evergreen community association meeting...

EVERGREEN COMMUNITY ASSOCIATION MEETING OF THE BOARD OF DIRECTORS

WEDNESDAY, NOVEMBER 18, 2015

NOTICE The General Session meeting of the Evergreen Community Association, a

nonprofit mutual benefit corporation, held on Wednesday, November 18, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.

In accordance with California Civil Code §4920, the meeting agenda was

placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Percy Tolentino, Vice President Andrew Zelinko, Secretary Tom Levitt, Member at Large Linda Ackerman, Member at Large

Directors Absent: None Officers Present: Bill Dwinell, Treasurer Officers Absent: None

Representing Associa-PCM: Colton Salinger, CMCA Community Manager

Others Present: None

CALL TO ORDER The meeting was called to order by Jim Shimizu, President at 7:10 pm. HOMEOWNER FORUM No homeowners were present. ANNOUNCEMENT An Executive Session Meeting was held prior to the General Session Meeting

on November 18, 2015 to discuss third party contracts and homeowner delinquencies. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. October 21, 2015 General Session Minutes as submitted.

B. October 2015 financial statements as submitted, subject to audit.

C. Invoice for Ratification Hickey & Petchul, LLP invoice #32867 dated August 31, 2015 for the amount of $1,620.75.

Upon a motion duly made, (Ackerman) seconded, (Zelinko) and passed unanimously, the Board moved to approve consent calendar items A through C.



COMMITTEE REPORTS ARC Pre-approved Improvements & Maintenance Responsibility Director Levitt presented an initial draft report consisting of several findings

from the ARC Pre-approved Improvements and Maintenance Responsibility Committee with the final report to be presented during the January 2016 meeting. Director Shimizu requested to attend the next committee meeting.

UNFINISHED BUSINESS Officer Appointment & Executive Session The Board reviewed and discussed a second legal opinion provided by Iger,

Wankel, Bonkowski, LLP with respect to the appointment of Bill Dwinell as a non member officer. Director Levitt suggested possible alternatives for appointing a non member as an officer, to allow the talents of Bill Dwinell to serve on a finance committee.

Motion (failed) Upon a motion duly made, (Levitt) to form a finance committee and appoint Bill

Dwinell to serve as the committee chair, seconded, (Ackerman) and failed by a vote of 2-3. (Directors Shimizu, Tolentino and Zelinko voting against)

Motion Upon a motion duly made, (Zelinko) seconded, (Tolentino) and carried by a

vote of 3-2, (Director Levitt and Ackerman voting against) the Board resolved to appoint Bill Dwinell to continue to serve as a non-member officer and attend Executive Session meetings, in addition to receiving a full Board Package. This decision is made against the recommendations of Association Counsel plus a second legal opinion, as well as against the recommendation of Associa-PCM, Association Managing Agent. In addition, Director Ackerman advised she will be recusing herself from any financial decisions at future Board Meetings.

Motion (failed) Upon a motion duly made, (Levitt) was a request for a formal resolution by the

Board of Directors that can be presented to the membership regarding the appointment of a non member officer, seconded, (Ackerman) and failed by a vote of 2-3. (Directors Shimizu, Tolentino and Zelinko voting against)

Laurel Tree Stump Removals Upon a motion duly made, (Levitt) seconded, (Zelinko) and passed

unanimously, the Board approved ValleyCrest Tree Care proposal to remove the remaining laurel tree stumps for the amount of $2,702.00 which is to be paid out of reserves.

Landscape Enhancements A discussion was held regarding the landscape enhancements approved at the

October meeting and the additional funds necessary to have a consistent uniform look throughout the main areas of the community. Upon a motion duly made, (Zelinko) seconded, (Tolentino) and passed unanimously, the Board approved ValleyCrest Landscape enhancement proposals for an additional $9,000.00 for a total amount of $49,000.00 to be paid out of landscape reserves.



NEW BUSINESS Parking Rules A discussion was held regarding making amendments to the existing parking

rules. By unanimous consent this item was tabled for further discussion until the January meeting. Director Zelinko volunteered to mark up a map displaying the areas where guest parking is more frequently utilized which is to be presented at the January meeting.

Gate Maintenance Responsibility A discussion was held regarding the maintenance of the exterior wooden gates

located on the back patio of each Residence. This was tabled for further discussion during the February meeting.

