TORREY WOODS ESTATES HOA
MINUTES
of the Regular Meeting of the Board of Directors held
October 13, 2004
The meeting began at 7:07 p.m. following an executive session held immediately prior to this meeting, during which legal matters and member discipline issues were discussed. The meeting was held at the Del Mar Marriott, located at 11966 El Camino Real, San Diego, CA 92130.
The following Board Members were present: Scott Wooden, Thomas Todd, Robert Friedman, Joe Pacula and Bob Hahn.
J. D. Richardson Co. (JDR) was represented by Jennifer D., CCAM and Ann Elmore. Others in attendance were: Denise Benham-Hill from The Emmons Company, Rickard Salpietra, Esq. of The Law Offices of Richard Salpietra, along homeowner Ali Namvar and his guest, Mr. Rodriguez.
HOMEOWNER DISCUSSION. {1743} The following issues were discussed during open session:
4218 PHILBROOK – ARC DENIAL [0022] Ali Namvar indicated that he could not attend the hearing he was called to earlier this evening and consented to discussing this issue during open forum. Ali asked the Board why his landscape submittals, specific reference to the balustrades, were denied.
Ali Namvar indicated that he does not feel that the guidelines specify theme within the community and that he contests the Board’s determination that the balustrades were denied based upon thematic determination. Ali Namvar submitted photos to the Board of homes within the community that he believes are not in compliance with theme and/or the architectural guidelines of the Association.
The Board reiterated that the balustrades located in the front yard continue to be denied and must be removed based upon their previous determination that they do not conform to the overall theme of the Association. The Board, following being questioned by Ali Namvar, Indicated that Lightfoot, landscape architect charged with reviewing architectural submittals, reviewed this issue and agreed that the balustrades are not in keeping with the theme of the Association. The Board informed Ali Namvar that the balustrades need to be removed from the property. The Board informed Ali Namvar that he was welcome to resubmit a different plan for review. Ali Namvar indicated that he
intended to sue the Association.
Ali Namvar also informed the Board that he will be changing the color of his flowers in his front yard and inquired if he would need permission to change his perennial color every year. The Board stated that he would not need to obtain permission from the Board to change the color of his flowers, considering that they are perennial.
Ali Namvar reported to the Board that the Security Guard informedhim that his guest’s vehicle needed a red permit. The Board directed JDR to contact the Security Guard to ensure that they are
following the correct procedure.
Denise Benham-Hill presented Bob Friedman, on behalf of the Board, with a gift certificate to the Fish Market, as a token of the Association’ gratitude for his service to the community. Denise
Benham-Hill left the meeting.
MINUTES of LAST MEETING. [MINS] Upon a motion duly made by Bob Friedman, seconded and carried, the Board unanimously approved the minutes of the September 8, 2004 meeting with the following changes.
The following sentence should have these changes:
CALL TO ORDER: delete “92130” after Dana Point Room
MANAGEMENT REPORT: edit to reflect that the Board only reviewed the gate log.
PARKING ISSUES/SECURITY: 2nd paragraph - "Bob Hahn motioned to order guest stickers to reflect...." this paragraph is not complete.
COMMITTEE REPORTS: Landscaping/Architectural – clarify the budget allowance as follows: "Joe Pacula, Treasurer recommended to budget $5,000 for both the Lighting and the Landscaping Plan."
FINANCIAL REPORTS. [FINS] The Board received the financial statements for August 2004 and September 2004. Upon a motion duly made by Joe Pacula, seconded and unanimously carried, the Board approved the August statements following the minor changes made by The Emmons
Company.
Joe Pacula questioned transfer of $64,151.00 from the operating to the reserves and why the transaction appears to have caused a deficit situation. JDR will review this issue when the books and records are received from The Emmons Company.
MANAGEMENT REPORT. The Board reviewed the Action List and directed JDR to do the following: contact La Salle Lighting regarding the light at the entry gate needing repair; contact Aqua Pool to check the timers on the waterfall; follow up with AGS to schedule a meeting with the Board to discuss the lack of findings on the gate issues; change the gate code on November 1, 2004 to 1101; contact one more lighting company to obtain a proposal to install street lights near mailboxes on Thistle; get a proposal for brush management.
The Board also reviewed Customer Service Report and the Action List Walk-through. No further action required.
The Board received the Tru Green Audit Report.
CORRESPONDENCE. The Board reviewed the general correspondence as presented in the Board packet. The Board directed the Landscape Committee to look at the Pampas grass on the slope below the backyard of 4158 Philbrook Square and make a recommendation regarding potential
action needed.
MAILBOX LIGHTING. [0026] The Board directed JDR to obtain an another proposal for the additional lighting at the mailbox. JDR to obtain specifications from Thomas Todd.
11578 PARKHURST - ARCH REQUEST. [0037] The Board reviewed and approved, upon a motion duly made by Thomas Todd, seconded and carried, the Architectural Request from Myra Pelowski to: finish the hardscape by completing the driveway up to the sidewalk using the quartzite and colored concrete currently existing in the courtyard, stairs and walkway areas; upgrade the garage doors to fit with the Mediterranean theme of the house. Joe Pacula abstained from the vote.
