Minutes of the
Regular Board of Directors Meeting
June 28, 2011
Date, Time and Place
Tuesday, June 28, 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, Treasurer Ed Gold, Secretary Pat Brill, John Siegler, Harold Tennen, and Dan Weingart. Vice President Marshall Mintz was absent.
General Manager Robert Avila was also present.
Association Members Present
The following Association Members were in attendance:
Arthur & Anita Aratow, Alan Davis, Ron Pion, John Colton, Shirlee Sevin, Andre & Leslie Stojka, Bill & Mary Perry, Miles Gibbons, Vatche Azirian, Evan Silver, Gita Amar, Rosario Vizzie, Holly Skodis, Sharon Kopman, Joseph Banayan, Elinor Lenehen, Barbara Tenenbaum, Larry Gold, and Steven & Kathleen Rosenblatt
Open Discussion Period
President Andrew Tenenbaum opened the meeting by allowing for questions and comments from Association Members in attendance on non-agenda items. A homeowner expressed concern about residents he sees on a regular basis smoking cigarettes in front of their houses and asked if the Board could do anything about it because of the high fire danger in the community. Mr. Tenenbaum explained that he does not believe people can be restricted from smoking on their own properties, but said he would write something about it in his next President’s Message for the newsletter.
Approval of Minutes
Mr. Siegler made the motion to approve the minutes of the May 24, 2011 regular Board of Directors meeting. The motion was seconded by Mr. Weingart and was approved by the Board with the following vote; Ayes: Brill, Gold, Siegler, Tennen, Weingart; Abstain: Tenenbaum.
Financial Statement
Treasurer Ed Gold presented the Board with the May 2011 Financial Statement and explained its contents. A summary of the Association’s financial position as of May 31, 2011 is as follows:
May
Operating Fund |
2011 Actual |
2011 Budget |
2011 Variance |
| |
----------------- |
------------------ |
---------------------- |
| Total Income: |
$
633,211
|
$
625,813
|
|
| Total Expenses: |
$
545,751
|
$
598,102
|
|
| |
----------------- |
------------------ |
---------------------- |
| Net Income/Loss: |
$
87,460
|
$ 27,711
|
|
| Beg. Fund Bal. - 1/1/11 |
$ 47,060 |
|
| Transfer Surplus to Reserves |
(47,060) |
|
|
| Fund Bal. - 5/31/11 |
|
|
|
| |
|
|
|
May
Reserve Fund |
2011 Actual |
|
|
| |
----------------- |
|
|
| Total Income: |
$
101,406
|
|
|
| Total Expenses: |
$
47,572
|
|
|
| |
|
|
|
| Net Income/Loss |
$ 53,834 |
|
|
| |
|
|
|
| Beg. Fund Bal. - 1/1/11 |
$
689,608
|
|
| Transfer Surplus to Reserves |
(47,060) |
|
|
| |
----------------- |
|
|
| Fund Bal. -5/31/11 |
|
|
|
Mr. Gold and Mr. Avila answered questions from the Board about the Financial Statement. After discussion, Mr. Gold made the motion to approve the May 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.
Architectural & Landscaping Committee (“ALC”) Report
ALC member Ed Gold reported on the ALC’s May 23, 2011 and June 20, 2011 meetings, at which it approved three (3) of six (6) and six (6) of seven (7) property improvement requests, respectively.
Emergency Preparedness Advisory Committee (“EPAC”) Report
The Board reviewed the minutes of EPAC’s June 13, 2011 meeting, at which it discussed and started planning its Fall event, a Fire Extinguisher Round Up coupled with other home safety How-To’s. The proposed date for the event is Sunday, November 6th, from 1 p.m. to 3 p.m.
The Committee also discussed the Stone Canyon Draft Environmental Impact Report (“DEIR”), which was recently released for public review and comment. The Committee supports the DEIR’s recommendation that a floating cover be used to cover the Reservoir, and it opposes public access in the Canyon because of the fire danger.
