Sept. '09 Minutes: Marbella and ONCC Board Meetings
Oaks
BOARD OF DIRECTORS MEETING
September 16, 2009
The Board of Directors Meeting of the Oaks North Marbella Homeowners Association was held on Wednesday, September 16, 2009 at the
Directors present: Karen Wiley, Jim Coote, and Marilyn Tipler.
Also present: Jackie Bobian, Lorene Welch, Elaini & Eugene Horowitz, Ruth & Bill Treat, Mary Butterfield, Lidia & Leo Kotlyar, Lucille Lewis, Ken & Lucie Dillard, Roberta Cantow, Keith Dickerson, Earnie Giles, Phyllis Sullivan, Mary Jo & Jerry Coughlin, Roland Kramer, William Daley, Leon Bloom, Mike & Jean Klaric, Rose Rosenberg, Rachel Wagner, John & Marilyn Ellis, Mary Ann Tanner, Sam & Reva Miranker, Albert & Elieen Dolin, Tom Cook, Warren Hess, Gerry Notman, Carol Brinkley, and Wendy DeVuyst.
MINUTES OF PREVIOUS MEETING
A motion was duly made by Marilyn Tipler and seconded by Jim Coote to approve the minutes of the previous meeting of 8/19/09 as written. Motion carried.
MEMBER PARTICIPATION
Prior to the members speaking, Karen Wiley addressed the members with regard to the greenbelt letter and misinformation being disseminated in the community. The Board has been looking into the greenbelt situation for sometime and has not come up with a satisfactory solution. First, the Board is not proposing a special assessment at this time. We were simply advising members of the options we were exploring. We stated in the letter that we are well aware of the Bylaws and CC&R's and that the members would have to vote on removal of turf and any special assessment. Any proposals that we would consider would first be presented to the members at a meeting before we even send out any type of ballot. We looked into grant money, bank loans, etc. The Board felt that these would not be viable solutions. The Board has looked at doing work in increments to spread the work out over several years. We have installed new sprinkler heads in one location and are seeing an improvement to that area. We are looking into getting prices for using these types of heads. Jim Coote addressed the water use by the area golf courses. He stated that they use untreated water and well water, and are not under the same restrictions by the City. Also, we spent $1920 for a landscape architect to provide us information and recommendations, not $13,000, as stated in one letter.
A. An owner asked why the Board hired an outside consultant to evaluate our greenbelt. Also suggested that we do our watering after 5 a.m.
B. Homeowners asked about why the Villas and Mirador lawn areas look better than ours.
C. Mike Klaric feels that the Board did not turn up the water last March and that US Lawns scalped the lawns in April. He stated that the Board started rationing the water before the City mandated it and caused the present condition. He also complained about the contractor we contracted with as a consultant in that they are not a local company and he could not find information about the company we hired on the internet. He feels the Board has handled the matter ineptly and the Board is the cause of the problem. He recommends that the Board members resign. Mr. Klaric stated that everyone is blaming US Lawns for all the work, but he feels that the Board members are the ones to blame. He feels that the Board members are impervious to any input from the homeowners.
D. Tom Cook feels that no one should complain about the actions of the Board unless they are willing to volunteer to serve. Mr. Cook asked why the lawns look so bad now.
E. Warren Hess asked if the Board had the water off for 52 days in a row. The Board stated that the water was off for parts of January, February, and March of this year when we had rain.
F. A homeowner asked about the new sprinklers and the water pressure in the system. Feels the Board incited the members with the letter they sent out.
G. A homeowner asked about using more drought tolerant plants and rock on the greenbelt. Marilyn Tipler said that is what we were looking at with this proposal. Tom Cook stated that this was tried in some areas, but was not financially prudent.
H. A homeowner asked about getting bids from other landscape contractors. The Association has a 30 day cancellation clause in our current contract. Several homeowners agreed that we should terminate the contract with our current landscape contractor and get at least 3 bids for a new contractor.
I. A homeowner asked why the landscaper scalped the grass in April. Feels that the grass should be allowed to grow taller. Another suggested the grass should be 1 to 2” tall.
J. John Ellis said that he has requested a copy of the landscape company contract. He also asked how we selected the landscape consultant. Karen Wiley stated that we had a free water audit from the City; we also talked with 2 other landscape architects and got preliminary bids from them for this work. The Board decided on Weiland & Associates to provide us with this consultation and report. Mr. Ellis feels that the contract with US Lawns is insufficient since it does not cover thatching, aeration, etc. Karen Wiley reported that US Lawns did do aeration for free. Mr. Ellis stated that the Board has violated the Bylaws by not annually appointing a Landscape Committee and a Long Range Planning Committee.
K. Tom Robinson feels that we have not correctly identified the problem. The Board needs to find out from the members what they want. Suggested an ad-hoc committee to work with the Board and provide information and get input from the membership. Feels we need to work within our means.
L. Another homeowner asked about the irrigation and the times they are on. The sprinklers are not working properly and don't appear to be checked on a regular basis.
