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Lake Shastina

Property Owners Association

 

MINUTES

May 14, 2008

Lake Shastina Golf Resort Banquet Room

REGULAR MEETING 6:00 p.m.

Item 1.    CALL TO ORDER AND ROLL CALL: 

               LSPOA BOARD:  CHARTER       DILLEN       EVERHART      SARASON       WETTER   √__   

               Also present were GM Lea, OM Bains, CC&R CO Bullington, PC Alves and AA Charvez.

               There were approximately 12 people in the audience.

Item 2.    CLOSED SESSION:  Called to order 5:30 p.m.           

A.     Negotiations – Tract 1165 (formerly known at Shasta View Golf Village)

B.     Case No. SCCV CV 06-0124 Real Property

C.     Discussion / Possible Action:  Foreclosure on ATS accounts

D.     Discussion / Possible Action:  Personnel

No report out from Closed Session.

Item 3.    REGULAR MEETING:  Called to order at 6:09 p.m.

Item 4.    PLEDGE OF ALLEGIANCE:  Pres. Charter led the Pledge of Allegiance.

Item 5.    APPROVAL OF AGENDA: 

               A.   Regular Meeting May 14, 2008:  Removed Items 12.C.1. and 12.E. out of consent agenda.  Closed Session Items 2.C. and 2.D. to be heard in Closed Session Item 17.

               Motion by Dir. Wetter second by Dir. Dillen to approve Regular Meeting Agenda of May 14, 2008, as amended.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

Item 6.    APPROVAL OF MINUTES:

               A.   Regular Meeting April 9, 2008

               Motion by Dir. Wetter second by Dir. Sarason to approve Regular Meeting Minutes of April 9, 2008.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

Item 7.    PUBLIC COMMENTS:  PC Alves

Item 8.    BOARD MEMBER COMMENTS: None

Item 9.    CORRESPONDENCE:

  *consent          A.            June Calendar of Events – Received and Filed

  *consent          B.            May Shastina News – Received and Filed

Item 10.  TREASURER'S REPORT............................................................................ Dir. Sarason

  *consent          A............................................. Cash Flow Report:  March 2007 – Received and Filed

  *consent       B.      Budget Comparison 2007/2008 (Accrual) – Received and Filed

  *consent       C.      Income Report 2007/2008 – Received and Filed

  *consent          D.   Budget Line Item Adjustments (as needed)

  *consent          E.   Acknowledgement of Volunteers – Received and Filed

  *consent          F.   Lien Status Report – Received and Filed

               G.  Recognition of Park Contributors – Received and Filed:  Dir. Sarason reported that to date contributors have donated a total of $3,115 to the Hoy Family Park.

Item 11.  REPORTS:

               A.   ECC Report.............................................................................. CC&R CO Bullington

  *consent           1.   ECC Minutes – April 3 and 17, 2008 – Received and Filed

                     2.   CC&R Compliance Officer’s Report – Received and Filed

               B.   Administration – Status Report...................................................................... GM Lea

  *consent           1.   CC&R Distribution Report – Received and Filed

  *consent           2.   Title Transfer and Fees Report – Received and Filed

               C.   Director of Public Works – Status Report...................................................... GM Lea

  *consent         1.   Written Status Report – Received and Filed

               D.   Fire Safe Council.......................................................................................... GM Lea

                        1.   Verbal Report – Received and Filed:  Dir. Wetter reported that the FSC is in the process of reviewing fuel abatement programs for removing trees.  Dir. Wetter reported that he has resigned as President and member of the FSC due to other commitments and that Beverly Roths, FSC member, has agreed to be the FSC President.

Item 12.  OLD BUSINESS......................................................................................... Pres. Charter

               A.   Status:  Unit 8-2 Parcel 'A' Park (Hoy Family Park) – Received and Filed

                     1.   Ribbon Cutting Ceremony – Thursday, May 15, 2008

                     2.   Discussion / Possible Action:  Dog Park:  The Board discussed the Park Committee’s response to property owner’s suggestion to have a Dog Park at Hoy Park.  The Park Committee felt that possibly an alternative spot for a Dog Park would be the fenced in play area at the Community Center.  The Board asked Dir. Sarason to work with the Park Committee to review options.

               B.   Status:  Shasta River Total Maximum Daily Loads (TMDL) Action Plan by the North Coast Regional Water Quality Control Board (NCRWQCB):  Dir. Wetter gave a brief update regarding fish tissue and sediment testing that will be done at Lake Shastina.

