|Reposted by San Lorenzo Express|
SAN LORENZO VILLAGE HOMES ASSOCIATION
MEETING NO. 1446
November 19, 2015
1.0 MEETING CALLED TO ORDER The regular meeting of the San Lorenzo Village Homes Association Board of Directors was held on Thursday, November 19, 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 PUBLIC COMMENT Items not on the Agenda A member thanked the Board for moving Public Comment to the beginning of the agenda. She introduced two new members who just bought their home. A member thanked the Board for the Association's Children's Halloween Parade and Game Extravaganza and said it was a great turn out this year.
3.0 MINUTES FROM THE PREVIOUS MEETING
3.1 Approval of Board Meeting Minutes #1442 on October 15, 2015 Director Kirk moves to approve, Director Carlson seconds, the motion carries unanimously.
3.2 Approval of Work Session Minutes #1443 on November 12, 2015 Director Carlson moves to approve, Director Auten seconds, the motion carries unanimously.
3.3 Disposition of Executive Session Minutes #1444 on November 12, 2015 The Administrator reported that the Board selected a contractor for repaving the Association's parking lot as well as reviewed the amended sewer line easement prepared by the Association's Attorney.
3.4 Approval of Executive Session Minutes #1444 on November 12, 2015 Director Kirk moves to approve, Director Hoffmann seconds, the motion carries unanimously.
4.0 COMMITTEE REPORTS
4.1 Community Event Committee Director Hoffmann reported that the Children's Halloween Event was a great success. The next event will be the Association's Winterfest on Tuesday, December 8, 2015. The Volunteer Appreciation Dinner will be held on Thursday, January 14, 2016 and the Lunar New Year Celebration is scheduled for Friday, February 12, 2016. Director Hoffman thanked the committee for all their hard work in setting up the haunted hall for the Children's Halloween event this year.
4.2 Ad Hoc CC&R Implementation Committee Chair, Diane Wydler, reported that the committee had completed its recommendations for changes to the Fence, the Carport and the Outbuilding and Shed Policies and given these to the Board for review. Both the Fence and Carport Policies were accepted by the Board. The Outbuilding and Shed Policy is going back to the committee with additional changes recommended by the Board. Once the committee reviews and completes these changes and the Board approves this policy, its tasks will be complete.
5.0 COMMENTS FROM PUBLIC AGENCIES
5.1 CHP No officer present, no report.
5.2 Sheriff's Department Deputy Stewart reported a call about a man on Via Esperanza with a gun. When deputies arrived, they determined it was a domestic dispute regarding custody of a child. No gunshots were fired and the suspect was later arrested. There was a report of a robbery on Via Primero where over 200 marijuana plants were subsequently located in the basement. The plants were confiscated and the matter is still under investigation. A stolen vehicle was recovered on Waverly with over 20 stolen ID's and passports inside. The owner of a vehicle illegally parked in front of Hot Tropics on Hesperian Blvd was found in possession of an illegal firearm and marijuana. He was arrested. During the holidays, Deputy Stewart warned residents to be aware of an increase in automobile and residential burglaries. He reminded homeowners to lock unattended vehicles and homes and to refrain from leaving gifts in cars or packages on porches. The Deputy Sheriffs' Association is collecting toys for needy families. Anyone who knows a family in the area should contact the Cop Shop.
*7.1 New Massage Business, 17331 Hesperian Blvd. (Project Referral for Information & Recommendation) Pat Anekayuwat, County Planning Dept & Lijun Mng, Applicant (Timed Agenda item 7:45 p.m.) - Rodrigo Orduno, Alameda County Planning Department, reported that in the past, State regulations prevented local jurisdictions from requiring a Conditional Use Permit (CUP) for these type of businesses. The only requirement was for massage practitioners/therapists to be licensed. However, in January 2015, State law changed and the County can now require a CUP for any new massage business. In addition, County Counsel is looking into a moratorium on these types of businesses. The Board asked whether the business proposed on Hesperian would have to go through the CUP process. Orduno replied yes. The applicant stated through an interpreter, that she has two (2) other massage businesses in Hayward and she has good business practices.
Director Kirk asked why the applicant wants to open another massage business in an area that already has five (5) within a few mile radius. The applicant stated that the other businesses have fewer rooms and often their clientele go elsewhere. The Board asked that the applicant read the "Yelp" reviews on her current businesses that have caused community concern. Several members spoke against allowing another massage business in the area and they encouraged the County to create a moratorium on massage businesses in San Lorenzo. The Board thanked the applicant for attending the meeting, but it felt the area was already saturated with massage businesses. Orduno noted that should the applicant want to go through with the CUP process, the item would come back to the Board for comments/input.
