Date, Time and Place
Tuesday, January 25, 2011at 7:00 p.m. at the Claray Clubhouse, located at 2760 Claray Drive, Bel Air, California 90077
A quorum was established with the following Board members present:
President Andrew Tenenbaum (arrived at 7:20 p.m.), 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:
Arthur & Anita Aratow, John Colton, Lenore Miller, Art Macnow, Karen Stillman, Andre & Leslie Stojka, Arthur Bernstein, Stefanie Narayan, Steven & Kathleen Rosenblatt, and Michael Brill.
Open Discussion Period
In President Andrew Tenenbaum’s absence, Vice President Marshall Mintz opened the meeting by allowing for questions and comments from Association Members in attendance.
Homeowner Art Macnow asked if homeowners would be allowed to speak on agenda items as the Board discussed them during the course of the meeting, as it was not permitted some years in the past. Mr. Mintz explained that it’s been up to the President each year and since he’s presiding over the meeting until Mr. Tenenbaum arrives, he would allow it as long as it doesn’t disturb the meeting.
Pool Committee member Lenore Miller expressed concern about the Board’s intent to explore installing a solar panel heating system on the Claray Pool, saying she has heard that such systems do not heat pools to desired warm temperatures. It was explained that such systems do not completely replace the need for natural gas heaters. But rather, the system works along with natural gas heaters to heat pools to the desired temperature while using less natural gas, thus, conserving energy. It was further explained that the system uses the same kind of thermostats as natural gas heaters and that both would work together to heat the pool to the preset desired temperature. Mrs. Miller was advised that the Board is still conducting its research and bids are still being obtained. Mrs. Miller was further advised that the Pool Committee would be given an opportunity to meet with representatives from the “finalist bidders” so they can answer any questions the Committee and other interested homeowners may have.
Homeowner Andre Stojka reported that he recently had the spark arrestor on his chimney replaced. In doing so, he and the contractor noticed that many homes in the community do not appear to have spark arrestors on their chimneys - spark arrestors help prevent embers from escaping from the chimney and causing a fire. Mr. Stojka said he wanted to bring it to the Board’s attention. Mr. Avila was asked to contact Mr. Stojka’s contractor about placing an ad in the newsletter, and to write something for the newsletter about spark arrestors.
Approval of Minutes
Mrs. Brill made the motion to approve the minutes of the January 6, 2011 organizational Board of Directors meeting. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
DWP - Stone Canyon Committee Report
Committee Co-Chair Andre Stojka reported that CPOR has been asked about its availability during the first week of February so the DWP can make a presentation on the status of the EIR. CPOR has provided the DWP with its availability and the presentation is in the process of being set up. Other than this, there was nothing new to report.
Neighborhood Council Report
Association Neighborhood Council representative Andre Stojka reported that t here was no meeting of the Neighborhood Council in December.
he Neighborhood Council took a position in November to have the City inventory electrical and telephone poles as the City currently has no idea of how many poles are in the community and where they are located. There are now reports of an inventory being started. This becomes an issue when companies wish to place equipment on these poles.
The Neighborhood Council opposed the sale of City-owned public parking garages to private operators (think of Broxton garage in Westwood). A petition was circulated opposing the sale but the City Council approved the sale despite public opposition.
Capital Improvement Construction (“CIC”) Committee
Mr. Avila presented the Board with the minutes of the CIC Committee’s January 12, 2011 meeting.
Status of Clubhouse First Floor Reconfiguration Project
Mr. Avila reported that the Construction Documents (“CDs”) for the project were completed and submitted to the City for Plan Check and were returned for corrections, which primarily dealt with structural calculations. The CDs will be resubmitted to the City this Friday, and the DLR Group will be meeting with the appropriate City divisions next week to obtain the necessary sign-offs. The CIC Committee is also in the process of selecting the finishes.
*President Andrew Tenenbaum arrived and started presiding over the Board meeting at this time.