Street Sweeping A discussion was held regarding communicating with residents via e-blasts and

website updates on street sweeping days. Wood Pest Maintenance A discussion was held regarding wood pest maintenance inspections and

prevention with a suggested Evergreen policy to be reviewed and adopted by March 2016.

Inspections During Escrow A discussion was held regarding inspections during the escrow process which

include violations on the exterior property, as well as identifying any compliance issues for what this type of third party service would cost. Management was directed to research further and advise of costs and fees.

MANAGEMENT REPORTS The Board reviewed and filed the monthly management reports, which

consisted of the action list, site inspection, violation report, work orders, vendor reports, annual calendar and community map. No further action is required at this time.

ADJOURN There being no further business to come before the Board, the meeting was

adjourned at 8:49 pm. ATTEST _________________________________ _______________ Name Date


WEDNESDAY, OCTOBER 21, 2015


nonprofit mutual benefit corporation, held on Wednesday, October 21, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Tom Levitt, Member at Large Linda Ackerman, Member at Large

Directors Absent: Percy Tolentino, Vice President Andrew Zelinko, Secretary Officers Present: None Officers Absent: Bill Dwinell, Treasurer



CALL TO ORDER The meeting was called to order by Jim Shimizu, President at 7:24 pm. HOMEOWNER FORUM No homeowners were present. ANNOUNCEMENT An Executive Session Meeting was held prior to the General Session Meeting

on October 21, 2015 to discuss third party contracts, homeowner delinquencies, and personnel matters. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

AGENDA Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously, the Board resolved to move unfinished business agenda item B and new business item A to the motion consent calendar.


A. September 16, 2015 General Session Minutes as submitted.

B. September 2015 financial statements as submitted, subject to audit.

C. Notice to the Association Designation Update Official communication for the Association to be sent to the Association’s Community Manager, c/o Associa-PCM, 27051 Towne Centre Drive, Suite 200, Foothill Ranch, CA 92610.

D. Lien Resolution – Account #3210027



E. Draft Audit as prepared Inouye, Shively, Longtin & Klatt for the 2015

fiscal year.

F. Advanced Reserve Solutions, Inc. proposal to perform the 2016-2017 Reserve Study Update for the amount of $650.00.

Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously, the Board moved to approve consent calendar items A through F.

UNFINISHED BUSINESS Officer Appointment Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried by a

vote of 2-1, (Director Shimizu voting against) the Board resolved to obtain a second legal opinion from counsel in regards to having non-member Officers appointed to assist the Board of Directors.

Parking Rules Upon a motion duly made, (Shimizu) to amend the current parking rules

seconded, (Levitt) and failed by a vote of 1-2, (Directors Levitt and Ackerman voting against) as all Directors previously had the opportunity to make comments and suggestions when the rules were being revised earlier in the 2015 calendar year.

Guest Parking Sign Relocation Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried by a

vote of 2-1, (Director Shimizu voting against) the Board resolved to reduce guest parking from twelve (12) spaces to five (5) with three (3) spaces to be left at the south end of the community and two (2) spaces on the north end which is to be made effective January 2016. Director Levitt volunteered to track and monitor guest parking during the Holidays in order to determine if the five (5) spaces designated for guest parking is an adequate number of guest parking spaces within the community.

Landscape Proposals Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried by a

vote of 2-1, (Director Shimizu voting against) the Board resolved to forego irrigation conversions and commit up to $40,000.00 for replacing the diseased Photinia, Escalonia and Carpet Roses which is to be paid out of reserve account #2434, and to task the Landscape Committee Chair with making the final landscape enhancement selections. In addition, the Board approved ValleyCrest Tree Care Services proposal dated September 3, 2015 for the amount of $5,350.00 for community-wide tree trimming which is to be paid out of reserve account #2434-1007.

Slurry Seal Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously, the Board resolved to postpone the slurry seal until the 2016-2017 fiscal year per the Reserve Study.



Gate Maintenance Responsibility A discussion was held regarding the maintenance of the exterior wooden

gates located on the back patio of each Residence. As resolved by the Board in 2005 this was determined to be an owner maintenance responsibility, in addition to a legal opinion provided by Hickey and Petchul, LLP in 2014. Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried by a vote of 2-1, (Director Shimizu voting against) the Board resolved to classify the gates as a homeowner maintenance responsibility and reclassify all reserve funds assigned to gate reserve account #2461 to contingency reserve account #2408.