**7.2 Exemption Front Yard Paving (partially completed), Juan and Bertha Garcia, 17400 Via La Jolla, (Timed Agenda item 8:15 p.m.) Operations Manager, Kathleen Harrigan introduced the homeowner and noted that this house is on a corner lot. She stated the homeowner started to put in pavers in his front yard that appeared to be over the 50% maximum allowed. He was asked to stop the work and submit plans to the office, which he did. The side yard area is all landscaping and is 47' long. The front yard area has 52'7" of pavers and 45' of landscaping. Staff denied the homeowner's application due to the fact that he is approximately 8 ft over the 50% maximum hardscape allowed. The homeowner stated that he paved the area to save water and took out his lawn that had died due to the drought. The Board asked Rodrigo Orduno, who is the Interim Code Enforcement Director, to review County regulations on paving of yards. Orduno stated that on corner lots the narrower of the two (2) frontages is considered the front yard, regardless of where the front door is located. The front and side yards on corner lots cannot be paved/or have hardscape over 50% of each area. The Board and several members felt the front yard was in violation of the 50% allowed for the front yard. Some members commented that the work was beautifully done and the Board should allow it.
Director Kirk moved to deny the appeal, Director Clowser seconds, the motion carries unanimously.
***7.3 Exemption Fence, Front yard (already built), Yi Yang & Yu Zhang, 316 Via Coches, (Timed Agenda Item 8:30 p.m.) Operations Manager, Kathleen Harrigan reported that the fence was put up prior to submitting plans. Several complaints were called into the Association and the homeowner subsequently submitted plans that were denied by staff. The fence is a white picket wooden fence, three (3) feet in height and has a four (4) foot setback from the street line. An interpreter spoke for the homeowner saying that they did not know they needed to submit plans. The homeowner was having problems with dogs peeing on their lawn and thus they put up the fence around the front yard to ensure that their lawn would not have dead spots from dog urine or feces. The Board discussed the matter and Director Hoffmann cited the clause in the CC&R's that requires a minimum set back of 10 feet for any structures in the front yard. Director Kirk moves to deny the exemption, Director Carlson seconds, the motion carries with four (4) ayes and one (1) abstention.
5.3 Supervisor Wilma Chan Staff member, Karina Rivera, stated that Supervisor Chan donated $500 to the Children's Halloween Extravaganza. The Supervisor's office has been going to each of the businesses along the Hesperian corridor to discuss the Hesperian Streetscape Project and will be working with the project manager to ensure that businesses are not adversely affected. Supervisor Chan will be hosting her Holiday Party on December 10, 2015, at the San Lorenzo Library and all residents are invited. They are also hosting a toy drive for the holidays and are asking attendees at their holiday party to bring a toy. All toys are being donated to the Del Rey Elementary Pre-School in San Lorenzo. A member requested that the Supervisors' office look at the parking restrictions on the west side of Hesperian that prevent homeowners and/or guests from parking in front of their houses. Rivera stated that County staff is already looking into this and homeowners may need to individually request the removal of these signs.
5.4 Zoning Enforcement Copies were left for members on the back table.
6.0 FINANCIAL REPORT (motion required)
6.1 Approval of October 2015 Expenditures Director Carlson moves to approve, Director Kirk seconds, the motion carries unanimously.
6.2 Approval of Bank Reconciliations 3rd Quarter 2015 Director Carlson moves to approve, Director Hoffmann seconds, the motion carries unanimously.
7.0 OTHER BUSINESS (motions may be required)
*7.1 New Massage Business, 17331 Hesperian Blvd. (Project Referral for Information & Recommendation) Pat Anekayuwat, County Planning Dept & Lijun Mng, Applicant (Timed Agenda item 7:45 p.m.) - See timed agenda item above.
**7.2 Exemption Front Yard Paving (partially completed), Juan and Bertha Garcia, 17400 Via La Jolla, (Timed Agenda item 8:15 p.m.) See timed agenda item above.
***7.3 Exemption Fence, Front yard (already built), Yi Yang & Yu Zhang, 316 Via Coches, (Timed Agenda Item 8:30 p.m.) See timed agenda item above.
7.4 Certification of Candidates for the 2016 Board of Directors Election The Administrator stated there are two (2) Board seats available. Three (3) candidates have submitted verified member petitions. Director Kirk moves to certify the candidates for the 2016 Board of Directors Election, Director Carlson seconds, the motion carries unanimously.
