The
Unofficial Newsletter
The January Meeting
Jim Gibbons Quits, Paul appoints Dick Herschel, Extraordinary
Board Powers.
Omar Kadaster did not attend. Earl, Carol and Dick were present.
Earl opened the meeting. Paul Jones came in late. The audience was
made up of Don and Dottie Riebe, Tony Esporma, Fumiko Takemura, Alisa Ross,
Lou Shaver and Jason and Stephanie Cleveland from Association Services.
The agenda called for an executive session "for the purpose of discussing legal issues". Both Earl Jones and Alisa Ross were recording the meeting.
Homeowners Forum:
Dottie Riebe: Dottie noted that some people in the area have
been having frequent garage sales. According to a city code inspector
she'd spoken to, frequent garage sales can be construed as a commercial
enterprise and subject to city constraints. She also noted that our
CCRs do not allow commercial use of our homes.
Don Riebe: Don asked in writing that his and Dottie's name be used on the newsletter not the lot number. Jason had indicated at the December 99 that such requests should be done in writing. Don also asked that the board discussed the extent of the legal issues that were to be discussed at the exective session. Paul Jones dismissed that. Alisa noted that California law that gives the membership the right to at least know the topic of the legal discussion. Paul Jones dismissed that too.
Tony Esporma: Tony asked that in writing that he be adentified as a person not as a lot number in the newsletter. The Board took no action at this time but Paul Jones was looking exasperated. About his construction, Tony noted that the city had decided that sightline restrictions did not apply to driveways, hence trees and bushes are not illegal. In the meantime, the city is reviewing the front wall and will make a decision soon. Tony also noted that he is planning to remodel the back of his house. Paul Jones shot back at Jason that comment be made in the newsletter that 'after 18 months, Tony is still planning to do more remodeling to his house. Tony retorted that this was not association business at all since the city had cause a large part of the delays, that the city was happy with all permits paid and signed off and that Paul Jones was out of order since Paul had noted in the December meeting, the Board can not overule the city.
At this time Tony asked the following questions for the record, requested that they be printed in the newsletter and that the Board answer them during the meeting.
Why was no comment made on the newsletter of the website?
Requested a official vote tally for the last election.
Requested that the current CR change 'committee' be disbanded and membership
be opened to volunteers from the entire membership, not hand picked by
Paul Jones and the current Board. He stated that the current Board
was part of the problem and that if the current Board was involved in the
process no meaningful change could come about.
He reiterated that he wanted the Board to answer the following questions and that they become part of the record and the newsletter.
Requested to know at what time did Jim Gibbons offered his resignation.
Was it in writing?
Requested to know when was Jim's resignation accepted.
Requested to know if the Board is aware that the CCRs stipulate yearly
elections for all board members.
Requested to know from Jason if the Board's liability coverage is valid
if the Board or any of its members willfully disreguard the CCRs.
Requested to know, with such a large slate of candidates, such a heavy
vote turnout and a resignation so close to the election, the rationale
not to chose the fourth vote getter as replacement for Jim.
Paul Jones and Jason refused to answer any of these questions.
Alisa Ross: Alisa also noted that she had sent a certified letter to Association Services asking about the legal fees for the El Zorro lawsuit citing the California code which gives her the right to know. Jason simply noted that she had made a 'request from a member' and that the board was not required to 'grant' it. Alisa once again reminded him that she had the right to such information under California law and that the board was acting illegally. Paul Jones interceded saying that "this woman is crazy" and started to dimiss the issue saying that no one care about these issues. As he said this he pointed out to the empty chairs in the front row. He stated that "you have lost" the election and no one cares any more.
At this point, Jason Cleveland noted that Alisa Ross was recording the meeting. He yelled -and I mean yelled- at her to stop the recording as 'being illegal'. Alisa drew Jason's attention to the fact that Earl Jones had a recorder in front of him -which Jason couldn't see because of his location. Jason immediately begun to backtrack that maybe it was legal after all. Dottie Riebe then pointed to Jason that he worked for all of us, not just the board and that he should be fair and not yell at the present members, and that the Board should not hide behind the attorney. Jason lost his temper at this, got up and threatened to quit on the spot saying he didn't have to take "this sort of ridiculous abuse". Paul Jones condescendenly calmed him down saying that he only had to take 12 minutes of 'this' as he pointed out to the Riebe's, Tony Esporma and Alisa Ross. The meeting sort of calmed down after this.
Landscaping:
No extra plants were planted in parkways leading to parks due to the
high winds.
The association owned embankments at 19001 Racine and 5201 Hiram are
not getting enough water because the sprinkler lines from Culver are in
poor shape. The Board is to ask those homeowners if we can tap into
their sprinklers and pay for the water usage. These embankments have
not been replanted for at least "four years".
The homeowner at 19111 Biddle has a problem with his wall. The
Board is to review the issue.
The homeowner at 5241 Hiram has a view conflict with an upslope neighboor.
The Board is to review the issue.
Old Business:
Still discussing putting signs on the park entries. Paul Jones
asked Jason about putting the signs up on the wall.
Note: nothing was discussed about the lights on the park, the swing
sets or the walls.
New Business:
Names on Newsletter:
Paul Jones approached this item. He noted that on "advice of
council" names can not be used to protect the board from lawsuits. Thus
the board uses Lot Numbers to identify
the members. Even thought both the Riebe's and Tony Esporma wish
to be identified per name the Board "can not" change this new procedure.
Paul queried the Board on their stand. Dick couldn't care.
Earl and Carol sided with Paul and the Board will continue with their new
legally approved procedure.
Opening the CCR Change Committee to volunteers from the Membership.
Paul Jones said that if any one cared to volunteer they could do so.
Alisa Ross volunteered on the spot but was dismissed by Paul. Earl
made a speech about how the committee would be opened to ideas from the
entire association and that open meetings would be held. Earl said
that he was the representative from the Board but that the Board does not
run the committee. The committe is now trying to come up with a working
draft. Dottie Riebe complained that as of now, the Board is overrepresented
by the first and second units and that the Board should not control the
selection of members to the committee so that other units can be better
represented. Earl countered that the Board will not make the
decissions on the CCRs. <remember that the board discussed
its extraordinary powers during the
december meeting> Paul prmised that there would be advanced notice
of open meetings to discuss the CCRs changes.
At last, Paul Jones adjourned the meeting into an exectuive session
to discuss legal matters. Tony gave a written copy of his new business
to Jason Cleveland for the record.