ARC Pre-approved Improvements and HOA vs. Owner Maintenance Items A discussion was held regarding several questionable items including

architectural pre-approved improvements, as well as Association and homeowner maintenance items. Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously the Board resolved to form an Ad-hoc Committee and appoint owners Michael Capsuto, Russell Droullard, and Bill Gomez to provide a draft list of architectural pre-approved improvements and maintenance responsibilities and provide recommendations at the January 2016 meeting. Director Levitt volunteered to serve as the chair for the ARC Pre-approved Improvements and Maintenance Responsibility Committee.

ADJOURN Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously the Board resolved to adjourn the meeting at 8:53 pm and move all incomplete items to next months agenda.

ATTEST _________________________________ _______________ Name Date


WEDNESDAY, SEPTEMBER 16, 2015


nonprofit mutual benefit corporation, held on Wednesday, September 16, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Percy Tolentino, Vice President Tom Levitt, Treasurer Andrew Zelinko, Secretary

Directors Absent: Linda Ackerman, Member at Large Officers Present: None Officers Absent: Bill Dwinell, Assistant Treasurer


Others Present: Three (3) Homeowners

CALL TO ORDER The meeting was called to order by Jim Shimizu, President at 7:10 pm. HOMEOWNER FORUM A Homeowner Forum was held. ANNOUNCEMENT An Executive Session Meeting was held prior to the General Session Meeting

on September 16, 2015 to discuss third party contracts and homeowner delinquencies. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

COMMUNITY WEBSITE By unanimous consent, this topic was moved forward on the Agenda from

New Business. Russ Droullard gave an update briefing on the status of the website. A discussion was held regarding updates to the community website www.EvergreenNorthpark.com which included discussion for various meeting topics and agendas, website presence, website content and important contacts. No further action is required at this time.


A. August 19, 2015 General Session Minutes as amended.

B. August 2015 financial statements as submitted, subject to audit.

Upon a motion duly made, (Levitt) seconded, (Tolentino) and passed unanimously, the Board moved to approve consent calendar items A through B.



ADJOURN TO EXECUTIVE Upon a motion duly made, (Levitt) seconded, (Tolentino) and passed

unanimously the Board resolved to adjourn the General Session at 7:47 pm to continue the remainder of unfinished business on the Executive Session agenda.

CALL TO ORDER The General Session meeting was called back to order by Jim Shimizu,

President at 8:10 pm. Agenda Arrangement Parking Rules Upon a motion duly made, (Levitt) was a request to move item D under

unfinished business to the front of the meeting agenda, for the benefit of the homeowners in attendance that have questions regarding the parking rules. The motion failed by a vote of 3-1 voting against.

UNFINISHED BUSINESS Officer Appointment A discussion was held regarding the appointment of Bill Dwinell as non a

member Officer to assist the Board. Management presented a legal opinion prepared by Hickey & Petchul LLP advising against such appointments of non members as they are not duly elected by the Membership. Upon a motion duly made, (Shimizu) seconded, (Tolentino) and carried by a vote of 3-1 (Director Levitt voting against) the Board resolved to allow Bill Dwinell to continue assisting the Evergreen Board of Directors as an Officer. Director Levitt strongly opposed against any non member Officer appointment as this goes against the advice of Association legal counsel.

Re-organizational Meeting Upon a motion duly made, (Shimizu) seconded, (Zelinko) and carried by a

vote of 3-1 (Director Levitt voting against) the Board resolved to reorganize the Board as follows:

President – Jim Shimizu

Vice President – Percy Tolentino Secretary – Andrew Zelinko Member at Large – Tom Levitt Member at Large – Linda Ackerman

In addition, the Board resolved to designate the Officer position for Bill Dwinell to serve as Treasurer.

Agenda Arrangement Parking Rules Upon a motion duly made, (Tolentino) seconded, (Zelinko) and passed

unanimously, the Board moved item D under unfinished business as the next topic on the meeting agenda, for the benefit of the homeowners in attendance having questions related to parking rules and guest parking.



