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Minutes of the Regular
Board of Directors Meeting
April 24, 2012

Date, Time and Place
Tuesday, April 24, 2012 at 7:05 p.m. at the Claray Clubhouse, located at 2760 Claray Drive, Bel Air, California 90077

Quorum
A quorum was established with the following Board members present:
President Marshall Mintz, Treasurer Ed Gold, Secretary Pat Brill (via teleconference - called in at 7:10 p.m.), Miles Gibbons, John Siegler, and Harold Tennen (arrived at 7:30 p.m.).  Vice President Andrew Tenenbaum was absent.  General Manager Robert Avila was also present. 

Association Members Present
The following Association Members were in attendance:
Anita & Arthur Aratow, Sharron Holman, Gita Amar Vizzie, Ron Cornell, Mary Perry, Anita Seigel, Sandie Moshi, Andre Stojka, Elinor & Thomas Lenehen, Ed Cain, Amir Navab, Uzy Blachman, Sandy Goner, Sharon Kopman, Natalie Lachman, and Ellen Michel. 

Open Discussion Period
President Marshall Mintz opened the meeting by allowing for questions and comments on non-agenda items from Association Members in attendance.  There were none. 

Approval of Minutes
Mr. Gibbons made the motion to approve the minutes of the March 27, 2012 regular Board of Directors meeting.  The motion was seconded by Mr. Gold and was unanimously approved by the Board.

Financial Statement
Treasurer Ed Gold presented the Board with the March 2012 Financial Statement.  A summary of the Association’s financial position as of March 31, 2012 is as follows:

March
Operating Fund
2012 Actual
2012 Budget
2012 Variance
 
-----------------
------------------
----------------------
Total Income:
$ 404,826
$ 379,550

$ 25,276

Total Expenses:
$ 362,115
$ 385,996

$   23,881

 
-----------------
------------------
----------------------
Net Income/Loss:
$ 42,711
$ (6,446)

$ 49,157

Beg. Fund Bal. - 1/1/12

$  30,643

 
Fund Bal. - 3/31/12

$ 73,354

   
       
March
Reserve Fund
2012 Actual
   
 
-----------------
   
Total Income: 

$ 61,525

   
Total Expenses:
$ 79,726
   
 
   
Net Income/Loss
$ (18,201) 
   
 
   
Beg. Fund Bal. - 1/1/12
$ 655,698
 
 
-----------------
   
Fund Bal. - 3/31/12

$ 637,497

   

Mr. Gold explained the contents of the Financial Statement, and answered questions from the Board.  After discussion, Mr. Siegler made the motion to approve the March 2012 Financial Statement.  The motion was seconded by Mr. Gibbons and was unanimously approved by the Board.  Copies of the Financial Statements are available to Association Members, upon request.

* Secretary Pat Brill called in to the Board meeting at this time. 

Neighborhood Council Report

Association representative Andre Stojka reported on the last Neighborhood Council meeting at which it was announced that due to public protest the eastern border of the new redistricted Council District 5 would not go down the middle of Benedict Canyon Drive, as previously reported.  The border will instead be east of and include all of the homes on Benedict Canyon Drive, so all the homes on Benedict Canyon Drive would be in the same District. 

It was also announced that the Fire Department would be contracting a tree trimming service to trim trees along Beverly Glen Boulevard.  It was suggested that Mr. Avila keep an eye on the work, to try to ensure that the contractor does not “butcher” any Association trees. 

Mr. Stojka also reported advising the Council of the DWP’s decision to adopt the floating cover, with no public access, as the option to cover Upper Stone Canyon Reservoir. 

EPAC Chair Ron Cornell attended the last Council meeting to make a presentation about emergency preparedness, and to explain Bel Air Ridge’s efforts in the area of emergency preparedness.  Mr. Cornell is trying to get all of the communities involved in the Council to join and participate in EPAC’s emergency CB Radio network. 

Mr. Stojka further reported that Councilman Paul Koretz has proposed an ordinance that would ban plastic bags being used any longer, which the Neighborhood Council voted to support. 

Emergency Preparedness Advisory Committee (“EPAC”) Report
EPAC Chair Ron Cornell presented the Board with the minutes of the Committee’s April 9th meeting, which the Board reviewed.  Mr. Cornell highlighted his report by advising that he would be picking up Emergency Survival Guides prepared by Los Angeles County so they can be distributed to all of the homes in the community.  Mr. Cornell also reported that he would like to set a day and time to have monthly radio network check-ins on the Association’s in-house two-way radio system, which is different than the Committee’s CB Radio system, with Association personnel, ACS Security, Midori Gardens, some members of EPAC, and some Board members.  This would be to familiarize everyone with the radio system, so in the event of an emergency, everyone will know how to operate the radios.  The Board agreed with the idea, and it was decided to have the monthly check-ins on the first Monday of each month at 8:30 a.m.