M. The following homeowners volunteered to serve on a Landscape Committee: Mary Ann Tanner, Tom Robinson, Gerry Notman, Marilyn Ellis, Eileen Dolin, Keith Dickerson, and Carol Brinkley.
N. A homeowner complained that the sprinklers are spraying into her patio area at 18159 Calle Estepona. Karen Wiley will have this checked.
O. A homeowner asked if US Lawns is taking responsibility for the condition of the greenbelt.
P. A homeowner feels that the owners need to take some responsibility and report problems to the Board.
Q. Another homeowner complained about the Eucalyptus trees dropping leaves. Karen Wiley stated that there are 2 insects affecting the trees. The owner asked when we laced the trees the last time. Karen Wiley said that this was done a few years ago and is not necessary again at this time.
R. Another homeowner asked why we haven't consulted with other Associations as to why they have green grass compared to ours.
S. Ms. Wiley asked for volunteers to run for this year’s Board elections and no one present volunteered.
T. An owner asked about the Board having homeowners trim up the palm trees in their yards.
U. An owner asked about the last house that was built after the fires and if a variance was granted for the location of the house on the lot. The Board advised that the Oaks North Community Center Architectural Review Committee did approve the house plans that called for the house to be rotated on the lot.
COMMITTEE REPORTS:
A. Maintenance … Karen Wiley
- Punch List Items – A new list of items was given to US Lawns.
- Cost of MP Rotator Sprinklers – Larry Allen was not present. We did install 10 new sprinklers in one area at no charge to us as an experiment and the area is doing better.
- Complaint about a lot of Eucalyptus leaves in a yard. Two trees are heavily diseased and another needs some severe pruning. We have a bid from JRS Trees for $350 to remove 2 trees and trim another. Discussion. These trees are on Paseo del Verano Norte. A motion was duly made by Marilyn Tipler and seconded by Jim Coote to approve the bid of $350 to do this tree work. Motion carried.
- Ms. Wiley contacted Oaks North Villas to discuss why their grass looks better. They indicated that they had changed their irrigation heads to the MP Rotator sprinklers last year, which has made a significant difference.
- Appointment of Landscape Committee - A motion was duly made by Jim Coote and seconded by Marilyn Tipler to appoint: Mary Ann Tanner, Tom Robinson, Gerry Notman, Marilyn Ellis, Eileen Dolin, Keith Dickerson, and Carol Brinkley to the Landscape Committee. Motion carried. Their first task will be to come up with landscape maintenance specifications and get at least 3 bids for the landscape maintenance contract to present at the October Board meeting.
- Contract with US Lawns – The Board agreed with the complaints of the owners and will pursue bids via the Landscape Committee.
- Status of Entry Lighting – Jim Coote reported one new light has been installed.
B. Communications/Newsletter –The next newsletter will go out in October/November.
C.
- Relandscape Plan for
D. Nominating Committee Report – Marilyn Tipler reported that Bob Johnston may no longer be willing to run for the Board. She will check with him today. She has contacted a lot of people, but no one else would agree for this year. She has several people who will run next year. John Ellis and Marilyn Ellis volunteered to run for election to the Board and will submit their biographical sketches this week. Karen Wiley has decided not to run for re-election. Ms. Tipler will find out today if Larry Allen will run for re-election.
CORRESPONDENCE
A. Sent a letter at the end of August to all owners regarding the greenbelt and the idea of replacing some of the turf. Owners were asked for their input.
B. Received a letter dated 8/28/09 from Lynne Elson (13338 Corte de Chucena) regarding the greenbelt letter. She suggests replacing the grass with rock.
C. Received a letter from Mary Ann Tanner (18048 Via
D. Received a letter dated 9/3/09 from Frances Peterson (13055 Ave. Marbella) regarding the greenbelt letter. She is opposed to a special assessment and suggests we replace the existing irrigation system.
E. Received a letter dated 9/1/09 from John Ellis (13314 Corte de Estepona) regarding the greenbelt letter. He is opposed to a special assessment.
F. Received a letter dated 9/3/09 from Mike Klaric (13346 Corte de Chucena) regarding the greenbelt letter. He is opposed to a special assessment. He feels the Board members should resign and that we should terminate the contract with US Lawns. He also addressed concerns regarding architectural matters.
G. Received a letter dated 9/11/09 from Sam & Reva Miranker (13329 Corte de Chucena) regarding the greenbelt letter. They agree with the statements in Mr. Klaric’s letter.
H. Received a letter dated 9/8/09 from John Ellis (13314 Corte de Estepona) requesting to review the Association’s contract with US Lawns, per Article 10.3 of the Bylaws and the California Civil Code.
I. Received a letter dated 9/9/09 from John Ellis (13314 Corte de Estepona) requesting to review the Association’s list of owners, per Article 10.3 of the Bylaws and the California Civil Code. The letter did not state why the reason for the list. We will reply and request he state the reason why.
J. Received a letter dated 8/29/09 from Ernest Fine (13005 Ave. Marbella) regarding the greenbelt letter. He is opposed to a special assessment.
FINANCIAL REPORT … Maurice Nahum was not present.
