Minutes of the Regular Board of Directors Meeting
May 24, 2011

Mr. Gold and Mr. Avila answered questions from the Board about the Financial Statement. After discussion, Mr. Siegler made the motion to approve the April 2011 Financial Statement. The motion was seconded by Mrs. Brill 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 the ongoing Cardio Room TV Mute Rule issue.

Discuss Amending Fitness Center TV Mute Rule
Mr. Weingart requested that this matter be tabled until a later Board meeting, as he is expected more research to be done on the matter. The matter was tabled.

DWP - Stone Canyon Committee Report
Committee member Pat Brill reported attending the DWP Board of Commissioners meeting last week, and speaking during the public comment period. Mrs. Brill continued to express the first risks that come along with allowing public access into Stone Canyon. Mrs. Brill also reported putting the members of the Board of Commissioners on notice that they may be exposed personally if something happens in Stone Canyon and/or in neighboring communities as a result of public access being granted, depending how the members vote on the issue.

A meeting with some members of the Committee and representatives from the DWP is also in the process of being scheduled, so the DWP representatives can review approximately 700 petitions/signatures that have been obtained from neighborhood residents who oppose public access in Stone Canyon.

Mr. Brill also reported that the draft Environmental Impact Report (“EIR”) for the Stone Canyon Reservoir cover project is expected to be completed and available for public comment in June 2011.

Neighborhood Council Report
Mr. Avila read a written report prepared by Association Neighborhood Council representative Andre Stojka, who was unable to attend the meeting: LAPD Senior Lead Officer Chris Ragsdale reported to the Neighborhood Council that there was an increase in the number of property crimes in the hillsides, with seven (7) burglaries for the month of April. Increased citizen vigilance is important.

Capital Improvement Construction (“CIC”) Committee Report
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 Clubhouse First Floor Renovation Project
As reported last month, Mr. Avila and CIC Committee Chair Miles Gibbons met with the three (3) bidding contractors and asked that they take another look at their bids and see where they can reduce their costs. Two (2) revised bids, which showed reduced costs, have been received and the third bid is expected. Once all the revised bids are received, the CIC Committee will meet to review them and perhaps select a contractor to recommend for the Project.

Status of Claray Pool Area Project
Mr. Avila reported that the canopy shade structure’s lights were delayed in shipment, but are in route and expected in two (2) days. The contractor is scheduled to install the lights and complete the Project punch list items the very next day. The City has performed its final inspection of the Project and issued its approval.

Security Committee Report
Mr. Avila reported on the security incidents that took place in the community from April 18, 2011 to May 15, 2011: 14 false burglar alarms, 51 unattended open garage doors, 6 resident assistance calls, 1 vehicle collision, 1 stray dog, 2 snake sightings, and 1 suspicious person/vehicle/activity.

Owner Request to Have Large Common Area Trees Topped
The Board heard a matter pertaining to a Claray Drive homeowner requesting that large Common Area redwood trees across the street from his house be topped (reduced in height) because he feels if the trees fall, they will damage his house. After inspecting the trees and the surrounding area, a certified arborist opined that topping the trees is bad for the continued health of the trees and that he did not observe an elevated risk of the trees falling, and recommended that no action be taken. After discussion, Mr. Weingart made the motion to accept the arborist’s recommendation and take no action. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.

Review and Approve Letter to Department of Insurance
Mr. Avila reported receiving complaints from many Association Members saying State Farm Insurance and Farmers Insurance will either refuse to issue insurance and/or is threatening to cancel existing policies merely because their homes are in a fire hazard area. The most recent Member to complain asked if the Board could write a letter to the California Department of Insurance (“Department”) about this practice on behalf of all Association Members. Mr. Avila presented the Board with a proposed draft letter to the Department. After discussion, Mr. Gold made the motion to approve the letter and authorize President Andrew Tenenbaum to sign it on behalf of the Board. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.

Review Report on Needed Erosion Control on Slope Behind 2532 Angelo Drive
Mr. Avila reported on some apparent erosion that is occurring at the top of the slope behind 2532 Angelo Drive, and presented the Board with a report and recommendations from the geotechnical engineering firm, Subsurface Designs, Inc. (“SDI”). SDI inspected the area and recommended that erosion control be performed by installing a pipe and board system, and compacting the soil between the pipes and boards, at the top of the slope. In its report, SDI also set forth how the pipe and board system should be installed.

Review Proposal for Pipe and Board Remedial Work for Erosion Control
Mr. Avila then presented the Board with a proposal from Mercon Hillside & Foundation Repair, Inc. (“Mercon”) to install the pipe and board system, as recommended by SDI, for $26,400. Mercon has been performing the hillside repairs in the Association for the past several years, has done a good job, and has had competitive and reasonable rates. After discussion, Mr. Tennen made the motion to accept Mercon’s proposal and to complete the work for a not to exceed cost of $30,000. The motion was seconded by Mr. Siegler and was unanimously approved by the Board.

Continued Discussion Regarding Planning Annual Barbecue/Picnic
Since President Andrew Tenenbaum, who is speaking to the matter, was absent, it was tabled until the next Board meeting.