EPAC member Ed Cain reported on an incident that he was involved in recently at a movie theater where the facility lost power and there was confusion between the facility’s management and security.  With this incident, Mr. Cain and Mr. Cornell stressed the importance of having Mr. Avila and the Board trained, along with EPAC, in how to respond to potential emergencies.  The Board and Mr. Avila expressed their agreement and asked the Committee to come up with the appropriate training. 

* Board member Harold Tennen arrived at the Board meeting at this time.

Tennis Committee Report
Committee Chair Amir Navab presented the Board with the minutes of the Committee’s April 10th meeting, which the Board reviewed.  Mr. Navab reported on the Committee’s April 1st social tennis tournament, which had a lower than desired attendance due to rain the night/day before.  However, those who attended enjoyed the event.  Mr. Navab also reported that the Committee wants to get together with the Pool and Fitness Committees to coordinate sort of a “sporting event” to endorse and promote other sports besides tennis such as swimming and fitness training.  The Board liked the idea. 

Pool Committee Report
Committee Co-Chair Sharron Holman reported on the Committee’s last meeting, which it held via email due to conflicts with Committee members’ schedules.  Mr. Mintz explained that it is more effective for committees to hold actual meetings, not meetings via email, so interested homeowners can be present to give their input on particular issues. 

Recommendation(s) for Implementing New Proposed Photo ID Rule as it Relates to Adult Children of Residents  Mrs. Holman reported that during its email meeting the Committee again considered how to address the issue of non-resident adult children using the pool areas.  After considering the issue, the Committee again recommended that the rule requiring that all guests be accompanied by an Association-resident remain the same, requiring non-resident adult children to be accompanied by their Association-resident parents when using the pool areas. 

Mr. Mintz explained that there appeared to have been a misunderstanding in that the Board had requested that the Committee come back with a recommended rule to allow non-resident adult children of residents to use the pool.  Committee Co-Chair Gita Amar Vizzie explained the reasons for the Committee’s recommendation and why it disagrees with the Board’s desire to allow the use. 

After a lengthy discussion, which included hearing from homeowners in attendance, the Committee was asked again to hold an open meeting to develop a recommendation for the Board to consider to adopt a new rule and guest-pass system that would enable non-resident adult children of residents, only, to use the Recreation Facilities. 

It was noted that when the above-mentioned rule and guest-pass system is adopted, the existing Recreation Facilities rules that require guests to be accompanied by residents would have to be amended. As a result, Mr. Gibbons made the motion to amend all of these existing rules to reflect the ability of a guest (non-resident adult child of resident) to use a guest-pass (yet to be developed) with photo identification in order to use the Facilities without being accompanied by a resident.  The motion was seconded by Mrs. Brill and was approved by the Board with the following vote; Ayes: Brill, Gibbons, Gold, Mintz, Siegler; Nays: Tennen.

Review Homeowner Comments on Proposed Photo ID Rule Adoption
The Board reviewed the comments that were received from homeowners about the proposed adoption of a new photo identification rule.  After discussion, Mr. Gibbons made the motion to adopt the new photo identification rule, which reads:

“All users of Bel Air Ridge facilities may be asked to present photo identification, such as a copy of a state-issued driver’s license or other photo identification deemed acceptable by BAR management.  Facilities users who are unable or unwilling to produce photo identification may be required to promptly leave the facilities.” 

The motion was seconded by Mr. Siegler and was approved by the Board with the following vote; Ayes: Brill, Gibbons, Gold, Mintz, Siegler; Nays: Tennen. 

* Board member John Siegler left the Board meeting briefly at this time. 

Recommendation for Less Expensive Photo ID System
The Committee again recommended that the Board purchase the same photo ID producing system it recommended last year for $2,359.  The Board took no action and postponed this matter. 

Fitness Committee Report

Committee Chair Anita Aratow reported on the Committee’s April 16th meeting, at which it discussed Fitness Center maintenance issues and Fitness Center rule issues. 

Proposed Amendment to Cardio Room TV Mute Rule
Mrs. Aratow reported that the Committee has proposed amending the current Cardio Room TV Mute Rule to read as follows:

“The TV in the Cardio Room will be on MUTE unless there are no more than two people in the room and both agree to leave the sound on.  If one of the two wants the sound off, the TV will be muted.  If a third person comes into the Cardio Room the TV will be put on MUTE. The cardio users can listen to the TV by connecting ear-buds to the receivers that are installed on all the cardio equipment.”

