Tuesday, February 18, 2020

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Oakmont News, Opinion & More

Report: December 17 OVA Board of Directors Meeting

Highlights

  • New club — Oakmont Birders [4. D.]
  • Solar and generator proposal from LRPC subcommittee [7.C.]
  • Reconstituted Bylaws Revision Committee [9.C.]

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December 18:  Update from the preview article published before the meeting. Board discussion and actions are shown in italics.

The intent of this article is to give a short preview of Tuesday’s Board meeting, highlighting a few agenda items that may be of particular interest to OVA members.  Information is taken from the Board Meeting Packet, and page numbers are those listed at the bottom of each page in that document.  For a slightly different perspective on this Board meeting, see this article published on the OVA website.

Agenda item 4. [pp 1-52]  Consent Calendar.  The packet contains minutes of two Board business meetings and two Town Hall meetings, for Board approval.  The first of the Town Hall meetings, on December 3, was a review of the East Rec renovation project, including its budget, what decisions were made and why, etc.  Video of the meeting, slides used for the presentation and the meeting agenda are available here.  The second Town Hall meeting, on December 10, presented the “Status of the Oakmont Golf Club Purchase”.  Slides used for the presentation and the meeting agenda are available here.  Reports on the December 10 meeting were also published in the Oakmont News and the Oakmont Observer.

A new member, Ken Smith, will be appointed to serve on the Building Construction Committee.

Noel Lyons is resigning from the Nominating Committee, to be replaced by Jim Sannar.  The Nominating Committee will then consist of Elaine Bennett, Carolyn Bettencourt, Heidi Klyn, Rob Lenahan and Jim Sannar.
Important note:  An article announcing the 2020 annual election of directors, and seeking candidates for the four available seats, appeared on the OVA website on Dec 20.

A new club will be approved:  the Oakmont Birders Club.

Finally, there is a Notice of Delinquent Assessent (NODA) resolution, identifying 12 accounts which are delinquent by amounts ranging from $491.33 to $1,927.12.  The effect of this will be to record liens against the properties and to turn the accounts over to a collections agent.

Consent Calendar approved, as expected.

Agenda item 5.  President’s message:  Steve Spanier gave a fairly long review of items addressed by the OVA Board in 2019, and predictions for where OVA will be by the end of 2020.  Predicted completions in 2020 included a dog park; purchase and reopening of the golf courses; solar panels mounted above parking lots of CAC/Berger, East Rec and West Rec; installation of a generator to power CAC, Berger and OVA offices during power outages; receipt of almost $1M in grant funding for reducing ladder fuels; and revision of governing documents, including Bylaws (approved by an OVA member vote) and CC&R’s (expected to require judicial approval, since the voting requirement for amending the CC&R’s is so high — 75% of all OVA members would have to approve, well over the number of affirmative votes for the dues increase this year).  In addition, Steve predicted progress on the “Central Area Project”, which would likely have some sort of master plan for an area centered on the CAC.  The full message has been posted on the on the OVA website and is well worth reading.

Agenda item 7.B.  Management Report.  Among items reported by OVA General Manager Kevin Hubred were the reopening of the coffee cart in the Central Activities Center (CAC), the submission of a 2020 grant proposal for almost $1M to Cal Fire, and the plan for the Architectural Committee (AC) to present a revised set of guidelines and standards to the Board in January.  The new standards will cover items not previously on the AC radar, such as residential solar power and generators.

Agenda item 7.C. [p 75]  Solar Subcommittee Report – Achieving Power Outage Resiliency.  This subcommittee of the Long Range Planning Committee is recommending (1) installation of canopy-mounted solar panel systems at Berger/CAC, East Rec and West Rec parking lots, using a Power Purchase Agreement which will have no up-front costs and which will be financed using OVA funds that would otherwise go to pay for electricity, and (2) purchase of a dual-fuel generator for the Berger/CAC complex and OVA offices, for use during power outages, with funds already approved in the 2020 OVA budget.  Ken Smith gave a presentation representing the work of members of several committees (Long Range Planning, Building and Construction, Architectural, others) on the topic of providing more robust power in Oakmont.  He reported on three areas of study:  (1) solar electric power for CAC/Berger, East Rec and West Rec; (2) a generator to provide backup power for the CAC, Berger and OVA offices; and (3) a longer range plan to develop a plan for discounted rooftop residential solar electric systems.  Also mentioned was a program (by PG&E?) to provide backup battery power to residences whose occupants require power for medical equipment, such as CPAP or oxygen machines.

Agenda item 9.A. [pp 76-80] Legal Matters for Discussion in Executive Session.  This resolution simply asserts that consideration of pending and threatened legal proceedings are legitimate topics for discussion in Executive Session.

