The Gull's Call - Jan/Feb/Mar 2024

Free Document Shredding & E-Waste Recycling Drop-off Event Saturday, June 29, 2024, 9 AM - 12 PM Community Center Parking Lot, 3195 Mecartney Road Community Parking Lot Sale Saturday, August 10, 2024, 9 AM - 1 PM Harbor Bay Landing Shopping Center (former CVS parking lot) Registration begins July 1, 2024, look for the form in the 3rd quarter issue of The Gull's Call. Free Document Shredding & E-Waste Recycling Drop-off Event Saturday, October 12, 2024, 9 AM - 12 PM Community Center Parking Lot, 3195 Mecartney Road

Great Blue Heron Appetizer by Grant Goya

contents January | February | March 2024

The Gull’s Call Community of Harbor Bay Isle News The Gull’s Call is a quarterly publication of the Community of Harbor Bay Isle Owners’ Association, produced in-house. It is available to all members. News articles and signed letters to the editor are welcome. The right to edit or refuse copy is reserved. Board of Directors President: Bill Pai; Rep. Village 3-A: Bayview Harbor, Lantern Bay, Sandpiper Cove, Seastrand Vice President: Paul Beusterien; Rep. Village 2: Bay Isle Pointe Director: Gary Hoffer; Rep. Village 1: Baywood Village, Clipper Cove, Costa Brava Secretary (& Interim Treasurer): Gary Lym; Rep. Village 5: Bay Colony, Cantamar, Columbia, Freeport, Headlands Director: Cheryl Paterson; Rep. Village 3-B: Brittany Landing Bay, Brittany Landing Harbor, Centre Court, Harbor Pointe Director: Bassey Obot; Rep. Village 4: Pelican Bay, Promontory, Woodbridge Vacant: Village 1-C: Bay Farm Community Church, Harbor Bay Landing LLC, Harbor Bay Club, Temple Israel, Peter Pan Academy, Water’s Edge Lodge, Community of Harbor Bay Isle Community Architectural Committee Arch Standards Manager: Anisa Dominguez Reporters: Luci Ackhart, Scott Daley, Anisa Dominguez, Jacqui Galvez Vasquez, Andrea Godoy, Amanda Meng, Sandy Olsen, Bill Pai, Elyce Philcox, Cathy Sherrer, Lisa Tang, Mark Techaphunphol, Regan Young Gull's Call Production Staff Anisa Dominguez, Mandy Ho, Jacqui Galvez Vasquez Circulation The Gull’s Call is mailed to all members of The Community of Harbor Bay Isle; it is also available on our web site, www. harborbay.org . Chairperson: Pat Mahoney Vice-Chairperson: Mita Raval Members: Marlene Grcevich, Gretchen Pivonka, Kristi Young Editorial Staff

Community Calendar......................4 CAC Meeting Dates.........................4 CHBI Association Abbreviations......5 Know Your Representatives.............5 President's Column.........................6 IDR/ADR Policy..............................10 Security News................................15 Architectural News........................17 CLASS..........................................19 Association News..........................23

Deadlines News and advertising deadlines are on or before the first of the month preceding publication. Send or bring copy to the Community of Harbor Bay Isle,

3195 Mecartney Road, Alameda, CA 94502. tel: (510) 865-3363 • fax: (510) 522-1436 Office Hours: 8 am – 4:30 pm • Monday – Friday

How to Contact Us

Community Offices www.harborbay.org • Executive Director.....x340................................. . ExecutiveDirector@harborbay.org • Office Manager.....x346........................ OfficeManager@harborbay.org • Receptionist.....x347................................................. FrontOffice@harborbay.org • The Gull's Call Editor ................................................GullsCall @harborbay.org Security Services • Director of Security.....x367................................ SecurityDirector@harborbay.org • Security Commander.....x357............................ SecurityCommander@harborbay.org • 24-Hour Security.............................................(510) 865-0417 Architectural Services • Architectural Standards Manager.....x348...................... Architecture@harborbay.org Maintenance Services • Director of Maintenance.....x350.................................... Maintenance@harborbay.org (510) 865-3363

Management Services Bay Colony................. BYC@harborbay.org Bay Isle Pointe............ BIP@harborbay.org Bay View Harbor....... BVH@harborbay.org Baywood Village...... BWV@harborbay.org Brittany Bay............... BLB@harborbay.org Brittany Harbor......... BLH@harborbay.org Cantamar................ CAN@harborbay.org Centre Court............. CCT@harborbay.org Clipper Cove............. CCV@harborbay.org Columbia................. COL@harborbay.org

January | February | March 2024 3 Costa Brava............... CBR@harborbay.org Freeport................. FRE@harborbay.org Harbor Pointe........... HRP@harborbay.org Headlands............... HDL@harborbay.org Lantern Bay................ LTB@harborbay.org Pelican Bay................ PLB@harborbay.org Promontory............ PRM@harborbay.org Sandpiper Cove......... SPC@harborbay.org Seastrand................ SEA@harborbay.org Woodbridge........... WDB@harborbay.org

