Personal Notes, HOA Meeting 10-6-2022

HOA Meeting Notes 10-06-2022 3:00pm

Meeting conducted via teleconference (WebEx)

Directors Present:  Chris Andre, Dave Quinsey, Ed Wenz, Tom Wright

Directors Absent:

FirstService Residential

Nadine Bell - Community Manager

Jordan Caccamise cohost

Ian Navarro - Regional Director

Carrie Heieck new legal counsel

COMMITTEE UPDATE & INVITED GUESTS

Budget increase, events for the year. 

Looking for volunteers for committees.  Communication forthcoming

REPORTS

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

-Annual certification by City

HOMEOWNER FORUM

Homeowner #1

What are you going to do about Executive minutes that were posted online?

What happened to the letter we were supposed to get about the budget and fee increase, and comparison of budgets?

Same question as last month.  The house slide suit completed months ago.  What did the community win or lose?

A notice has been drafted and will be sent if board approves it.  Except for the notes regarding executive session.  Lawsuits pending review,

The homeowner said that she thought she said a couple of weeks when the information disclosure was discussed at the last meeting.

HOA response: Chris said the budget and legal disclosures were drafted.

Homeowner:  Without the information we can’t have a discussion with you about the fee increase.  It isn’t fair.

HOA response:  Chris said they could use volunteers on the Management and Finance Committee.

Homeowner #2

You shouldn’t have to be on a committee to get the financial information.  At the last meeting a homeowner on the finance committee didn’t even know if the committee still exists.  At the last meeting you made a point that the purge of volunteers happened years ago, however, you never repaired the damage.  It’s a small community and you can’t afford to kick out people for personal reasons.

Newly planted shrubs & hydroseed are dead.

Agree with homeowner #1 that we should get a line item budget and the lawsuit information.  It was interesting at the last meeting you said that you thought the lawsuit disclosure had already been sent.  At the last meeting you said the HOA received $315,000 for repairs and attorneys.  Since I can’t find it in the budget, how can homeowners have any faith that the money is/was being handled correctly.  How do we know what happened to the money?

You just got our HOA sued because, according to the complaint, you failed to appropriately approve/deny homeowner plans.  Dave Quinsey pushed the board recall, in part, because he said landscape approvals were delayed.

The latest lawsuit states, “…one board member to pirate common area property with a fence move.”  To clarify, Chris Andre moved his fence over the slope easement.  Therefore, unless something has changed, the HOA is irrigating his property.  The CC&Rs prohibit homeowners from entering slope easements so he is violating the rules every time he sets foot there.  The board needs to address it.  You have created a legal mess by failing to deal with it.

Homeowner #3

Is there a date for installation of a retaining wall on Claret/Dracena? 

HOA Response.  There is no date.  Nadine said she forwarded the bids to Ed, but she is focusing on other business. 

The homeowner mentioned that rains will be coming. Will this wait until 2023?  Ed said, no.  He has to make an assessment.

Homeowner said there are still metal spikes by the mailbox.  It’s dangerous and it’s rusty, two inches from the sidewalk.  She said it’s not the only area she’s seen.  Whoever is supposed to be handling them has not done so.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes September 2022

Financial Statement August 2022

Lien Authorization

Approved unanimously

UNFINISHED BUSINESS

Tree Trimming Proposal/s Update

Nadine:  Board requested proposals, maps, and plans.  Atlas will not provide, Harvest lowered the price.  Five on list, Nadine would like to reduce the number of proposals.

Ed is still awaiting the proposals that he looks to put on an Excel spreadsheet for comparison.  Ed said some trees need to be trimmed late in the year.

Nadine said that she will resend all of the proposals at once, versus the previous individual distributions.

NEW BUSINESS

Director Resignation

President Scott Kiefner resigned effective September 8, 2022.  Dave asked if a solicitation/information will be sent to homeowners.  Nadine said that it will be included with the other packet of information to be sent.

Ed asked about qualifications.  Nadine—they must be in good standing, but board should review bylaws.

Selection of Officers

Nadine said that seats will be reorganized given the director’s resignation. 

The board agreed to wait until the new director is chosen.  Chris said that Dave is the vice president, but now is the president.

Architectural Review/Variance Request

6000 Cala Lily variance request, pg 52 of board packet. 

Tom said #10 and #11 weren’t approved, are those the subject of the variance request?

Ed said a tree is being installed near the property line, the glass wall and the retaining wall.  The glass wall should not be attached to the common retaining wall.  How is that being addressed? 

Tom said he doesn’t see what is being requested.

Chris said issues are:

Glass wall touching HOA retaining wall

Patio cover distance to lot

Ed said he wants to get it resolved.  He said they approved the glass wall as long as it’s not touching, and they approved the patio cover.  He said one of the concerns was the overhang from the column.  Ed said the homeowner was hoping to resolve this last month.  Chris said originally the architect didn’t get the plans which caused a delay.

Chris told Nadine that it appears that the variance request wasn’t included in the board packet.  Ed said he should have caught it and apologizes.  Nadine then, during the meeting, forwarded the information via email to the board.

Ed then said the last two documents include the variance request.  Tom said it says the patio post is 6ft from the fence, which leaves open the question of the overhang.  Nadine then tried to contact the architect during the meeting.

Ed said they have to fight to have homeowners undo violations.

Tom said some homeowners want the letter of the law followed, while others want everyone to be able to do everything.

Architect denied the glass wall.  Ed said the wall isn’t supposed to be attached. 

Tom asked if the architect could approve it.  Chris said it was, and he saw the approval.  Tom said he doesn’t see it.  Chris said there are missing documents. 

Chris said that it was in an email to Ed on August 10th.  Ed said it’s hard to keep up with all of the email.  Ed, asked where is the retaining wall in relation to the glass wall?  He asked Tom if he can determine it.  Ed said that they need to see the overhang of the trellis.

Nadine said that the homeowner is requesting an approval providing they meet specified conditions.  Can they do a conditional approval?  Ed said that they don’t want to face forcing a homeowner to remove it.  Ed said they could approve it in the next few days.

Chris made motion to conditionally approve the variance with roof overhang not exceeding 5ft.  

Dave said they sent the plans, but they need to send a variance request.  Nadine said they did. 

Dave said he doesn’t understand how they have a variance request without a drawing.  Ed said he could mark up the document.  Nadine advised against marking up the document. 

Ed and Chris suggested that they meet with the homeowner.  Chris said he’s reluctant to go on another homeowner’s property.  Ed said writing is better anyway, but he said he is willing to meet.  Dave said the key is submitting complete plans.  Ed said the issue wasn’t caught.  Chris said it started when the packet wasn’t sent to the architect.  Ed said he’d mark up the document, and then approve it.  Dave says the majority of the board has to approve the variance.

Nadine recommends approving the variance with conditions, e.g. overhang no closer than 5 ft, glass wall not attached to HOA retaining wall.  Otherwise, they could set up a special meeting. 

O’Connell Contract Increase Notice

Nadine asked if the board had a chance to review it.  January 1, 2023, $20,531 monthly.

Ed asked if it was factored into the recent dues increase.  Nadine, said no, we got it last week.  Dave said a 6% increase sounds reasonable.

Approved unanimously.

O’Connell Triana Street Landscape Improvements

Nadine noted a sparse area around the bench.  $160 was proposed by vendor.

Approved unanimously

Illuminate - Holiday Lighting Installation Date

November 23, installation.  Ed asked if we control when lights are turned on.  Nadine said yes.

Approved unanimously

Homeowner Correspondence

Adjourned 4:11 pm

Next meeting November 3? or the following week?

Ed suggested that they look at the next two meetings.  Tom said they normally don’t have a December meeting.  Nadine—meetings generally first Thursday of the month.  Nadine is off work the previous week.

Next meeting, November 10, 3:00 pm

Special meeting for the variance to be announced.  It requires 4 days notice.  Special meeting November 13 for the variance. 

Adjourned for real 4:17 pm.

Personal Notes, HOA Meeting 09-15-2022

HOA Meeting Notes 09-15-2022 2:30pm

Meeting conducted via teleconference (WebEx)

Directors Present:  Chris Andre, Dave Quinsey, Ed Wenz, Tom Wright

Directors Absent: Scott Kiefner

FirstService Residential

Nadine Bell - Community Manager

Jordan Caccamise – Regional Director

COMMITTEE UPDATE & INVITED GUESTS

Budget increase, events for the year. 

REPORTS

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

-report on file for review

Building Resource Management

Increase to $56.77 Approved unanimously, Chris didn’t respond initially, unclear if he voted.

HOMEOWNER FORUM

Homeowner #1

Is street sweeping done by HOA or City? Response: City

Do you know the schedule?  Ed says there is a sign at the bottom of the hill.  Thursdays.  Check further.  Trash cans left in the street interfere with street sweeping.

When will work for the retaining wall on Dracena/Claret begin?  Can they trim in the meantime?  Plants growing into her fence.  Nadine—we just got two bids today so the board won’t deal with it today. 

Metal rebar is still sticking up, the area looks bad, can something be done?  Ed said that they should be able to keep the sidewalk clear, and that it is their responsibility.

Homeowner #2

She sent a letter with questions:

Fees were raised and she requested an itemized list.  We need to know how it is itemized.  Nadine:  I can send an itemized budget.  Dave asked if they can send a comparison with last year.  Nadine said yes.

Homeowners complain about not being able to attend.  Can we change the time of the meetings for people with careers?  Tom: Any time you change the meeting there are people that have issues.  Tom said that he can’t do evening meetings.  We’re doing the best we can for everyone.  The rumors aren’t true that we are discouraging attendance.  Scott has resigned.  There are only four of us on the board.  Be patient with us.  Maybe we will alternate.

We can’t see what board members are present if their video is not running during the videoconference meeting.  Tom:  There are no perfect answers.  They are willing to entertain,,, Let us know if anyone wants to volunteer for the board.

Lawsuits:  Who won? Who lost? What did it cost?  Tom, asked Nadine if we got it out.  Apparently he was referring to a disclosure.  Nadine said there was some breakdown.  Jordan said they will check with Epsten <law firm>.  Chris said they are switching legal firms.  We’ll get you the information about the budget.  Tried to minimize the budget.  Not trying to hide anything. 

Why weren’t we told about the closure of the cases?  Chris said we had some concerns about our legal counsel.  Two suits have been filed and are active against the HOA. 

Will we know by next month?  Nadine said they would.

Homeowner #3

Finance packet is missing pages.  Some pages are numbered so it is apparent that pages are missing.  Other homeowners reported the same.  The HOA should fix it and resend it.  It costs $2.50 per home, and the HOA shouldn’t have to pay for the expense.  The management company should pay it.

The financial summary says virtually nothing.  We used to get line item reports.  We want to know where our money is going.  For example, utilities are lumped in one number.

RE: Ballo litigation.  She said she’s an attorney.  She has most of the publicly available case information.  We sued them.  The judge allowed the case to go forward.

There was probably some discovery, written questions, documents, statement under oath,

trial on paper, summary judgement.  Ballos won on summary judgement.  Prevailing party can collect costs.  Our CC&Rs provide attorney fees for homeowners who sue and win against the HOA.  Cost Bill—would include motion for attorney fees.  Can’t find that.  Ballos can walk away or settle it.  On 4/21/22 they filed a satisfaction of judgement.  In April, I asked at the meeting what we paid the Ballos and our own attorney fees.  It is very expensive.  When I asked, Scott said that he didn’t remember, but they would draft a letter.  He might not have remembered what we paid our attorney, but the board would have had to have approved payment to the Ballos.  I don’t believe that they don’t remember.  It is being hidden and concealed. 