A. Financial Statement - The statement ending 8/30/09 was reviewed and approved. We are about $12,995 under budget year-to-date. This is mostly due to water.
B. Delinquent Accounts – There is one delinquent account. A motion was duly made by Jim Coote and seconded by Marilyn Tipler to authorize the attorney to have a lien recorded on the property with assessor parcel number 272-722-23 in the event payment in full is not received by the deadline imposed in the Intent to Lien letter dated 9/10/09. Motion carried.
C. Reserve Study – The Board has worked on doing a new Reserve Study. Discussion. It was felt that the wood picket fence does not need to be painted in the next few years, so we can amend that figure. A motion was duly made by Jim Coote and seconded by Marilyn Tipler to approve the Reserve Study as amended with the change to the figure for painting of the picket fence. Motion carried.
D. 2010 Budget - The Board is working on the budget and will finalize the figures at the October Board meeting.
UNFINISHED BUSINESS
A.
B. Street Cracks - Maurice Nahum had no report.
C. Mailbox Painting - Marilyn Tipler reported that she will get a list of those who need to do either paint or replace their mailbox and we will send out letters.
NEW BUSINESS
A. Imposing of Late Fees on Delinquent Accounts – Discussion on following the Bylaws to implement a 10% late fee on assessments that are delinquent after 30 days. A motion was duly made by Jim Coote and seconded by Marilyn Tipler to approve enforcing the provision in the CC&R’s which allow the Board to impose a late fee of 10% on accounts that are delinquent after 30 days, effective 1/1/2010. Motion carried.
With no further business to be brought before the Board, the meeting adjourned at 12:03 p.m.
Respectfully submitted,
Wendy DeVuyst,
Recording Secretary
NEXT BOARD MEETING: Wednesday, Oct. 21, 2009 at 10 a.m.
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OAKS NORTH COMMUNITY CENTER, INC.
BOARD OF DIRECTORS MEETING
SEPTEMBER 16, 2009
MINUTES
The regular meeting of the Oaks North Community Center, Inc. Board of Directors was held at 12578 Oaks North Drive, San Diego, California, on Wednesday, September 16, 2009, with the following Directors in attendance: Frank Auwarter, Bob Ford, Bob Lee, Vicki McCutchan, James Pennington and John Whiteman. Clarence Wilkinson was absent. Also in attendance were Center Manager, Honoria Bunnell, Office Manager, Sara Scrim, Marie Lee, Chairman of the ARC for Condos and Jim Starkey, Chairman of the ARC for Houses.
1. CALL TO ORDER:
The meeting was called to order at 9:06 A.M. with John Whiteman presiding.
2. MINUTES
It was moved by Frank Auwarter and seconded by Bob Ford to approve the minutes of the organizational meeting and the regular monthly meeting of the Board of Directors held on August 19, 2009 The motion was carried unanimously.
3. MEMBER/CLUB/COMMUNITY PARTICIPATION
Ken Burke: Mr. Burke presented a petition to continue with the 9:00 P.M. closing time for the pool and spa.
4. CORRESPONDENCE:
A. Marjorie Diederichs: Thank you for Board support of the annual summer potluck.
B. Betty Weinberger - League of Women Voters: Request for use of the auditorium on December 12th for their Christmas party. This request was denied.
5. ARCHITECTURAL COMMITTEE REPORTS:
A. Condos: Marie Lee reviewed the Committee’s written report (see attached).
There was a discussion of an application for artificial turf in the Miradors which was turned down by the Miradors but approved by the ARC for Condos. It was reported that more applications for artificial turf are being submitted because water restrictions. It was the consensus of the Board that policies and standards for artificial turf need to be developed for all of Oaks North. It was moved by Frank Auwarter that the Condo Committee be directed that if they want to overrule an HOA denial, they need to come to this Board first. The motion was seconded by Vicki McCutchan and approved.
Additionally, the Condo Committee will meet with the Miradors Board.
At this time there was a presentation on artificial turf by SYNLAWN.
B. Houses: Jim Starkey reviewed the Committee’s written report (see attached).
EXECUTIVE SESSION
6. MANAGER’S REPORT
Miss Bunnell reviewed her report (see attached). She then reviewed Clarence Wilkinson’s report (see attached).
7. COMMITTEE REPORTS:
A. Budget and Finance: Frank Auwarter discussed the 2008-2009 audit.
B. Planning: James Pennington discussed artificial turf for the lawn bowl green.
C. Rules and Bylaws: No report.
D. House and Grounds: Already covered.
E. Personnel: No report.
F. Activities: No report.
G. Age Restrictions: No report.
H. Architectural Committee Liaison: No report.
8. UNFINISHED BUSINESS:
A. Other Unfinished Business: None
9. NEW BUSINESS
A. Business: None.
10. ADJOURNMENT
There being no further business to come before the meeting on a motion made, seconded and unanimously carried, the meeting adjourned at 11:10 A.M.
Respectfully submitted,
SARA C. SCRIM, Assistant Secretary
posted by John Ellis | 11:12 AM
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