Minutes of the
Regular Board of Directors Meeting
April 26, 2011
Date, Time and Place
Tuesday, April 26, 2011
at 7:00 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 Andrew Tenenbaum, Vice President Marshall Mintz, Treasurer Ed Gold, Secretary Pat Brill, John Siegler, Harold Tennen, and Dan Weingart.
General Manager Robert Avila was also present.
Association Members Present
The following Association Members were in attendance:
John Colton, Anita & Arthur Aratow, Andre Stojka, Arthur Bernstein, Shirlee Sevin, and Mary Perry.
Open Discussion Period
President Andrew Tenenbaum opened the meeting by allowing for questions and comments from Association Members in attendance. There were none.
Approval of Minutes
Mr. Mintz made the motion to approve the minutes of the March 30, 2011 regular Board of Directors meeting. The motion was seconded by Mr. Tennen and was approved by the following vote; Ayes: Brill, Gold, Mintz, Tenenbaum, Tennen, Weingart; Abstain: Siegler.
Financial Statement
Treasurer Ed Gold presented the Board with the March 2011 Financial Statement and explained its contents. A summary of the Association’s financial position as of March 31, 2011 is as follows:
March
Operating Fund |
2011 Actual |
2011 Budget |
2011 Variance |
| |
----------------- |
------------------ |
---------------------- |
| Total Income: |
$
379,487
|
$
375,488
|
|
| Total Expenses: |
$
333,294
|
$
365,653
|
|
| |
----------------- |
------------------ |
---------------------- |
| Net Income/Loss: |
$
46,193
|
$ 9,835
|
|
| Beg. Fund Bal. - 1/1/11 |
$ 47,060 |
|
| Fund Bal. -3/31/11 |
|
|
|
| |
|
|
|
March
Reserve Fund |
2011 Actual |
|
|
| |
----------------- |
|
|
| Total Income: |
$
60,334
|
|
|
| Total Expenses: |
$
23,501
|
|
|
| |
|
|
|
| Net Income/Loss |
$ 36,833 |
|
|
| |
|
|
|
| Beg. Fund Bal. - 1/1/11 |
$
689,608
|
|
| |
----------------- |
|
|
| Fund Bal. -3/31/11 |
|
|
|
Mr. Gold and Mr. Avila answered questions from the Board about the Financial Statement. After discussion, Mr. Tennen made the motion to approve the March 2011 Financial Statement. The motion was seconded by Mr. Weingart and was unanimously approved by the Board. Copies of the Financial Statements are available to Association Members, upon request.
Fitness Committee Report
The Board reviewed the minutes of the Fitness Committee’s March 23, 2011 meeting, again, as it related to its discussion about the ongoing Cardio Room TV Mute Rule issue. Fitness Committee Chair Anita Aratow reported that a compromise was unable to be reached with the group of homeowners who do not like the Rule.
Discuss Amending Fitness Center TV Mute Rule
Mr. Tenenbaum reported that he attempted to broker a compromise between the Committee and the group of homeowners who do not like the Rule, but was unsuccessful. Mr. Tenenbaum further reported that he is no longer interested in trying to work on the issue, and asked if fellow Board member John Siegler would be interested in trying, to which he agreed.
A discussion then ensued about whether the Board should intervene to amend the Rule. During the discussion, Mr. Weingart questioned the accuracy of the Committee’s statistics of the number of people who use the Cardio Room, as well as whether all of the suggestions placed in the Cardio Room’s Suggestion Box are being considered by the Committee. After discussion, Mr. Weingart made the motion to have the Committee contact the Management Office (“Office”) if it receives a suggestion that it cannot validate, and that if the Office validates the suggestion, the Committee must consider it in its discussion(s). The motion died due to the lack of a second to the motion.
Mr. Weingart then made the motion to amend the Rule to “after 10 a.m. people be allowed to watch without ear buds unless one person asks that the ear buds be turned on at such point they must be turned on.” The motion was seconded by Mr. Siegler and was followed by further discussion. After discussion, the motion was not approved by the Board with the following vote: Ayes: Weingart; Nays: Gold, Mintz, Siegler, Tenenbaum, Tennen; Abstain: Brill.
DWP - Stone Canyon Committee Report
Committee Co-Chair Andre Stojka reported on the status of the Stone Canyon Reservoir Cover Project, and also reported that he and Committee Co-Chair Andrew Tenenbaum are working on some outstanding issues with Stone Canyon and CPOR itself.
Neighborhood Council Report
Association Neighborhood Council representative Andre Stojka reported that t he status report of the two controversial construction projects has changed: the enormous estate, larger than Hearst Castle off Tower Road planned by an unknown party, is being modified due to the negative reaction from the community; the plans for a new hotel to be built on the UCLA campus, displacing the faculty club, have been withdrawn due to negative reaction from the community.
Emergency Preparedness Advisory Committee (“EPAC”) Report
The Board reviewed the notes of the April 11, 2011 EPAC meeting, at which it discussed the results of its CPR/CERT event, which was held the day before on Sunday, April 10, 2011. About 45 people attended the event to hear Los Angeles Fire Department Captain Stacy Gerlich speak on emergency preparedness and the new CPR guideline(s). Some community CB Radios and emergency preparedness kits were sold. The Committee felt it was a successful and informative event.
Capital Improvement Construction (“CIC”) Committee Report
Mr. Avila gave status reports on the two (2) pending projects: the Clubhouse First Floor Reconfiguration Project and the Claray Pool Area Project.