To Homeowner #2’s point, if they were resolved at the beginning of the year why are we waiting?  You spent our money.  Thank goodness you are getting rid of Bill <attorney> who caused us to spend money.  Does anyone know what we spent?

Jordan:  HOA is not trying to conceal information.

Chris:  We need to give the information.  I don’t know.  Lennar, settled for $315k for repairs to the community.  It provides money to attorneys and to fix items in the community.

Thanks for the information and your time

Homeowner #4

Irrigation is still not operating on either side of our lot.

Recall folks removed the prior board and you kicked everyone off of some committees, including the Design Review Committee.  You got rid of people that knew the rules and did the work, and to this day you suffer the consequences.

Tom Wright responded saying the homeowner is lying about the recall. <Timeline Recall & Committees pdf>  The homeowner asked if he wanted specific names, then he said Dave Quinsey distributed flyers <recall flyer pdf> for the recall.

Chris Andre asked the homeowner how long ago it happened. The homeowner responded “Years.” Chris asked the homeowner if he had a lawsuit.  The homeowner responded that he was not there to talk about the lawsuit and it had nothing to do with who’s on the committee.  Chris said the homeowner’s attorney should be speaking for him.

The homeowner asked if the board or FirstService was responsible for the last minute cancellation announcement of the last meeting.  Nadine said she was responsible and it wouldn’t happen again.

The homeowner said secrecy of the HOA is a problem.  He said the lawsuit expenses and vague budget were already discussed so he wouldn’t repeat.  He cautioned FirstService not to participate in secrecy that violates the Open Meetings Act.  He mentioned that they must have a license, and they risk the HOA suing their company.  He said the HOA recently had an Executive Session meeting with Ian and Nadine of FirstService in attendance.  They discussed topics that appeared appropriate for an Open Session.  A topic called “Legal Item,” was Lennar had informed the board that the undeveloped lots are in escrow.  Another topic called “Legal Item,” was simply the extension of a deadline for a homeowner installing a spa.  Also, in Executive Session they had discussed increasing security patrol’s hours/duties.  Though they have also done that in Open Session at times.  The homeowner said that he got that information from the minutes of the April 7, 2022, Executive Session Board minutes that were posted on the FirstService website.  Jordan Caccamise jumped in and said they have a Board of Directors that represents the community and we should move on to the next person.  Homeowners #2 said that she was on the site and the minutes were in fact there.  She said that it appeared to risk liability because the minutes included a hearing where a homeowner was fined.

Homeowner asked what the process would be for replacing Director Kiefner.  They responded that it is explained in the Governing Documents <i.e. the board will pick the replacement>.  He asked how homeowners would know to volunteer.  They said that they would announce it.

Homeowner #5

Request meeting not be in the afternoon when parents are picking up kids.  Electronic connections aren’t good enough to attend meetings while driving.

RE Lennar disclosure:  Will it show the reason that our reserves are so high.  Excess funds were paid by homeowners early in the development.  Chris: We need some legal advice.  Chris said that Lennar sold off the last lots.  Streets are getting turned over to the City.

Homeowners said she has no expectation that she’ll see a check, but wants an accounting.

RE: Finance Committee:  I’ve been on the Committee for years.  Have we been kicked off the committees? Canceled during covid? Do you want our help?  Tom:  We are always looking for members to be in committees and the board.  You used to be on a bunch of committees.  It is our biggest problem. 

Do we have a committee?  Chris:  It may have been missed.  The most active committee is the Social Committee. 

Homeowner echoed the need to change the time of meetings, and said she wanted to know how Scott would be replaced, but will check the by-laws

Homeowner #6

Thanks Kim, Melissa, and Mike:  A later time for meetings is better.

Homewoner #7

He’s interested in volunteering for the board.  Hasn’t gotten the CC&Rs, though he said he paid about $900.  Nadine and a director said it should have been included with escrow, though Nadine can send it.

Chris said we used to have a welcome committee and maybe we should reactivate it now that COVID has diminished.

Homeowner said that the approved paint colors and other information is not available on the website.

END HOMEOWNER FORUM

Dave Quinsey introduced something that was approved.  <Audio was too poor to understand>

Tree Trimming Proposal/s Update

It was tabled at the last meeting when Ed asked for tree maps.  Nadine said the she has not received them.  Chris said inconsistent timelines and tree maps between proposals didn’t allow comparison.  Ed asked if they had any information.  Nadine sent back one set because they included NorthStar.  The issue was tabled.

O’Connell Pump Motor Replacement, controllers J&K Bella Vista, $2846.  Ed said he hasn’t seen it, and it doesn’t appear in his packet.  Nadine said she’d send him page 50.

Approved unanimously.

O’Connell Common Area Mulch Installation

Ed asked what area that covered, everywhere?

1” layer to focal areas. $1300

Approved

Homeowner Correspondence

Homeowner on Calico, concerned about slope next to his home.  Nadine recommended that the board have it inspected.  Ed said reportedly it is eroding the homeowner’s yard.  Ed said this should be covered by funds from Lennar.  Ed will look at it with Lennar.

Chris Andre rapidly went through some of the budget.  At various times he was referring to the increase, the total, the total per unit, etc.  It was very difficult to transcribe and there appeared to be errors.  Do not rely on the information in the paragraph below, but wait for the promised itemized budget.

$272.58, $8.14 shared assessment.  Total:  Some money comes from shared amenity with NorthStar.

Reserve contributions:  lights, mailboxes, benches, retaining walls etc.  Per unit $26.19

Utilities:  Elec 8.3%  $1.56 per unit

Water $144k.  Water was not part

58.97 total utilities

Land maintenance 7.1% increase

Irrigation repairs

Landscape service, including contract $94.98 per unit.

Landscape enhancement:  $5.18 per unit,

Detention basin:  No increase

Landscape Extras:  combines with above

Land maintenance: $106.29

Common Area: Pest control, lighting repair

storm drain maintenance increased $6000, $3.59 per unit.

Patrol Service:  Security First $21 per unit price.  Intermittent patrol.  Dedicated Fri, Sat, Sun nights.  Dispatch number

Administration (large number of categories):  $58.24  increased %

$11.96 insurance

general counsel $14.35  (could change with lawsuits, again law firm changed.

Management (First Service) $14.30

Operating Contingency went down $3000

Delinquency monitoring

Chris said that the previous meeting notice was an error.  It was fixed.  We are volunteers.

Building Resource Management Notice of Increase.  Nadine noted that on page 65 of the board packet there was a Building Resource Management Notice of Increase.

Building Resource Management - Wire Fence Post Repairs.  Nadine noted that this was on page 67 of the board packet.

Illuminate - Holiday Lighting

Nadine said there are discounts if installed early.

$1729.75 with 15% discount in Nov/Dec

Higher discounts when installed earlier.

Ed said we need to consider when they should be turned on, and we should consider the limitations of the Governing Documents which allow them two weeks before and after the holidays.  Homeowner commented that she thinks those limitations apply to homeowners, not the HOA.

Approved at the above price, date of installation to be determined.

Homeowner commented that $90k seems high for general counsel (lawyer).  She manages other communities and their cost is usually $8k.  She asked if insurance is utilized?

The HOA clarified that the cost for general counsel is $36k, approximately the same amount as the cost of FirstService.

Adjourned 4:35 pm

Next meeting October 6. 

Dave Quinsey said that meeting in person would be less confusing.

Nadine said it might not happen in October.

Nadine said that Tom isn’t available in the evening.  She asked about moving it to 4pm to accommodate people transporting school aged kids.

The meeting date and time will be announced later.

Meeting Canceled Last Minute

Two hours before the meeting was scheduled to begin, the HOA canceled the September 8 meeting because they failed to post the agenda. They could have canceled it days earlier when they were reminded of their failure.

Agenda Not Posted, Anticipate Cancellation of 9/8/2022 meeting.

The HOA didn't post the agendas for the 9/8/2022 meeting, as of this morning, so I anticipate that the meeting will be canceled as the board of directors can't legally do much at an improperly noticed meeting. Unfortunately, we've been through this before.

Personal Notes, HOA Special EMERGENCY Open Session Meeting 08/31/2022

HOA Meeting 08-31-2022

“Special Emergency Open Session”

Property Manager Nadine Bell asked the board if they had reviewed the budget packet. Directors indicated that they had. There was no further discussion and the annual budget was approved.

Nadine announced for homeowners present that the board had approved “17.26% increase.”

FirstService Regional Director Ian Navarro thanked the directors for changing their schedules at the last minute.

Nadine said the next open meeting is scheduled for September 8, at 2:30.

Meeting adjourned.

<Personal comments follow>

California law (see code below) allows emergency meetings for “circumstances that could not have been reasonably foreseen…”

California law also requires that homeowners be allowed to speak at open meetings.

The 17.26% increase is not a typo. There was no explanation, and the attendees might assume that the entire budget increased by that amount.

California Civil Code 4923

An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by Section 4920.

California Civil Code 4925

(b) The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session.

Personal Notes, HOA Meeting 08-04-2022

HOA Meeting Notes 08-04-2022 2:30pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, Ed Wenz, Tom Wright

Directors Absent: Scott Kiefner

FirstService Residential

Nadine Bell - Community Manager

Social Committee Budget Increase Request

The committee did not request a specific amount and did not attend the meeting. The board did not take any action.

REPORTS

Work Order Report

Lighting at monument. Nadine asked if it had been repaired. Wenz said it is still flickering but he will check. Chris said it flickers below the R & A in “Sky Ranch.”

Chris noted that the plants are becoming overgrown there and beginning to obscure the sign. Nadine said that she will relay that to the landscape vendor.

HOMEOWNER FORUM

Homeowner #1 in the area of Cala Lily between Bella Vista and Triana said that last year he complained about bee attracting plants. It creates housing for snakes and bees. His daughter is allergic. He says the bees reside in the tops of the plants. The landscaper lopped off the tops of the plants but it will only work temporarily. He said the bees come over the fence to get water from his pool. He finds 5 to 6 bees in his pool.

He said there is a tree on Bella Vista dropping debris onto his yard.

He said that there is no lighting in the area. He recommended that the HOA get solar lights for the mailbox area. He said they cost $36 at Costco or Amazon. Cars come and hangout in the darkened area. He says people shine headlights to light the mailbox.

Homeowner #2 said that on April 29th the HOA said they would prepare a disclosure for distribution to the membership of the costs and attorney fees paid to the Ballos in the pool slide to the roof case. Some homeowners believe that the HOA intentionally botched the case by failing to file it within 5 years, thereby having it thrown out due to the statute of limitations. “Delaying release of the information will not help you. Hiding your heads in the sand won’t make it go away. Just get it over with and admit the damage you’ve done. The landscape by our house continues to be neglected. Plants are dead and dying, brush is overgrown, and irrigation isn’t working right.”

