Board of Directors Meeting, January 17, 2007, Minutes
Oaks North Marbella Homeowners Association
BOARD OF DIRECTORS MEETING
January 17, 2007
The Board of Directors Meeting of the Oaks North Marbella Homeowners Association was held on Wednesday, January 17, 2007 at the Oaks North Community Center, pursuant to the notice thereof sent to all Board members. It was determined that a quorum was present and the meeting was called to order by the President, Karen Wiley at 10:00 a.m.
Directors present: Karen Wiley, Larry Allen, Maurice Nahum, Jim Coote, and Marilyn Tipler.
Also present: Karin Coote, Mike Klaric, John Ellis, Allen & Gloria Bond, Donna Meyers, Greg Weiland (US Lawns), Chon Campillo (US Lawns), and Wendy DeVuyst.
MINUTES OF PREVIOUS MEETINGS
A motion was duly made by Karen Wiley and seconded by Marilyn Tipler to approve the minutes of the previous Board meeting of 11/15/06 as written. Motion carried.
MEMBER PARTICIPATION
A. John Ellis addressed the Board with regard to his recent emails concerning the need for a gate at the end of the greenbelt (nearest the Winery). He is suggesting two gates, one being smaller and locked with Marbella residents having keys or the combination so they can access the gate. He would also propose that persons living in Poway who have friends or relatives in Marbella also be given access to this gate to enter Marbella from Poway. The main purpose of the gate is to keep out people from Poway who allow their dogs to run free in our greenbelt.
Mr. and Mrs. Bond live near this end of the greenbelt and say they see many dogs coming from Poway running loose in our greenbelt. Since it is posted for Marbella residents only, they feel that we should try to stop these people from illegally using our greenbelt.
Mike Klaric agreed that there is a problem with dogs running loose and feels that it is mostly Marbella residents who let their dogs run loose. He feels we need to enforce the CC&R’s to have people keep their dogs on a leash at all times. Mr. Klaric stated that he is not opposed to others coming into our area with their dogs, so long as they are properly restrained on leashes. In addition to the dog problem, there was concern over ATV’s and other such vehicles accessing our greenbelt from Poway.
The Board stated that the post was installed in this area by the City of Poway to stem the problem of ATV’s, etc. and since the post has been installed we have not had any more reports of these types of vehicles on our greenbelt. We may be able to get the City of Poway to install two additional posts which would close up that opening even further.
Larry Allen stated that if someone has a dog off of the leash, this is a violation of the City Code and people should call the non-emergency Police number or Animal Control. If the Board is aware of Marbella residents in violation of the leash law, we can contact them directly.
There are people from other areas who walk their dogs in Marbella on the greenbelt.
There was a question on ownership of the greenbelt. The Board explained that we own the property, but the County Water Authority has an easement across the property and they decide what we can and cannot do on the property as far as fencing, plantings, etc. They would allow us to install a gate, per their specifications and with their lock.
There was a disagreement over the interpretation of the City Code regarding the length of a leash. Some owners present felt that the maximum length was 6 feet.
Oaks North Marbella HOA minutes
Jan. 17, 2007
Page -2
Member Participation (continued)
Karen Wiley stated that the Board will put a notice in the next newsletter about residents keeping their dogs on a leash.
Marilyn Tipler suggested volunteers to be on the greenbelt to help educate the dog walkers about the law and the need for courtesy to the neighbors. No action taken.
It was also suggested that the Board survey the owners to get feedback on whether or not a gate should be installed. This will be considered by the Board.
John Ellis asked that the Board seek a legal opinion from their attorney on this matter.
COMMITTEE REPORTS:
A. Maintenance … Karen Wiley
C. Long Range Planning Committee
Jan. 17, 2007
Page -3
CORRESPONDENCE
A. Letter dated 11/17/06 was sent to Mr. and Mrs. Allen Bond (13164 Corte de Candilejas) in response to their letter regarding the greenbelt and installation of gates to limit access.
B. Letter dated 11/17/06 was sent to the owner of 18261 Aceituno asking that she keep her dog on a leash when walking in the greenbelt and that she clean up after her dog. She sent a reply letter dated 11/21/06 stating that she always cleans up after her dog.
