least six (6) months or more and a committee member suggested the Board remove these members for lack of participation. President Kavasch stated that Davis-Sterling gives the Board the right to appoint and remove committee members and the Board's Code of Conduct does outline the importance of participation by an appointee. This committee is reviewing policies implemented by the Board and attendance is crucial for input and continuity.
Committee Chair, Diane Wydler stated that this issue was not discussed by the committee until last night's meeting. She did not feel it was appropriate to remove members without a warning. One of the members has had serious health issues and the other was not in agreement with some aspects of the Front Yard Policy and wanted to return to the committee after the committee has finalized its recommendations to the Board. President Kavasch asked whether the committee had made a recommendation regarding these member's at last night's meeting. Wydler stated that the majority of the committee members recommended removal.
Several members stated that appointed committee members should regularly attend meetings and if not, should be removed.
Director Kirk moves to remove the two (2) members of the CC&R Ad Hoc Committee who have not attended meetings for six (6) months or more, Director Auten seconds, the motion carries unanimously.
6.6 Use of Hall and Rental Fees – The Administrator said that the Association currently allows several community and nonprofit organizations to use the Association's Hall. Some pay rent for the use and others do not. The Hall documents do reference a Board Resolution in 1992 that allows for a discount for non-profits, however, there is no clear policy. The Administrator noted that two organizations have provided written requests to the Board for a waiver of fees; San Lorenzo Girls Softball, for its monthly board meeting and the League of Women Voters for a candidate forum. The Administrator recommended that the Board review the requests from these two organizations and defer its decision on a policy until further information/discussion can occur.
Director Hoffman stated that she and Director Carlson would be willing to review the hall rentals and make recommendations for a policy to the Board.
Director Kirk moves to waive the fee for both San Lorenzo Girls Softball and the League of Women's Voters Candidate forum until the Board develops a policy¸ Director Hoffmann seconds.
A member said he thought it was a good idea to set a policy for fees.
The motion carries with four (4) ayes (Auten, Carlson, Kirk, Hoffmann) and one (1) nay (Kavasch).
6.7 EALI Working Groups Community Participation - The Administrator encouraged residents to attend the next two working group meetings at the Association Hall. The Governance meeting is on September 25th and the Economic Development meeting is on September 30th. There will be free ice cream at both meetings. Director Kirk also encouraged residents to participate in the Public Safety Meeting. They are looking at building a probation center at East 14th and Mattox, which is currently owned by the County and a prime spot for business development.
7.0 ADMINISTRATOR’S REPORT
7.1 Operations – The Administrator stated that the Association trees will be trimmed and treated on Monday September 29th at a total cost of $6,300. A-Plus Tree Service has offered to provide similar rates for neighborhoods in the Association if they agree to trim 30 trees within the same area. The Administrator stated that the Association would be willing to coordinate this so that homeowners could get reduced rates to maintain their trees. The Administrator and Operations Manager have reviewed several different software data base programs in an effort to upgrade the Association's software. Two (2) companies have been chosen for a final review with the Association's IT professional and a final review for the Board will be ready within the next month. The Street Sweeper and the Administrator recently looked at purchasing a 2014 street sweeper and the information was reviewed by the Board at a recent Work Session.
7.2 Board Election – The Administrator stated that the 2015 Board Election is near. The packets needed for nomination will be available to prospective board members on October 10, 2014. There are two seats up for election and if more than two candidates are validated, there will be an election. The dates corresponding to all election deadlines were available for residents on the back table and will be posted in the September/October Village Briefs.
7.3 Landscape Expo & Community Meeting – The Administrator stated that the UC Berkeley Landscape Design class will present its initial designs to our members on October 30, 2014 from 7:30 to 9:30 p.m. These designs will take into account San Lorenzo's soil, weather and the Association's CC&Rs. The class will finalize its designs in December 2014 and the Association will display these in its Landscape Expo in April 2015. These are free designs for our members that will be drought tolerant and include maintenance instructions. All residents are encouraged to attend.
8.0 LIENS AND VIOLATIONS REPORT (motion may be required) – Seven (7) liens have been released since the August 2014 meeting.
August 2014 Violation Report
Number Violation No. of Letters 1/19 Inoperable Vehicles in driveway 15 2/22 Recreational veh in front/side yard 2 6 General maintenance of property 0 7/20 Unpaved parking 3 10 Yard maintenance 23 13 Holiday lights 0 14 No signs NA 15 Building maintenance 0 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 2 27 No home business 0 28/99 Other 4 30 Multiple violations 6 31 Plans needed 10 Total 65
Director Kirk moves to approve the liens and violations report, Director Carlson seconds, the motion carries unanimously.
9.1 Disposition of Executive Session #1392 on September 18, 2014 – Administrator reported there were 50 hearings, and five (5) owners appeared. Twelve (12) of these hearings were fined, twenty-one (21) were closed, eight (8) were thank-you-but letters, five (5) were carried over for 30 days, two (2) were carried for 60 days, one (1) was carried over two weeks for valid registration on a vehicle, and one (1) was repaint decorative trim and gutters. There were two (2) fine reviews on the agenda that were carried over to a special meeting on September 29, 2014.
9.2 Approval of Minutes of Executive Session #1392 on September 18, 2014 – Director Kirk moves to approve the Minutes of Executive Session #1387, Director Kirk seconds, the motion carries unanimously.
10.0 PUBLIC COMMENT – Items Not on the Agenda – A member stated that the San Lorenzo Unified School District's Department of Child Nutrition recently purchased nine "Stryrogenies" for approximately $90,000, for the purpose of returning to a cheaper food tray at each of the elementary schools. The machines would melt these Styrofoam trays into reusable bricks. The member brought information that showed Styrofoam is not recyclable and is in fact carcinogenic. The District has purchased the machines but is now researching the issue further before starts to use them. She encouraged residents to follow this issue and go to a School District Board meeting and urge the ban of all Styrofoam food service ware in the schools.
11.0 BOARD REPORTS – The Board thanked all the members who attended the meeting.
12.0 ADJOURNMENT – President Kavasch adjourned the meeting at 11:09 p.m.
Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Susan Kleebauer, Administrator