Status of Claray Pool Area Project
Mr. Avila reported that the Engineering Design Group (“EDG”) completed its initial assessment of the concrete cantilevered deck in the Claray Pool Area. EDG opined that the cracks and exposed rebar in the surface of the deck and underneath are the result of improper placement of the steel reinforcement (rebar). The rebar is placed without sufficient concrete coverage and resulting in cracking along the rebar. EDG recommended that a radar survey be done to locate
all of the reinforcement (rebar) in the concrete slab, at a cost of between $1,500 and $1,700. Once this is done, EDG will locate 3 to 4 locations for removal of the concrete to expose the rebar and assess the structural integrity. Once this is determined, repair alternatives can be developed and provided to the Board for consideration. After speaking with the engineer from EDG, Mr. Avila briefly explained the two (2) repair alternatives being considered, one of which is much more extensive and more expensive than the other. But, the radar survey needs to be done before EDG can recommend the appropriate repair alternative. After discussion, Mr. Tennen made the motion to authorize the radar survey at a cost of not to exceed $2,000. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Architectural & Landscaping Committee (“ALC”) Report
The Board reviewed the minutes of the ALC’s January 18, 2011 meeting, at which it approved two (2) of the three (3) property improvement requests it received. The ALC also decided to leave the planting area at the corner of Briarwood Drive and Beverly Glen Boulevard in its current location, and it decided not to address the language of Section 2B (Swing Sets and Play Houses) in the newly amended Architectural & Landscaping Guidelines until it becomes an issue.
Tennis Committee Report
The Board reviewed the minutes of the Tennis Committee’s January 11, 2011 meeting, at which it discussed the various tennis clinics and social tennis events it wants to hold during the year.
Request for Additional Committee Appointment
It was reported that homeowner Doug Levy wishes to be appointed to the Tennis Committee. Mr. Mintz made the motion to appoint Mr. Levy to the Committee. The motion was seconded by Mr. Siegler and was unanimously approved by the Board.
Security Committee Report
Mr. Avila reported on the security incidents that took place in the community from December 6, 2010 to January 16, 2011: 18 false burglar alarms, 110 unattended open garage doors, 7 suspicious persons / vehicles / activities, 2 resident assistance calls, 1 parking enforcement issue, 2 solicitors, 1 Association rule enforcement, 1 graffiti incident, 1 noise disturbance, 1 trespassing, 1 medical emergency with Fire Department response, 3 fallen trees / branches, 4 stray dogs, and 1 stray cat.
Follow Up on Owner Request for Barrier at the End of Basil Lane Common Driveway
Mr. Avila reported that he obtained a legal opinion on the matter, as requested by the Board. In summary, the opinion was that Mr. Avila and / or the Board should do an inspection of the area in question and investigate whether it is felt that circumstances have changed over the years to warrant a change and whether the current condition presents a hazard, and to make an informed decision based upon the findings. With that, Mr. Avila reported inspecting the area in question and reported that the community’s demographics have in fact changed with more children living in the community than many years ago. Mr. Avila further reported that he does feel the current condition of the area poses a potential safety hazard, and thus, exposes the Association to potential liability. Mr. Avila also reported that he feels the east side of the Bel Air Ridge Park poses a similar safety hazard. Mr. Avila recommended that barriers such as hedges / shrubs that will be maintained at a height of no more than 2-feet (to preserve the views) be planted in both areas.
After a discussion, Mr. Mintz made the motion to authorize Mr. Avila to confer with Midori to determine what kind of hedge to plant at the end of the Basil Lane Common Driveway and to carry out that planting, and to develop a recommendation on what to do on the east side of the Bel Air Ridge Park. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Discuss Procedures for Changing Gym Rules
Homeowner Karen Stillman asked the Board about possibly changing the procedure for changing rules that were adopted if homeowners disagree with the new rule, citing an issue that has been discussed numerous times over the past few months about a newly adopted gym rule. It was explained that committees do research, then they recommend proposed new rules to the Board for consideration, the Board then promulgates the proposed new rule to the community for a 30-day comment period (30-day comment period is required by California law), and then the Board adopts or does not adopt the proposed new rule based upon the comments it receives during the 30-day comment period. Fitness Committee members who were in attendance at the meeting and the Board members discussed the issue with Ms. Stillman. It was again suggested, as was suggested in the past, that homeowners who disagree with a rule attend a meeting of the appropriate committee to discuss the issue with the committee, or for interested homeowners to join the committee. After a lengthy discussion, no action was taken due to there not being a motion made by any Board member.