C. A letter dated 11/21/06 was received from John Ellis (13314 Corte de Estepona) regarding problems with obeying the new election procedures during the Board elections in November. A reply letter dated 11/28/06 was sent to Mr. Ellis advising him that the Board would discuss this matter at their next Board meeting. There was some discussion on the need to have a Nominating Committee. This is currently mandated in our Bylaws. The Board agreed that many mistakes were made during this election process and will do better to adhere to the procedures mandated by the State. Mr. Ellis stated that he was satisfied with this response.
D. A letter dated 11/28/06 was sent to the owner of 12925 Ave. Marbella regarding the need for maintenance of a slope.
E. Second notice letters dated 11/29/06 were sent to the owners of 18122 & 18130 Calle Estepona, and 18004 Via Rota regarding the need for maintenance work on slopes.
F. A follow up letter needs to be sent to the owner at 12965 Ave. Marbella thanking her for killing the weeds in the driveway and sidewalk, but asking that she now remove the dead weeds.
FINANCIAL REPORT … Maurice Nahum
A. Financial Statement - The Board reviewed the financial statements ending 11/30/06 and 12/31/06. We ended the year about $1058 under budget. We have a CD that will mature on 1/19/07. These funds will be put back into the checking account.
UNFINISHED BUSINESS
A. Oaks North Community Center Architectural Review Committee (ONCC-ARC) – Larry Allen stated that we will be facing the problem of view issues due to trees. The ARC has been reluctant to change the guidelines on this matter. Discussion. Mr. Allen will come up with a proposed policy for our Board to review. When approved, we will recommend this policy be adopted by the ONCC ARC.
B. Slope Maintenance by Owners – Karen Wiley will follow up on the 4 addresses where work was to have been done.
C. Holiday Decorations - Karen Wiley noted that the decorations looked great and a thank you will go into the newsletter to Roland Kramer for doing this work.
D. Revised Election Procedures – Our attorney has provided us with revised election procedures based on new State laws. Discussion. A motion was duly made by Jim Coote and seconded by Maurice Nahum to approve the procedures for mailing to the owners for review. The Board will vote to adopt the new procedures at their March Board meeting. Motion carried.
NEW BUSINESS
A. Sidewalk Incident – Karen Wiley reported that she was advised that someone tripped on the raised concrete on a sidewalk in Marbella. The City was notified and made the necessary repairs since they own the sidewalks.
Oaks North Marbella HOA minutes
Jan. 17, 2007
Page -4
New Business (continued)
B. Gate Request for Greenbelt – This was discussed under Member Participation. The Board will put an article in the upcoming newsletter regarding dog owners keeping their pets on a leash.
C. Karen Wiley received a request to allow a person to conduct an on-leash dog obedience class on our greenbelt. The Board denied the request.
D. We have received the quote for the insurance premium for the coming year. The new premium will be $4287, which is down from last year. We have $4572 budgeted.
With no further business to be brought before the Board, the meeting adjourned at 11:55 a.m.
Respectfully submitted,
Wendy DeVuyst,
Recording Secretary
NEXT BOARD MEETING: Wednesday, February 21, 2007 at 10:00 a.m.
BOARD OF DIRECTORS MEETING
January 17, 2007
The Board of Directors Meeting of the Oaks North Marbella Homeowners Association was held on Wednesday, January 17, 2007 at the Oaks North Community Center, pursuant to the notice thereof sent to all Board members. It was determined that a quorum was present and the meeting was called to order by the President, Karen Wiley at 10:00 a.m.
Directors present: Karen Wiley, Larry Allen, Maurice Nahum, Jim Coote, and Marilyn Tipler.
Also present: Karin Coote, Mike Klaric, John Ellis, Allen & Gloria Bond, Donna Meyers, Greg Weiland (US Lawns), Chon Campillo (US Lawns), and Wendy DeVuyst.
MINUTES OF PREVIOUS MEETINGS
A motion was duly made by Karen Wiley and seconded by Marilyn Tipler to approve the minutes of the previous Board meeting of 11/15/06 as written. Motion carried.