“Before any rumors get started, I want everyone to know that I don’t believe that the HOA is intentionally neglecting the landscape to provide us further evidence for our lawsuit. Unlike the pool slide case none of the HOA directors are attempting any ‘over the fence’ resolution as Dave Quinsey stated in the pool slide case where he said they were ‘eager to avoid suing our neighbors.’”

A vague item from the Social Committee was placed on the agenda, yet he said he can’t get relevant and detailed items on the agenda, proving that he is treated differently. He also said the tree littering homeowner #1’s yard was one of the many trees planted to hide barren homeowner slopes. He said it was done during a drought, while the HOA failed to address the dying landscape by his home.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes July 2022

Financial Statement June 2022

Investment Recommendations

Approved unanimously, Chris abstained.

UNFINISHED BUSINESS

Tree trimming proposal/s Update: tabled

Four Seasons vendor proposal.

Nadine asked if they saw it. She said it came in yesterday, Tom said he first saw it today.

Nadine said that Jack Rush (O’Connell Landscape Maintenance) was available to discuss tree trimming and irrigation controllers.

Cellular service for the irrigation controllers needs to be updated from 3G to 4G. 5G modems are not available yet. Ed asked if 4G will solve the issues. Jack said he thinks the subscription has not been paid. They need the daily weather information via subscription. Jack wanted Flavio on the line. There was a recurring fee with Rainbird via Richard (former FirstService Property Manager).

Why do we need to upgrade, the modems? Will it solve the current problem? Is it correct that the service has not been reactivated? Flavio responded that the proposal is to upgrade the system. It will come with one year of service. Jack asked if the service lapsed? Flavio said, it expired. Wasn’t it on a credit card? Flavio said, yes, it is on the Internet. After the first year you can pay. Nadine asked if it is a yearly subscription. Flavio said, yes. When did the system expire? I don’t have the date with me. Months ago or years ago? Months ago? Annual fee per controller? I believe it is $150 or something like that. Nadine, asked how many controllers? $1500 (Jack) we’ll get exact numbers. There are 15 controllers.

Dave said that since we installed the system we were promised water savings via rain information and the system making adjustments, but he’s seen no evidence that we are getting that information to the controllers. Jack asked if they could pull water bills and he will show the savings. Dave said he wants to know that it is working as promised. Jack, asked Flavio if there are water consumption reports. Jack asked if there is water flow information. Flavio said yes. Ed said we (board, landscape committee) were told we could access the information, though not make changes. Are you aware of that? Flavio said, that isn’t available on all controllers. He’ll check if it works with our models. Jack asked Flavio, do you have it set for catastrophic flow alert? Flavio said, yes. They explained that it works by the sensing an increase in gallons used.

Chris said it hasn’t worked. Dave also mentioned pipe breaks. Chris said a homeowner at the meeting has alerted them to leaks.

Homeowner#2 interjected that he knows of pipe completely severed, that has been in that condition for months. Jack asked where. The homeowner said he would not say where. Jack said that he’s not playing games. The homeowner said they should inspect the irrigation. Jack said there are miles of irrigation. The homeowner said that they’re supposed to inspect the irrigation and he’s tired of wasting his breath. He said he was informing the board because they are reviewing a system that’s supposed to detect leaks, though he said there would be no flow information if the water is turned off. Nadine speculated that the pipes were related to an issue he reported about an issue on Mirador (at Ruocco). The homeowner said that he has never reported the severed pipe.

The issue was tabled.

O’Connell Landscape Proposal Plant Installation Cul-De-Sac, Claret

Irrigation is acceptable, just need the new plants, 2 types of Bougainvillea.

Jute netting, one gallon plant material, ground cover, and container plants.

Ed asked if the dirt should be taken off-site or returned. Jack said that hauling it offsite would prevent slippage.

Proposal for landscape plant installation $2955 approved.

Claret Street Retaining Wall Proposals:

Nadine wants another proposal. She wants O’Connell to make a bid. She asked if the board reviewed the block color variation in the two block types. Ed against asked whether the proposal was submitted. She said, no. Ed said he would rather review local samples. Chris emphasized the need for consistent color, even if extra block had to be purchased. Ed noted that block installed by the City is different than Lennar installed walls, and Lennar installed two different kinds. Ed said he’d like to match at least one of them. Ed said they could’ve given an estimate with the block as an add-on. Ed said that his preference is to deal with a contractor who does the work themselves, the other directors agreed. Ed says he prefers to avoid buying extra block that has to be stored.

Jack suggested a pre-construction meeting. The goal is to keep irrigation working during the construction. The construction vendor has not been selected yet.

Issue tabled.

Jack said that his tasks are, check pipe breakage, severed pipes, cost of service, map of tree trimming by species.

Chris asked Nadine to compare the tree trimming proposals that vary by specification. It’s not apples to apples. E.g. one trims all of them, another trims some the first year, but others the next year, while another vendor might not plan to trim all of the trees.

NEW BUSINESS

Architectural Review/Variance Request

Nadine said that there are two variance requests.

She had photos for 6000 Cala Lily <Note: There was confusion because Nadine said that she put the 6000 Cala Lily variance request in the board packet twice. She didn’t include the 5174 Iris request, though she said it was in the previous board packet. Tom said, to the effect, “The meeting that I didn’t attend?”>

Ed said that he couldn’t tell where the post is based on the images. He understands the question, but the picture shows the front of the house. Tom said the same, and didn’t see what will go over the post. Tom said the post is 6 ft away (10 ft required), but it isn’t clear what goes over the post and how close it gets to the lot line. He said they’ve approved variances within 5 ft. Ed said that they need a site plan to know where it is.

Chris and Dave had signed the neighbor awareness form but neither of them remembered what goes past the post.

The architect approved everything except the patio cover. Directors asked if the architect had additional information. Nadine requested the info.

5174 Iris Street, they noted the diagram is not to scale, it is hand drawn, and Ed said that he’s surprised that the architect accepted it. Based on the text in the application they compared it to the hand drawn image. The architect rejected it due to setback, hence the need for variance. Tom also had issues understanding the request. Ed said that he wants the variance to be approved by the Design Review Committee to minimize the delay. Chris asked that the homeowner be contacted, and Nadine said yes. Dave said the request for the variance should have included a copy of the plans.

O’Connell Straw Waddle Replacement Claret Street

Ed recommends not taking action until the wall is completed. The wattle won’t be needed if they install the wall. It is the whole purpose. Ed said it got worse when the wattle was installed to comply with the City.

Tom left the meeting.

August 31st, Bravo Three last day of service. Chris said that he ended the contract on a positive note.

Security First seems willing to meet our needs. Chris said they will note RVs. Ed said that the monitoring requirement forces them to go up every street

FirstService Residential Increase

1% increase approved unanimously

Adjourned 4:04 pm

Next Meeting, September 8th

Personal Notes, HOA Meeting 07-07-2022

HOA Meeting Notes 07-07-2022 2:30pm

Meeting conducted via teleconference (WebEx)

<2:34 pm>

<Note: The directors have a packet for the meeting. Frequently, the information was cited rapidly, and the audio was inconsistent, so there might be inaccuracies. Generally, if the information is not reasonably clear it is excluded from these notes. Sometimes the official minutes have more information. In this meeting the discussions blurred between topics making it difficult to follow. The property manager was citing agenda items by letter, while the distributed agenda listed the items by number. Some expenses were approved, but the costs were not stated.>

Directors Present: Chris Andre, Dave Quinsey, Ed Wenz

Directors Absent: Scott Kiefner, Tom Wright

FirstService Residential

Nadine Bell - Community Manager

Ian Navarro, Regional Director

REPORTS

Work Order Report on page 12 if questions - per Bell

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

Nadine mentioned committee meeting notes for the board.

HOMEOWNER FORUM

#1 The July 4th closure of the mountain again seemed to limit the trouble makers who used to come here and throw debris and ignite fireworks on the holiday.

People should know that directors on this board worked to remove the prior directors, and they kicked volunteers off committees once the board was removed. The people they targeted promptly reviewed homeowner plans, and one tried to draw attention to poorly managed landscape.

There is minimal oversight of contractors. The board chooses to pay for only one DRIVE-THROUGH inspection by FirstService per month. You can’t manage the landscape from a car. The landscape contract is inadequate, yet the board fails to ensure that even the work paid for by contract is completed.

In response to my request for the legal costs and attorney fees for the Ballo pool slide case, FirstService sent me an email on April 29, 2022, stating, “The associations counsel will be preparing a disclosure for distribution to the membership.” It has been over two months. What is causing the delay? <No comment from the HOA>

The Sky Ranch Community Association is a corporation with fiduciary responsibilities to the homeowners. We are entitled to know how our money is spent, even if it embarrasses the directors. You will provide the information, or you will incur further legal costs and provide the information. You repeatedly lied when you said you would inform the community of the settlement of the Lennar case that you lost. We won’t tolerate it again regarding information that we are entitled to.

The HOA, under pressure from the City, spent tens of thousands of dollars on hydroseeding to restore large areas of landscape that the HOA neglected. However, the HOA has failed to irrigate it properly and most of it appears dead or dying. Where the irrigation operates, it hasn’t run sufficiently. This photo shows hydroseed being sprayed in October 2021.

This photo of the same area was taken July 3, 2022, shortly after the irrigation ran. Notice the large area where the irrigation doesn’t reach.

#2 Claret hill and where it wraps around Dracena should be included in the new landscape. Ed described what it covers which includes part of Dracena. (Directors allowed the homeowner to comment at the end of the meeting due to technical difficulties she encoutered earlier)

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes May 2022

Financial Statement May 2022

Investment Recommendations

Association Reserves - Reserve Study

Chris Andre abstained from Investment Recommendations so there wasn’t quorum <note: Three directors are required, but only two were present and willing to vote on this topic.> Nadine said the financial instrument was maturing. Ian asked about whether they want to reinvest. Nadine says that it doesn’t say on the document that she has. Ian told her to call “them.” Ian asked when it matures, Nadine said, today.

Chris commented about tabling the item.

The other items were approved without discussion.

UNFINISHED BUSINESS

Tree trimming proposals.

$15,352 O’Connell, 431 trees

$20,530 A+, 174 trees

$32,000, Atlas, 281 trees

$39,000, Harvest, 430 trees

Ed said NorthStar had good results for less cost. Their contractor provided a map of the work/trees. Ed asked if O’Connell provided a map of the trees and the schedule of which trees need to be trimmed.

Ed said the proposals aren’t clear. Chris said the proposals aren’t in the board packet. Nadine said that she excluded the proposals because they were too large. Wenz questioned the details about the work to be performed e.g. multi-year, how many times per year etc.

Nadine said that tree trimming isn’t in the budget and will have to wait. Wenz volunteered to work on the plan for the contractors. He said there isn’t enough information to make a decision and they aren’t bidding “apples to apples.” He said he has experience dealing with contractors. Ian Navarro said that the vendors should come to the site. Nadine will provide further information for the directions to use. Ed said they should break it down by type of tree and size, does it need to be maintained annually, every two years etc.

Item tabled.

O’Connell Controller Upgrade Proposal:

$9k to update to 4G equipment of irrigation “smart” controllers. Dave said we never got what was promised when they were first installed. He asked if this will this provide detailed information about weather, humidity etc. Ian said that O’Connell did it in another community and it only updated the communication equipment.

