|Reposted by San Lorenzo Express|
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1488
September 15, 2016
1.0 MEETING CALLED TO ORDER -– The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held on Thursday, September 15, 2016. President Clowser called the meeting to order at 7:32 p.m.
1.1 SALUTE TO THE FLAG -– President Clowser led the audience in the pledge of allegiance.
1.2 ROLL CALL -– Directors Michelle Clowser, Diane Wydler, Kathie Ready, Kyle Carlson and Steve Kirk were present.
2.0 PUBLIC COMMENT Items not on the Agenda -- A member announced the San Lorenzo Library events for October 2016 and brought a print out of this information for members. There will be a televised viewing of the Presidential Debate on Monday September 26, 2016, which will be followed by an open discussion moderated by the Eden Area League of Women Voters. On October 6, 2016 there will be a candidate forum for the San Lorenzo Unified School Board. Residents will have a chance to meet and ask questions of these candidates. This will also be moderated by the Eden Area League of Women Voters.
3.0 MINUTES FROM THE PREVIOUS MEETING
3.1 Approval of Board Meeting Minutes # 1483 on August 18, 2016 –- Director Ready moves to approve the minutes, Director Wydler seconds, the motion carries, with three (3) ayes (Clowser, Ready, Wydler) and two (2) abstentions, (Carlson, Kirk).
3.2 Disposition of Executive Session #1484 on August 23, 2016 –- President Clowser said the Board met for informational purposes only to have an update on personnel issues.
3.3 Approval of Work Session Minutes #1484 on August 23, 2016 –- Director Ready moves to approve the minutes, Director Wydler seconds, the motion fails, with three (3) abstentions (Carlson, Clowser, Kirk), and two (2) ayes (Ready and Wydler). President Clowser noted that this meeting was held only to get a status report from staff about the status of the transition of the new Administrator.
3.4 Approval of Work Session Minutes #1485 on September 6, 2016 –- Director Wydler moves to approve the minutes, Director Carlson seconds, the motion carries unanimously.
3.5 Disposition of Executiv Session #1486 on September 7, 2016 –- President Clowser stated that this meeting of was held to review the Association attorney’s correspondence regarding the fine policy and to discuss potential litigation regarding the CC&Rs.
3.6 Approval of Executive Session Minutes #1486 on September 7, 2016 –- Director Ready makes a motion to approve the minutes, director Wydler seconds, the motion carries with three (3) ayes and two (2) abstentions.
4.0 COMMITTEE REPORTS
4.1 Community Event Committee –- Member Randy Waage, reported that the committee is preparing for the Children’s Halloween Extravaganza. The committee will be decorating the week before the event starting on Monday October 24, 2016 and needs volunteers to help. The committee is also planning for the SLVHA annual “Winterfest” event and is looking at moving the planned date due to a conflict with the rental of the Community Hall.
4.2 Ad Hoc CC&R Implementation Committee –- Chair, Diane Wydler, reported that the committee did not meet last month. The draft Solar Policy will be published in the upcoming Village Briefs.
*7.1 Hayward Area Recreation & Park District (HARD) Information about HARD’s November bond measure F.1 (Concerning finishing the SLZ Community Park aka Duck Pond, and Via Toledo Park) (Timed Agenda Item 7:45 p.m.) -- HARD Board Member, Rick Hatcher, said that HARD is proposing a 250 million dollar general obligation bond. If passed, this bond is for 30 years and will be used for the infrastructure only for all of HARD’s parks. None of these funds can be used for salaries; however they could be used to purchase new parks. A 67% voter approval is required to pass this bond. The average cost to a homeowner would be $29 per every $100,000 assessed value of a property. This would average to about $112 per year for San Lorenzo residents. If the measure is approved, an advisory committee would be formed to prioritize how and where the monies will be allocated.
Director Carlson asked what would happen to the San Lorenzo Park on Via Buena Vista if this measure fails. Hatcher said that funding for this Park was only secured for Phase I, if this bond does not pass, funds would need to be found for the final phase to complete the park. Director Wydler asked who will be taxed if the measure passes. Hatcher stated that both commercial and residential properties would be taxed within the HARD District. President Clowser asked if this bond is approved, will the funds be prioritized for the San Lorenzo and Kennedy Parks. Hatcher said the advisory committee would be instrumental in identifying the needs for this money, however, the San Lorenzo Park, which has only completed Phase I of two (2), would be a considered a high priority. Director Kirk said that there are many competing bond measures on the November ballot, but he noted that HARD has done a lot to prioritize San Lorenzo for its funding; he encouraged residents and the Board to support this bond.
Several members spoke in favor of this bond, noting that it will help to complete the San Lorenzo Park, build a new park on Via Toledo and Hacienda as well as upgrade and improve Kennedy Park.
Director Kirk moves to endorse measure F1, Director Wydler seconds, the motion carries with three (3) ayes (Clowser, Kirk, Wydler), and two nays, (Carlson, Ready).
