August
Operating Fund |
2011 Actual |
2011 Budget |
2011 Variance |
| |
----------------- |
------------------ |
---------------------- |
| Total Income: |
$
1,012,755
|
$
1,001,300
|
|
| Total Expenses: |
$
921,549
|
$
955,103 |
|
| |
----------------- |
------------------ |
---------------------- |
| Net Income/Loss: |
$91,205
|
$ 46,197 |
|
| Beg. Fund Bal. - 1/1/11 |
$ 47,060 |
|
| Transfer Surplus to Reserves |
(47,060) |
|
|
| Fund Bal. -8/31/11 |
|
|
|
| |
|
|
|
August
Reserve Fund |
2011 Actual |
|
|
| |
----------------- |
|
|
| Total Income: |
$
162,313
|
|
|
| Total Expenses: |
$
117,020 |
|
|
| |
|
|
|
| Net Income/Loss |
$ 45,293 |
|
|
| |
|
|
|
| Beg. Fund Bal. - 1/1/11 |
$
689,608
|
|
| Transfer Surplus to Reserves |
47,060 |
|
|
| |
----------------- |
|
|
| Fund Bal. -8/31/11 |
|
|
|
Mr. Gold and Mr. Avila answered questions from the Board about the Financial Statement. After discussion, Mr. Tennen made the motion to approve the August 2011 Financial Statement. The motion was seconded by Mr. Mintz and was unanimously approved by the Board. Copies of the Financial Statements are available to Association Members, upon request.
Establish Date and Time for 2011 Annual Meeting
After discussion, Mr. Gold made the motion to schedule the 2011 Annual Meeting for Thursday, December 8, 2011 at 7 p.m. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Appointment of Inspectors of Election
After discussion, Mr. Mintz made the motion to appoint the same persons who were appointed as Inspectors of Election for the CC&Rs vote for the Annual Meeting, those persons being homeowners Anita Aratow and Andre Stojka, and Mr. Avila. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
* Board member Dan Weingart arrived at the Board meeting at this time.
Status of CC&Rs Amendment/Restatement Project
Mr. Tenenbaum and Mr. Mintz reported on the recent informational meetings that were held to hear from homeowners about the Sixth Draft of the proposed Restated CC&Rs. The meetings were very productive, with valuable input being provided by homeowners who attended. Almost all of the input that was received from homeowners at the meetings were taken into account, generating revisions to the proposed Restated CC&Rs.
Discuss and Consider Additional Revisions to Proposed Restated CC&Rs
The Board reviewed a list that was compiled by Association attorney Glen Kulik and Mr. Avila of the comments that were received by homeowners at the informational meetings, as well as those comments submitted separately by homeowners who did not attend the informational meetings. Almost all of the comments generated revisions to the proposed Restated CC&Rs, creating a Seventh Draft of the document.
The Board then heard additional comments from homeowners in attendance on the proposed
Restated CC&Rs. The Board also discussed and considered the comments that homeowners sent via the Chat Group and submitted to the Management Office after the informational meetings.
After a lengthy discussion, Mr. Gold made the motion to accept and approve the Seventh Draft of the proposed Restated CC&Rs, as redlined. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Discuss Beginning Formal Membership Vote Process
After discussion, Mr. Mintz made the motion to start the formal Membership vote process by sending the redlined version of the Seventh Draft of the proposed Restated CC&Rs to all homeowners as soon as possible, with voting polls closing at the start of the Annual Meeting on December 8th. The motion was seconded by Mr. Gold and was unanimously approved by the Board.
Review and Approve Formal Membership Vote Packet
Mr. Avila presented the Board with the proposed vote packet that would be sent to all homeowners, which included a ballot recommended by Association attorney Glen Kulik. The ballot would give the homeowners three (3) choices; to approve the Restated CC&Rs in its entirety, to disapprove the Restated CC&Rs in its entirety, or to approve the Restated CC&Rs with the exception of certain sections which they will identify. After review and discussion, Mr. Mintz made the motion to approve the vote packet, including the ballot. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Reaffirm Appointment of Inspectors of Election
The Board reaffirmed its prior appointment of homeowners Anita Aratow and Andre Stojka and Mr. Avila as Inspectors of Election for the Membership vote on the proposed Restated CC&Rs.
Pool Committee Report
Committee member Gita Amar reiterated that the Pool and Fitness Committees feel the Association should purchase and implement a photo identification card system to combat non-residents gaining access into the Recreation Facilities.
Recommended Photo Identification Card System
Board member, and Technology Committee Chair, John Siegler had been asked to review the cost estimates and systems information that the Pool Committee obtained on various photo identification card systems, and to provide the Board with his input, opinions, and recommendations. Unfortunately, Mr. Siegler was absent from the Board meeting due to illness. As a result, the matter was postponed until the next Board meeting when Mr. Siegler can be in attendance. Some Board members questioned the need for such a system. The matter will be discussed further at the next Board meeting.
