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Minutes of theRegular
Board of Directors Meeting
January 24, 2012

Date, Time and Place
Thursday, January 24, 2012 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 Marshall Mintz, Vice President Andrew Tenenbaum, Treasurer Ed Gold, Secretary Pat Brill (via teleconference), Miles Gibbons, and John Siegler.  Harold Tennen was absent.   
General Manager Robert Avila was also present. 

Association Members Present
The following Association Members were in attendance:
David Siegan, Shirlee Sevin, Sandie Moshi, Martin Carlin, Arthur & Anita Aratow, Amir Navab, Gita Amar Vizzie, Bill & Mary Perry, Elinor & Tom Lenehen, Natalie Lachman, John Colton, Joan Herman, Sharron Holman, and Kathleen Rosenblatt.

Open Discussion Period
President Marshall Mintz opened the meeting by allowing for questions and comments on non-agenda items from Association Members in attendance. 

A homeowner asked what has to be done to consider having the Fitness Center stay open one hour longer.  It was suggested that the homeowner discuss the issue with the Fitness Committee Chair, so the Committee could discuss it and come to the Board with a recommendation. 

Approval of Minutes
Mr. Siegler made the motion to approve the minutes of the January 5, 2012 organizational Board of Directors meeting.  The motion was seconded by Mr. Gibbons and was approved by the Board with the following vote; Ayes: Brill, Gibbons, Gold, Mintz, Siegler; Abstain: Tenenbaum.

Review Homeowner Comments - Proposed New/Amended Operating Rules
The Board reviewed the comments that were received from homeowners about the proposed adoption of a new photo identification rule and the proposed amendment of a rule prohibiting cell phone use in the Fitness Center.

Photo ID Rule for All Recreation Facilities
In addition to reviewing the homeowner comments that were received, the Board heard from homeowners in attendance.  The Board members also discussed the proposed new rule among themselves, as well as heard from Pool Committee Co-Chairs Gita Amar Vizzie and Sharron Holman. 

A discussion ensued and included questions about whether the proposed new rule is written clearly enough to address all the issues raised, and how the rule would be implemented. 
During the discussion, it was noted that the Pool Committee said it would meet again since its town hall meeting in November to get more input from homeowners about the proposed new rule.  After a lengthy discussion, the Board took no action.  The Pool Committee will hold another town hall meeting to get more input from homeowners about the proposed new rule’s implementation, and it will reword the language of the proposed new rule. 

Fitness Center Rule Prohibiting Cell Phone Use
In addition to reviewing the homeowner comments that were received, the Board heard from homeowners in attendance.  The Board members also discussed the proposed rule amendment among themselves, as well as heard from Fitness Committee Chair Anita Aratow.  After discussion, Mr. Gold made the motion to amend the Fitness Center rule prohibiting cell phone use to, “There shall be no talking on cell phones in the gym.  Please take all cell phone calls outside.”  The motion was seconded by Mr. Tenenbaum and was unanimously approved by the Board. 

Financial Statement
Treasurer Ed Gold presented the Board with the November 2011 Financial Statement.  A summary of the Association’s financial position as of December 31, 2011 is as follows:

December
Operating Fund
2011 Actual
2011 Budget
2011 Variance
 
-----------------
------------------
----------------------
Total Income:
$ 1,515,965
$ 1,501,950

$ 14,015

Total Expenses:
$ 1,463,984
$ 1,435,870

$     (28,114)

 
-----------------
------------------
----------------------
Net Income/Loss:
$ 51,981
$   66,080

$ (14,099)

Beg. Fund Bal. - 1/1/2011

$   47,060

 
Transfer Surplus to Reserves
(47,060)
   
Fund Bal. - 12/31/11

$ 51,981

   
       
December
Reserve Fund
2011 Actual
   
 
-----------------
   
Total Income: 

$242,037

   
Total Expenses:
$ 302,966
   
 
   
Net Income/Loss
$ (60,929)
   
 
   
Beg. Fund Bal. - 1/1/2011
$ 689,607
 
Transfer Surplus to Operating
47,060
   
 
-----------------
   
Fund Bal. - 12/31/11

$ 675,738

   

Mr. Gold answered questions from the Board about the Financial Statement.  After discussion, Mr. Tenenbaum made the motion to approve the December 2011 Financial Statement.  The motion was seconded by Mr. Siegler and was unanimously approved by the Board.  Copies of the Financial Statements are available to Association Members, upon request.