MEMBER PARTICIPATION
A. John Ellis addressed the Board with regard to his recent emails concerning the need for a gate at the end of the greenbelt (nearest the Winery). He is suggesting two gates, one being smaller and locked with Marbella residents having keys or the combination so they can access the gate. He would also propose that persons living in Poway who have friends or relatives in Marbella also be given access to this gate to enter Marbella from Poway. The main purpose of the gate is to keep out people from Poway who allow their dogs to run free in our greenbelt.
Mr. and Mrs. Bond live near this end of the greenbelt and say they see many dogs coming from Poway running loose in our greenbelt. Since it is posted for Marbella residents only, they feel that we should try to stop these people from illegally using our greenbelt.
Mike Klaric agreed that there is a problem with dogs running loose and feels that it is mostly Marbella residents who let their dogs run loose. He feels we need to enforce the CC&R’s to have people keep their dogs on a leash at all times. Mr. Klaric stated that he is not opposed to others coming into our area with their dogs, so long as they are properly restrained on leashes. In addition to the dog problem, there was concern over ATV’s and other such vehicles accessing our greenbelt from Poway.
The Board stated that the post was installed in this area by the City of Poway to stem the problem of ATV’s, etc. and since the post has been installed we have not had any more reports of these types of vehicles on our greenbelt. We may be able to get the City of Poway to install two additional posts which would close up that opening even further.
Larry Allen stated that if someone has a dog off of the leash, this is a violation of the City Code and people should call the non-emergency Police number or Animal Control. If the Board is aware of Marbella residents in violation of the leash law, we can contact them directly.
There are people from other areas who walk their dogs in Marbella on the greenbelt.
There was a question on ownership of the greenbelt. The Board explained that we own the property, but the County Water Authority has an easement across the property and they decide what we can and cannot do on the property as far as fencing, plantings, etc. They would allow us to install a gate, per their specifications and with their lock.
There was a disagreement over the interpretation of the City Code regarding the length of a leash. Some owners present felt that the maximum length was 6 feet.
Oaks North Marbella HOA minutes
Jan. 17, 2007
Page -2
Member Participation (continued)
Karen Wiley stated that the Board will put a notice in the next newsletter about residents keeping their dogs on a leash.
Marilyn Tipler suggested volunteers to be on the greenbelt to help educate the dog walkers about the law and the need for courtesy to the neighbors. No action taken.
It was also suggested that the Board survey the owners to get feedback on whether or not a gate should be installed. This will be considered by the Board.
John Ellis asked that the Board seek a legal opinion from their attorney on this matter.
COMMITTEE REPORTS:
A. Maintenance … Karen Wiley
- Punch List – Ms. Wiley gave a very short punch list to US Lawns.
- Soil Analysis Report – US Lawns gave us the results of the soil analysis done on a section of our greenbelt. For the most part the soil is fine. They do recommend a specially mixed fertilizer to help amend the soil in the greenbelt.
- Bid for Aeration Work – US Lawns gave us a bid of $2235 to aerate the entire greenbelt and add this specially mixed fertilizer. Discussion on possibly only doing the worst areas. Greg Weiland offered to drop the price down to $1400 to just do the aeration. A motion was duly made by Larry Allen and seconded by Jim Coote to approve the $1400 bid for aeration of the grass in the greenbelt. Motion carried.
- 2007 Contract with US Lawns – The Board had previously approved the 3% increase from US Lawns, so the new contract was signed.
- Frost Damage – There is a lot of damage to plants due to the frost. We will not trim off the dead material until the spring when the frost danger has passed. The dead plants at the entry will be removed now. US Lawns is suggesting adding a couple of large rocks and more Society Garlic in the median, rather than using the annual color. The Board agreed to this idea.
- US Lawns was asked to trim back some of the plants by the entry monuments.
- Karen Wiley will contact the Villas regarding some needed maintenance work on their portion of our shared slope.
- Discussion on the property boundary on Paseo del Verano Norte, near the Winery. It was determined that the end of the sidewalk is the boundary we will use for maintenance purposes. Beyond that is the responsibility of the Winery.