Dave wants assurance that the system functions as promised. Ian said it will be the same system, with upgraded communications. Chris said that we never received real-time information. People have reported leaks and the system is supposed to shut it down, but it doesn’t. Dave said, that’s what we were promised, but it has never done it. Chris said, based on water bills, that it waters even more than it did in the past with the old system. Chris reiterated, to the effect “Why should we spend nine thousand dollars more for a system that doesn’t work.” Wenz asked Ian if the other community had the same system as Sky Ranch. Ian said he’ll need to find what kind of system we have.

Dave asked about in-person meetings.

Ed said the in-person meetings had better communication, though video conference is more convenient, provided we can access NorthStar.

There is apparently an issue with shared costs with NorthStar which might impact the availability, though Nadine said they have access. They mentioned that Jeff Barnes is no longer president of the NorthStar HOA

Ed said he is OK with either type of meeting. Dave said that he prefers in-person meetings.

Irrigation controller item tabled until the next meeting.

NEW BUSINESS

Architectural Review / Variance Request:

5174 Iris

Nadine said it is on page 53-54. Patio slab, variance for less than 10 ft setback. New aluminum pergola patio cover. The plan doesn’t discern between the slab, posts, and pergola. Need a plot for the lot. Wenz asked if it went through the architect yet. Nadine said, no. Ed said that the architect would review and request documents if necessary, which would be available to the board. Item tabled.

6000 Cala Lily, page 58-59, patio support posts within the 10ft setback. Ed asked, and Nadine responded, that it was not submitted to the architect. Ed said, the architect will provide documentation. Solar is the only exception, otherwise every thing goes through the architect. He said solar conduit must match the color of the house. Chris said that the drawings on this set of plans have more detail than the above proposal. Ed reiterated and Chris agreed that the plans need to go through the process and go through the architect. Item tabled.

Ed said pavers going to the slope line is very different than a structure going to a slope line, while explaining the need to detailed plans.

Chris said that the plans should be reviewed by the Design Review Committee before it goes to the board.

Acme Safety & Supply Signage:

Approved to pay $250 for July 4th closure signage.

Bravo 3 Patrol Service for July 4th closure: Approved $2160. Ed said that since we already received the service we should approve to pay.

Ballot Box - Inspector of Elections.

Dave asked for what? Nadie said the annual meeting? Ian said it would be a good time to involve community input, if desired, if no election is being held at the annual meeting of membership.

Approved. <The cost wasn’t stated.>

Patrol Company Proposals:

Security First: intermittent patrols and dedicated patrols. $4k month with annual plan, $4290 per month on a monthly basis, three month trial $4389 per month, including $99 phone service.

San Diego Patrol: $2152 dedicated patrol, $1895 intermittent patrol, $4247 total. <The information was stated quickly and the total doesn’t match the sum of the two. The error could be from the source or the note taker>.

Bravo Three: Chris noted that the cost is much higher. <There was cross talk and it was too fast to take notes, and the numbers I noted aren’t reliable.>

Ed asked if any of them identify illegal parking e.g. campers.

Chris responded, Bravo 3 yes, Security First, yes, San Diego patrol unknown

Ed said that he sees more Sheriff’s vehicles than security patrols. He is concerned that all streets are patrolled. Ed said he hopes that patrolling each street is already in the current scope of work. A brief discussion ensued about tracking service. Ed said somebody “monkeyed” with the photos and it caused him to lose trust with the contractor.

Nadine asked if any of the contractors should attend the meeting. Ed asked Chris for input. Chris said he likes the Security First proposal which is more formal. The San Diego Patrol proposal was one page. Chris favored Security First and their ability to track RV parking. Travel time to the community for each company was discussed. Ed noted the advantage of a three month trial which sets the precedent for the service provided. A 30 day notice would be required to end the current service.

The board opened the discussion for non-director participant ideas/experience.

Homeowner #1: Can’t keep up with the details of the costs in this meeting to comment on specifics. Directors asked questions. Yes, homeowner in favor of patrol. No, don’t recall seeing them on our street, though they might patrol at later hours. When calling the contractor about incidents the homeowner generally didn’t observe the contractor driving by to deal with the miscreants.

Homeowner #2: Yes, in favor of patrol and cameras, but not fully confident in the current contractor. Directors commented that they weren’t addressing cameras at the moment.

Chris motion to try Security First $4389 per month, 3 month trial. Ed 2nd, then approved.

A 30 day notice will be required for the current contractor. Chris wants to end the contract on a positive note. Ed and Dave thanked Chris for all the work on this.

O’Connell Bella Vista at Iris Landscape Enhancement Proposal:

Planting Red Carpet Rose and Myoporum

Approved <No cost stated>

O’Connell Ruocco at Mirador Plant Replenishment:

10 Myoporum and mulch. Nadine said that Google photos show that it used to appear more lush. Ed asked if there is irrigation there. Nadine said yes, and that a controller leak was repaired. Approved. <No cost stated>

O’Connell Replenish Bougainvillea Bella Vista

2- Bougainvillea replacement $292, Bella Vista, approved.

O’Connell Landscape Proposal Plant Installation Cul-De-Sac, Claret St:

Claret cul-de-sac, plants and irrigation repair. Ed noted that there are a lot of tentacles involved with the issue. Tabled.

O’Connell fuel surcharge. No action required, for awareness only.

Claret Street Retaining Wall Proposals:

The contractor couldn’t get access to the matching material. Prior approval from the City of Santee will be required. Ed said that they need images of the two possible replacements, Country Manor (500 pieces, unknown cost) and Keystone (800 pieces $8900). He said he is willing to go to RCP to look at samples. <Bid costs not stated.>

Nadine will get photos and cost.

Chris noted level 2 drought restrictions. Water will be reduced to 3 days per week from 4 to 5 days. The number of minutes will be increased.

Next meeting mentioned, but a date and time were not stated.

Adjourned 4:08 pm

Personal Notes, HOA Meeting 05-05-2022

HOA Meeting Notes 05-05-2022

Meeting conducted via teleconference (WebEx)

2:34 pm

Directors Present: Chris Andre, Scott Kiefner, Dave Quinsey, Ed Wenz, Tom Wright

Directors Absent:

FirstService Residential

Nadine Bell - Community Manager

Committee Update

Wright is leaving some committees, but will remain on the board.

REPORTS

Work Order Report

-trash removal

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

No discussion of the above reports

HOMEOWNER FORUM

Homeowner #1

RE: Ballo litigation:

How much did we (HOA) spend in attorney fees and costs for our attorney?

Ballo’s should/could have filed a motion for fees and costs. They would have been foolish to give up fees. This tells me the HOA settled with them. If the HOA settled the attorney fees, how much did we pay to the Ballos?

Scott said that a disclosure is being prepared so the HOA can make the required disclosure.

Homeowner #2

When the HOA asked for volunteers I walked ditches for maintenance to be done at closeout with Lennar. I was on the Design Review Committee as a volunteer. That was when we reviewed plans every 2 weeks when necessary. <In fact, it was weekly at times>

Now homeowners wait years and beg for their deposits back. This recall board kicked me off the Design Review Committee along with a lawyer and a professional landscaper. They kicked the professional landscaper off the landscape committee. They kicked the lawyer, who is now the President of the San Diego County Bar Association, off the legal committee. You then refused my assistance to help with the landscape contractor. We pay $19,640 monthly for landscape. Why doesn’t anyone make them perform all of the work of the contract? Examples, brush clearing, irrigation maintenance, clear weed from fences etc. Nadine responded by saying, “Send me what you have.”

END HOMEOWNER FORUM

Consent calendar minutes and financial statements approved unanimously; no discussion.

Petra Proposal:

It’s already been handled.

O’Connell Landscape Tree Trimming Plan/Proposal:

431 trees, cost “north of” $15,000

Nadine put out requests for three additional bids.

Ed asked if an arborist would be involved? Is it typical? Nadine said, yes, and that all the bids include an onsite arborist.

Scott asked about tree trimming in the landscape contract. Nadine said that contracts usually include only limited height trimming, e.g. what they can reach with a pole

Ed said that many of the trees have never been cut back, so it isn’t necessarily an annual maintenance task.

Architectural Review/Variance Request:

7066 Mariposa

Patio cover on the back, otherwise compliant, request variance for 5 ft setback on one side. Need the variance because of the placement of the pool.

Ed motion to approve, Tom second, approved unanimously.

Scott abstain

Homeowner Correspondence:

Scott encouraged the board members to understand what the homeowners are communicating to them.

Next meeting, Thursday June 2. No time given.

Personal Notes, HOA Meeting 04-07-2022

HOA Meeting Notes 04-07-2022

Meeting conducted via teleconference (WebEx)

<2:33 pm>

Directors Present:  Chris Andre, Scott Kiefner, Dave Quinsey, Ed Wenz, Tom Wright

FirstService Residential

Nadine Bell - Community Manager

FirstService Residential Regional Director Ian Navarro

 REPORTS

“Easter Egg deal” nothing <2:35 pm>

Tacos in the Park, on budget <2:35 pm>

Work Order Report, page 8

Landscape Walkthrough/Punchlist <2:36 pm>

Storm Water Inspection Reports <2:38 pm>

Ed Wenz asked if there is anything on Lot P <Claret cul-de-sac HOA landscape area>.

Scott said it is in the proposal. <to be discussed>

Ed asked about the retaining wall on Claret.

Scott said it should be on the agenda.

Nadine said rock is on the agenda.

Regarding the Storm Water Inspection Report, the straw wattle was removed and drains cleaned.

HOMEOWNER FORUM

Homeowner said that many trees in the community need to be trimmed to be in compliance with code.  The HOA is required to maintain the landscape includes replacement of plants.  Where feasible trees should be trimmed rather than removed.  Many trees on Calico, Sevilla, and Mariposa, for example, need to be trimmed.  In some cases canopies are touching.  “Are you going to cut them all down or trim them?  Of course you need to trim them.”  You should do the same with the trees on Mirador which are further apart than the others mentioned.  Recommend that you don’t treat us differently.

He said we were told that the board was going to discuss this, but it isn’t on the agenda.  But the agenda is so unclear that Ed can’t tell what is on agenda for discussion.  The homeowner said that he knows some homeowners that wanted to comment on the topic, but it isn’t on the agenda and they had to work.  “Congratulations on using the 2:30 meeting time to minimize homeowner participation.”

Scott said that it was a mistake and they haven’t planned to remove the trees.  He thanked the homeowner for sending them a detailed submission about the topic.

END HOMEOWNER FORUM  <2:43 pm>

Minutes approved <2:44 pm>

Calico and Sevilla issue tabled.

Merrill Lynch Recommendation

Staggered/laddered CDs proposal approved.

O’Connell Landscape Proposal Hydroseeding Proposal

Quote #1043,  Area by lots 159, 160, 161   Trimming native species, brush management. $5725

Replaces previous quote.

Tree trimming quotes forthcoming.

Trees tagged for removal have been removed from the list.

Replace rotors for the 2nd time.

O’Connell Landscape Proposals:

Quote #0448, replaces quote #9379, irrigated Zone #1, and replaces landscape to original.  Cost “thirty six eighty five zero four.”

Approved unanimously.

