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Minutes of the Regular Board of Directors Meeting
November 22, 2011

Date, Time and Place
Tuesday, November 22, 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 (arrived at 7:05 p.m.), 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:
Bill & Mary Perry, John Colton, Miles Gibbons, Andre & Leslie Stojka, Michael Brill, Elinor Lenehen, and Sharon Kopman. 

Open Discussion Period
President Andrew Tenenbaum opened the meeting by allowing for questions and comments on non-agenda items from Association Members in attendance.  There were none.

Approval of Minutes
Mr. Siegler made the motion to approve the minutes of the October 25, 2011 regular Board of Directors meeting.  The motion was seconded by Mr. Tennen and was approved by the Board with the following vote; Ayes: Gold, Siegler, Tenenbaum, Tennen, Weingart; Abstain: Brill.

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

October
Operating Fund
2011 Actual
2011 Budget
2011 Variance
 
-----------------
------------------
----------------------
Total Income:
$ 1,265,014
$ 1,251,625

$ 13,389

Total Expenses:
$ 1,164,971
$ 1,185,171

$ 20,200

 
-----------------
------------------
----------------------
Net Income/Loss:
$ 100,043
$   66,454

$ 33,589

Beg. Fund Bal. - 1/1/11

$   47,060

 
Transfer Surplus to Reserves
(47,060)
   
Fund Bal. - 10/31/11

$ 100,043

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

$ 201,744

   
Total Expenses:
$ 247,444
   
 
   
Net Income/Loss
$ (45,700)
   
 
   
Beg. Fund Bal. - 1/1/11
$ 689,607
 
Transfer Surplus to Reserves
47,060
   
 
-----------------
   
Fund Bal. - 10/31/11

$ 690,967

   

* Vice President Marshall Mintz arrived at the Board meeting at this time. 

Mr. Gold and Mr. Avila answered questions from the Board about the Financial Statement.  After discussion, Mr. Tennen made the motion to approve the October 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.

Pool Committee Report
The Board was presented with a written report submitted by Pool Committee Co-Chairs Sharron Holman and Gita Amar, who could not attend the Board meeting. 

Report on Meeting for Proposed New Photo ID Rule
Mr. Tenenbaum suggested that the matter be tabled since Mrs. Holman and Ms. Amar could not attend the meeting. 

A suggestion was then made, with which the Board agreed, that a reminder notice be sent out to the community about the pending comment period for the proposed new Photo ID Rule. 

Another discussion ensued about whether the proposed new Rule is necessary, with Board members expressing differing opinions.  No action was taken on the matter since the 30-day comment period was still pending. 

DWP - Stone Canyon Committee Report
Committee Co-Chair Andre Stojka reported that the DWP Board of Commissioners was to vote to decide which cover to use for the Elysian Park Reservoir cover project on November 15th.  However, the vote has been moved to January 3, 2012.  This vote is significant because in the DWP’s mind, this project is tied together with the Stone Canyon Reservoir cover project.  As previously reported, the Environmental Impact Report (“EIR”) for the Elysian Park Reservoir cover project states that the floating cover is considered the environmentally superior alternative.  Therefore, the DWP Board’s vote on the Elysian project is very important to its future vote on the Stone Canyon project.  Homeowners were urged to attend the DWP Board meeting at which it will vote on the Elysian project to support the floating cover alternative, which does not bring with it public access. 

Neighborhood Council Report
Association Neighborhood Council representative Andre Stojka reported on the most recent meeting of the Neighborhood Council.  Mr. Stojka reported that the most significant thing about the meeting was what did not take place.  One of the Council members had tried to have a presentation made to the entire Council about the Stone Canyon Reservoir cover project.  Mr. Stojka expressed concern that if the presentation had been made, someone might have made a motion for the Council to support the concrete cover alternative and allow public access.  Mr. Stojka reported that he and a number of other people were able to prevent the presentation from being made. 

Emergency Preparedness Advisory Committee (“EPAC”) Report
EPAC member John Siegler reported that the Committee’s recent Fire Extinguisher Round Up event was a success with about 35 people in attendance. 