The Gull’s Call

CAC meetings are held remotely via RingCentral. Applicants will be sent a link with a meeting ID to join with video on their computer or mobile device or call in. Please contact the Architectural Standards Manager at architecture@ harborbay.org with any questions. Applications submitted during the dates listed in column A will be reviewed by the architectural committee on the date in column B. 2023 Community Architectural Committee Meeting Dates Dec 2 - 22, 2023*.............................................. Jan 8, 2024 Dec 23, 2023 - Jan 5, 2024................................ Jan 22, 2024 Jan 6 - 19, 2024................................................. Feb 5, 2024 Jan 20 - Feb 9, 2024*........................................ Feb 26, 2024 Feb 10 - 23, 2024.............................................. March 11, 2024 Feb 24 - March 8, 2024..................................... March 25, 2024 March 9 - 22, 2024............................................ April 8, 2024 March 23 - April 5, 2024................................... April 22, 2024 April 6 - 19, 2024............................................... May 6, 2024 April 20 - May 3, 2024....................................... May 20, 2024 May 4 - 17, 2024............................................... June 3, 2024 May 18 - 31, 2024............................................. June 17, 2024 June 1 - 21, 2024*............................................. July 8, 2024 June 22 - July 5, 2024........................................ July 22, 2024 July 6 - 19, 2024................................................ Aug 5, 2024 July 20 - Aug 2, 2024......................................... Aug 19, 2024 Aug 3 - 23, 2024*.............................................. Sept 9, 2024 Aug 24 - Sept 6, 2024........................................ Sept 23, 2024 Sept 7 - 20, 2024............................................... Oct 7, 2024 Sept 21 - Oct 4, 2024......................................... Oct 21, 2024 Oct 5 - 18, 2024................................................. Nov 4, 2024 Oct 19 - Nov 1, 2024......................................... Nov 18, 2024 Nov 2 – Nov 15, 2024........................................ Dec 2, 2024 Nov 16 – 29, 2024............................................. Dec 16, 2024 Nov 30 – Dec 20, 2024*.................................... Jan 6. 2025 Dec 21, 2024 – Jan 10, 2025*........................... Jan 27, 2025 Column A Column B Applications Submitted Will Be Reviewed On

2024 Community Calendar

January 2024 1/4

BWV BOD Meeting HRP BOD Meeting CCV BOD Meeting CCT BOD Meeting FRE BOD Meeting LTB BOD Meeting BIP BOD Meeting PLB BOD Meeting COL BOD Meeting SPC BOD Meeting BYC BOD Meeting HDL BOD Meeting CBR BOD Meeting BLH BOD Meeting WDB BOD Meeting BLB BOD Meeting

1/4 1/9 1/10 1/11 1/11 1/15 1/16 1/16 1/17 1/17 1/18 1/18 1/22 1/25 1/25 1/30 2/13 2/14 2/15 2/15 2/19 2/20 2/21 2/22 2/26 2/27 2/27 3/7 3/9 3/12 3/13 3/13 3/14 3/14 3/19 3/19 3/20 3/20 3/21 3/21 3/25 3/28 3/28 3/28

Community Office Closed

February 2024 2/1

BWV Annual Meeting CCV Annual Meeting CCT BOD Meeting BVH BOD Meeting BYC BOD Meeting Community Office Closed BIP BOD Meeting SEA BOD Meeting BLH BOD Meeting CBR BOD Meeting BLB BOD Meeting PRM BOD Meeting

March 2024 3/2

HRP Annual Meeting BWV BOD Meeting BVH Annual Meeting CCV BOD Meeting CCT BOD Meeting SPC BOD Meeting FRE BOD Meeting HDL BOD Meeting BIP Annual Meeting PLB BOD Meeting CAN BOD Meeting COL BOD Meeting BYC BOD Meeting LTB BOD Meeting CBR BOD Meeting BLB Annual Meeting BLH Annual Meeting WDB BOD Meeting

Board meetings are held in-person at the Community Center, with hybrid options via RingCentral. Visit harborbay. org/calendar for meeting IDs and agendas. Dates are subject to change. Agendas and meeting notices will be posted on our website and Community Center kiosk a minimum of 4 days prior to the meeting (2 days for executive session meetings). All members are welcome and encouraged to attend the annual meetings.