               C.   Annual Meeting (August 16, 2008, 10:00 a.m., Lake Shastina Golf Resort) – Received and Filed

                     1.   Ratification of April 9, 2008 motion to approve moving the location of the 2008 Annual Meeting to the Lake Shastina Golf Resort:  Item removed from consent agenda.  Dir. Wetter explained that at the April meeting he recommended that the Annual Meeting be moved to the Golf Resort and that the Budget Committee include $1,600 in the Budget to provide lunch after the Annual Meeting as a way to thank volunteers and also a way to thank the Golf Resort for the use of their facility since the Arson fire.  This recommendation came after Dir. Wetter made calls to caterers who were all unavailable on August 16, 2008.

               Motion by Dir. Wetter second by Dir. Sarason to approve moving the location of the 2008 Annual Meeting to the Lake Shastina Golf Resort, as approved by Board motion on April 9, 2008.

               Ayes:        Directors Dillen, Everhart, Sarason and Wetter

               Noes:       Director Charter

               Absent:    None

  *consent   D.   Status:  Administration Building reconstruction – Received and Filed

               E.   Status:  Ballot Measure to amend Covenants, Conditions and Restrictions (CC&Rs) – Received and Filed:  Item removed from consent agenda.  Dir. Everhart asked for clarification regarding wording that states items would be “deleted” from the CC&Rs’ minimum construction standards in order to classify them as architectural rules, which can be changed by Board vote after notice to members.  The Board discussed and agreed that the wording on the ballot and cover letter will be critical for Member understanding, such as the word “delete” could be changed to “transfer” or “move”.

Item 13.  NEW BUSINESS........................................................................................ Pres. Charter

  *consent   A.   Ratification of April 9, 2008 motion to approve application for fence adjacent to Golf Course property – Unit 5 Lot 207 – Received and Filed

               Motion by Dir. Wetter second by Dir. Dillen to approve ratification of April 9, 2008 motion to approve application for fence adjacent to Golf Course property – Unit 5 Lot 207.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

  *consent   B.   Ratification of April 9, 2008 motion to approve request from LS Police Department - use of Hoy Family Park – August 2, 2008 – Received and Filed

               Motion by Dir. Wetter second by Dir. Dillen to approve ratification of April 9, 2008 motion to approve request from LS Police Department – use of Hoy Family Park – August 2, 2008.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               C.   Discussion / Possible Action:  Superior Court Judge candidate endorsement – Received and Filed:  Board discussed the fact that Karen Dixon lived in Lake Shastina and to date was the only candidate to speak to the Board.

               Motion by Dir. Dillen second by Dir. Sarason to approve the Board’s endorsement of candidate Karen Dixon for Superior Court Judge.

               Ayes:        Directors Charter, Dillen, Everhart and Sarason

               Noes:       Director Wetter

               Absent:    None

               D.   Discussion / Possible Action:  RV Storage Yard – Received and Filed:  Dir. Dillen reported that he is in the process of scheduling a meeting with volunteers to study two new projects: 1) an RV storage yard and 2) additional walking trails.

               E.   Discussion / Possible Action:  Community Center Building lighting options – Received and Filed:  GM Lea showed the Board the type of lighting fixture quoted by Mount Shasta Electric.

                     Motion by Dir. Sarason second by Dir. Everhart to approve hiring Mount Shasta Electric to replace light fixtures at the Community Center Building, estimated cost $2,445.

               Ayes:        Directors Charter, Dillen, Everhart and Sarason

               Noes:       Director Wetter

               Absent:    None

               F.   Discussion / Possible Action:  Proposed Resolution 2-08, Reserves – Received and Filed:  GM Lea reported that Resolution 2-08 would decrease the amount put into reserves; each year, depending on expenses, the amount into reserves varies. 

               Motion by Dir. Wetter second by Dir. Everhart to approve Resolution 2-08, regarding the percent of assessments to be put into reserves.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               G.  Discussion / Possible Action:  Request for utility easement between Lots 124 and 125/126 in Unit 5 – Lake Shastina Golf Resort – Received and Filed:  The Board and GM Lea discussed.

               Motion by Dir. Wetter second by Dir. Dillen to approve Lake Shastina Golf Resort’s request for utility easement between Lot 124 and 125/126 in Unit 5.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               H.   Discussion / Possible Action:  Request to use Hoy Family Park – Weed Youth Soccer Board – Received and Filed:  The Board received two requests from the Weed Youth Soccer Board to use the Hoy Park: 1) a single event on Saturday, August 23, 2008 and 2) every week night from 5:00 p.m. to 7:30 p.m. for soccer practice.  The Board agreed that the single event on August 23, 2008 could be booked on the Park calendar.  Due to the extent of the request for use every week night for soccer practice, the Board agreed that more information such as a practice schedule needs to be provided for review and consideration.  The Board agreed that these types of requests need to be approved by the Board and that a calendar will need to be established and available.