The Administrator announced that the three candidates are Diane Wydler, Kathie Ready and Erica Grant. She asked the candidates who were present to draw a number for their respective position on the ballot. The ballot positions were as follows: 1) Kathie Ready 2) Diane Wydler and 3) Erica Grant.
7.5 Appointment of Inspector of Elections The Administrator proposed Unilect be hired to act as Inspector of Elections. Director Kirk moves to appoint Unilect as Inspector of Elections, Director Carlson seconds, the motion carries unanimously.
7.6 Approval to Publish Revised Fence Policy (Nov/Dec Village Briefs) The Administrator stated that copies of the revised fence policy are on the back table for members. The Board and the CC&R Implementation Committee have been reviewing changes to this policy for several months and this final draft was given to the Association's attorney for his legal opinion.
A member was confused by the policy's wording and asked for clarification for side lot fencing. President Auten stated the new policy would not allow corner lots to have side fences that are six (6) feet in height extend off the side of their homes to the street. The maximum height for these types of fences would be three (3) feet, with a 10-foot setback from the street line. Director Clowser noted that homeowners with corner lots would be severely impacted by this revised fence policy. President Auten said that the Board will be reaching out to corner lot homeowners so that they are aware of the revisions to this policy and will have a chance to speak to the Board at its January 21, 2016 meeting. Director Kirk moves to publish the draft of the revised Fence Policy in the November/December Village Briefs, Director Hoffmann seconds, the motion carries four (4) ayes, one (1) nay (Clowser).
7.7 Approval to Publish Revised Car Port Policy (Jan/Feb Village Briefs) President Auten stated that the Board wanted to separate the two (2) policies in separate newsletters so that homeowners could speak to each issue individually and have more time to digest each of the proposed revisions. Director Hoffmann moves to publish the draft revised Car Port Policy in the January/ February 2016 Village Briefs, President Auten seconds, the motion carries unanimously.
8.0 ADMINISTRATORS REPORT
8.1 Operations The Administrator invited homeowners to the Association's Candidate Forum on December 17, 2015 at 6:00 p.m., prior to the monthly Board meeting. She is waiting for the League of Women Voters to discuss and agree to moderate the forum. The item is on the League's agenda for this coming Monday. If they cannot moderate, she will find another neutral party. The Board has selected American Asphalt as the contractor to repave the Association's parking lot. She has contacted both Alameda County and the Fire Department to determine how they will pay for their respective percentages of the lot. She is also soliciting bids for the Community Halls cooling and heating systems. She is also waiting for a proposal from Comcast for new office phones. New carpet will be installed in the Bohannon room and on the hall's stage tomorrow. A new screen door has also been purchased for the Associations office.
9.0 LIENS AND VIOLATIONS REPORT (motion may be required) The Administrator said there were five (5) liens released since the last Board meeting. No violation report was generated due to the fact that staff is being trained on how to create these reports in the new database (VMS).
10.0 CC&R HEARING REPORT
10.1 Disposition of Executive Session #1445 on November 19, 2015 The Administrator reported that there were 14 hearings scheduled, and two (2) homeowners appeared. Three fine appeals were also heard. Of these hearings nine (9) were closed, three (3) were fined and two (2) were carried over for 30 days. All three fine appeals were denied.
10.2 Approval of Minutes of Executive Session #1445 on November 19, 2015 - Director Carlson moves to approve, Director Hoffmann seconds, the motion carries four (4) ayes one (1) abstention (Clowser).
11.0 BOARD REPORTS - President Auten stated that he met with Supervisor Chan earlier last month and had a very productive conversation with her. He thanked her for being present at the Children's Halloween Parade and Game Extravaganza event. Director Hoffmann stated that she attended both the EALI Governance and the EALI Ag meetings and said that she is encouraged by each of these committees progress. The Ag Committee is responsible for an "Ag-Day" in October 2016, for all third graders in the San Lorenzo School District. These students will have the opportunity to visit Rowell Ranch and learn more about farm life. She also attended the meeting put on by the Hayward Area Recreational District (HARD) soliciting community input for development of the vacant lot at Hacienda and Via Toledo. There were a large number of residents at this meeting and HARD will be bringing ideas for two (2) designs back to the community within the next six (6) weeks. Director Clowser attended the Sheriff's Advisory meeting and encouraged residents to lock their vehicles and refrain from leaving items in them during the holiday season.
12.0 ADJOURNMENT President Auten adjourned the meeting at 9:44 p.m.
Recorded and Transcribed by: Kathleen Harrigan
Reviewed by: Susan Kleebauer, Administrator