*Three-week acceptance period due to holiday

4 January | February | March 2024

The Gull’s Call

Community Association Abbreviations

Know Your Local & State Representatives

City of Alameda City Council 2263 Santa Clara Avenue Alameda, CA 94501 Mayor Marilyn Ezzy Ashcraft Phone: (510) 747-4745 mezzyashcraft@alamedaca.gov Vice Mayor Tony Daysog Phone: (510) 747-4722 tdaysog@alamedaca.gov Vice Mayor Malia Vella Phone: (510) 747-4726 mvella@alamedaca.gov Councilmember Tracy Jensen Phone: (510) 747-4721 tjensen@alamedaca.gov Councilmember Trish Herrera Spencer Phone: (510) 747-4728 tspencer@alamedaca.gov City of Alameda Planning Board: To forward information to board members, please email or contact: Nancy McPeak, Executive Assistant, Community Development Dept. (510) 747-6854 nmcpeak@alamedaca.gov Congresswoman, 13th District of CA: Barbara Lee 1301 Clay Street, Ste. 1000-N Oakland, CA 94612 Phone: (510) 763-0370 lee.house.gov

Governor: Gavin Newsom 1303 10th Street, Suite 1173 Sacramento, CA 95814 Phone: (916) 445-2841 www.gov.ca.gov Senator: Dianne Feinstein One Post Street, Suite 2450 San Francisco, CA 94104 Phone: (415) 393-0707 Fax: (415) 393-0710 www.feinstein.senate.gov Senator: Alex Padilla 333 Bush Street, Suite 3225 San Francisco, CA 94104 Phone: (415) 981-9396 www.padilla.senate.gov

Bay Colony . ....................... BYC Bay Isle Pointe ................... BIP Bayview Harbor ................. BVH Baywood Village ................ BWV Brittany Landing Bay......... BLB Brittany Landing Harbor.... BLH Cantamar . ......................... CAN Centre Court . .................... CCT Clipper Cove ...................... CCV Columbia ........................... COL Community of Harbor Bay Isle Owners' Association......CHBIOA Costa Brava . ...................... CBR Freeport ............................ FRE Harbor Pointe .................... HRP Headlands ......................... HDL Lantern Bay ....................... LTB Pelican Bay ........................ PLB Promontory ....................... PRM Sandpiper Cove ................. SPC Seastrand .......................... SEA Woodbridge.......................WDB

State Assembly District 18: Mia Bonta Email: teamMia@MiaBonta.com Phone: (415) 891-9751 a18.asmdc.org State Attorney General: Rob Bonta Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA 94244-2550 oag.ca.gov Chair, Board of Equalization, 2nd District California State SF District Office 455 Golden Gate Ave., Suite 10500 San Francisco, CA 94102 www.boe.ca.gov/cohen Water Emergency Transportation Authority (WETA) Board of Directors: BoardofDirectors@watertransit.org San Francisco Bay Conservation and Development Commission (BCDC): 455 Golden Gate Ave. Suite 10600 San Francisco, CA 94102-7019 Phone: (415) 352-3600 Fax: (415) 352-3606 Email: info@bcdc.ca.gov

Information is accurate as of date of printing.

January | February | March 2024 5

The Gull’s Call

President'sColumn by Bill Pai, Community Board President

THE DRAGON What are the characteristics and personality traits associated with people born in the year of the Dragon? People born in the year of the Dragon are often seen as confident, ambitious, and adventurous. They are also known to be passionate, strong-willed, and have excellent leadership qualities. Dragons are the fifth animal sign in the Chinese zodiac and are associated with the Fire element, which is believed to symbolize energy, creativity, and transformation. Dragons are highly respected and revered in Chinese culture and are often associated with the emperor, power, and authority. People born in the year of the Dragon are believed to possess some of these characteristics and are often successful in their careers and personal lives. They are also said to be charismatic, imaginative, and have a strong sense of justice and fairness. Despite their many positive traits, Dragons can also be impulsive, stubborn, and prone to anger. They can sometimes struggle with their emotions and may find it challenging to work with others who do not share their vision or passion. However, with their determination and perseverance, Dragons can overcome most obstacles and achieve their goals. HOW CHINESE USE THE ZODIAC The Chinese zodiac is deeply embedded in Chinese culture and is often used in daily life to predict fortune and compatibility. Many people in China consult their zodiac sign when making important decisions, such as choosing a career, getting married, or starting a business. They may also use their zodiac sign to gain insight into their personality traits and tendencies. In addition to personal use, the Chinese zodiac is also incorporated into various public events and festivals throughout the year. For example, during Chinese New Year celebrations, people often exchange gifts and greetings based on their zodiac sign. They may also attend special events and performances that feature the animals of the zodiac. Overall, the Chinese zodiac serves as a cultural symbol of unity and connection in China. It is an integral part of daily life and remains a powerful tool for self-discovery and social interaction.

CHINESE ZODIAC AND THE YEAR OF THE DRAGON T HE CHINESE NEW YEAR COMING SOON (FEBRUARY 10th), and 2024 will be the Year of the Dragon. For those unfamiliar with it, what follows is a brief overview of the Chinese zodiac, a system of divination that differs from Western astrology. The main similarity between the Chinese and Western systems is that both systems are based on date and time of birth, with 12 symbols or signs used to communicate across meaning. Here are some of the primary differences: THE 12 SIGNS In both systems, there are the same number of signs: 12. Two are superficially similar: Ox/Bull and Goat/Ram. • The Chinese signs: Rat, Ox, Tiger, Rabbit, Dragon, Snake, Horse, Goat, Monkey, Rooster, Dog, and Pig. • The Western signs: Ram, Bull, Twins, Crab, Lion, Virgin, Scales, Scorpion, Centaur, Sea-Goat, Water Bearer, and Fish. ORIGINS OF THE SIGNS • In Chinese astrology, the 12 signs are derived from a myth that when God was developing a calendar, all creatures on Earth were summoned to participate in a race. The first 12 to cross the line were awarded signs in the Chinese zodiac. • This differs from Western astrology, in which the 12 signs are based on constellations' positions relative to the earth. The constellations were named according to Greek mythology.