Tennis Committee Report
Chair Amir Navab reported on the Committee’s January 12th meeting at which it organized for the coming year.  The Committee was divided into subcommittees to address concerns expressed by the Board last year.  The subcommittees are as follows: Advertising and Technology, Tournaments and Events, Maintenance, Liaison with Other Committees, Community Relations, and Pro Services. 

The Committee has already planned six (6) events for 2012 and will announce them when the date(s) get closer.  More effort will be placed on advertising for the events.  The Committee will continue to use technology to promote tennis in the community such as establishing a community Facebook page.  To do this, the Committee asked the Board to approve a few hundred dollars for someone to set up and maintain the page.  Mr. Tenenbaum said his son, Harry, could help with the Facebook page at no charge.  Homeowners will also be contacted by the Committee and invited to play tennis, and Tennis Pro Gene Malin will offer one (1) free introductory tennis lesson. 

The Committee expressed concern about people accessing Tennis Courts 1 through 4 when someone rents the Clubhouse, and asked if locks can be re-installed on the court entrance gates.  People from private Clubhouse events have accessed the courts in the past and left scuff-marks on the courts surfaces, and left cigarette butts and other trash debris.  The Board asked Mr. Avila to obtain a bid to install Key Fob readers on the court entrance gates. 

Fitness Committee Report
Chair Anita Aratow reported on the Committee’s January 16th meeting at which it discussed Fitness Center maintenance issues, discussed starting another yoga class, it discussed the need to replace the remaining older treadmill, it discussed the TV Mute Rule, it reviewed the suggestions that were placed in the Suggestion Box, and it discussed possible days/times/locations for future Committee meetings. 

Request to Increase Budget for New Treadmill
The Committee asked the Board to approve increasing the 2012 Reserve budget to replace the remaining older treadmill (Treadmill #2) from $5,000 to $6,400.  The Committee requested that the Board approve purchasing the same treadmill unit as the current Treadmill #1, which was acquired in 2011.  The original unit purchased to replace the old Treadmill #1 cost $5,000.  However, after a series of problems within the first couple of weeks of having the unit, the gym equipment company (Advantage Fitness Products) replaced the unit with an upgraded model at no additional charge to the Association.  The upgraded unit is well liked by gym users and is holding up well with the heavy usage it receives.  Therefore, the Committee feels the same upgraded unit, which costs $6,400, should be purchased to replace old Treadmill #2.  After discussion, Mr. Tenenbaum made the motion to approve increasing the budget to purchase the upgraded treadmill unit.  The motion was seconded by Mr. Siegler and was unanimously approved by the Board. 

Neighborhood Council Report
It was reported that the Neighborhood Council meets the following night.  So there was no Neighborhood Council Report.  

DWP - Stone Canyon Committee Report
Committee Co-Chair Andrew Tenenbaum reported that he had previously circulated a link on the Chat Group to the final Environmental Impact Report (“EIR”) that was prepared for the Stone Canyon Reservoir Cover Project.  The preparers of the EIR favor the floating cover as opposed to the buried tanks option to cover the Reservoir.  The hearing at which the DWP Board of Commissioners will vote on whether to adopt the findings in the EIR is scheduled Tuesday, February 7, 2012.  Committee Co-Chair Andre Stojka is preparing a list of talking points for people who attend. 

Architectural & Landscaping Committee (“ALC”) Report
ALC Chair Ed Gold reported on the ALC’s January 17th meeting at which it approved all three (3) property improvement requests that it received. 