               I.    Discussion / Possible Action:  Application for Business Use of Unit – Unit 7-3 Lot 25 (5225 Muskrat Road) – Received and Filed:  The Board and staff discussed, motion did not carry as noted below.

               Motion by Dir. Dillen second by Dir. Charter (after Pres. Charter passed the gavel to Vice Pres. Wetter) to approve application for business use of unit – Unit 7-3 Lot 25 (5225 Muskrat Road).

               Ayes:        Directors Charter and Dillen

               Noes:       Directors Everhart, Sarason and Wetter

               Absent:    None

               J.   Discussion / Possible Action:  Request to landscape common area – Unit 7-3 Lot 238 – Received and Filed:  The Board discussed with staff and property owner and agreed that a landscaping plan needed to be provided for the Board to review.

Item 14.  PUBLIC COMMENTS:  None

Item 15.  BOARD MEMBER COMMENTS:  None

Item 16.  DATE OF NEXT MEETING:   Next Regular Meeting is to be held on June 11, 2008, Closed Session at 5:30 p.m. and Open Session at 6:00 p.m. at the LSPOA Community Center Building.

               Open Session was adjourned at 8:02 p.m.

Item 17CLOSED SESSION:  Called to order at 8:15 p.m.

A.     Progress Report on Current Violations

B.     Disciplinary Hearing – Violation #520

C.     Disciplinary Hearing – Violation #534

D.     Disciplinary Hearing – Violation #487

               Board returned from Closed Session at 8:48 p.m. and reported the following:

               Item 2.A.:  Negotiations – Tract 1165 (formerly known at Shasta View Golf Village):  Dir. Dillen and Dir. Sarason volunteered to be on a committee to meet and confer with owners of Tract 1165.

               Item 2.B.:  Case No. SCCV CV 06-0124 Real Property:  Board acknowledged resolution.

               Item 2.C.:  Discussion / Possible Action:  Foreclosure on ATS accounts

               Motion by Dir. Wetter second by Dir. Everhart to approve Option 2, which requires staff to have a preliminary title search completed on APNs listed.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               Item 2.D.:  Discussion / Possible Action:  Personnel

               Motion by Dir. Wetter second by Dir. Dillen to approve CC&R Compliance Officer’s request for flex schedule upon General Manager’s conditions and approval.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               Item 17.B.:  Violation #520: 

               Motion by Dir. Wetter second by Dir. Everhart to approve Board determination of Violation Ref. # 520 as follows:  Board determined property owner was in violation of documented Articles and Sections and ruled the following:  owner has until July 14, 2008 to bring the signage on the business trailer into compliance or remove it from the subdivision.  Owner’s application for business use of unit is to be posted on the June 11, 2008 regular Board meeting agenda.  At that time, public and neighbor comments may be submitted to the Board for a decision.   Failure to comply with these issues will result in a $100.00 fine for the illegal signs on a vehicle and $100.00 business use of unit, if the Board denies your application in June, per month until compliance is achieved. This is per the adopted schedule of fines and rules enforcement procedures, Board Resolution 1-03.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

               Item 17.C.:  Violation #534: 

               Motion by Dir. Dillen second by Dir. Wetter to approve Board determination of Violation Ref. # 534 as follows:  Board determined property owner brought violation into compliance prior to hearing; any further violation within one year will result in fines per Board Resolution 1-03.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

Item 17.D.:  Violation #487: 

               Motion by Dir. Wetter second by Dir. Dillen to approve Board determination of Violation Ref. # 487 as follows:  Board determined property owner was in violation of documented Articles and Sections and ruled the following:  owner will be fined $50.00 for each vehicle (two at this time), $700.00 for the other seven property use restrictions and owner to comply with the following:  1) remove or license and register the two vehicles or an additional $50.00 per month per vehicle will be imposed until compliance is achieved, 2) submit plans to the ECC for any sheds on the lot or remove them, 3) submit a deposit refund request from the ECC with a copy of the County final, 4) remove all garbage, lumber, debris, limbs and piles of brush, 5) remove or store all personal items outside, 6) discontinue from driving on other lots or any other type of trespassing.  A further $50.00 a month for each vehicle and $100.00 a month for each property use restriction to be imposed until compliance is achieved beginning on July 14, 2008 (60 days from hearing).  Failure to comply with these issues will result in further fines building and litigation until compliance is achieved. This is per the adopted schedule of fines and rules enforcement procedures, Board Resolution 1-03.

               Ayes:        Directors Charter, Dillen, Everhart, Sarason and Wetter

               Noes:       None

               Absent:    None

Item 18.  ADJOURNMENT:  Meeting was adjourned at 8:52 p.m.

Submitted By:                                                                      Approval Date:___________________

________________________________

Sylvia Charvez, Administrative Assistant