DWP - Stone Canyon Committee Report
Committee Co-Chair Andre Stojka reported that the Draft Environmental Impact Report (“DEIR”) related to the pending project of covering the Upper Stone Canyon Reservoir was released recently for public review and comment, with a July 25, 2011 deadline to respond.
The staff that prepared the DEIR identified the rubber floating cover as the option, which will do the least environmental damage. This option does not carry with it open access to the Canyon. However, the Santa Monica Mountains Conservancy has written a letter to the DWP stating that public access should be allowed with any of the three options and that the Conservancy should provide ranger service and law enforcement which would be paid for out of parking fees from the new 26 car parking lot that is proposed.
The most damaging section of the DEIR relates to Wildfires stating that the reason no fire has started in Stone Canyon since the Bel Air fire is because the DWP has kept people out.
Mr. Stojka reported speaking to fire consultant, Scott Franklin, who the Association used last year, about the DEIR. Mr. Franklin believes the DEIR understates the danger of public access.
A meeting has been scheduled for Thursday evening with CPOR to analyze the report and to determine what response to make. Since members of CPOR are divided on the cover options and public access, the Bel Air Ridge representatives will collaborate only on those sections which impact the Association such as traffic, noise, etc.
Review of Draft Environmental Impact Report (“DEIR”)
Mr. Stojka reported that he and Committee Co-Chair Andrew Tenenbaum have reviewed the DEIR and would be preparing a response on behalf of the Association.
Discuss Preparing Association Response to DEIR
Mr. Tenenbaum briefly explained the process of reviewing and responding to a DEIR, and how the responses are required to be handled by the preparer(s) of the DEIR, under California law. Mr. Tenenbaum then suggested that a letter be sent to the DWP stating that the Board supports the DEIR’s recommendation of a floating rubber cover, and that the Association continues to oppose public access in Stone Canyon. Mr. Tenenbaum further suggested that fire consultant Scott Franklin be retained, again, to help with reviewing and responding to the DEIR, particularly the section related to Wildfires.
After discussion, Mrs. Brill made the motion to authorize Mr. Tenenbaum and Mr. Stojka to send a letter on behalf of the Association to the DWP Board of Commissioners supporting the DEIR’s recommendation of a floating rubber cover and opposing public access, to prepare a response to the DEIR on behalf of the Association, and to retain Mr. Franklin to help with responding to the DEIR for $2,000. The motion was seconded by Mr. Gold and was unanimously approved by the Board.
Neighborhood Council Report
Association Neighborhood Council representative Andre Stojka reminded everyone that the 405 Freeway would be closed beginning at 10 p.m. on Friday, July 15th through the weekend and reopening on the morning of Monday, July 18th in order to tear down the Mulholland bridge. It will be difficult to leave or get in to Bel Air Ridge during this time because of the predicted heavy traffic.
Officially, Metro is asking people to take downtown freeways to get to the Valley but traffic would probably be shunted to the Canyons like Beverly Glen, Roscomare, Benedict and Laurel Canyons. Mr. Stojka reported giving Metro a list of every Bel Air Ridge street that should be posted with a detour sign, and has asked for traffic controllers for Mulholland and Beverly Glen as well as other heavily trafficked areas.
The Board was asked to instruct security to increase patrols during the 405 Freeway closure time because of the large number of people who will be coming through the community.
Pool Committee Report
Mr. Tenenbaum opened this part of the meeting by saying he was disappointed by the “nasty, angry, and upsetting” emails that were recently sent out on the community Chat Group about certain Pool Rules. Mr. Tenenbaum then asked that the Pool Committee become more active in dealing with pool issues.
Discuss Recent Chat Group Emails Regarding Food in Pool Area Rule
Pool Committee member Gita Amar reported that the Pool Committee does in fact meet when there is an issue at hand. Ms. Amar further reported that the Committee does not know why food in the pool area became an issue because it has no intention of changing the existing rule. The issue is that some people are not cleaning up after themselves, which the Pool Attendant will monitor. Ms. Amar reiterated that the Committee does in fact meet, when there are issues to address.