Quote #0831, Sevilla slope.  Engineer D-Max looked at the slope and recommended adding plant material and straw wattle.  Cost $424  Approved unanimously

 Quote #0536, End of Claret, 25 one gallon plants and 3 yards of mulch.  Issue with a lot of activity in the area, kids playing in the area.  Ed recommended filling the area with Bougainvillea.  Ed recommended tabling the topic, and he suggested planting something to deter activity in the area.  He said they need to talk to the homeowners about the activity.

The item was tabled by unanimous vote.

Quote #0806, Triana and Monticello, adding plant materials in narrow areas, cost $284.  Approved unanimously.

Quote #0736, near mailboxes on Claret, boulders on slope and plant materials.  Engineer felt that boulders and plant materials would be sufficient.  Ed proposes RCP Block with cap instead.  Then Ed said, the same block as around the mailboxes.  He said boulders won’t work, need quotes for block wall, then add plant material.  The item was tabled by unanimous vote.  Nadie will get quotes or work through O’Connell.  Ed will attend when contractors come to the site to bid.

Quote #0242, Replace Rainbird Controllers that adjust to rainfall.  It will be an upgrade of 3G <wireless> equipment to 4G <wireless> equipment. Ed asked if there was an option for 5G.  The contractor said that they should use 4G, as 5G is new and not working properly yet.  Scott said that everything is now automated. Cost $9000.  Tabled by unanimous vote.

Architectural Review/Variance Request, tabled by Scott.

 Homeowner Correspondence

Scott said that there was a lot of correspondence from homeowners regarding trees.  He told directors to read it.  He said there were several pages.

Next meeting, May 5.

Adjourned 3:15pm

Reconvene to finish Executive Session

 Chris asked if the volunteer trees can be relocated.  Nadine said they can’t be relocated.  <3:16pm>

Personal Notes, HOA Meeting 02/17/2022

HOA Meeting Notes 02-17-2022

Meeting conducted via teleconference (WebEx)

2:30 pm

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre, Tom Wright

Directors Absent: Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

FirstService Residential Regional Director Ian Navarro

REPORTS

Work Order Report

Pg 6. Oconnell was called a removed some debris.

Landscape Walkthrough/Punchlist

Pg 8 of packet. Proposals appear later

No discussion

HOMEOWNER FORUM

Homeowner: Scott, I talked to you when I moved in and you were helpful. Thanks to the board. I love the community. It my first time in a meeting. Summer 2020, submitted plans for balcony and BBQ, at 2 months and begging, it was denied. It turned out the architect failed to look at the professional plans I paid for. By the time it was approved I needed a new contractor. June 2021, they asked for photos for the notice of completion. It wasn’t finished because of the delays, so in August Chelsey Chapman said she would circle back, but I didn’t hear from her or Richard Ford. I reached out to both of them but didn’t hear back. In November 2021 they contacted me about not having completed the project. I hadn’t completed because they hadn’t responded to tell me what the photos should be submitted. In February 2022 I received notice, but it didn’t specify the work that was completed. She got a letter this week that specified what was completed. She is still waiting for her $300 deposit.

Why are we using this company <FirstService>. They are not thorough, they don’t communicate, they make excuses.

Scott said that there was a lot of turnover at FirstService. Ian said they have a new supervisor and more people assigned to the review team

FirstService employees say they are filling in, working at home, a new employee etc. This project was frustrating.

Scott said they went through some bumpy times and are monitoring it.

Homeowner: Thank you for your work.

Was there any follow up with the mailbox in front of my house?

Drainage area in front of the house. It was marked for repair. I was told it would happen in January. It will involve tearing up concrete at the end of my driveway. Scott replied that he spoke with the postmaster who said it isn’t easy to move mailboxes, but they usually only move them when it’s a danger to mail carriers. Postmaster Culler or Cullier. Would you be willing to allow me to go along. Scott recommends that she contact the City regarding the repairs. There is no date for turnover of the streets.

Chris said that the mailbox move was the responsibility of Lennar, and she might want to tell the City that the mailbox location is a hazard, before the streets are turned over.

Homeowner: New homeowners should know that these are standard excuses by the HOA for FirstService and Landscapers. Examples, High turnover, new employee, new manager etc.

It’s good to see a few landscape items on the agenda. Too bad it took a few years of City violation notices and fines to get you to fix the landscape you neglected. We need you to fix the landscape to prevent erosion, fire hazards, and improve the appearance that we pay for.

You actually put a couple of details in the agenda. Too bad it took a lawsuit over the Open Meetings act to get you to do it.

You continue to make false statements, but I get some sad sick amusement at hearing your creative ways of lying.

You said for years that you would explain the results of the settlement from when you sued Lennar. But you didn’t tell the community what happened, though we homeowners paid for that lawsuit. I have to wonder the value system of people who don’t tell the truth. I wonder how they justify it to themselves.

Some homeowners asked that the HOA meetings be held in the evening, like they were before. Scott had said that more homeowners started attending when the meeting was moved to 2:30 in the afternoon. However, you conveniently neglected to say that when you moved the meetings to 2:30 that you also made them video conference. You also neglect to say that when the board meets in person in Executive Session, you do it in the evening. Then you laughably tell homeowners that you value their input. Amazing.

END HOMEOWNER FORUM 2:52 pm

CONSENT CALENDAR

Approval of Minutes January 2022

Financial Statement December 2021

Approved with no discussion 2:53 pm

NEW BUSINESS 2:53pm

VDLA Landscape Architect Brush Management Recommendation

O’Connell Landscape Proposal For Zone 1 & 2 Brush Management

City met with O’Connell, regarding Lot L, Lot 159-161. There was concern about the slope.

Proposal to fix this area, #19784, Clear out native species in that area, remove some trees, apply hydroseed $13,946.

Quinsey questioned the necessity of hydroseed there at a cost of $5980, that seems high. Scott said that the landscape architect met with the City which said it was necessary.

Approved unanimously 2:56pm

O’Connell Landscape Proposal Install Lantana at the End of Ocotillo

pg 89. End of Ocotillo. $823, add Lantana.

Approved unanimously, 2:58pm

O’Connell Landscape Proposal Plant/Mulch Install on Bella Vista

Scott says he didn’t see this proposal in the packet. She says it was $1349, and she can send it. Chris also said it doesn’t appear in the packet.

Issue tabled 2:59pm

O’Connell Landscape Proposal Valve Box Replacement on Mirador

$375 to fix/replace valve boxes on Mirador

Approved unanimously 3:00 pm

Petra Geo Sciences Proposal

3001 Calico. Concern about the slope. Had an issue getting an engineer to look at it. There is rodent damage.

pg $2925 to get a report and some work.

Scott said he would like to talk to the vendor first, though the vendor said it would not be a problem.

Tabled for further discussion. Petra says the issue is coming from the homeowner side and they need to contain the water on their property.

Scott wants Ed to review.

Chris said all water is supposed to run off into the street.

Scott said that’s what the engineer said.

Tabled 3:03 pm with no vote

Architectural Review/Variance Request

Not ready yet. Tabled 3:03 pm with no vote

Shared Cost Area Budget/Reconciliation Approval 3:03 pm

<Nadine rattled off the budget numbers too fast to note.>

Scott asked if NorthStar owed us. She says yes.

Cost share area with its own reserves re: the entrance and up to the pool. They pay us during the year, and it is reconciled at the end of the year.

Send to Northstar.

Approved unanimously 3:06pm

Funds Transfer Authorization

Lots of additional expenses, primarily insurance. Went to monthly plan because they didn’t have sufficient funds in the account.

Need to move $60,000

Approved unanimously 3:08 pm

Next Board Meeting

Thursday, March 17, 2022, at 2:30pm

Personal Notes, HOA Meeting 01-27-2022

HOA Meeting Notes 01-27-2022

Meeting conducted via teleconference (WebEx)

2:42pm

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre, Ed Wenz

Directors Absent: Tom Wright

FirstService Residential

Nadine Bell - Community Manager

FirstService Residential Regional Director Ian Navarro

Committee Update & Invited Guests

Scott asked if there were any questions. None. He said they are going a great job.

Reports:

Work Order Report:

Said there are several report

Landscape Walkthrough/Punchlist

Stormwater Inspection Report

Inlets being checked. This new company is checking them.

Scott asked if there were questions or comments. None.

Crews sent from O’Connell, more attention to trash. Asked to go through whole community. Started on the 20th. Street lights remain under control of Lennar until turned over to the City

HOMEOWNER FORUM

Homeowner talked about mailbox in front of her house. It was supposed to be moved after her house was built. There is no parking. Other homeowners block her driveway. Can the board help with this? Scott asked about Lennar. Amber said she was told it would be moved. It was placed there because of limitations during construction and was supposed to be moved. Scott said it is on the agenda and he will look into it.

Homeowner lives on Ocotillo. Kids at night loiter and smoke, throw trash etc. He picks up the trash rather than waiting for landscapers because the trash blows down the hill. He noticed the efforts made on Morella.

He suggested a more holistic approach. If Morella is taken, they go up Mariposa and throw their trash there. He has spoken to a number of them. Can we increase security patrols Fri-Sat-Sun night. Scott said his item is on the agenda.

Homeowner asked if the matter of the Ballo lawsuit been resolved. Where can I get the information? Scott said it is between the parties and won’t be discussed in Open Session.

Homeowner referred to the prior speaker who asked if the lawsuit is resolved. I’m not sure it is confidential. For all the things that the directors haven’t taken action on, it amazes me that you sued after the statue of limitations. She said that perhaps a new lawyer is needed.

Homeowners suggested another suitable time for meeting because it’s hard to make these 2:30 meetings. Scott: We’ve had more participation at this time.

Homeowner said, O’Connell landscape contract costs $18,534 monthly. Will you simply pay more without ensuring the do the work already required in the contract? Irrigation boxes were broken from November 18, and remained so as of January 25, with the same trash still by them. Plants are supposed to be cleared 18” from the fence, but they aren’t by my fence. Landscapers blow debris between the straw wattle and our fence so we have to clear it. Vegetation blocks sprinklers by our house. Sumac exceeds the height specified by the fire department. You said you were going to address rebar sticking up from straw wattle at Dracena/Claret. It didn’t occur to anyone to address it at other locations such as Calico and Mirador? Lot by our house is mostly weeds.

The most frequent type of lie by the board and FirstService is “We’ll get back to you on that.”

You said you would inform us what happened with the settlement in the case where you sued Lennar. It’s been two years since the case was settled. Don’t you think that’s enough time to consider your broken promise a lie? If you don’t provide the information by the next meeting, you are liars. The case must have been handled poorly. Did you file that one too late too.

Homeowner referred to the prior speaker’s question and said it is public information that the Ballo case was dismissed. Homeowners shouldn’t have to pay the legal costs for them because you waited over 5 years to file the lawsuit about the pool slide house. It illustrates another type of lie by the board where you say how long lawsuits take. Well yeah, if you haven’t filed it. You shouldn’t delay lawsuits or other enforcement to help your buddies or for any other non-legal reason. If your lawyer caused you to delay then maybe you need a new lawyer. If you delayed then shame on you.

END HOMEOWNER FORUM

Consent Calendar

Minutes: no comments. Scott abstained, not at the meeting. Otherwise Approved unanimously.

November 21 financials approved without discussion

Lien Approval $1787 (?), approved without discussion. No other number provided

Van Dyke Landscape & Pauma landscape met. See recommendations and meeting recap by O’Connell pg 92-95 in packet. Chris added that some of the concerns brought up about valve covers is included.