5.0 COMMENTS FROM PUBLIC AGENCIES
5.1 CHP (7:40 p.m.) -- No officer present, no report.
5.2 Sheriff’s Office -– Deputy Swallwell said that the Crime Prevention Unit (CPU) has taken over the Community Policing Unit’s former duties including the neighborhood watch groups and the Citizens Academies. Crime statistics for the past month were left on the table for members. There was one major incident last month, a burglary on Via Del Sol. A new Neighborhood Watch Group has started on Paseo Largavista, due to this burglary, which the CPU has helped to organize and will be helping to guide. The CUP is also starting a “Coffee with a Cop” program on Thursdays during the ‘Food Truck Mafia’ event, which allows residents to voice their concerns with officers in a relaxed, informal setting. A resident was concerned with an abandoned boat at the end of Grant Avenue. Swallwell said he will look into this issue.
5.3 Supervisor Wilma Chan -– District Representative, Karina Rivera, reported that the Lorenzo Theater tours and free movie night was a big success. Over 200 people took the tours and families came out to enjoy the show. Supervisor Chan is supporting the SLVHA Children’s Halloween event this year with a $500 contribution and she also supported the DSAL Soccer League giving $5000 to help youth participate for free. Approximately 60% of the children who participate in this league are from San Lorenzo. The Supervisor also created the pilot program for painting two (2) utility boxes in San Lorenzo. Now that these are complete, she wants to expand the program and paint other boxes in the area. Director Kirk thanked the Supervisor for the helping to get the utility boxes painted; he said the artist did a great job. A member asked if the next unincorporated meeting would have the proposed changes to the Marijuana Ordinance on its agenda. Rivera said she was told that this item would be on the agenda. The next Unincorporated Services meeting would be held on September 28, 2016 at 6 p.m. in the San Lorenzo Library.
5.4 Zoning Enforcement -– A report was left on the back table.
6.0 FINANCIAL REPORT (motion required)
6.1 Approval of August 2016 Expenditures – Director Kirk moves to approve, Director Wydler seconds, the motion carries unanimously.
6.2 Acceptance of Audit 2015-2016 -– Director Ready move to approve the 2015/16 Audit, Director Carlson seconds, the motion carries unanimously.
7.0 OTHER BUSINESS (motions may be required)
7.1 Hayward Area Recreation & Park District (HARD) Information about HARD’s November bond measure F.1 (Concerning finishing the SLZ Community Park aka Duck Pond, and Via Toledo Park) (Timed Agenda Item 7:45 p.m.) -- See timed agenda item above.
7.2 Proposed Fine Policy (Removing “enhanced fine” provision) Approval for publication in Village Briefs –- President Clowser said that the only change to this policy is the removal of the portion which refers to an “enhanced fine”. Director Kirk made a motion to publish the revised fine policy in the Village Briefs, Director Ready seconds, the motion carries unanimously.
7.3 Presentation of the County’s Medical Cannabis Ordinance, Liz McElligott, Asst. Planning Director, CDA (timed Agenda item 8:30 p.m.) –- McElligott reported that in 2015, the State Legislature passed and the Governor signed into law three bills that created a licensing and regulatory framework for commercial medical cannabis. This new law has been amended by recent legislation. The County is in the process of considering revisions to the County General Ordinance Code regarding dispensaries, delivery, edibles, and cultivation, including revisions to its existing dispensary ordinance. All these changes will help the County to align itself with the changes in the State law.
McElligott said that the revisions to the ordinance would affect how the dispensaries are run and the delivery of marijuana. The county is also proposing a pilot cultivation program. The administration of the permits would no longer be done by the Sheriff’s office; it would now be the Community Development Agencies (CDA) responsibility. The Sheriff, Environmental Health and the Department of Agriculture would still be heavily involved. All dispensaries, cultivation operations and delivery businesses would need to get a Conditional Use Permit (CUP) through Alameda County Zoning. These dispensaries would be zoned commercial only, none would be allowed in residential areas. All dispensaries would be required to be a minimum of 600 feet from any public school, playground or area where children convene. This changes the current requirement of 1000 feet and is in line with State law.
The new ordinance is proposing no more than four (4) dispensaries in West County and no more than three (3) dispensaries in East County. This would increase West County’s dispensary by one (1) additional business. The sale of edibles would now be allowed in dispensaries, but would be required to be made commercially. Currently there is a 20 pound limit to the amount of marijuana that can be housed at a facility at any one time; however the new ordinance would lift that limit so that any amount would be allowed.
McElligott said that the County is currently looking at two options with respect to the increase of dispensaries in West County. The first option would be to keep the three existing areas that are in the current ordinance, which are urban Castro Valley, Ashland/Cherryland and San Lorenzo/Ashland area-between Highway 238 and the San Lorenzo Creek. This would increase one (1) area within these districts to have two (2) dispensaries, while the other areas had only one (1), to make a total of four (4). Option 2 would be to split West County into four (4) separate areas, rural Castro Valley, San Lorenzo, Ashland and Cherryland. Each area would house one (1) dispensary. The county has not decided which option it will go with at this time. They are soliciting community input from all unincorporated areas; the schedule of these meetings is online at http://www.acgov.org/cda/planning/landuseprojects/medical-cannabis.htm.