Security Committee Chair Harold Tennen then reported on the Committee’s joint session with EPAC at its November 14th meeting.  The Committees discussed issues/emergency scenarios of mutual concern and interest, as well as how the two (2) Committees can work together on the various issues/emergency scenarios.  There was discussion about setting up a reverse-911 system for the community, which EPAC had explored in the past.  Mr. Siegler said the Technology Committee would pick up exploring and implementing a reverse-911 system for the community. 

Fitness Committee Report
The Board reviewed a Fitness Committee report submitted by Chair Anita Aratow regarding its recent meeting at which it discussed amending the Fitness Center rule about cell phone use. 

Request for Rule Prohibiting Cell Phone Use in Fitness Center
The Fitness Committee proposed that the language of the Fitness Center rule about cell phone use be amended so that cell phone use in the Fitness Center be strictly prohibited, rather than having the language state that people should be courteous and not use cell phones.  After discussion, Mr. Mintz made the motion to send the proposed rule amendment out for the required 30-day comment period.  The proposed rule amendment is as follows:

“There shall be no talking on cell phones in the gym.  Please take all cell phone calls outside.”    

The motion was seconded by Mr. Gold and was approved by the Board with the following vote; Ayes: Brill, Gold, Mintz, Siegler, Tenenbaum; Nays: Tennen, Weingart. 

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 was going along nicely when a number of issues came up.  When the mechanical engineer worked on the Construction Documents, which were approved in Plan Check by the City, he called for regular sink faucets and motion sensor/timer light switches in the bathrooms.  However, the City building inspector is requiring that low-flow motion sensor faucets and regular light switches be used instead.  Also, during Plan Check, a Fire Alarm Plan and permit were not required for the Project.  However, the City building inspector is requiring it.  This is common in construction, Plan Check does not require certain things but building inspectors do, and vice versa.  These issues are being addressed as quickly as possible to keep the Project moving.  As with the rest of the Project, the Clubhouse’s fire alarm system is a Reserve component. 

Tennis Committee Report
The Board reviewed the minutes from the Committee’s November 8th meeting at which it continued preparing for its November 13th social tennis tournament.  The Committee also renewed its pledge to work to increase community participation in the tennis program.  To accomplish this, the following subcommittees were formed and will be utilized in 2012; Advertising and Technology, Tournaments and Events, Maintenance, Liaison with Other Committees, Community Relations, and Pro Services. 

Architectural & Landscaping Committee (“ALC”) Report
ALC Chair Harold Tennen reported on the ALC’s November 21st meeting, at which it approved three (3) of five (5) property improvement requests. 

Security Committee Report
Security Committee Chair Harold Tennen reported on the number and types of security incidents that took place in the community from October 16, 2011 to November 13, 2011: 19 false burglar alarms, 56 unattended open garage doors, 21 resident assistance calls, 14 suspicious persons / vehicles / activities, 15 parking enforcement issues, 1 back up assistance needed outside of the Association, 2 solicitors, 2 medical emergencies, 2 loitering calls, 2 loose dogs, 1 residential burglary, 1 theft from motor vehicle, and 1 vandalism. 

Review Cost Estimates to Install Cameras in Community
Security Committee member Sharon Kopman reported on her and Mr. Avila’s research into obtaining cost estimates to install cameras in the community.  Mrs. Kopman reported that based on their findings, she did not feel it would be worth installing the cameras, which would be costly.  However, Mrs. Kopman suggested that the Board might want to consider installing dummy cameras and video surveillance signs, and/or having a second patrol vehicle patrolling at night, which would be expensive, as well, on an annual basis.  A lengthy discussion ensued about these ideas.  The discussion included whether the Association would be exposed to liability by using dummy cameras and/or posting video surveillance signs when actual cameras are not in use - giving a false sense of security.  Based on the discussion, and based on some Board members’ personal experience with cameras and/or dummy cameras, the Board decided not to pursue the idea further. 

Review Proposal to Digital Archive (Scan) Association Files/Records
Mr. Avila reminded the Board that the idea was to digitally archive (scan) the Association’s files/records to allow for the removal of the file cabinets in the Clubhouse’s game room.  Mr. Avila reported obtaining proposals to complete the project, with the best proposal being for $10,972, and other proposals being $13,000 and $28,000.  The proposals were submitted estimating the total number of sheets of paper that are in all of the file cabinets, with the final cost being the final total number of sheets of papers that are counted when the project is completed.  Mr. Avila reported that although he is waiting for one more proposal to be submitted, the $10,972 proposal, which was submitted as a not to exceed price by the vendor, was the best he could obtain.  Mr. Avila asked the Board if it wanted to proceed with the project, and if so, if it would approve the not to exceed cost of $10,972, subject to the proposal he is waiting for not being better.  After discussion, Mr. Weingart made the motion to proceed with the project for a not to exceed cost of $11,000.  The motion was seconded by Mrs. Brill and was unanimously approved by the Board. 