O’Connell Contract $19,460, increase of $900, for 2022. Scott said it looks like a standard increase. Scott asked if there was a motion to approve or deny? Chris asked if the landscape committee has thoughts on how long it is taking them to complete work e.g. the valve covers mentioned. Chris said it is taking a long time for items to be done because of the delays including having to wait for items to be approved at the meeting. Scott says homeowners have complimented them on improvements. Scott said landscape walks should be easier with COVID lessening. Scott says they will be able to do a better job of holding them accountable. Chris asked if will we still have a 30 day cancellation clause? Scott said that it is not a new contract. Ian Navarro said it is a rate adjustment not a change in the contract. Scott asked if this is typical. Navarro said they are typically increased annually, but more, especially now. Several comments were made about the minimum wage. Chris said it seems the increase is reasonable, but responsiveness is an issue. Scott said they had management changes and communication should improve. Motion to approve, by Chris. Bell said there is a method to track. Scott says they respond quickly to him. He said they communicated when some things were not completed as fast as they liked. Motion approved unanimously.

O’Connell Clean Up Proposal, going up Morella on the left. That property belongs to Lennar. Scott asked Nadine to work with Lennar.

Homeowner Correspondence

Mailboxes: Scott said they addressed it. He’ll look into it

Correspondence from homeowner, pictures of trash, cigarettes, debris from people parking. Scott questioned about what can be done about security. Scott says maybe security needs to be increased. He said Chris and Tom have made calls. Scott said they can look at cameras though he doesn’t know how well it would work. Scott also asked about Neighborhood Watch which Chris worked on previously. Scott said the streets will be turned over to the City in the future and it needs to be taken into consideration

Chris said Melissa J. initiated neighborhood watch. Eventually participation dropped. Melissa said she did start it, but at the time someone shot and killed an African American kid. Because she was on the board the directors decided she should turn it over to someone else. She believes it was turned over to Paula B.

Chris says it’s a nice idea, but it can die off from lack of homeowner participation. Chris said the cameras by Flock Security were presented. Rental cameras for the year or two years, video capture, license plate capture, make the information available to Sheriff.

Community patrol: used to be an onsite dedicated security patrol with a marked vehicle. Now they are here intermittently at night. Perhaps evenings on Fri,Sat dedicated patrol would be helpful. The streets were private at the time. There will be fewer limitations once the streets become public. Morella will still be a private street. Trails are also private. Homeowners may also call the Sheriff. Community says the Sheriff often doesn’t respond in time which wouldn’t be an issue with dedicated patrol. People have suggested a gate but there are hurdles including the City and NorthStar. He said the City suggested that we wait. There would be an assessment to pay for the park. Chris suggested that they conduct another survey of the community regarding cameras, security patrol, and gate. Homeowner said that the HOA would have to pay for streets and lighting. He said the Sheriff doesn’t prioritize loitering. He said they don’t know what is private. He said they will not prioritize loitering and trash throwing. He said he has asked about 50 people to leave when smoking pot and throwing trash. He said when they leave he doesn’t see the same people coming back. He said that over time they get the word that it’s not a good place to hang out. He said it is a matter of conditioning. He said security can provide the same conditioning, and building a reputation that this isn’t a place to hang out. He said security at night on Friday, Saturday, and Sunday evening to 1 am would help. He said it is about being persistent, present, and in their face. He said at least try it for a year, but it doesn’t have to be permanent. You put those barriers on Morella, so they drive up the street to park on Mariposa.

Homeowner2 suggested permit parking. Need to meet with the City to get their cooperation. It would also help with the shuttle parking on Calico.

Homeowner1: <permit parking> it is moot, people would have to contact the Sheriff

Homeowner2: Permit parking would allow the Sheriff to issue tickets. It’s better than homeowners risking their safety to confront troublemakers. The City, Sheriff, everyone knows their limitations. We’ve dealt with them. They can’t enforce infractions e.g. parking on private streets. To get a better response report crime e.g. public drug use

Scott: Nadine, put cameras on the next agenda. Chris, please continue working on it. Does anyone have time to go to the City to ask about permit parking, perhaps for some areas. Scott has reservations about permits. He has guests and kids, though he understands guest permits could be used.

Homeowner1 agreed to approach the City.

Homeowner2: Said that they tried it in the past but the City Engineer said the HOA needed to approach them. Keep in mind that is one person and approaches can change.

Next Meeting Feb 17, Thurs, 2:30

Personal Notes, HOA Meeting 12-16-2021

HOA Meeting Notes 12-16-2021

Meeting conducted via teleconference (WebEx)

Directors Present: Dave Quinsey, Chris Andre, Ed Wenz

Directors Absent: Scott Kiefner, Tom Wright

FirstService Residential:

-Nadine Bell - Community Manager

-Ian Navarro – Regional Director

REPORTS

Management Report

Work Order Report

Landscape Walkthrough

Stormwater Inspection Report

There was a discussion about children destroying landscape on Claret, for example using full sized shovels. Comments were made such as kids aren’t behaving well and the parents aren’t controlling them. Ian Navarro said that the directors should not deal with the homeowners privately. He said that they should consider if they are violations of HOA rules and pursue it via formal procedures.

Ed said it would be helpful if he could access homeowner project records himself, rather than requesting through FirstService.

HOMEOWNER FORUM

You have still not brought the fuel modification zones (fire zones) into compliance. The most egregious violations are near our home. You are violating the law as well as not complying with our own CC&Rs which provides a map of these zones.

As expected at the last meeting, you hid many things from the community, for example, the City Notice to Comply, and that you, via your contractor, falsely told the City that the brush clearance had been completed and that the capped sprinklers had been fixed.

The City contacted FirstService to meet with them here in Sky Ranch so they could show you what needs to be done, particularly for the fire zones. I stumbled on the meeting by chance. However, FirstService didn’t show up. HOA response: Chris and Nadine said that the meeting has been rescheduled to Wednesday the 22nd.

At the last meeting the board asked that we not disclose the cost of security service at Sky Ranch. That shows the fundamental disregard of the Open Meetings Act. Contract negotiations may be held privately. That’s NEGOTIATIONS. The cost of all services is supposed to be available to all homeowners. HOA response: Chris said that the homeowners are entitled to know the costs, but those costs are being put on the internet. He said it can impact negotiations.

END HOMEOWNER FORUM

Consent Calendar A&B approved unanimously with no board discussion.

BRM increase from $1152 per month to $1238 effective January 22.

The directors characterized it as typical inflation. They considered delaying the decision until Scott and Tom were present, but then they won’t meet the renewal deadline. Approved unanimously

Insurance renewal: $33k reduced to $31k

Chris said that the cost decreased, yet property coverage increased slightly.

Approved unanimously

Landscape Enhancement Proposals—Nadine couldn’t find them.

Chris: Dracena & Claret?

Ian: That’s my recollection

Personal Notes, HOA meeting 11-18-2021

HOA Meeting Notes 11-18-2021

Meeting conducted via teleconference (Zoom)

2:35pm

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre, Ed Wenz, Tom Wright

FirstService Residential:

Ian Navarro, Regional Director

Nadine Bell, Community Manager

nadine.bell@fsresidential.com

<Note: Despite a request, the HOA declined to state who was present so attendance is based on observation of the video and names listed in the Zoom application.>

REPORTS

Management Report

Work Order Report

Landscape Walkthrough

No discussion of reports, all approved unanimously.

HOMEOWNER FORUM

Do you have an update on the Claret Dracena hill? Scott said no, they have to look at it. Scott said that they are aware of it. He asked if kids were near it because they shouldn’t be. She said that it’s not just the plant material. Straw wattle continues to migrate. The bark mulch is now on the sidewalk. Rebar was not bent over, but sticks up and may hurt someone. Rusty metal rebar like that is dangerous. Scott said the slope was “on his radar” but not the rebar. Some of the old rebar is there, but has been covered. Ian Navarro said that they had a person injured by that rebar in another community, and said they can submit an order to the landscape contractor.

Calico Street rebar punji sticks.

Homeowner said we’re always told we’ll get an explanation, but there is never follow-up. We have not been told why neither FirstService nor the Board ensures that an email is sent to homeowners when meetings are canceled at the last minute, as happened in July. Homeowners are needlessly left waiting for meetings to start though the meetings are abandoned at the last minute.

Expect you will continue to hide information from the homeowners.

We still await the result of the settlement with Lennar after you sued them.

Homeowner said we’re always told we’ll get an explanation, but there is never follow-up. We have not been told why neither FirstService nor the Board send an email to homeowners when meetings are canceled at the last minute, as happened in July. Homeowners are needlessly left waiting for meetings to start though the meetings are abandoned at the last minute.

We expect you will continue to hide information from the homeowners.

We still await the result of the settlement with Lennar after you sued them.

You won’t disclose that the City issued another Notice To Comply (pdf) to the HOA (Or as Scott is fond of saying, to the “homeowners.”)

It takes more than leaf blowers to maintain landscape.

He said, I imagine you aren’t going to disclose the barren slope with capped sprinklers.

You won’t explain that the City compels you to fix the sprinklers and install plants on the slope. I assume you aren’t going to explain the cost of that and whether you will extract the money from a homeowner if they caused the damage (cleared slope, capped sprinklers).

You won’t disclose that your landscape contractor wrote a letter to the City, with your knowledge, stating that capped sprinkler heads had been fixed, and that brush clearing had been completed. Imagine what the City staff thought when months later they found capped sprinklers and brush. <Note: Below see the excerpt from July letter, followed by photos taken in October showing that sprinklers remain capped, some land is barren, and brush remains.>

October 24, 2021, capped sprinklers and barren slope in Fuel Modification Zone 1.

Brush

END HOMEOWNER FORUM

CONSENT CALENDAR: No discussion. Approved Unanimously

Landscape Enhancement Proposals

Claret: #76, #80, #81, landscape proposals pulled because of homeowner complaints about the proposed rocks.

Ed wants to view the Claret slope and is concerned about the issues that could happen if kids were on the proposed rocks. <Below is some of the damage on Claret caused by kids. The landscape proposals were to fix the damage and prevent a recurrence, but homeowners complained about the proposals, so the board canceled them.>

2:49 pm

Dec 2nd, Holiday Lighting

$1526.25 shared with Northstar

Approved unanimously.

Social Committee Charter

Ian Navarro mentioned a sample charter in the board’s document. One year term. Members serve at the pleasure of the board. It should include a liaison to the board, event planning, and submission to the board, follow up reports and receipts.

Ian said they need to vote to approve a charter, approve a committee, approve appointments.

Chris recommended that they change the title in the sample charter which says Events Committee.

Ed asked whether the method of providing funds should be added to the sample charter.

Ian said other communities used a debit card assigned to one person using money from a petty cash fund. Scott said that they already do that.

Chris says that Janet transferred control of the debit card

The sample charter was approved unanimously with the name change.

SOCIAL COMMITTEE APPOINTMENT

Julie B. <Note: last name redacted.>

Amber is the treasurer

Other names were not provided.

Scott said the fall festival went very well.

Unanimously approved the current group, with Julie taking the place of Janet who moved out of the community.