NOTE:  Oakmont Forum leadership has long advocated publishing all legal opinions that did not fall under the other restrictions, i.e. that did not concern litigation, contracts or personnel matters, so we believe this is a step in the right direction.  Following is a quote from p. 80:

… the following may be considered in Executive Session:  both pending and threatened litigation matters, including legal proceedings, as well as legal opinions.  By my reading, nothing else qualifies for consideration in Executive Session.

Resolution passed.

Agenda item 9.B. [pp 81-141] Election Rules Revision.  Recent passage of SB 323 requires Election Rules changes by all HOAs, and this item is to approve such changes.  The proposed new election rules are included, as well as a red-lined copy of the current election rules.   The proposed rules were published in the Dec 1 issue of the Oakmont News, and approval of this resolution will formally adopt them for the upcoming Board election.  See the report on the Nov 19 Board meeting for more information.

Resolution passed.  Members of the 2017 Election Rules Committee objected to the fact that rules designed by them to ensure reliable and auditable vote counting were left out of the draft proposed for passage.  It was pointed out that the new rules were put together quickly, in order to meet the deadline specified in new law SB 323, and that any substantive change at this point could not be incorporated in time to make our spring election legal.  It was also promised to revisit and possibly incorporate the desired vote counting rules before the next election (i.e. 2021).

Agenda item 9.C. [p 142] CETC Resolution.  To convert the Bylaws Revision executive committee created at the November Board meeting into a regular OVA ad hoc committee, to include key members from the 2018-2019 BRC.  The core resolution (without the whereas paragraphs) reads:  “That two members of the BRC, Hugh Helm and Joe Henderson be appointed and
included with the three Board members to integrate the changes submitted by the BRC into OVA Bylaws and Rename the committee “ad hoc” vs executive committee to accommodate the change.”  This resolution is designed to make it more likely that the combined report would represent the will of the former Bylaws Revision Committee, and would add legal expertise because the BRC members identified are those who are retired lawyers.  See the report on the Nov 19 Board meeting for more information.

Resolution passed.

Agenda item 10.A. [pp 143-190]  2020 Insurance Proposals.  The resolution provides budgeted vs quoted costs for OVA insurance in 2020, which will total $157,132.  This does not include insurance required for the golf course property and operation.

Resolution passed.

Agenda item 10.A. [pp 191-193]  Inspector of Election Appointment.  It was proposed to appoint John C. Fortner, the husband of an OVA member, who is a California Notary with significant other credentials, as inspector of elections for the upcoming OVA Board of Directors election.

Resolution tabled.  A number of members and directors objected to the appointment of a person who has a beneficial interest in an Oakmont property, regardless of qualifications, because of the possibility of a conflict of interest.  After considerable discussion, including inquiry about the timeline required for the appointment, it was decided not to appoint Mr. Fortner but instead to seek an outside Inspector of Election, to be appointed in January.

Agenda item 11. [pp 194-199]  Review.  Minutes of the Nov 13 Oakmont Community Development Committee (OCDC) meeting, and of the Nov 7 Community Education & Transparency Committee (CETC) meeting.

Agenda item 12.  Next Meeting

  • Jan 21, 1 pm Berger — Board meeting

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REDACTED PAGES FROM THE MEMBER VERSION OF THE MEETING PACKET

There are good reasons, such as maintaining the privacy of OVA members, for redacting some pages which may be in the full meeting packet provided to directors before each Board meeting.  But redactions may also take place for less justifiable reasons, such as political sensitivity.  Following is a complete list of all sections redacted from this month’s member packet.

  • Item 4.B. BCC appt, p. 12 – Ken Smith’s resume
  • Item 4.D. Birders Club, p. 15 – application for club recognition
  • Item 4.E. NODA, pp. 17-52 – probably specific information about the homeowners who are in arrears on OVA dues
  • Item 9.B. Election rules, pp 133-141- no indication what was left out or why

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In order to stay informed about activities that will impact all of us, OVA members should review the OVA Board meeting packets when they come out.  As shown by the very limited highlights above, there are lots of things going on.  This article is far from comprehensive.  For more complete details, you should review the meeting packet itself.  If you would like the Board to know how you feel about any issue, you should show up at the Board meeting, or Email them at BoardOfDirectors@oakmontvillage.com .

Committee minutes have been included in the list above (Agenda item 11) and in the meeting packet because committee work is important, and the only way to know what goes on in the committees, other than attending their meetings, is to review their minutes when they become available.  Some committees publish their minutes on the OVA committee web pages, where you may find them sooner than they will appear in OVA Board meeting packets.

**  If you would like to serve the Oakmont community by attending OVA Board of Directors or committee meetings and then writing news reports on them for the independent Oakmont Observer, then please Email your interests and contact information to info@oakmontforum.com.  Educating the community and encouraging  member participation in OVA governance is a prime focus of the Oakmont Forum Mission.

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