Alameda County Sheriffs Officer, Commander Kelly Miles, stated that he is on the committee reviewing the ordinance. He said his office is opposed to many of the changes being proposed. They are concerned about public safety and the quality of life of the communities in and around these dispensaries. Currently there are three (3) small dispensaries in West County which his department is managing well. To increase the number in this area is taking a risk. Allowing cultivation businesses brings up many issues that are unknown. Lifting the 20 pound cannabis limit at these facilities and allowing for an unlimited amount of product and an unlimited amount of deliveries, is also taking a risk. There is a lot of money being made with the distribution of marijuana. Allowing for an unlimited amount of product and/or deliveries in one location could lead to an increase in crime. The State laws regarding cannabis are still new and the process for enforcing these laws is still being developed. His department believes the County is moving too fast with the changes to this ordinance. Last night the Castro Valley Municipal Advisory Council (MAC) voted to oppose the changes. The city of San Leandro has one (1) dispensary; the city of Hayward has none. Why do the unincorporated areas need another dispensary?
The Association Board had several concerns: allowing for an unlimited amount of deliveries, removing the 20 pound limit of product allowed at one time at a facility; increasing the number of dispensaries in West County because there was a “need”, when none of the current businesses were overcrowded; reducing the distance these businesses can operate from a school or playground and how these new “cultivation clinics” would be monitored and regulated. The Board was concerned that the County was moving too fast with the revisions of this ordinance. The unincorporated area is housing 100% of these types of businesses, without the community or tax benefits it gets from other businesses. The Castro Valley community has already voted against these revisions. It was suggested that a meeting be held with members of the Castro Valley MAC, Ashland, and Cherryland to discuss forming a committee to look into these revisions further and then to make their own recommendations as one unit.
Many members spoke in opposition to the revisions. They were concerned with the lack of viable retail in the area and the idea that the County wants to add another marijuana dispensary, and lessen its restrictions. The unincorporated area already is housing a majority of the cannabis business and did not need any more. Several members were concerned that Supervisor Chan was not more involved with this issue and asked why she has not reached out to the community.
Director Kirk makes a motion to oppose the revisions to the County’s Medical Cannabis Ordinance due to its negative impact on the community, law enforcement and lack of economic benefit, Director Carlson seconds.
President Clowser asked for a friendly amendment to the motion, to add that the Board “emphatically opposes" the ordinance. Director Kirk accepts the friendly amendment. The motion carries unanimously.
8.0 ADMINISTRATOR’S REPORT
8.1 Operations —- The Administrator reported that the construction for the HVAC is ongoing. He is working with the company to get them to complete all work prior to the Association’s Halloween event.
8.2 Board Election 2017 -- The Administrator reported that there is one (1) seat up for election, (Director Carlson’s seat). The election schedule is on the back table for members and it will be printed in the upcoming Sept/Oct Village Briefs. The first date to pick up papers is Friday, October 7, 2016.
9.0 LIENS AND VIOLATIONS REPORT (motion may be required) –- The Administrator stated that there were six (6) liens released since the August 2016 Board meeting. The violation letters were as follows:
Augustd 2016 Violation Report
Violation No. of Letters Inoperable Vehicles in driveway 10 Recreational veh in front/side yard 1 General maintenance of property 0 Unpaved parking 3 Yard maintenance 32 Holiday lights 0 Building maintenance 2 Working on vehicles 0 Barking dogs 0 Prohibited animals 0 Excessive noise 0 No home business 0 Other 12 Multiple violations 32 Plans needed 14 Total 129
Director Ready moves to approve the liens and violation report, Director Carlson seconds, the motion carries unanimously.
10.0 CC&R HEARING REPORT
10.1 Disposition of Executive Session #1487 on September 15, 2016 –- The Administrator reported that there were 28 hearings and two (2) fine reviews. Five (5) homeowners/tenants/representatives were present. Of these 13 were fined, one (1) was postponed to allow homeowner to be present, four (4) were closed, three (3) “thank-you-but” clear up areas of landscaping, two (2) carried over for 15 days to allow homeowner to take care of stored vehicle, seven (7) were carried over to submit plans or remove a violation from property. One of the fine reviews was waived if they planted a tree in their front yard, and the other fine review was denied.
10.2 Approval of Minutes of Executive Session #1487 on September 15, 2016 -– Director Ready makes a motion to approve, Director Wydler seconds, the motion carries unanimously.
11.0 BOARD REPORTS -– President Clowser congratulated the Alameda County Fire Department which placed second in the Urban Shield maritime division.
12.0 ADJOURNMENT –- President Clowser adjourned the meeting at 10:02 p.m.
Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Eugene Osipov, Administrator