6 January | February | March 2024

The Gull’s Call

CommunityNews Community Office Welcomes Diana Torres by Jacqui Galvez Vasquez

Berkshire Hathaway Relocates by Jacqui Galvez Vasquez A FTER 30 YEARS AT THE HARBOR BAY LANDING Shopping Center, Berkshire Hathaway Home Services (BHHS), formerly Harbor Bay Realty, has moved to their new location at 2316 Central Avenue, Alameda, across the street from the Alameda Theatre and Cineplex. Gregg Fujita, BHHS Office Manager, says, "This location allows us to better serve the local real estate market including enhanced market exposure, expanded community presence, and a more central location for our clients, landlords, and tenants." BHHS purchased the building and are further developing additional space for the Commercial and Residential departments. The office main phone numbers are still the same: Residential Sales, Commercial Leasing/Sales 510 523-1144; Drysdale Property Management 510-523-1166. Some non-resident homeowners utilize Drysdale Property Management to manage their Harbor Bay properties. Be sure to inform the Community Office via email (email@ harborbay.org) of this change of address for our database Community Center Rental by Jacqui Galvez Vasquez B EGINNING IN 2024, THE CHBIOA COMMUNITY Center is open and available for weekend rental to association members (homeowners) only. The Community Center is no longer available to rent by non CHBIOA owners/members. Homeowners may rent the room for $650.00 per day, from the hours of 8 AM to 10 PM on Saturdays and 8 AM to 8 PM on Sundays. A deposit of $1,000 is required and is refundable, provided there are no issues with the room. A one-day event insurance policy is also required. The room holds 96 people seated, 190 for a standing reception. We provide tables and chairs and a full kitchen with appliances, the renter provides everything else. The calendar is open for rental six months at a time. Please contact the Community Office at 510-865-3363 to check availability and to request a Community Center rental application.

T HE COMMUNITY Office welcomed Diana Torres to its administrative and management services staff in September, 2023. “I wanted to be part of a community,” says Diana. “Being part of a good progressive work environment can have an amazing impact on work

productivity for everyone. I like the idea of communal logistics, bouncing ideas around, and coming up with common goal-oriented solutions. The group here at CHBIOA is great! I am learning so much, and I’m sincerely honored to have been selected to be part of such a great group of people.” “I have always worked in administration,” says Diana. “I’ve worked for different types of companies, from construction to non-profits to universities. Before arriving at CHBIOA, I was working for a sailing academy as a boat fleet manager/administrator. A neat addition to my duties, aside from being able to sail anytime, was being hired as a personal professional organizer. The owner needed to downsize a few properties so I coordinated and executed those projects. I ran those projects through one of my hobbies that grew into a small business, Organized Chaos – Professional Organizer.” Diana’s workplace philosophy is that “there is always something to do.” She is learning quickly and becoming well versed in the multiple aspects of management services, architectural standards, and front office. “I’m excited to be here,” says Diana. “I’ll be around so please, if you see me, say hello!”

January | February | March 2024 7

The Gull’s Call

CommunityNews CINC Systems Introduction by Jacqui Galvez Vasquez

quarter issue of The Gull’s Call , due out the first week in April, 2024. Members are encouraged to explore the new website when it goes live in March; staff will also be trained and available to answer questions during this onboarding period. Orientation town hall meetings may be scheduled as needed to assist with the transition. SeeClickFix It! by Anisa Dominguez S eeClickFix IS THE CITY of Alameda’s tool for reporting non-emergency neighborhood issues to local government bodies, assisting City staff. Simply download the app or visit seeclickfix.com/us ca-alameda to register for an account, view open requests, or submit a new request. You may also comment on open requests. Once submitted, City staff will acknowlege your request, assign it to the appropriate department, comment on the progress, and close the request once it's been completed, all of which you can track. Call 811 Before You Dig by Anisa Dominguez T O ENSURE THAT YOU remain safe when do ing any digging projects,