DWP - Stone Canyon Committee Report
Committee Co-Chair Andre Stojka reported that the final Environmental Impact Report (“EIR”) for the Stone Canyon Reservoir cover project is in the process of being prepared and is expected to be completed by December 2011, with the DWP Board voting on it in January 2012. Mr. Stojka further reported that while he was at the last CPOR meeting, he learned that the final EIR for the Elysian Park Reservoir (“EPR)” cover project was released with the preferred method for covering the EPR being noted in the final EIR as the floating cover.
Neighborhood Council Report
Association Neighborhood Council representative Andre Stojka reported that there was nothing to report from the Neighborhood Council.
Emergency Preparedness Advisory Committee (“EPAC”) Report
The Board reviewed the minutes of the EPAC’s September 26, 2011 meeting, at which it discussed its upcoming Fire Extinguisher Round Up event, and it prepared its proposed 2012 budget.
Fitness Committee Report
The Board reviewed the minutes of the Committee’s September 13, 2011 meeting, at which it clarified a Fitness Center cardio equipment reservation rule, discussed whether to add another class at the Fitness Center, and reaffirmed its support for a photo identification card system for the Recreation Facilities.
Capital Improvement Construction (“CIC”) Committee Report
Mr. Avila gave a status report on the pending Clubhouse First Floor Renovation Project.
Status of Clubhouse First Floor Renovation Project
Mr. Avila reported that the Project started last week on Monday, September 19th. Demolition was performed all last week. Currently saw-cutting of the concrete slab is in progress in order to complete the necessary foundation/footing and underground plumbing work. The Project is moving forward through its second week. The Management Office has been moved into a temporary office trailer in front of the Clubhouse.
Tennis Committee Report
Tennis Committee representative John Colton reported on the Committee’s September 13, 2011 meeting, at which it discussed the resurfacing of Courts 1 and 2 and decided to keep the color of the court surface green instead of blue as used at the US Open. The court resurfacing had been completed by the night of the Board meeting. Mr. Colton also reported that the Committee’s recent tennis event held on September 11th was a success.
Architectural & Landscaping Committee (“ALC”) Report
ALC Chair Harold Tennen reported on the ALC’s September 19, 2011 meeting, at which it approved three (3) of five (5) property improvement requests. Due to concerns expressed by a homeowner, the ALC decided to plant white poinsettias, instead of red, in front of the Claray Clubhouse and Fitness Center this holiday season. ALC member Ed Gold questioned this change of the long-standing tradition of planting red poinsettias and requested that the ALC revisit the issue at its next meeting.
Security Committee Report
Security Committee Chair Harold Tennen reported on the number and types of security incidents that took place in the community from August 15, 2011 to September 18, 2011: 19 false burglar alarms, 60 unattended open garage doors, 5 noise disturbances, 15 resident assistance calls, 2 Association rules violations, 10 suspicious persons / vehicles / activities, 16 parking enforcement issues, 1 back up assistance needed outside of the Association, 2 solicitors, 1 trash rummaging, 1 vehicle vandalism, 1 theft from motor vehicle, 1 traffic collision, 1 Common Area water emergency, 1 fallen tree, 1 public intoxication, 1 trespassing/theft outside of the Association, 1 disturbing telephone call, and 1 snake sighting.
There was a discussion about the increasing number of security incidents that have been occurring in the community recently. Mr. Tennen said the Security Committee would meet soon to discuss the situation.
Discuss Bel Air Preschool Issue
The Board discussed the matter related to Rabbi Mentz, who owns a house just on the outside of the Association at 2851 Nicada Drive, advertising that he is going run a preschool out of the house. Association Members have expressed concern about this, as it would increase vehicular and pedestrian traffic through the community, and questioned whether the area zoning permits such an operation. Mr. Avila reported having difficulty determining whether the proper City licenses/permits have been issued for the proposed operation.
Mr. Tennen reported speaking with Rabbi Mentz and determining that he has obtained a license from the State allowing him to run a day care facility out of the house with no more than eight (8) children. It was noted that a “preschool” is being advertised, not a “day care.” Reviewing the State website, it was determined that someone has to reside in the house in which a day care will be operated, and must complete an application for a State license. After discussion, Mr. Avila was asked to request that the Association’s law firm obtain a copy of the application that Rabbi Mentz submitted in order to obtain the State license, and to try to determine where he resides. The Board feels it needs a little more information before it decides what it is going to do about the matter.
* Board member Pat Brill called in to the Board meeting via telephone conference at this time.