- Status of Tree Trimming Work – Larry Allen reported the JRS Trees did a very good job on the first half of the trimming work. They have given us a bid of $5000 to complete the job. We have all the necessary insurance information about them on file. A motion was duly made by Larry Allen and seconded by Marilyn Tipler to approve the contract with JRS Tree Service for $5,000 to complete the trimming and lacing work on the trees in the greenbelt. Motion carried.
- Status of Entry Lighting – Jim Coote reported that all the lights are working.
C. Long Range Planning Committee
- Revision of CC&R’s – We are awaiting the information from the attorney about the amendment to amend the amendment procedures in the CC&R’s.
Jan. 17, 2007
Page -3
CORRESPONDENCE
A. Letter dated 11/17/06 was sent to Mr. and Mrs. Allen Bond (13164 Corte de Candilejas) in response to their letter regarding the greenbelt and installation of gates to limit access.
B. Letter dated 11/17/06 was sent to the owner of 18261 Aceituno asking that she keep her dog on a leash when walking in the greenbelt and that she clean up after her dog. She sent a reply letter dated 11/21/06 stating that she always cleans up after her dog.
C. A letter dated 11/21/06 was received from John Ellis (13314 Corte de Estepona) regarding problems with obeying the new election procedures during the Board elections in November. A reply letter dated 11/28/06 was sent to Mr. Ellis advising him that the Board would discuss this matter at their next Board meeting. There was some discussion on the need to have a Nominating Committee. This is currently mandated in our Bylaws. The Board agreed that many mistakes were made during this election process and will do better to adhere to the procedures mandated by the State. Mr. Ellis stated that he was satisfied with this response.
D. A letter dated 11/28/06 was sent to the owner of 12925 Ave. Marbella regarding the need for maintenance of a slope.
E. Second notice letters dated 11/29/06 were sent to the owners of 18122 & 18130 Calle Estepona, and 18004 Via Rota regarding the need for maintenance work on slopes.
F. A follow up letter needs to be sent to the owner at 12965 Ave. Marbella thanking her for killing the weeds in the driveway and sidewalk, but asking that she now remove the dead weeds.
FINANCIAL REPORT … Maurice Nahum
A. Financial Statement - The Board reviewed the financial statements ending 11/30/06 and 12/31/06. We ended the year about $1058 under budget. We have a CD that will mature on 1/19/07. These funds will be put back into the checking account.
UNFINISHED BUSINESS
A. Oaks North Community Center Architectural Review Committee (ONCC-ARC) – Larry Allen stated that we will be facing the problem of view issues due to trees. The ARC has been reluctant to change the guidelines on this matter. Discussion. Mr. Allen will come up with a proposed policy for our Board to review. When approved, we will recommend this policy be adopted by the ONCC ARC.
B. Slope Maintenance by Owners – Karen Wiley will follow up on the 4 addresses where work was to have been done.
C. Holiday Decorations - Karen Wiley noted that the decorations looked great and a thank you will go into the newsletter to Roland Kramer for doing this work.
D. Revised Election Procedures – Our attorney has provided us with revised election procedures based on new State laws. Discussion. A motion was duly made by Jim Coote and seconded by Maurice Nahum to approve the procedures for mailing to the owners for review. The Board will vote to adopt the new procedures at their March Board meeting. Motion carried.
NEW BUSINESS
A. Sidewalk Incident – Karen Wiley reported that she was advised that someone tripped on the raised concrete on a sidewalk in Marbella. The City was notified and made the necessary repairs since they own the sidewalks.
Oaks North Marbella HOA minutes
Jan. 17, 2007
Page -4
New Business (continued)
B. Gate Request for Greenbelt – This was discussed under Member Participation. The Board will put an article in the upcoming newsletter regarding dog owners keeping their pets on a leash.
C. Karen Wiley received a request to allow a person to conduct an on-leash dog obedience class on our greenbelt. The Board denied the request.
D. We have received the quote for the insurance premium for the coming year. The new premium will be $4287, which is down from last year. We have $4572 budgeted.
With no further business to be brought before the Board, the meeting adjourned at 11:55 a.m.
Respectfully submitted,
Wendy DeVuyst,
Recording Secretary
NEXT BOARD MEETING: Wednesday, February 21, 2007 at 10:00 a.m.
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