Security Committee Report
Security Committee Chair Harold Tennen reported on the number and types of security incidents that took place in the community from November 14, 2011 to January 15, 2012: 51 false burglar alarms, 117 unattended open garage doors, 21 resident assistance calls, 13 suspicious persons / vehicles / activities, 14 parking enforcement issues, 1 back up assistance needed outside of the Association, 3 solicitors, 2 medical emergencies, 3 loose dogs, 1 vandalism, 2 HOA Rules enforcement incidents, 1 barking dog, 2 loud parties, and 1 traffic collision. 

Capital Improvement Construction (“CIC”) Committee Report
CIC Chair Miles Gibbons gave a status report on the pending Clubhouse First Floor Renovation Project. 

Status of Clubhouse First Floor Renovation Project
Mr. Gibbons reported that the Project is currently on hold while the fire alarm issue is addressed.  The City is requiring that the fire alarm system for the entire Clubhouse (first and second floors) be upgraded to meet current Codes.  The installation of the new fire alarm system is in the process of being scheduled.  Once it’s installed and inspected and approved by the City, the Project can resume. 

Discussion Regarding Conducting Open Committee Meetings
In order to encourage and allow more participation by homeowners, the Board discussed requiring that all committees hold their meetings at the Clubhouse, when available, and to give prior notice (along with the meeting agenda) to the community.  After discussion, Mr. Gold made the motion to require this of all committees.  The motion was seconded by Mr. Gibbons and was unanimously approved by the Board.  All committees will be instructed that they have to disseminate at least a reasonable time in advance of their meetings, the date of the meeting, the time of the meeting, the location of the meeting, and the agenda on the Chat Group and that they be posted at the Fitness Center and Claray Clubhouse just as the Board meeting agendas are posted. 

Status of CC&Rs Amendment/Restatement Project
Mr. Avila reported that as of that day, 158 votes had been received and reminded the Board that it extended the voting deadline to April 2, 2012.  The Board asked Mr. Avila to send out another notice reminding homeowners to vote. 

Mr. Avila also reported that he has only received responses from 109 homeowners providing their mortgage holder(s) contact information.  Association attorney Glen Kulik is looking into the costs that would be involved in obtaining the necessary information through other methods. 

Continued Discussion Regarding Bel Air Preschool Issue
The Board had continued discussions about the matter involving Rabbi Mentz, who owns a house just outside of the Association at 2851 Nicada Drive, advertising that he is going run a preschool out of the house. 

Mr. Tenenbaum reported that there was an error in the November 22, 2011 Board meeting minutes that he was unable to point out before because he did not attend the January 5, 2012 organizational Board meeting at which the minutes were approved.  Mr. Tenenbaum stated that the sentence, “By the end of the meeting, Rabbi Mentz proposed that he submit a letter to the Association committing not to increase the size of his day care operation beyond its current size” should instead read that Rabbi Mentz “would consider submitting a letter proposing not to increase the size of his entire operations, physically or operationally.”  That is what Mr. Tenenbaum and Rabbi Mentz discussed, although no commitments were made by anyone.

It was reported that the meeting that was to take place between Rabbi Mentz and Messrs Mintz, Tenenbaum, and Tennen did not take place yet.  Messrs Tenenbaum and Mintz said they would contact Mr. Tennen to arrange and hold the meeting before the next Board meeting before the Board decides what steps to take next. 

Adjournment

The regular Board of Directors meeting was adjourned at 8:50 p.m.  An Executive Session of the Board of Directors followed to discuss the following matters:

Executive Session - January 24, 2012 - General Notes

The Executive Session was called to order at 9:00 p.m.

The Board approved the minutes of the January 5, 2012 Executive Session.

The Board had continued discussions regarding pending litigation involving its recent foreclosure on the property legally described as Tract 31315, Lot 12, Unit 2 (APN #4382-029-088) for delinquent assessments, and the effort to obtain possession of the property from the occupant. 

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

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 a matter of potential litigation related to unauthorized grading on Association property.

The Executive Session was adjourned at 9:30 p.m.

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