Homeowner Request to Waive Security Deposit to Use Clubhouse on Regular Basis
The Board reviewed a request from a homeowner asking that the Security Deposit for renting the Claray Clubhouse be waived in order for him to use it once a week for an hour each week for a Greek Mythology study group of 7 to 10 people on a regular basis. After discussion, the Board said if he wants to start a Bel Air Ridge philosophy club, he could use the Clubhouse without having to pay the Rental Fee or Security Deposit. However, if it is a private study group, he has to pay the Rental Fee and Security Deposit. If the homeowner agrees, it will be for a 3-month trial period, and Association events/meetings take priority.
Review and Consider Proposed 2012 Committee Budgets
Mr. Avila presented the Board with the proposed budgets for the coming 2012 fiscal year from the various committees.
DWP - Stone Canyon Committee
The Committee’s proposed 2012 budget is for $5,000, in case it becomes necessary to retain additional expert/consultant services to oppose public access in Stone Canyon when the Reservoir is covered. It is unknown at this time if it will be necessary, as the final Environmental Impact Report (“EIR”) has not been completed yet. The final EIR is expected to be completed in December 2011, and the DWP Board is expected to vote on it in January 2012. After discussion, Mr. Gold made the motion to approve the proposed budget of $5,000. The motion was seconded by Mr. Tennen and was unanimously approved by the Board. The Committee’s proposed 2012 budget will now go to Mr. Avila and the Finance Committee to be incorporated into the Association’s main draft 2012 Operating Budget.
Emergency Preparedness Advisory Committee
The Committee’s proposed 2012 budget is for $2,800 for various Operating Expenses such as supplies, equipment, and guest speakers at their events. There was a question about the cost of guest speaker honorariums now when it has not been needed in prior years. After discussion, Mr. Mintz made the motion to approve $2,300, with the $500 difference to be determined later when EPAC Chair Ron Cornell is able to attend the Board meeting to explain why the honorariums are needed. The motion was seconded by Mr. Tennen and was unanimously approved by the Board. The Committee’s proposed 2012 budget will now go to Mr. Avila and the Finance Committee to be incorporated into the Association’s main draft 2012 Operating Budget.
Fitness Committee
The Committee’s proposed 2012 budget was for $14,510, which included Operating Expenses and Reserve Expenses. The proposed Reserve Expense of $5,000 is for the replacement of the one (1) remaining older treadmill, which was budgeted for this year, and 2010, but it has not needed to be replaced yet. So it is being budgeted for 2012. After discussion, Mr. Gold made the motion to approve the Committee’s proposed budget of $14,510. The motion was seconded by Mr. Tennen and was unanimously approved by the Board. The Committee’s proposed 2012 budget will now go to Mr. Avila and the Finance Committee to be incorporated into the Association’s main draft 2012 Operating Budget.
Tennis Committee
The Committee’s proposed 2012 budget was for $20,225, which included Operating Expenses and Reserve Expenses. The Reserve Expenses of $15,500 is for the resurfacing of Courts 3 and 4 and the replacement of various windscreens. There was a question about budgeting for the proposed online court reservation system, which still has yet to be tested. It was suggested that an additional $2,500 be budgeted for the system in case after it is tested it is decided to implement the system. After discussion, Mr. Weingart made the motion to approve the Committee’s proposed budget of $20,225 plus the additional $2,500 (total of $22,725), should it be decided to implement the reservation system. The motion was seconded by Mr. Tennen and was unanimously approved by the Board. The Committee’s proposed 2012 budget will now go to Mr. Avila and the Finance Committee to be incorporated into the Association’s main draft 2012 Operating Budget.
Adjournment
The regular Board of Directors meeting was adjourned at 8:47 p.m. An Executive Session of
the Board of Directors followed to discuss the following matters:
Executive Session – September 27, 2011 - General Notes
The Executive Session was called to order at 8:55 p.m.
The Board held a Member discipline hearing regarding a CC&Rs violation.
The Board postponed a Member discipline hearing related to a CC&Rs violation so additional Information can be obtained.
The Board approved the minutes of the August 23, 2011 Executive Session.
The Board had continued discussions regarding its recent foreclosure on the property legally described as Tract 31315, Lot 12, Unit 2 (APN #4382-029-088) for delinquent assessments, and discussed the potential litigation related to obtaining possession of the property from the occupant.
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 postponed continued discussion regarding a matter of potential litigation with a Member as it relates to a Common Driveway / Common Area parking issue so additional information can be obtained.
The Board postponed continued discussion regarding a matter of potential Member discipline regarding a CC&Rs violation so additional information can be obtained.
The Board closed a matter of potential Member discipline regarding a CC&Rs violation since the Member is working on a resolution with the Architectural & Landscaping Committee.
The Board discussed a matter regarding a demand for attorney-client privileged documents.
The Board had discussions regarding its foreclosure efforts against the property legally described as Tract 32228, Lot 1, Unit 6 (APN #4379-035-155) for delinquent assessments.
The Executive Session was adjourned at 9:40 p.m.
