1 Rendell Bustos
From: Rendell Bustos
Sent: Tuesday, October 10, 2023 4:07 PM
To: Rae Parnmukh
Cc: Clerk; Emily Lesk; Lisa Costa-Sanders; Manira Sandhir; [email protected] Subject: RE: PA-2023-050 / Bay Meadows Agreement Extension and Annual Review - Homeowner questions Hi Rae,
Thanks for the additional comments below and for discussing the agenda item with me just now over the phone. I will forward this email thread to the Planning Commission for their consideration at tonight’s Public Hearing.
-Rendell
Rendell Bustos
Senior Planner | Community Development Department
330 W. 20th Ave., San Mateo, CA 94403
650-522-7211 | [email protected]
From: Rae Parnmukh
Sent: Tuesday, October 10, 2023 3:51 PM
To: Rendell Bustos <[email protected]>
Cc: Clerk <[email protected]>; Emily Lesk <[email protected]>; Lisa Costa-Sanders <[email protected]>; Manira Sandhir <[email protected]>; [email protected] Subject: Re: PA-2023-050 / Bay Meadows Agreement Extension and Annual Review - Homeowner questions
Hi,
Just spoke to Rendell, thank you for the call.
With regards to the meeting tonight, my main concern will be the following; - Visual impact of the pits not being developed and finished speedily. Granted I am sure all parties will take effort to complete the build out as is possible.
- Impact of the pits on the home valuations. Expecting that when the pits are fully built out, home values will rise due to the completion of the community.
I did ask if there would be some concessions to the city or homeowners due to the delay in buildout. If it is possible to impose a fee for this extension or if it is again requested in three years, that would give both the city and the homeowners some confidence that the pits won’t be everlasting.
Thank you,
Raewadee Parnmukh
Would still like a reply from Wilson Meany on the other aspects I brought up if possible.
2 On Tue, Oct 10, 2023 at 14:07 Rae Parnmukh wrote:
Sure, that would help a lot. Apologies as I am not generally that active in City matters, so clar ification on the agenda and how it works, what is the main takeaway - verbally will be useful.
Could you try calling me between 3:35pm and 3:45pm?
If I am available, I will answer.
I have a window between meetings at 3:30 to 4pm.
Thanks,
Rae
On Tue, Oct 10, 2023 at 13:30 Rendell Bustos <[email protected]> wrote:
Hi Rae,
The full packet with the attachments is attached. I think it would be helpful if we discussed this agenda item over the phone to clarify the items being considered this evening. Can you let me know your best phone number and when you’d be available? I am available today after 3:30 pm.
In case we are not able to connect on the phone, there will be a public comment period for tonight’s Public Hearing but the Planning Commission does not have authority in matters regarding the Homeowners Association. You are able to join the meeting in-person at the City Hall Council Chambers or join the Zoom (www.cityofsanmateo.org/publicmeetings) and can comment freely on the agenda topic.
Lastly, I would emphasize that Wilson Meany staff have been cc’d in this correspondence who are reviewing your questions and will provide a response, since Homeowners Association matters are their purview.
-Rendell
4 As an owner, I am concerned that these pits will remain undeveloped for three more years.
Will tonight’s meeting be the correct forum to express that concern?
As a homeowner in the community, what position is available to me, to hold the approval of this request gating further information to be provided in the HOA regard?
Thank you,
Rae
On Tue, Oct 10, 2023 at 10:22 Rendell Bustos <[email protected]> wrote:
Hi Rae,
Attached is the staff report for tonight’s Planning Commission Public Hearing, which is not related to the Homeowner’s Association board composition. Tonight’s Public Hearing is focused on a request to extend the Development Agreement, which is an agreement between the City of San Mateo and the land owner to develop the Bay Meadows Phase II area. This meeting will be viewable online and will be recorded (please see www.cityofsanmateo.org/publicmeetings).
Emily Lesk from Wilson Meany is coordinating on her end to respond to the questions focused on the HOA. These questions are not in the purview of the City or Planning Commission. I hope this helps clarify – let me know if you have further questions for City staff.
Thanks,
Rendell
7 As a homeowner in Bay Meadows since 2015, I have been waiting for the HomeOwners Association to be turned over to the homeowners fully.
I have expressed continued concern that the Bay Meadows Homeowners Association is ill-formed with Wilson Meany representatives holding the majority of the seats,(3) on the Board. This has provided Wilson Meany unilateral control in decisions that impact homeowners the most.
As part of the review, can it be recorded, what is the ownership interest Wilson Meany has in the "Covered Property" or "Annexable territory"?
Without ownership interest, is Wilson Meany correct to hold majority or any board seats in the Bay Meadows Homeowners association?
With ownership described, does this extension, also extend their power over the Homeowner's Association for at minimum another three years?
All of my concerns, are governed by the following:
In the Bay Meadows CC&Rs in
Section 6.3 Classes of Voting Membership
Section 6.4 Voting Rights
But most specifically BYLAWS OF BAY MEADOWS COMMUNITY ASSOCIATION ARTICLE 2
2.2 QUALIFICATIONS FOR HOLDING OFFICE. Each Director, except for those initially appointed by Declarant to serve as interim Directors until the first annual meeting,must be (a) an Owner who meets the qualifications in this Section
2.2 or, (b) an agent of Declarant or an agent of a Neighborhood Builder for so long as Declarant or a Neighborhood Builder owns or has any interest in any portion of the Covered Property or any portion of the Annexable Territory, or (c) appointed to office by exercise of the Class C Board appointment right.
2.3.1 Term for Appointee Directors. Notwithstanding anything in these Bylaws to the contrary, all Directors appointed at any time by exercise of the Class C Board appointment right shall serve until the earlier of:
(a) Removal of Director by Declarant;
(b) The date of the appointed Director’s death or resignation from the Board of Directors; 8 (c) The date that is three (3) years after the date on which the Class C Board appointment right expires; or (d) The date on which Declarant no longer owns any portion of the Covered Property or Annexable Territory.
It has been confirmed that there is no longer a Class C Board appointment right, the date as to when this expired cannot be obtained from the Board. I believe it was 2020, if this date can be recorded in the review that would be helpful as well.
Thanks,
Raewadee Parnmukh
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* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments from your computer. Thank you.
* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments from your computer. Thank you.