After discussion, Mrs. Brill made the motion to start the 30-day comment period to consider adopting the proposed rule amendment.  The motion was seconded by Mr. Gold and was unanimously approved by the Board. 

Review Homeowner Comments on Proposed Non-Marking Soled Shoes Rule Amendment

The Board reviewed the comments that were received from homeowners about the proposed rule amendment to require non-marking soled shoes be worn in the Fitness Center to prevent marking the hardwood floors in all areas other than just the racquetball court.  After discussion, Mr. Tennen made the motion to adopt the rule amendment, which reads:

“All gym users are required to wear non-marking rubber soled shoes in the Fitness Center.”

The motion was seconded by Mr. Gibbons and was unanimously approved by the Board.

Wine Tasting Event Committee Report
Committee Co-Chair Anita Seigel reported on the Committee’s April 11th meeting, at which it began planning this year’s wine tasting event.  The Committee chose Sunday, October 14, 2012 as the date for the event.  A “Save the Date” notice will be appearing in the next Wildlife newsletter.  The Committee is also looking for more volunteers to help with the event.  Activity ideas for the event include a raffle and silent auction.  The Committee’s research and planning is ongoing, and it plans to submit a proposed event budget for the Board to consider at the June Board meeting. 

* Board member John Siegler returned to the Board meeting at this time. 
 
Technology Committee Report

Committee Chair John Siegler reported on the projects on which he is currently working.

Consider Pricing for Emergency Notification System

Mr. Siegler reported that he has almost completed his research into identifying an emergency notification system for the Association.  Mr. Siegler has found a vendor that he feels will meet the Association’s needs.  The system utilizes automated phone calls and SMS text messages, and the cost, which is inexpensive, is per call/text on an as-needed basis.  Mr. Siegler is still researching how the system works and asking questions of the vendor. 

Status of Setting Up Second Community Yahoo Chat Group

Mr. Siegler reported that he is continuing to import all of the email addresses from the first Chat Group to the second Chat Group.  As reported last month, it’s taking a little bit of time because Yahoo does not permit too many email addresses to be imported over onto another Chat Group database in an effort to reduce “spam.”  Mr. Siegler hopes to have the importing completed within the next 20 to 30 days. 

Capital Improvement Construction (“CIC”) Committee Report
Committee Chair Miles Gibbons reported on the Committee’s April 12th meeting, at which it reviewed the status of the Clubhouse First Floor Renovation Project and continued its work on selecting new furniture and furnishings for the Game Room.   

Status of Clubhouse First Floor Renovation Project

Mr. Gibbons reported that the Project is approximately 99% completed, with some minor issues still outstanding.  The issues are being addressed and it is hoped that the restrooms can be re-opened by next week.  The Management Office has already moved back into the Clubhouse.  Mr. Gibbons reported that the Committee is very pleased with the results of the Project.

Status of Selection of New Furniture and Furnishings
Mr. Gibbons reported that the Committee is half way through the furniture selection process for the newly renovated Game Room, having met with the designer for the first time.  In their first meeting, the Committee reviewed some of the designer’s initial ideas and gave her input in order for her to narrow her future recommendations.  The Committee will be meeting with the designer again next week to review her furniture and finish recommendations

Discuss Recommendation to Purchase New Pool Table for Game Room

It was reported that as the Committee toured the Project areas during its meeting, it felt that the design of the existing pool table is old and it does not blend with the newly renovated Game Room.  Therefore, the Committee recommended the purchase of a new pool table, with a design that blends well with the Game Room.  With the help of the designer, the Committee found a Riviera Contemporary Pool Table for approximately $6,000 and recommended that the Board approve its purchase.  After discussion, Mr. Gibbons made the motion to approve purchasing the recommended new pool table.  The motion was seconded by Mrs. Brill, and further discussion followed.  Mr. Gold then made the motion to postpone the matter.  The motion to postpone was seconded by Mr. Siegler and was approved by the Board with the following vote; Ayes: Brill, Gold, Siegler, Tennen; Nays: Gibbons, Mintz. 

Discuss Having a Project Completion Open House Event
The Board postponed this matter for discussion at a later date. 

Architectural & Landscaping Committee (“ALC”) Report
ALC Chair Ed Gold reported on the ALC’s April 16th meeting, at which it approved four (4) out of five (5) property improvement requests that it received.  Only a portion of the fifth property improvement request was approved. 