There was then a discussion about how to reduce the number of non-residents who are accessing the pool area, and how can the Pool Attendant verify Bel Air Ridge residents since anyone can just “tell” the Attendant an address. The Pool Committee was asked to meet to discuss the issue and come back with recommendations such as perhaps an I.D. system for the Board to consider.
Capital Improvement Construction (“CIC”) Committee Report
CIC Committee Chair Miles Gibbons and Mr. Avila gave status reports on the two (2) pending projects: the Clubhouse First Floor Renovation Project and the Claray Pool Area Project.
Status of Claray Pool Area Project
Mr. Avila reported that the Claray Pool Area Shade Structure Project has been completed, the punch list items have been completed and the City has performed its final inspection of the Project and has issued its approval.
Status of Clubhouse First Floor Renovation Project
Mr. Gibbons reported that the Committee held a community meeting last week inviting interested homeowners to come review the new first floor plan for the Clubhouse, as well as the finishes that have been selected.
Mr. Gibbons then showed and explained the new floor plan to the Board and those homeowners in attendance, as well as showed them the selected finishes.
Mr. Gibbons also reported that the two (2) bidding contractors, Stone Construction Company (“SCC”) and Reconstruction Experts, Inc. (“REI”), were asked to resubmit their original bids reducing expenses wherever possible. SCC’s revised bid was for $256,987 and REI’s revised bid was for $253,686, reducing their bids by 10% to 15%. It was reported that both contractors have worked for the Association in the past, and the experience with both contractors has been positive.
Mr. Gibbons reported that after reviewing and discussing the revised bids, the Committee unanimously recommended that SCC be retained to complete the Project for a not to exceed cost of $260,000.00, and that a not to exceed cost of $5,000 be allocated for a temporary office trailer, a temporary storage bin, and portable toilets for use by residents since the first floor bathrooms will not be available while the construction work is being completed. The targeted construction start date is the middle of September. After discussion, Mr. Gold made the motion to accept and approve the Committee’s recommendation. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Tennis Committee Report
The Board reviewed the minutes of the Tennis Committee’s June 15, 2011 meeting, at which it discussed tennis court maintenance issues, started planning its next social tennis tournament scheduled for September 11th, discussed the status of the ongoing children’s summer tennis camp and adult and children tennis clinics.
Security Committee Report
Mr. Avila reported on the security incidents that took place in the community from May 16, 2011 to June 19, 2011: 17 false burglar alarms, 31 unattended open garage doors, 2 disturbances, 3 resident assistance calls, 1 solicitor, 3 HOA rules violations, 1 rattlesnake sighting, 1 attempted theft from motor vehicle, and 8 suspicious persons/vehicles/activities.
Discuss Restricting Adding Second Story to One Story Homes
Due to a recent issue involving neighbors objecting to the Architectural & Landscaping Committee (“ALC”) approving a homeowner’s request to add a partial second story to their one story home, it was suggested that the Board consider adopting an Architectural & Landscaping Guideline that would prohibit the ALC from approving such a request in the future. The Board heard from a number of homeowners who were opposed to such a Guideline being adopted or considered. After discussion, the Board took no action on the matter, because no Board member made a motion.
Homeowner Disputing HOA Dues Account Late Fees
This matter was moved to Executive Session, as it involved potential Member discipline and/or litigation.