4298 PHILBROOK – ARCH REQUEST. [0050] The Board reviewed and approved, upon a motion duly made, seconded and carried, the Architectural Request from the Pfaff’s for the landscaping on the pergola.
GATE REPAIR REIMBURSEMENT. [0027] Thomas Todd directed JDR to obtain a complete record of all gate issues from Deniese Benham-Hill of The Emmons Company. The Board would like to discuss this issue further at upcoming meetings.
The Board also is considering posting a “who to call” number on the call box in case of gate malfunctions.
REAR YARD FENCE ISSUES. [0028] The Board received a draft of proposed CC&R changes along with architectural renderings (prepared by Peter Noll) of key wall change options relative to the “keywall” section of the CC&Rs. Upon a motion duly made by Joe Pacula, seconded
and carried, the Board agreed to table this issue, pending further review by the Architectural Committee on which specific renderings would be acceptable as options for changes to the rear, key walls. The Board also directed the Architectural Committee to assemble a packet of information that would accompany the proposed CC&R Amendment and approved architectural renderings, providing factual, non-opinion based, information on the issue to the homeowners so that they will be armed with sufficient information to vote on the matter. Thomas Todd
opposed the motion.
In the interim, the newsletter will update the membership on the current status of this issue, which will be drafted by the Architectural Committee. JDR to obtain written approval from Geogrid, through ColRich, on the continuance of their warranty on these walls subject to the approved changes as depicted in the various renderings provided by Peter Noll.
SPEED LIMIT SIGNS. {0029} Bob Hahn will provide JDR with the “tow” sign and security sign that need to be re-affixed to the gate (upper right corner).
HALLOWEEN SAFETY 2004. [0030] Joe Pacula made the following recommendations to the Board for a safety plan for Halloween:
1. Post a sign on the gates saying, "Children Trick or Treating
- Please Drive Safely" starting at 4:00 p.m.
2. Place barricades/cones at intersections of Parkhurst and Philbrook, Philbrook and Chesterwood, Chesterwood and Rosecliff and Thistle Hill, and Thistle Hill and Philbrook. The cost would
be a minimal $35.00.
3. Post a notice on both the website and the website and in the next newsletter to remind people that children will be trick or treating that evening. All residents and guests should watch their speed in the community.
-Ask homeowners to have their porch lights on so there is extra lighting on the streets.
-Ask Parents who are walking with the kids to be extra vigilant of cars and carry flashlights when walking.
Upon a motion duly made by Bob Friedman, seconded and unanimously carried, the Board accepted the recommendations made by Joe Pacula.
TOWING SIGNS. [0007] Bob Hahn will provide JDR with the “tow” sign and security sign that need to be re-affixed to the gate (upper right corner). Scott Wooden suggested exploring the use of security Cameras to better monitor the entry area.
The meeting adjourned at 9:20 p.m. to reconvene into an executive session to discuss member discipline issues.
The meeting reconvened at 10:13 p.m.
LANDSCAPE/ARCHITECTURAL COMMITTEE. [0031] Thomas Todd indicated that their goal is to remove the subjectivity from the guidelines and to provide more of an “accepted” and “unaccepted” list of conditions. Thomas Todd requested copies of the Association’s lighting plans, irrigation plans, and the Master Landscape Plan.
The Landscape/Architectural Committee is proceeding with the review of the landscape bids solicited and received. The Committee review the proposals and interview the landscapers. Thomas Todd will set up this meeting, where all of the Committee and Board Members
will be invited.
Bob Friedman inquired as to whether or not TruGreen should be put on notice.
Thomas Todd suggested appointing Ali Namvar to this Committee. Upon a motion made by Joe Pacula, seconded and carried, the Board denied this request.
Upon a motion duly made, seconded and carried, Scott Wooden was appointed to the Landscape Committee following Bob Friedman’s resignation.
TRAFFIC CONTROL COMMITTEE. [0032] Upon a motion duly made, seconded and carried, the Board appointed Bob Freidman to the Committee following Scott Wooden’s resignation.
WEBSITE COMMITTEE. [0033] Bob Friedman indicated that the Board may have to pay someone to update the site.
FINANCE COMMITTEE. [0034] Upon a motion duly made, seconded and carried, the Board appointed Bob Friedman to the Finance Committee following Scott Wooden’s resignation.
2005 BUDGET. [0013] Joe Pacula presented the Board with a pro-forma budget prepared by the Finance Committee. He requested feedback on the budget so that it can be presented to the membership in a timely manner, consistent with current law.
2004 AUDIT & TAXES. [0038] Upon a motion duly made by Joe Pacula, seconded and unanimously carried, the Board approved the proposal submitted by Greg Villard, CPA, for the preparation of the Association’s annual tax returns and audit.
The meeting adjourned at 10:30 p.m.
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Recorded by Approved by
Regular Session Page 5 October 13, 2004
Minutes