Security Committee Report
Committee Chair Harold Tennen reported on the number and types of security incidents that occurred in the community from March 19, 2012 to April 15, 2012: 26 false burglar alarms, 62 unattended open garage doors, 6 resident assistance calls, 5 suspicious persons / vehicles / activities, 1 loose dog, 1 vandalism to a motor vehicle, 1 residential burglary, 1 medical emergency, 2 parking enforcement issues, and 1 power outage.

Continued Discussion Regarding Proposed Project to Address Increase in Criminal Activity
The Board had continued discussions regarding Mr. Tennen’s proposed project of placing undercover “spotters” in cars on certain streets during the overnight hours to keep an eye out for suspicious activities/persons and to report any observed to the ACS Security Officer on duty for an immediate response.  Mr. Tennen reported speaking with the president of ACS Security, who said he could provide undercover security officers for the project at a rate of $25 per hour, rather than having non-security personnel working on the project.  There was a question of whether the Association should incur the expense of the project since there had been a recent decrease in criminal activity in the community.  After discussion, Mr. Siegler made the motion to authorize Mr. Tennen to spend a not to exceed budget of $2,000 to use ACS Security officers as undercover “spotters” to augment ACS Security patrols at his discretion should criminal activity increase in the future and between Board meetings.  The motion was seconded by Mr. Tennen and was unanimously approved by the Board. 

Status of CC&Rs Amendment/Restatement Project
Mr. Avila reported that as of that day, 178 votes had been received and reminded the Board that the voting deadline is October 1, 2012.   

Mr. Avila also reported that the mortgage lending professional who was retained to identify all homeowners’ mortgage lender information is about half way completed with the project. 

Discuss Starting to Re-Issue Key Fobs
Mr. Avila reported that now that he and Assistant Manager Debbie Schwartz have moved back into the Clubhouse, he could start re-issuing new Key Fobs to all homeowners, which has been discussed for some time.  Mr. Avila presented the Board with a draft notice that would go out to the community announcing the Key Fob re-distribution.  All homeowners are being asked to go to the Management Office to exchange their existing Key Fobs for new Key Fobs.  The notice also explained the details of the exchange process, which the Board had discussed previously.  All old Key Fobs that are not exchanged by June 4th will be automatically de-activated.  The Board felt the draft notice was acceptable.

Mr. Avila reminded the Board that there had been discussions in the past about possibly limiting the number of Key Fobs permitted for each household, and asked the Board if it wanted to place such a limit.  After discussion, the Board decided to limit each household to three (3) Key Fobs and that the Board at its discretion may approve issuing more upon request by a homeowner on a case by case basis. 

Review Structural Assessment Report for Fitness Center
Mr. Avila reported that due to observing cracks in some walls inside and outside of the Fitness Center, he had a structural engineer perform an assessment of the structure.  The structural engineer opined that there is no structural concern.  The interior cracks are cosmetic cracks in the drywall joints.  The exterior cracks are the result of differential expansion and contraction between two types of material that were used in building the Fitness Center.  Mr. Avila reported that he will proceed with the repairs recommended by the structural engineer. 

Proposed Smoking Restriction Rule Adoption/Amendment
Mr. Avila reminded the Board that it postponed this matter from last month’s Board meeting.  As requested at the February Board meeting, last month Mr. Avila presented the Board with proposed language to consider to amend the Clubhouse rental rule and to adopt a new Tennis Court rule to adequately restrict smoking.  After discussion, Mr. Siegler made the motion to start the 30-day comment period to consider both the proposed rule amendment and proposed rule adoption, as amended.  The motion was seconded by Mr. Gibbons and was unanimously approved by the Board. 

Adjournment

The regular Board of Directors meeting was adjourned at 9:40 p.m.  An Executive Session of
the Board of Directors followed to discuss the following matters:

Executive Session - April 24, 2012 - General Notes

The Executive Session was called to order at 9:45 p.m.

The Board had continued discussions regarding pending litigation related to a dispute over a CC&Rs violation.

The Board approved the minutes of the March 27, 2012 Executive Session.

The Board had continued discussions regarding pending litigation involving the eviction of the person occupying the property legally described as Tract 31315, Lot 12, Unit 2 (APN #4382-029-088), which the Association took possession of through foreclosure for delinquent assessments. 

The Board had continued discussions regarding its foreclosure efforts against the property legally described as Tract 32229, Lot 6, Unit 8 (APN #4379-035-088) for delinquent assessments.

The Board had continued discussions regarding its foreclosure efforts against the property legally described as Tract 32228, Lot 1, Unit 6 (APN #4379-035-155) for delinquent assessments.

The Board had continued discussions regarding a matter of potential litigation related to unauthorized grading on Association property.

The Executive Session was adjourned at 10:10 p.m.


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