Request for Board Decision on Ravenwood Court Common Driveway Parking Issue
Mr. Avila reported that he obtained a legal opinion, as requested by the Board, on whether the Association is exposed to liability by allowing vehicles to park on the Ravenwood Court Common Driveway. In summary, the Association’s attorney opined that the Association is exposed to liability, and that after reviewing the CC&Rs further opined that parking on the Common Driveway is, and should be, prohibited. Mr. Avila reported advising Mrs. Rosenblatt of the legal opinion. Homeowners Kathleen and Steven Rosenblatt, who were in attendance at the Board meeting, reported that they had all of the firewood removed from the shoulder of the Common Driveway, as required.
he Board then reviewed all of the documents related to the issue, including new documents that Mrs. Rosenblatt recently provided. One of the documents
included an email Mrs. Rosenblatt obtained from the paramedic who provided an email to the Board at its last meeting. Mrs. Rosenblatt advised the paramedic that the firewood had been removed from the shoulder and that it would allow vehicles parking on the side to park more off of the Common Driveway, and asked him if it would provide more room for emergency vehicles to pass. The paramedic said it would allow access up the Common Driveway if needed. Mrs. Rosenblatt explained to the Board that now that the firewood has been removed from the shoulder vehicles will be able to park more off of the Common Driveway so as not to restrict access by emergency vehicles. There was a question as to whether the Board should allow parking in the area since it has a legal opinion saying the Association would be exposed to liability and that parking is, and should be, prohibited. After discussion, Mr. Tennen made the motion to present the new facts and documents to the Association’s attorney to see if it changes his opinion and if parking can be allowed without exposing the Association to liability. The motion was seconded by Mr. Siegler and was unanimously approved by the Board.
Discuss and Decide Possible Cell Site Locations for Verizon Wireless
Mr. Avila reported that an engineer from Verizon Wireless (“Verizon”) recently conducted a limited survey of the Association and the Bel Air Glen community to measure signal reception strength in the various parts of both communities. In an effort to improve signal reception, Verizon might be interested in installing mircocell sites in one or more parts of both communities. In order to investigate this possibility further, Verizon asked both communities for possible locations where microcell sites may be able to be installed. Mr. Avila presented the Board with a map of the community on which he identified possible locations labeling some locations as ideal and others less ideal. The Board reviewed the map and discussed the possibilities. After discussion, the Board asked Mr. Avila to present the map to Verizon for the purpose of continuing its investigation and research further, and that the Association is not making a commitment to any of the locations, at this time, until a proposal for installation is received back from Verizon.
Review and Discuss New Name of Association Newsletter
The Board discussed the new name of the Association’s newsletter, “Life on the Ridge.” After discussion, Mr. Mintz made the motion to change the newsletter’s name back to “The Wildlife.” The motion was seconded by Mr. Tennen and was approved by the following vote; Ayes: Brill, Mintz, Tenenbaum, Tennen; Abstain: Gold, Siegler, Weingart.
Review and Discuss $50 Clubhouse Rental Rate for Small Events
The Board discussed possibility increasing the Clubhouse rental rate for small events to more than $50. After discussion, Mr. Gold made the motion to not change the rental rate for small events and to keep it at $50. The motion was seconded by Mr. Mintz and was unanimously approved by the Board.
Additional Appointment to Emergency Preparedness Advisory Committee (“EPAC”)
Mr. Avila reported that homeowner Marina Segall wishes to be re-appointed to EPAC. Mr. Mintz made the motion to re-appoint Ms. Segall to EPAC. The motion was seconded by Mr. Siegler and was unanimously approved by the Board.
The regular Board of Directors meeting was adjourned at 8:55 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 9:05 p.m.
The Board had continued discussions regarding renegotiating a contract with a third party.
The Board approved the minutes of the January 6, 2011 Executive Session.
The Board had continued discussions regarding the 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 discussed its foreclosure efforts against the property legally described as Tract 31315, Lot 12, Unit 2 (APN #4382-029-088) for delinquent assessments.
The Board discussed its foreclosure efforts against the property legally described as Tract 31315, Lot 14, Unit 5 (APN #4382-029-124) for delinquent assessments.
The Board had continued discussions about a matter of potential Member discipline as it relates to her refusal to properly maintain her property, in violation of the CC&Rs.
The Board discussed its foreclosure efforts against the property legally described as Tract 32229, Lot 6, Unit 8 (APN #4379-035-088) for delinquent assessments.
The Board closed a matter of potential Member discipline as it related to her refusal to comply with the CC&Rs.
The Executive Session was adjourned at 9:25 p.m.
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