Discuss Re-Inspecting Angelo Drive Hillside Repair Site
Mr. Avila reported that Subsurface Designs, Inc. (“SDI”) concluded 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. In summary, SDI opines that settlement is occurring in the areas, but outside of the limits of the hillside repair area. SDI states that the settlement is the result of the poor quality fill that was used in the original development many years ago, which was noted by the first geotechnical engineering firm that started on the hillside repair project, AGRA Earth & Environmental. Additionally, settlement is occurring in the Common Area grass area next to 2516 Angelo Drive because the roots from a tree that was removed during the hillside repair work is decaying in the soil under the grass that was planted over it. As a result of the above, coupled with the fact that there is varying thickness of fill underlying the areas, additional long-term settlement is expected. SDI further opined that the settlement that is occurring does not pose a hazard to life or safety, and gave some maintenance recommendations for the area including annual monitoring.

Mr. Avila also reported that the second geotechnical engineering firm, ENGEO, Inc. (“ENGEO”), also concluded its investigation into the possible hillside problem. However, he just received ENGEO’s report that day, and had not had a chance to review it thoroughly, as it is quite detailed. Mr. Avila said he would review ENGEO’s report, compare it with SDI’s report, and report back to the Board at the next Board meeting.

Status of CC&R Project
Mr. Mintz presented the Board with a sixth draft of the proposed Restated CC&Rs, which was the result of a Project that has been in progress for the past year or two, and from which input was received from an expanded committee of 4 or 5 homeowners who are attorneys. The recommendations received from the expanded committee was discussed and reviewed with the Association’s attorney, who then made revisions to develop the sixth draft.

Review and Approve Draft of Proposed Restated CC&Rs for Membership Distribution
Some Board members said they didn’t have a chance to review the entire document. The matter was tabled until the next Board meeting so all the Board members can have a chance to review the document.

Architectural & Landscaping Committee (“ALC”) Report
ALC Chair Harold Tennen reported on the ALC’s April 28, 2011 and May 9, 2011 meetings, at which it approved three of four and one of one property improvement requests, respectively.

Board Decision Whether to Investigate Recent ALC Approval Due to Neighbors’ Opposition
The Board was presented with a petition signed by thirteen (13) neighbors of 10503 Woodfield Court objecting to the ALC’s recent approval to allow the homeowners of 10503 Woodfield Court to add a second story to their one story house.

Mr. Mintz then asked architect and ALC member Ed Carfagno to explain to the Board the architectural drawings that were approved by the ALC, as well as to explain the reasoning for the ALC’s approval. Mr. Carfagno also explained how the homeowners changed the design of their proposed addition over the course of four (4) ALC meetings to address the concerns of the ALC and their neighbors. ALC member Ed Gold explained additional considerations that were involved in the ALC’s approval.

Before Mr. Mintz opened the floor to comments from the neighbors, he reported that the Board had an Executive Session via telephone conference with the Association’s attorney the day before to determine whether the Board has jurisdiction under the CC&Rs and California law to overturn the ALC’s approval. Mr. Mintz further reported that after considering the language in the CC&Rs and California law, input from the Association’s attorney, and the points raised by the neighbors, the Board voted and concluded that it does not have the power to overturn the ALC’s approval, only the ALC has the power to revoke its own approval, under Section 6.22 of the CC&Rs.

Mr. Mintz then opened the floor to comments from the neighbors. Many neighbors were in attendance and voiced their opposition to the project. The owners of 10503 Woodfield were also in attendance and addressed the Board in support of their proposed project. After hearing from all interested parties, the Board members discussed the issue amongst themselves. During the discussion, Mr. Weingart made the motion to have the ALC revisit its approval in light of everything that was discussed. The motion was seconded by Mrs. Brill but failed due to the following tie vote; Ayes: Brill, Mintz, Weingart; Nays: Gold, Siegler, Tennen.

To prevent something like this from occurring again, there was a discussion about adopting a new Architectural & Landscaping Guideline that would prohibit the ALC from approving the addition of a second story onto a one story house in the future. Mr. Weingart made the motion to start the 30-day comment period in order to adopt a rule that will prohibit the ALC from approving the addition of a second story onto a one story house in the future without the express written permission of the Board. The motion was seconded by Mrs. Brill. Mr. Gold then made the motion to postpone starting this rule adoption process until a legal opinion is obtained to determine whether such a rule can be adopted. The motion to postpone was seconded by Mr. Siegler and was unanimously approved by the Board.

Tennis Committee Report
The Board reviewed the minutes of the Tennis Committee’s May 10, 2011 meeting, at which it continued to plan its upcoming social tennis tournament scheduled for May 22nd, discussed tennis court maintenance issues, and discussed the new proposed online reservation system.

Request for Committee Appointment
The Committee also reported that homeowner Amir Navab wishes to serve on the Committee and asked that the Board approve his appointment. Mr. Tennen made the motion to appoint Amir Navab to the Tennis Committee. The motion was seconded by Mr. Gold and was unanimously approved by the Board.

 Adjournment
The regular Board of Directors meeting was adjourned at 9:00 p.m. An Executive Session of the Board of Directors followed to discuss the following matters:

Executive Session - May 24, 2011 - General Notes
The Executive Session was called to order at 8:10 p.m.

The Board approved the minutes of the April 26, 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 closed a matter regarding the collection of an attorney’s fees Court award judgment from an Association Member, as assets cannot currently be located.

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 Executive Session was adjourned at 9:25 p.m.

Executive Session - May 23, 2011 - General Notes

The Executive Session was called to order at 10:00 a.m.

The Board discussed a matter of potential litigation.

The Executive Session was adjourned at 10:45 a.m.

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