Status of Clubhouse First Floor Reconfiguration Project
Mr. Avila reported that negotiations have begun with the bidding contractors. Mr. Avila and CIC Committee Chair Miles Gibbons met with all three (3) bidding contractors and went through their bids with them. The contractors were asked to go back and “sharpen their pencils,” see where they can reduce their bids, and resubmit second bids within a couple of weeks. The contractors now know that the Project will not begin until the Fall.
Status of Claray Pool Area Project
Mr. Avila reported that the orange temporary fence has been removed and t he pool deck and changing rooms have been re-opened. A construction punch list has been created, and the lights are expected any day now. When the lights come in, the contractor will come out to install them and to complete the items on the punch list.
Tennis Committee Report
The Board reviewed the minutes of the Tennis Committee’s April 12, 2011 meeting, at which it continued to plan its upcoming social tennis tournament scheduled for May 22nd, and reported on its efforts to increase tennis participation in the community.
Discuss Proposed Online Tennis Court Reservation System
Mr. Weingart reported on his research into possibly establishing an online/Internet tennis court reservation system for the community. After looking at a number of vendors, Mr. Weingart reported that the one he liked most and felt it would be the best fit for the Bel Air Ridge community is provided by www.eClubConnect.com. Some of the advantages of the system include but are not limited to the system could also be used to make reservations at the Fitness Center, and that it can help people find other people with whom to play tennis and/or racquetball. Even after trying to negotiate better rates for the system, the system would cost $500 as a one-time set-up fee and $200 per month on an ongoing basis. There were questions about whether the costs are reasonable and whether the system would actually increase tennis participation in the community, as such, is it cost justified? After discussion, Mr. Weingart made the motion to approve going forward with the eClubConnect system, for a 6-month trial period, for only tennis court reservations initially, and to be paid for out of the Association’s general budget. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Security Committee Report
Mr. Avila reported on the security incidents that took place in the community from March 21, 2011 to April 17, 2011: 20 false burglar alarms, 26 unattended open garage doors, 2 suspicious person / vehicle / activity calls, 6 resident assistance calls, 1 vehicle collision, 2 medical emergencies, 1 stray dog, 2 snake sightings, 3 solicitors, 1 backyard fire, 1 attempted burglary, 2 loud parties, 1 speeding vehicle, and 1 Association rule violation related to construction hours.
Discuss Planning Annual Barbecue/Picnic
The Board discussed how to go about planning this year’s Annual Barbecue/Picnic, and whether to require the attendees to pay a nominal fee with the Association contributing some “seed-money” towards the event. It was noted that someone should be willing to chair a committee that will organize the event, and that the committee should propose financial arrangements for the event for the Board to consider. It was suggested that the homeowner who arranged the potluck picnic when last year’s event was canceled due to a low reservation count be contacted to see if she would be willing to head this year’s event committee. Mr. Tenenbaum said he would contact the homeowner to see if she would be interested in chairing the event committee.
Discuss Status of Ravenwood Court Common Driveway Parking Issue
Mr. Tennen reported that he is still trying to get the Fire Department to put something in writing that would say it feels allowing parking along the side of the Common Driveway would be acceptable, which could then be presented to the Association’s attorney to reconsider his previous opinion(s). The Board had continued discussions regarding the matter, with some Board members stressing that the Board cannot take action contrary to legal opinion otherwise Board members risk being exposed to personal liability. During the discussion, Mr. Tennen made the motion to remove the red paint from the curbs along the Ravenwood Court Common Driveway and that the no parking restriction along the side of the Driveway be rescinded. The motion was seconded by Mr. Weingart and was not approved by the Board with the following vote: Ayes: Tennen, Weingart; Nays: Brill, Gold, Mintz, Siegler, Tenenbaum.
Discuss How / Whether to Proceed with CC&R Project
The Board had continued discussions about possibly only amending certain sections of the current CC&Rs rather than preparing a completely and entirely new set of CC&Rs, as was discussed at last month’s Board meeting. After discussion, Mr. Mintz said he would come up with a bullet-point list of certain sections that should be amended for the Board to consider at its next meeting.
Discuss Re-Inspecting Angelo Drive Hillside Repair Site
Mr. Avila reported that Subsurface Designs, Inc. (“SDI”) is continuing its investigation into the possible problem with the Common Area hillside that was repaired behind 2512 and 2516 Angelo Drive a little over ten (10) years ago.
Mr. Avila further reported that it took a little a bit of time, but he located another soils engineering firm, ENGEO, Inc. (“ENGEO”), from which a second opinion on the possible problem can be obtained. The Association’s attorney is in the process of reviewing the firm’s proposed agreement. The agreement contained indemnity provisions the attorney did not find acceptable. ENGEO was open to amending their agreement so that it would be acceptable. Mr. Avila is waiting to receive ENGEO’s revised agreement for the attorney to review. Once an agreement is found acceptable, ENGEO can begin its investigation.
Adjournment
The regular Board of Directors meeting was adjourned at 8:35 p.m. An Executive Session of the Board of Directors followed to discuss the following matters:
Executive Session – General Notes
The Executive Session was called to order at 8:45 p.m.
The Board approved the minutes of the March 30, 2011 Executive Session.
The Board had continued discussions regarding its foreclosure efforts against the property legally described as Tract 31315, Lot 12, Unit 2 (APN #4382-029-088) for delinquent assessments.
The Board had continued discussions regarding the status of its collection of an attorney’s fees Court award judgment from an Association Member. The Association incurred attorney’s fees and Court costs in filing a lawsuit in order to gain the Member’s compliance with the CC&Rs.
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 discussed a matter regarding a contract with a third party.
The Board discussed a matter of potential litigation.
The Board discussed another matter regarding a contract with a third party.
The Executive Session was adjourned at 9:15 p.m.
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