C HBIOA, INC. IS TRANSITIONING TO A PARTNERSHIP with CINC Systems, LLC to provide your community’s payment processing, banking, and web services. The Community Board of Directors is excited and believes this transition will benefit all members of the Community through increased accessibility and instant access to information, transparency, and technology, while continuing to provide members with the highest level of customer service. Our transition to CINC is targeted to take effect on March 1, 2024. The transition period will occur for 2 weeks prior to this date through the end of March, 2024. Please note that during the transition period, you may experience a delay in some processes. It is imperative that we briefly suspend transactions in order to bring your community’s data into the new system. For example, online payments and homeowner balances will be temporarily unavailable while we verify homeowner balances in the new system. Late fees will not be assessed for the month of March, 2024. For your convenience, the following methods of payment will be available: • Online Payments and online recurring payments using either e-check or credit cards. • Lockbox Service using new payment coupons. • Online bill payment service or your personal bank’s online payment service. CINC Systems will also manage the Community’s website pages and communications, including an association calendar, association documents, financials, and newsletters, association photo galleries, homeowner profile contact information and updates, architectural application submissions and tracking, violations, and a special portal for board members only. A detailed description of the new system and what it can help members accomplish will be included in the second

always call 811 first. Whether you are planting a tree or a garden, or digging holes for fence posts, call 811 at least two business days before you plan to start your project.

811 is a free service managed by Underground Service Alert (USA) and available to everyone. After you call, USA will contact PG&E and other companies that have underground lines in your area. Representatives will then mark the location of their underground lines so you can avoid them and dig safely. For additional resources, visit usanorth811.org.

8 January | February | March 2024

The Gull’s Call

1148 Ballena Blvd Alameda, CA 94501

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COMMUNITY OF HARBOR BAY ISLE OWNERS ’ ASSOCIATION DISPUTE RESOLUTION POLICIES Adopted on December 6, 2023

The enclosed Dispute Resolution Policies apply, respectively, to the Community of Harbor Bay Isle Owners Association (“Association”) and its policies for informal meetings pursuant to Civil Code §5900, et. seq. (“IDR Policy”), and alternative dispute resoluti on proceedings pursuant to Civil Code §5925, et. seq. (“ADR Policy”). A. Internal D ispute Resolution “IDR” Policy – In a dispute between the Association and an Owner involving their rights, duties or liabilities under the Davis-Stirling Act, Corporations Code or the Association’s governing documents, the Association or any Owner can elect to use the following IDR procedure. Owners will not be charged a fee to participate in the process. Each party is responsible for their own costs and expenses associated with the IDR. The following is the Association’s IDR process: 1. The party may request the other party to meet and confer in an effort to resolve the dispute. The request must be in writing and specify all disputes the requesting party has with the other party at that time to be efficient and respectful of the parties time and efforts to resolve disputes that may arise (“IDR Request”). To the extent the requesting party wishes to propose resolutions to resolve their dispute(s), they are encouraged (but not required) to include such resolutions in their IDR Request. 2. An Owner may refuse an IDR request. The Association may not refuse an IDR Request. 3. The Board will designate at least one, and potentially more, directors to meet and confer with the owner requesting IDR. The Board may request legal counsel to attend the IDR, and if it elects to have its legal counsel attend the IDR, it will provide the Owner with prior notice of same. An Owner can bring legal counsel or one other advocate to attend the IDR in order to assist the Owner in stating their positions, at their own cost, and in accordance with the prior notice outlined in Section 5 below. 4. The parties must meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The Association will endeavor to schedule an IDR within 30- days of the Association’s receipt of an IDR Request. 5. The parties may be assisted by an attorney or another person at their own cost when conferring. An Owner intending to bring an attorney or another person to an IDR must inform the Association at least ten (10) days prior to the meeting. If an Owner brings an attorney or other person without the Association’s prior knowledge, the IDR will be rescheduled to a later date so the Association can be properly represented at the meeting. 6. If the parties are able to resolve the dispute, the resolution agreed to by the parties must be memorialized in writing and signed by the parties, including the Board designee on behalf of the Association. Unless at least a majority of the Board is present at the meeting, a written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions are satisfied: (1) The agreement is not in

10 January | February | March 2024

The Gull’s Call

conflict with law or the governing documents of the Association and (2) The agreement is either consistent with the authority granted by the Board to its designee(s) or the agreement is ratified by the Board. Unless and until the resolution established at the IDR is approved or ratified by the Board, the parties are hereby informed that such resolution is not a legally binding or judicially enforceable agreement. Typically, if the parties reach terms at the IDR, the Association will send a follow-up letter to the Owner to confirm their understanding of and agreement with the terms reached at the IDR so that they can be provided to the full Board for its review and response. 7. With respect to a nuisance claim by an Owner(s), in the event the Board does not find the issue arises to the level of a nuisance, the Board encourages the complaining party(ies) to try and resolve the dispute amongst themselves. In the event the parties are unable to resolve their dispute, they may request, in writing, the Board facilitate an IDR between the parties per the above process, in which case the Board will send a letter inviting the relevant parties to attend the IDR. If a party refuses to attend, the Association will communicate this to the parties and will conclude the matter. B. Alternative Dispute Resolution “ADR” Policy – It is the Association’s strong policy and preference that prior to the initiation of any legal disputes, with the exception of small claims matters and as otherwise permitted by law, that the Association and owners agree to submit their dispute to an alternative dispute resolution proceeding held in accordance with Civil Code §5925, et seq. To this end, for cost and time efficiency, the Association’s strong preference is for a non binding mediation held with a third party neutral that has prior experience in handling mediations involving homeowners association issues. §5925. Definitions As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral third party in the decision-making process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties. (b) “Enforcement action” means a civil action or proceeding, other than a cross -complaint, for any of the following purposes: (1) Enforcement of this act. (2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code). (3) Enforcement of the governing documents. §5930. Litigation Pre-Filing Requirements (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.