Review and Approve Reserve Study Update
Mr. Avila presented the Board with the revised Reserve Study update, as prepared by Reserve Studies, Inc. (“RSI”).  As Mr. Avila cautioned, the estimated percentage funded levels decreased, to an estimated 75.89% at January 1, 2012 and an estimated 80.78% at December 31, 2012, as a result of the revisions.  Mr. Avila reported reviewing and being comfortable with the recent draft of the Reserve Study update, which calls for $19,900 to be contributed to the Reserve Funds each month in 2012.  After review and discussion, Mr. Gold made the motion to accept and approve the recent draft of the Reserve Study update.  The motion was seconded by Mr. Mintz and was unanimously approved by the Board. 

Review and Approve 2012 Operating Budget
Mr. Avila presented the Board with the revised draft of the 2012 Operating Budget (“Budget”) and its Cover Letter based on up to date October 2011 financial figures and discussions and Board decisions from the October Board meeting.  The Budget does not call for an increase in monthly assessments (Homeowners Dues) for the fourth year in a row.  After review and discussion, Mr. Gold made the motion to approve the 2012 Operating Budget and Cover Letter, as revised, except for the language regarding pending litigation in the Cover Letter, which will be discussed in Executive Session. 

Status of CC&Rs Amendment/Restatement Project
Mr. Avila reported that one hundred sixteen (116) ballots have been received from the Membership vote on the proposed new Restated CC&Rs to date.  Board members said they would continue to contact their neighbors to encourage them to submit their ballots. 

Discuss Extending Deadline to Vote
Since the ballots are slow coming in, there was a discussion about extending the deadline to vote.  After discussion, Mr. Mintz made the motion to extend the deadline to vote on the proposed new Restated CC&Rs to Monday, April 2, 2012.  The motion was seconded by Mr. Tennen and was unanimously approved by the Board. 

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 he and Mr. Tennen met with Rabbi Mentz, as was agreed at the October Board meeting.  Mr. Tenenbaum reported that the two (2) main topics of discussion at the meeting were traffic/safety concerns, and that some Board members felt he (Rabbi Mentz) made some misrepresentations in his application to obtain a State day care license.  Even though Mr. Tenenbaum tried to convince Rabbi Mentz to relocate the day care, he remained firm that he wanted to keep it at the Nicada Drive property.  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.  Mr. Tenenbaum did not commit to anything but said such a letter might be considered by the Association.

The Board reviewed a letter submitted by Rabbi Mentz, but felt it was meaningless.  Some Board members continued to express concern about Rabbi Mentz’s day care operation, and about the possibility that he might try to increase the size of the operation to be a preschool.  After discussion, Mr. Gold made the motion for the Board to send a letter to the appropriate administrative body to challenge the issuance of Rabbi Mentz’s license to operate a day care facility at the Nicada Drive property.  The motion was seconded by Mr. Weingart.  After further discussion of the motion, Mr. Siegler made the motion to postpone the vote on the motion until the next Board meeting to allow Messrs Tenenbaum, Tennen, and Mintz an opportunity to meet with Rabbi Mentz again.  The motion to postpone was seconded by Mrs. Brill 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 - November 22, 2011 - General Notes

The Executive Session was called to order at 9:05 p.m.

The Board discussed a matter of potential Member discipline regarding a CC&Rs violation. 

The Board approved the minutes of the October 25, 2011 and November 15, 2011 Executive Sessions.

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 discussed a matter regarding a contract with a third party. 

The Board discussed personnel matters.

The Executive Session was adjourned at 10:05 p.m.

Executive Session - November 15, 2011 - General Notes

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

The Board discussed a matter of litigation regarding a dispute over a CC&Rs violation.

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 Executive Session was adjourned at 10:35 a.m.

 

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