<Comment: Ian rattled off the full names too fast to note.>

Nicole, Ashley,…

Chris Andre will be the liaison

Scott said he is reluctant to use last names.

Ian said it is public and in an open meeting. <Note: This website usually excludes homeowner names to the extent possible.>

3:03pm

FENCE

Morella area. Guards have not been very effective. Scott said he has encouraged homeowners to call the Sheriff. A temporary fence installed by Lennar is often pulled down. They need to keep cars from pulling into the area.

Protec proposal for removable bollards will prevent cars from pulling into the area. $1900

Ed: Asked if the company saw the diagram of the layout? Will they be yellow? No parking signs? He was trying to understand the “scope of the work.” Scott said the color was not stated, but they can check and specify a color. Scott says signage was not included in the proposal. Ed said the color should be the same as the current poles. He said that they should be lockable. Scott said he will add it.

Tom said it has gotten worse rather than better, and he doesn’t see many security incidents logged. There is a lot of smoking and needles have been found. Tom says the parking is an issue. Scott agreed and said that if people park below and have to walk up there they might be reluctant, but if it doesn’t work they can remove the bollards.

Dave suggested that Ed take the lead on placement.

Approved unanimously as amended to color yellow and lockable.

Chris said the patrol is constantly removing people. He expects that people will park further away and walk up there, but it is an added deterrent.

Dave Quinsey said that it would be helpful if the City put signs on Mariposa indicating no parking. Scott says the area below is no parking. Then Scott said the area is designated no parking.

Scott asked if someone would approach the City. Ed volunteered to meet with the City and determine if fire department would need access e.g. locks; And Ed wants to confirm the parking sign issue. Mariposa is a City street, but Morella isn’t. Scott said the bollard will prevent parking on the private street.

3:16pm

CAMERA PROPOSALS

Scott said they previously voted to table the issue.

Sara from the camera company joined the meeting.

Chris mentioned car break-ins and package theft. He says cameras at the entrance would be a deterrent. Now using intermittent patrol and on-demand (non-emergency, non-911).

Sara Stanzler presentation:

Flock Safety FlockSafety.com

Cameras are solar powered, wireless. Maintenance, support, and replacement is included.

Much crime is unsolved. Police say the most effective evidence is the license plate of the vehicle. It attaches to a name, address, and it is objective. People are often unidentifiable in video. Case example of mail theft was presented. She presented an example of how a vehicle can be identified by characteristics “vehicle fingerprint” which would narrow the list of possible suspects. Homeowners with privacy concerns could have their vehicle excluded from the data. The board determines who has access. Every request for data is logged.

Chris: Do you have any communities where only the police can access the information?

Sara: She said that communities do that, but it might not be written into policy.

Chris: Community Manager access?

Sara: Your choice. Access can be changed e.g. revoked

Ed: Mounting? Poles?

Sara: 12 ft poles and signs provided. Starts with site survey before installation.

Chris: Have communities tracked down non-residents in illicit activity? Our community has information from Security service.

Sara: Yes the information can help track down culprits.

Standard $5000 per year, $200 per camera x 2 cameras = $5400.

Two year agreement, but it can be canceled with pro-rated refund. Price of returning equipment up to $500 per camera.

Chris: What is and isn’t covered?

Sara: Vandalism isn’t covered. $150 per camera. She’s never had a California community have the issue, and they have 3500 communities.

Poles 14 feet: 2 ft below ground, 12 ft above ground

It is never installed without valid solar and cell service.

Battery lasts for one week. During install they get an automated alert about lack of service/power.

Chris: Minimum usage before requesting refund?

Sara: You can cancel at any time. See Flocksafety.com/legal. She showed the website page with the refund policy.

Chris: We are now paying $1600 per month for intermittent patrol. Previously it was $5k (?) for regular patrol.

Chris: Move forward

Tom: I’d be willing to try it on Morella, or by Chris to see how it works. Not willing to put it on the hill to capture everyone entering.

Sara explained that the entrance is the critical location and homeowners can opt out.

Tom said that we have privacy issues and he’s not comfortable with his license plate being recorded.

Dave: Postpone until next meeting.

Ed: Wants further discussion.

No one seconded the proposal by Chris to move forward. The motion fails.

Scott suggested that we consider cost sharing with Northstar, or moving the cameras up the hill. Scott is not happy with Bravo Three and perhaps we cut that expense to pay for the cameras.

Dave: It sounds like we need more discussion.

Sara left the meeting with the thanks of the board. She provided an email address but I didn’t catch it.

<Note: A less secretive HOA put the information online, including details about how to attend the meeting: https://www.marinecreekmeadows.com/events/events_scheduled/21-09-24/Flock_Safety_Security_System_Presentation.aspx >

3:50pm

Scott wants to have a discussion of the cameras and Bravo Three at another meeting. Scott believes that security is more the responsibility of individual homeowners. He said he and Tom are concerned about privacy. Tom and Chris agreed to talk “offline.” Chris suggested a poll of the community. Chris mentioned the money they spend “on landscape and everything else.” Scott reminded that only two board members should discuss it otherwise it will constitute a board meeting.

Ian asked if the discussion of the patrol contract should be discussed in Executive Session. Scott said, yes. Chris asked that anyone taking notes not publicize the amount being paid for security. <Note: Contract negotiation may be kept private, but the price we pay is supposed to be available, so the price for security is not being redacted in these notes.>

Ian reiterated that it is illegal to record the meeting.

Thursday December 16, 2:30pm, it will be posted and sent as required.

Adjourned 3:55pm

HOA Meeting Executive Only

While the last HOA meeting for all homeowners was canceled, another Executive Session meeting is scheduled for tonight. Only board members may attend.

HOA Meeting Canceled Again

The October 21 HOA meeting was canceled, again.  The meeting was to be conducted via teleconference, but the HOA never provided the call-in information.  Days earlier an HOA director posted photos of the agenda in a Facebook group and said that we should receive an email.  The email was never sent.  The day before the meeting I replied to his post and said that the call-in information was missing.  I also sent an email that day to First Service, the property management company.  They also failed to respond.  

The next day, hours after the meeting was supposed to be held, the property management company sent an email (excerpt below).  First Service says that they didn’t realize the issue until they observed that no one was attending the meeting.  They claim that despite my email to First Service, my post to Facebook, and that every board member should have noticed that they didn’t receive the announcement email as promised. 

The agendas were all posted on Friday, but we do not add the call in information to keep  non-residents from obtaining the information and calling in. 

The moment we realized that no one was on the call, other than the Board, I searched the Communications system and it only showed the reconvened Annual Meeting on October 14th as being sent out to the residents.  We did not continue on with the meetings and no decisions were made. 

Personal Notes, HOA Meeting 10-14-2021

HOA Meeting Notes 10-14-2021.

Annual meeting reconvene 

<This continuation occurred because insufficient ballots were received for the meeting.  The threshold was automatically lowered for the following meeting.  Therefore, the HOA had to pay the contractors again to appear for this continuation.>

<They started speaking before they engaged the video conference on Zoom, so I missed something, but I don’t know if it was significant.  I determined the attendees by the list in Zoom and by noting who spoke at the meeting.  Only through the Zoom list could I determine the last name of the inspector.>

Started 4:03 pm 

Directors Present:  Dave Quinsey, Chris Andre, Ed Wenz, Tom Wright? (“tom w” appeared as a name in the Zoom list, but any text can be entered in that field.)

Directors Not Present:  Scott Kiefner,

FirstService Residential:  Valencia McCartney, Community Manager

Maria Neuzil, Inspector of Elections, Ballot Box.

Needed 53 ballots to resume the meeting and 68 ballots were received.

Maria asked if there were any nominations from the floor, but there were none.

Chris asked about our lack of ability to view the counting over video conference.  Maria said that they were in compliance.  She pointed out that people are not allowed to get close to them when they count votes in person.

Chris Andre 69

Scott Kiefner 77

Dave Quinsey 69

Ed Wenz 46

Tom Wright 59

Write-Ins

Mike Long 5

Dave Samoa (sp?) <hard to hear the last name>  5

Mike Root 5

Minutes approved

Approve 62

Disapprove   1

Blank   1

IRS rule

Yes 66

No 1

Blank 1

Adjourned 4:36 pm

Organizational meeting followed by Open Meeting October 21, 2:30pm

Personal Notes, HOA Meeting 09-23-2021

HOA Meeting Notes 09-23-2021.

Annual meeting

Directors prohibited recording the meeting.

 <Note:  It was very difficult to hear some of the speakers, especially Valencia McCartney.  It was also difficult to determine the participants, and some of the information was difficult to capture and it was only possible when it happened to be repeated.  Much of the material was presented rapidly and there was little, if anything, that could be considered discussion.  It was a series of announcements except they did vote to approve the Consent Calendar and the landscape installation.  I believe outside the agenda they discussed the community manager and that email would be sent to homeowners.>

Started 6:04 pm

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre, Ed Wenz,

Directors Not Present:  Tom Wright

FirstService Residential:  Valencia McCartney, Community Manager

Maria from Ballot Box 

105 ballots needed for quorum

63 ballots received

Reduced quorum for next election is 53 ballots.  The annual meeting will be reconvened for it.

The board previously told the Ballot Box contractor that they would like to schedule the next meeting for the continuation of the election/Annual Meeting. 

Adjourn 6:13 pm

Open Meeting 6:13 pm

They announced quotes for landscape proposals. 

Scott did landscape walks with landscapers.  He identified areas that need attention.

$11,710. It will be funded through reserves e.g. replanting

#675:  Vegetation & mulch at the top of Mariposa; Tacoma; 40 different plants

676:  Marioposa—mulch on the slope

677:  Mara Villa, similar to Jacaranda plantings elsewhere <I didn’t capture the limited information>

678: Planter at Castilla :  large wood chips similar to nearby home

679: Mulch across from the park

Monticello:  plant Jacaranda

681: Mulch at the end of Calico

683: Bella Vista at Iris:  Jacaranda

684: Mirador:  additional mulch on the right side

680: Claret: Add cobble. Scott said that people have been on it, though they shouldn’t.  The HOA hopes to discourage people from using the area.  Add some plants

Claret Street

Quinsey asked if these proposals were requirements by the City. Scott said they handled those in Executive Session. These are beautification and pro-active proposals, though some were suggested by the City.

Wenz first, Quinsey 2nd, approved unanimously

HOMEOWNER FORUM

Valencia said that each homeowner would be allowed three minutes to speak.

Board asked the teleconference attendee if she had a comment, and she said she didn’t. Valencia said that she could send an email if she had something to discuss. She said that she did send an email, but didn’t get a response.

Another homeowner thanked the board for their work. Ed Wenz said that they have room on the committees. Homeowner joked that his connection was faltering.

Homeowner thanked the board for having this meeting at 6pm. She said it makes it easier for working people to attend. She asked if some work was included in the proposals. From Claret to Dracena, there is old straw wattle that has deteriorated in place <homeowner asked about it in previous meetings>. She asked if the were they going to address it. Scott said they will look at it on the next walk.

Homeowner asked for clarification of the attendees, including Maria <unknown last name> of Ballot Box.

At the last meeting Ian Navarro of First Service said he would ask Richard Ford why homeowners on hold for the meeting weren’t told the meeting was canceled. He said we have not received a response. He said the board still never explained why they didn’t send an email to advise homeowners that the meeting was canceled at the last minute.