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The Gull’s Call

(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure. (c) This section does not apply to a small claims action. (d) Except as otherwise provided by law, this section does not apply to an assessment dispute. §5935. Initiating the Process; Request for Resolution (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following: (1) A brief description of the dispute between the parties. (2) A request for alternative dispute resolution. (3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected. (4) If the party on whom the request is served is the member, a copy of this article. (b) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request. (c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party. §5940. Completing the Process; Costs (a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. (b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration. (c) The costs of the alternative dispute resolution shall be borne by the parties. §5945. Statutes of Limitation If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods: (a) The period provided in Section 5935 for response to a Request for Resolution.

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(b) If the Request for Resolution is accepted, the period provided by Section 5940 for completion of alternative dispute resolution, including any extension of time stipulated to by the parties pursuant to Section 5940. §5950. Certificate; Commencement of Action (a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied: (1) Alternative dispute resolution has been completed in compliance with this article. (2) One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution. (3) Preliminary or temporary injunctive relief is necessary. (b) Failure to file a certificate pursuant to subdivision (a) is grounds for a demurrer or a motion to strike unless the court finds that dismissal of the action for failure to comply with this article would result in substantial prejudice to one of the parties. After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603 of the Government Code. (b) The costs of the alternative dispute resolution shall be borne by the parties. §5960. Refusal to Participate in Pre-Filing Alternative Dispute Resolution In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party's refusal to participate in alternative dispute resolution before commencement of the action was reasonable. §5965. Annual Disclosure (a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: "Failure of a member of the association to comply with the alternative dispute resolution requirements of Section 5930 of the Civil Code may result in the loss of the member’s right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law." (b) The summary shall be included in the annual policy statement prepared pursuant to Section 5310. §5955. Post-Filing Reference (a)

January | February | March 2024 13

The Gull’s Call

La Val’s Family Night Special

All F or $45 plus t ax

Large Pizza Pitcher of Soda & 2 Salad Bars

For Dine in Only. Not Valid with any other offer

14 January | February | March 2024

The Gull’s Call

SecurityNews CHBIOA Welcomes Officer Acevedo by Jacqui Galvez Vasquez S ECURITY OFFICER

helped with other aspects of the business including ordering and receiving parts, accounts payable and receivable, and sales as needed. Officer Acevedo's goals for the future include having a family and a successful career. “With time, training and patience I hope to become a police officer and be able to protect and serve the community. I am confident CHBIOA will be able to help me achieve that, and I am prepared to put in the work, time and effort to make that a reality,” says Officer Acevedo. “I am definitely taking advantage of learning all that I can. This job will help me learn how to help people, write reports and much more. I look forward to being able to provide great service to this community and hope I can make a difference being here.” “My philosophy in protecting and serving the public is doing the right thing by following the rules and by being there for the community when called upon. I hope I am able to provide great service to the community and I am excited to be here.”

Christian Manuel Acevedo Casillas joined Harbor Bay Security in October, 2023. Officer Acevedo wanted to pursue becoming a security officer as a way to help the community. He was impressed with how closely CHBIOA’s Security

Department works with Alameda Police Department and the community at large. “This makes me feel motivated to one day become a police officer and be able to help people,” says Officer Acevedo. “I feel great knowing CHBIOA will be able to help me gain experience to be able to make that a big possibility.” Before joining CHBIOA, Officer Acevedo worked as an automobile mechanic with his father in his shop. He also

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ArchitecturalNews

the aesthetic of Harbor Bay Isle. She has been a steady presence on the CAC and will be greatly missed! The CAC recently lost CAC Vice-Chair, Hillary Dreyfuss, who moved out of Harbor Bay. Hillary served 4-years on the CAC, and was a wonderful asset. Although new to Harbor Bay when she first joined, she quickly learned the ropes and became a go to person for some of the trickier applications. Her ability to meet with homeowners and thoughtfully explain and enforce the architectural rules was a special quality. Her presence on the CAC is significantly missed, but we wish her well in her next chapter. NEW CAC MEMBER The Community would like to welcome our newest CAC member, Kristi Young, who was appointed in September, 2023. Kristi is a resident of Bay Colony and an attorney by trade. She has already demonstrated a great ability to learn and understand the architectural rules and process. We thank Kristi for her willingness to volunteer and look forward to her contributions to the CAC. VOLUNTEERS NEEDED If you are interested in volunteering for the CAC, we are currently looking for qualified candidates. The CAC meets twice a month, always on Mondays at 6 PM via RingCentral. If you have a few hours a month to contribute to the architectural and landscape preservation of your Community, please consider volunteering. Contact Anisa Dominguez, Architectural Standards Manager, for more information: architecture@harborbay.org.