Recommendation Not to Proceed with Claray Pool Solar Panel Project
Mr. Avila recommended that the Board formally remove the Claray Pool Solar Panel Project from further consideration and that it not be completed, as originally planned. Mr. Avila explained that only one (1) out of three (3) solar panel vendors said the project was worth completing, when considering the cost of the project and how long it would take the Association to realize a return on its investment. When the one (1) vendor was advised what the two (2) other vendors said, and was asked to re-evaluate his original analysis and proposal and respond to the other vendors’ statements, the vendor became non-responsive, not returning Mr. Avila’s telephone calls and emails. As a result, Mr. Avila reported that his findings did not justify moving forward with the budgeted $60,000 project. The Board agreed and the Project was formally removed from further consideration and will not be completed.
Status of Ravenwood Court Common Driveway Parking Issue
Mr. Tennen reported meeting with the Association’s attorney, Glen Kulik, and Captain Donna Lee at Fire Station #99, and that even though the Captain said as long as fire trucks can get up the Common Driveway they have no issue with cars parking along the side, the Fire Department will not put anything in writing on the matter. Mr. Kulik continues to request something formally, and in writing, from the Fire Department before he will reconsider his opinion(s), as he is concerned about the Association being exposed to liability if parking is permitted along the side of the Common Driveway. Steve and Kathleen Rosenblatt of 10415 Ravenwood Court continued to ask the Board to permit them, their residents, and their guests to park along the side of the Driveway.
After discussion, Mr. Weingart made the motion to remove the red paint from the Driveway curb and restore the Fire Lane back into a driveway with whatever permitted parking allowances are made for driveways as opposed to Fire Lanes. The motion was seconded by Mr. Siegler. After further discussion, Mr. Gold made the motion to postpone the vote on the motion so Mr. Tennen could set up a conference call with Mr. Weingart, Mr. Siegler, and Captain Lee so she can express her opinion on whether the Common Driveway is a Fire Lane or not. The motion was seconded by Mr. Tennen and was approved by the Board with the following vote; Ayes: Brill, Gold, Siegler, Tennen; Nays: Weingart, Tenenbaum.
Continued Discussion Regarding Planning Annual Barbecue/Picnic
Mr. Tenenbaum reported making some telephone calls to try to find someone who is willing to volunteer to chair a committee to plan and coordinate the Annual Barbecue/Picnic, but did not receive any positive responses. After discussion, Mr. Avila was asked to send an email on the community Chat Group to see if a volunteer can be found.
Discuss Re-Inspecting Angelo Drive Hillside Repair Site
Mr. Avila reported that the reports from the two (2) geotechnical engineering firms, Subsurface Designs, Inc. (“SDI”) and ENGEO, Inc. (“ENGEO”), have been received. Both reports are consistent in concluding that there is no major problem on the repaired hillside behind 2512 and 2516 Angelo Drive, and that there is just normal settlement in the area due to the fact that the soil is expansive.
The reports are rather detailed and technical. So the Association’s attorney, Glen Kulik, requested that he and Mr. Avila meet with both firms at the same time, so they can explain their findings and recommendations “in plain English,” in order for Mr. Kulik to be able to provide the Board with guidance on how to proceed. The meeting is scheduled to take place next week. Mr. Avila will report back to the Board at the next Board meeting.
Status of CC&R Project
The Board discussed how it could best be explained to homeowners the differences between the proposed new CC&Rs and the current CC&Rs, since the proposed new CC&Rs is an entirely new document. After discussion, it was decided to ask Mr. Kulik to prepare a document that explains the differences between the two (2) documents.
Adjournment
The regular Board of Directors meeting was adjourned at 9:45 p.m. An Executive Session of the Board of Directors followed to discuss the following matters:
Executive Session – June 28, 2011 - General Notes
The Executive Session was called to order at 9:50 p.m.
The Board held a Member discipline hearing regarding the Member’s failure to maintain his property.
The Board approved the minutes of the May 23, 2011 and May 24, 2011 Executive Sessions.
The Board discussed a matter of potential Member discipline and/or litigation.
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 its foreclosure efforts against the property legally described as Tract 32229, Lot 6, Unit 8 (APN #4379-035-088) for delinquent assessments.
The Executive Session was adjourned at 10:40 p.m.
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