He asked on what grounds did the board meet with the company “Ballot Box” in private rather than in the open meeting. He pointed out that they had discussed the ballots in private as they already planned to reconvene and schedule the next meeting due to the lack of ballots.

He went over ballot statements:

In 2021 and 2019, Chris Andre mentioned bare areas in the landscape. There was no improvement in two years until the City fined the HOA repeatedly, and a homeowner sued the HOA.

Chris Andre 2021

Chris Andre 2019

Dave Quinsey criticizes the landscape contractor in 2021

Dave Quinsey 2021

Dave Quinsey criticizes the contractor in 2021, yet Chris Andre complained about the same thing two years earlier.

Chris Andre 2019

Tom Wright 2021, in part, blames the landscape deficiencies as “the personnel problems of Covid.” The HOA has no personnel. Was the HOA paying people to stay home? Is there a safer job during a pandemic than outdoor landscaping? It’s a performance based contract anyway. If the landscaper was underperforming our fees should have been reduced.

Tom Wright 2021

In 2019, Tom Wright said that “Our new landscaper is finally getting a handle on the looks of the community.”

Tom Wright 2019

Dave Quinsey uses the COVID excuse for landscape and meetings. The board managed several executive session meetings, while at the same time canceling open meetings and failing to schedule them. Why? Particularly when meetings were done remotely.

Dave Quinsey 2021

END HOMEOWNER FORUM

Consent Calendar 6:34 pm

Financial statements

Lien <I couldn’t hear the amount>

Items A through E

Approved unanimously

Tax Returns were filed timely for 2020.

Landscape installation, two pool installation applications were sent to architect (Lightfoot). Scott explained some of the process to Valencia of FirstService. He said that after the architect review the plans, they go to the Design Review Committee (DRC). He said that they only go to the board if there is a variance request.

Wenz added that anything related to a stand-alone solar system goes directly to the DRC. Scott said to call Ed with questions.

Valencia said the meeting was quick and easy.

Scott thanked homeowners for joining the call. Scott said there was little participation during the evening meetings so they moved it to the afternoon. They will continue to “play with it.”

Personal Notes, HOA Special Open Session Meeting 08-30-2021

HOA Meeting Notes 08-30-2021.

Special Open Session

Started 2:06 pm 

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre (via phone in car), Ed Wenz

Directors Not Present:  Tom Wright

FirstService Residential Regional Director Ian Navarro

Navarro said that no executive meeting was held before this meeting so no disclosure was necessary.

HOMEOWNER FORUM

Homeowner said that WebEx for the meeting seems better.

Homeowner got an email about a manager leaving but didn’t get an email announcing this meeting.  Some other homeowners got the meeting announcement, others didn’t.  Several email  sent to FirstService, including Navarro, got no response.  Email to Phyllis also went unanswered.  Navarro said to check your email preferences on the web site.  Homeowner said he received the cancelation email that was sent the following day. 

The last open meeting, held immediately after the executive meeting, was canceled with no notice.  No one waited online to inform attendees. No one with information was immediately available at FirstService.  No one sent an email to inform homeowners.  Everyone on the board was aware because they didn’t receive such an email.  Navarro said he’d check with Richard Ford.

This was at least the third time a meeting has been canceled at the last minute with no notice.  Homeowner had previously rearranged a work schedule, rushed home, walked to the club house, only to find a note on the door that the meeting had been canceled.  That should have never happened again.  It is inconsiderate and rude.  The day following the last canceled meeting, FirstService sent an email saying the meeting was canceled due to “technical challenges.”  That’s not true.  They held the executive meeting via teleconference, but canceled the open meeting that immediately followed. 

Homeowner said that it is good to see landscape on the agenda, but too bad it took city fines and a lawsuit to do it.

Navarro asked if the homeowner had a question.  Homeowner responded, “Why don’t you immediately send an email when a meeting is canceled at the last minute?”  Scott said he wouldn’t answer questions because the homeowner has sued.  Navarro said the homeowner’s three minutes were expired.

Claret looks better, soil, sprinkling of bark.  Neighbor complaining about flies.  Sloped area needs to be secured with a retaining wall.  An old dirty roll of straw wattle was simply left in place.  Neighbor kids playing increase the erosion, slope is steep, and the mulch goes over the sidewalk.  The homeowner said she has mentioned it before.  They built a retaining wall around the mailbox so apparently it is needed in the adjacent area too.

END HOMEOWNER FORUM

2021-2022 Draft Budget Review and Action:

The budget was mentioned but there was very little discussion.  Navarro said something about 80% budget.  The homeowner assessment will increase to $232.45, effective October 1st.  The board voted unanimously to approve.  Navarro said that they would be able to get the notice out in time.

Common Area Landscape Update

Certain slopes and areas have been addressed.  Scott said that it will look a little nicer at the entry and there is more to come.  More erosion control will be installed for the rainy season.  Scott said he has been communicating with the city.  Scott said that he had been on recent landscape walks.  They are getting bids for additional work. 

Ian Navarro said he will have additional information about a new manager.

Adjourned 2:21pm

HOA Special Meeting Scheduled 07-08-2021

HOA Special Meeting at homeowner residence.

Personal Notes, HOA Meeting 06-17-2021

HOA Meeting Notes 06-17-2021.

Directors Present: Scott Kiefner, Dave Quinsey, Chris Andre, Ed Wenz, Tom Wright

FirstService Residential, Richard Ford, Senior Community Manager

HOMEOWNER FORUM 

Richard Ford said the homeowners would have five minutes to speak.

 Homeowner objected that when several homeowners are present for the meeting, the board allows 5 minutes per speaker, but when there are very few homeowners, such as just himself and another person, as at the prior meeting, they limit it to 3 minutes.  He said they are intentionally limiting his time when others don’t attend.  He said it should be the opposite, that is, time should be limited when there are more people, not when there are fewer people.  Richard Ford apologized about his memory and about the time allowed.  He offered to limit the time to 3 minutes.  The homeowner said it is a pattern of discrimination.  Quinsey spoke but was interrupted.

 Homeowner continued: 

Landscape is not on the agenda, again.

 What is the result of the lawsuit by the HOA against Lennar?

 The installation of new plants is good.  They should not have waited until the heat of June.  Homeowner again volunteered to speak to the landscaper since the board doesn’t know or isn’t concerned about the issues.  He said he showed some issues to the landscapers.

 Some violations have been reduced such as RVs and commercial vehicles.  He said it was a good tactic.  He noted that the HOA should’ve addressed the violation when Andre moved his fence over the slope easement.  It created a number of issues such as HOA irrigation inside a homeowner’s fence; landscaper unwilling to work inside the homeowner’s fence; homeowners are restricted from entering slope easements so how can it be maintained?  Andre interrupted and said the homeowner committed slander.  He said he moved the fence six years ago.

END HOMEOWNER FORUM

No discussion of consent calendar items.

A thru E  approved unanimously.

UNFINISHED BUSINESS

No item to discuss.

NEW BUSINESS

Architectural Modification Status

Homeowner on Monticello appealed the denial of design plans.

Ed:  Handled by architect, plans declined, DRC there hasn’t been any garage door modifications for reference.  All glass garage door wouldn’t fit in.  Glass panels at the top can allow light in.  The architect was right that it wouldn’t fit in with the aesthetics.

Guidelines ask for earth tone colors.  He is asking for a bronze color door.  Why can’t he have bronze color for trim for windows, doors (sliding and front), and garage door.  Scott said he understood, and the concern is that it is a modern design that doesn’t fit the rest of the community.  The material is the primary issue, not the bronze trim.  Homeowner says that the architect told him to use a white color.  Ed says he will check with the architect regarding the color, which he left up to the architect to determine the appropriateness.  Ed says the concern is using an all glass garage door.  Homeowner says the door is more expensive and is an upgrade.  Ed says, if it doesn’t fit in the community, it doesn’t work.  He says the cost isn’t the issue.  He says the amount of glass is the issue.  Only one panel across the top is permitted.  An all glass door would allow excess light through the door.  Ed says most communities have the same types of door.  Ed says he will check with the architect about the color and refer it to the entire Design Review Committee.  The homeowner says this has been going on since February.  Ed says he understands that he had to resubmit the plans a total of three times.  Scott mentioned bronze vs clear windows with white trim throughout the house, though only some of it has been approved.  Homeowner said only the color of the trim has been contested.  Ed asked, and the windows are clear.  Ed looked at the submittal and says they are dark bronze trim window.  Ed said that he went with the decision of the architect.  Scott asked for additional feedback.  Tom said he needs to look at the community before he makes a decision.  Homeowner asked if frosted glass would be OK, but Ed said that too much glass wouldn’t fit in with the community.  Ed said only the top panel can be glass.  He mentioned an alternative of some glass panels in front of the door surface.  Ed said that the architect handled it because it is complex.  (Dave and Chris did not comment).  Scott:  architect says window trim and garage door won’t fit in, and is a radical departure.

Ed deny based on what is submitted,—unanimously denied the appeal of the windows and the garage door.  Homeowner asked exactly what was approved and denied.  Scott said that he didn’t have the architects denial in front of him.  Scott said he doesn’t know what was approved, but he will clarify.  Richard said that he doesn’t have the approval/denial on hand.  Richard says he will have the architect’s letter sent to the homeowner, and he will send a copy to the DRC, and Scott requested a copy.  Homeowner said his windows are approved by the architect, but he was only contesting the requirement for white trim.  Ed said if the windows are approved, the homeowner should resubmit plans for the door.  Homeowner asked for clarification on the approval of the windows.  Ed said he would take the lead and include the DRC as well as talk to the architect. 

CORRESPONDENCE

Homeowner 3001 Calico.  Requested that the HOA add a retaining wall to stabilize the slope by his house. 

Scott:  Jack from O’connell landscape to look at it.

Homeowner said you can’t miss it as you drive up the hill.  It’s on the side of the hill.  It is undermining the pavers at his house.

Richard said they will be in touch with the homeowner.

Ed asked about the area affected.  The homeowner says there is a lack of landscape to hold the ground.  He said it impacts the area by the metal and the wood fence.

Homeowner:  Drain/swale issue.

Scott:  Will give update for plans for repair by Lennar.  He says the swale on the front side of the home is reportedly causing standing water.  He said some of it is a City issue, and he will followup to ensure it is referred to the City.

She is still asking for the mailbox to be removed.  It was denied years ago, as Scott recalled.  Ed asked Richard to look up what the board decided previously.  Richard will check, but he recalled that it was a City issue, and it needed 100% homeowner concurrence.  Tom recalled that the Postal Service asked the mail carrier what they wanted, and followed that recommendation.  Chris commented that sorting order was an issue.  Scott said that Lennar moved one set of boxes at the request of the USPS.

Street issues: Ford thinks they need to be directed to the City

Parking at Morella.  Scott: It is still being worked

2021-2022 Annual Operating Budget

Richard Ford said that he will work with Dave Q. to fill in the information.  Dave asked when Richard sent it.  Richard said he will check.  Dave said that the spreadsheet didn’t allow data input.  Richard said they also sent a pdf, though he will double check.  The employee who handled the documents is no longer working for the agency.  Richard confirmed that he sent it on June 3rd, but will send it again.

Next Meeting, Thursday, July 15, 2:30pm.