Community Architectural Committee by Anisa Dominguez, Architectural Standards Manager T HE COMMUNITY WOULD LIKE TO ACKNOWLEDGE the many years of service from three Community Architectural Committee (CAC) members – Pat Mahoney, Gretchen Pivonka, and Hillary Dreyfuss. CAC Chair, Pat Mahoney, will complete a 6-year term on the CAC in January, 2024, the maximum allowed per the Community CC&Rs. She returned to the CAC in 2017 after a 4-year hiatus (she also served on the CAC from 2007 – 2013). In her collective 12-years on the CAC, Pat has been a vital source of knowledge and history. As a retired attorney, Pat always offers a thoughtful and careful approach to reviewing architectural applications. Her understanding and enforcement of the architectural rules is unparalleled. Pat also serves on her Woodbridge Board of Directors and volunteers for the Woodbridge Project Architectural Committee, so she is deeply invested in the upkeep and beautification of the Community she calls home. Her contribution to the CAC has been invaluable and she will be missed dearly! Gretchen Pivonka will complete a 6-year term on the CAC in February, 2024. This was also Gretchen’s second stint on the CAC, after previously serving from 2005 – 2011. Gretchen is our resident expert on all things landscaping, with her Master Gardener certification and educational background in Landscape Horticulture. Her understanding and familiarity of the plant guidelines in the Community cannot be matched. Gretchen previously served on the Woodbridge Board of Directors for many years, and serves as a backup volunteer for the Woodbridge Project Architectural Committee. She can always be counted on to offer her knowledge and recommendations to maintain

January | February | March 2024 17

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18 January | February | March 2024

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CLASS Has Three Big News Items by Jon Hamilton, CLASS, President

B

noise and pollutants. The meeting is January 17th at 6:30 PM , and is likely to be both in person and remote. All of those present will have a 2-minute opportunity to speak. Please visit classalameda.com in early January for more information. Remember, that without a robust response from the public, the FAA says that there isn't a problem. And don't forget to post your noise complaints for the same reason. Refer to the class alameda website to learn how to post your noise complaints. In 2019 there were approximately 1/4 million aircraft operations at OAK and that predictions are, with the expansion, there will be 1/3 million aircraft operations in 2038. Please consider volunteering to support CLASS by sending an email to info@classalameda.com. Without increased homeowner participation this organization will cease to exist, and thus there will be no watchdog over the airport noise. Your property values and quality of life are at stake here. The volunteers at hand have done their duty and it's your turn to take the helm. Take no action at your own peril!

OTH CLASS AND THE CITY OF ALAMEDA HAVE submitted robust responses to the OAK expansion draft environmental impact report (DEIR). The City Council response to the excellent turnout of Alameda residents at the October 3rd city council meeting was significant, to say the least. Having reviewed other agency/group responses, the DEIR responses from the City and CLASS were by far the most extensive and robust. A big thank you for all who made this happen and showed up at the city council meeting. The FAA has finally announced that starting in mid- January 2024, departing flights from the South field runway after 7:00 AM will no longer fly straight out, but rather make a 6-degree left hand turn, thereby increasing the distance from the homes in Bay Farm. This will help to reduce the jet noise heard by residents. CLASS will continue to push for measures to minimize jet noise. Note that prior to 7:00 AM the jets make a 30-degree turn to the left. Did you know that there is a quarterly public noise forum where the FAA attends? Your participation in the upcoming meeting would be a great opportunity to express your concerns about both airport operation

REGISTER YOUR AIRPLANE NOISE COMPLAINT flyquietoak.com/community/file - noise - complaint CALL 510.563.6463 SCAN THE QR CODE BELOW

The more people that call and complain, the more responsive the airport will be. Let ’ s work together to reduce airport noise. This is your opportunity to improve your quality of life in Harbor Bay.

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22 January | February | March 2024

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AssociationNews Bay Colony by Amanda Meng, Association Manager G REETINGS TO YOU DURING THIS BRIGHT TIME OF year! May you experience the light of laughter, the warmth of love, and the joy of gratitude this season and beyond. The association is pleased to announce that the Private Sewer Lateral (PSL) Project is moving forward. This is a great opportunity for you to get involved in your com munity. If you are interested in joining the PSL committee, please contact your Association Manager. Bay Colony needs your help. There are currently no active committees for architecture, landscaping, or mainte nance. Would you like to see changes in your neighbor hood? Would you like to be the one who gets things done? Join the Bay Colony volunteer team. Please submit an email to Management at BYC@harborbay.org if this sounds like something you may be interested in. A friendly reminder to please respect the parking rules in Bay Colony. There have been a lot of issues with cars park ing in non-designated parking areas including in fire lanes and even in front of fire hydrants! Please be aware of the parking designations and if you do happen to be parked in front of a fire hydrant, your car may be towed without notice. Please review the Bay Colony Rules & Regulations for more information. Monthly Board of Directors meetings are still available in hybrid format, meaning that homeowners have the option of attending meetings in-person at the Community Center, 3195 Mecartney Road, or attending meetings remotely via RingCentral. We encourage all homeowners to attend our Bay Colony monthly Board of Directors meetings to stay up-to-date on current events. Bay Colony meets every third Thursday of the month at 6:00 PM. Winter meeting dates are scheduled January 18th, February 15th and March 21st this year. These meeting dates are subject to change. Check the calendar at harborbay.org/calendar for meeting dates, times, agendas and other information related to the meetings.

Bay Isle Pointe by Felicia Jalen, Board President A ND SO BEGINS A NEW YEAR. A BIG THANKS TO the Board of Director volunteers. It continues to be a pleasure to serve on a board that works as a team. The board is cohesive and forward looking. We strive to be good stewards of our property values and make decisions that are based on our by-laws and CC&Rs. Thank you to our Treasurer, Paul Beusterien, who is our go-to guy! Paul is also on the Community Board and serves as the quiet voice in the room we all look to when we really need some direction. Secretery, Jon Hamilton, is always helpful with his engineering background, which is also useful with his work on the Project Architectural Committee (PAC) and CLASS. Ann Stonehouse is our Vice President, and the only board member that has younger children. It is really good to have her insight as we work to maintain our playgrounds, recreational parks, and safe well-lighted paths. Jan Rosa, 2nd Vice President and member of the Landscaping Committee, has wonderful ideas and insights and provides historical consistency. We continue working to improve the landscaping. I hope that everyone has noticed. We have established maintenance standards for existing landscaping, and are also slowly but surely replacing plants and trees that have aged out. Our goal is for Bay Isle Pointe landscaping to be aesthetically pleasing while being frugal with water. Please be aware, State of California Bill AB 1572 has mandated no more water wasting grass in median strips and other areas (other than recreational grass spaces) across all of Harbor Bay Isle. This will take effect by 1/1/2029. We will be working to set standards for grass replacement designs in Bay Isle Pointe, while harvesting EBMUD rebates. The Project Landscape Committee members are: Dave Kercher, Rod Harris, Jan Rosa, Laurie McLachlan-Fry, Ann Cross, Matt Ellinwood, and myself, Felicia Jalen.

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AssociationNews Bayview Harbor by Andrea Godoy, Association Manager H

Baywood Village by Andrea Godoy, Association Manager T

APPY HOLIDAYS BAYVIEW HARBOR NEIGHBORS from your Board of Directors and management. We wish you a happy and healthy new year!

HE BAYWOOD BOARD OF DIRECTORS AND management would like to wish you all a Happy New Year!

We will be reviewing proposals for renovation of curb strips around the association to revamp the aesthetics and place new plantings. Please note the trees in the curb strip are City of Alameda trees. If you have concerns regarding City trees, you may reach out to Public Works via SeeClickFix.com where you are able to track progress and comments by the City. The Board of Directors and management would like to thank all homeowners for communicating any exterior changes that will be performed on the property. We noticed a higher communication rate as courtesy letters have gone out, and we are able to close out violations as work gets completed. Thank you for helping keep Bayview Harbor looking great! Reminder, if you are intending to do any repairs, renovations, or updates to the exterior of your homes, please remember to submit your architectural applications to the Community Architectural Committee before starting any work. You can find all of the association’s architectural guidelines on the Harbor Bay website under the Architectural section and submit your application online too at harborbay.org/archapp. Please remember to report any suspicious activity in your neighborhood, not only to the Alameda Police Department (510) 337-8340, but also to CHBIOA Security at (510) 865-0417. For any association related questions or concerns, please contact management at (510) 865 3363.

With the new year come new parking tags. Please contact your Association Manager at BWV@harborbay.org to set up a date and time for your annual garage inspection to renew your parking application. For guest parking, please call the Baywood Guest Parking line at (510) 287-9200 and provide your name, address, telephone number, vehicle make and model, license plate information, start date and end date. Parking enforcement will cite any vehicle that was not called in for guest parking, or that has no current parking tag. If your vehicle has been towed, please call Auto Plus Towing at (510) 261-8199. Our private sewer lateral (PSL) project has started. EBMUD mandated homeowners have their PSL tested and any leaks repaired by 2029. Becasue Baywood Village HOA is responsible for the PSL, the Board selected Streamline Plumbing to complete the project. We would like to thank the crews for doing such a great job in starting phase 1. Notices will be posted on homeowner’s garages as your cul-de-sac comes up on the schedule. Please note, this notice will serve as a temporary parking placard for your vehicle if you have to park in a guest parking spot. The PSL project will take a few years to complete and we would like to thank all homeowners for their patience and flexibility. If you have further questions, you may contact your association manager at BWV@harborbay.org. Have a great 2024!

24 January | February | March 2024

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