Parking Rules A discussion was held regarding the parking rules frequently asked questions

and guest parking. Upon a motion duly made, (Zelinko) seconded, and passed unanimously, the Board resolved to adopt the Parking Frequently Asked Questions document as prepared by Director Levitt for posting to the community website. Additionally, Director Zelinko volunteered to prepare further information in regards to suggestions for guest parking at the following meeting.

ADJOURN Upon a motion duly made, (Levitt) seconded, (Tolentino) and passed

unanimously the Board resolved to adjourn the meeting at 8:55 pm and move all incomplete items to next months agenda.

ATTEST _________________________________ _______________ Name Date


WEDNESDAY, AUGUST 19, 2015


nonprofit mutual benefit corporation, held on Wednesday, August 19, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Percy Tolentino, Vice President Tom Levitt, Treasurer Andrew Zelinko, Secretary

Linda Ackerman, Member at Large Directors Absent: None Officers Present: Bill Dwinell, Assistant Treasurer

Representing Associa-PCM: Colton Salinger, CMCA® Community Manager

Others Present: Two (2) Homeowners

CALL TO ORDER The meeting was called to order by Jim Shimizu, President at 7:18 pm. ANNOUNCEMENT An Executive Session Meeting was held prior to the General Session Meeting

on August 19, 2015 to discuss homeowner delinquencies and payment plans. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

MEETING ADJOURNMENT A discussion was held regarding adjourning the meeting at a time not to

exceed two (2) hours per meeting. Upon a motion duly made, seconded, and carried by a vote of 4 to 1 the Board voted in favor of adjourning the meetings by 8:30 pm with any items of unfinished business carried over to the following meeting agenda in the same order of that months agenda.

HOMEOWNER FORUM A Homeowner Forum was held. MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. July 15, 2015 General Session Minutes as amended and July 15, 2015 Organizational Minutes as submitted.

B. July 2015 financial statements as submitted, subject to audit.

Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously, the Board moved to approve consent calendar items A through B.



UNFINISHED BUSINESS Re-organizational Meeting A discussion was held to hold a reorganizational meeting for the Directors

and Officers for the corporation known as Evergreen Community Association. Upon a motion duly made, (Shimizu) seconded, (Zelinko) and failed by a vote of 3-2 against the reorganizational meeting was not held pending further information from legal counsel as to the appointment of non Member Officers.

Officer Appointment A discussion was held to appoint Bill Dwinell as non member Officer to assist

the Board as permitted in the Evergreen Bylaws. Management discussed with the Board a legal opinion provided by Association counsel advising against appointing non member Officers who are not duly elected by the Membership. Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried by a vote of 4-1, (Director Shimizu voting against) the Board resolved to postpone the discussion until the following meeting and directed management to contact legal counsel for additional information in writing as to the basis of their opinion.

Clarification of Parking Rules The Board discussed the existing parking Rules currently in place for

Evergreen and the limitations on guest parking. Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously, the Board resolved to postpone further discussion until the following meeting.

Wall and Wrought Iron Repairs The Board reviewed three (3) proposals to repair damaged sections of the

block wall and wrought iron fence along the western boundary of Evergreen. A discussion was held regarding the proposals and preparing a Question and Answer document for the vendors. Management was directed to provide a bidder questionnaire to those bidding with further discussion to take place at the following meeting, in addition to vendor interviews with the Board.

Gate Maintenance and Responsibility Upon a motion duly made, seconded, and passed unanimously the Board

resolved to table further discussion until the September meeting. Post Contractor Evaluation Director Levitt presented a post contractor review and evaluation sheet to the

Board. Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously the Board resolved to adopt the document as amended.

Landscape Proposals Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously the Board resolved to stump grind the two (2) extra large Laurel Tree stumps on the property as provided by ValleyCrest Landscape Maintenance for the amount of $296.00.



ADJOURN Upon a motion duly made, (Levitt) seconded, (Tolentino) and passed

unanimously the Board resolved to adjourn the meeting at 8:37 pm and move all incomplete items to next months agenda in the order presented.

ATTEST _________________________________ _______________ Name Date


WEDNESDAY, JULY 15, 2015


nonprofit mutual benefit corporation, held on Wednesday, July 15, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Percy Tolentino, Vice President Tom Levitt, Treasurer (out at 8:39 pm.) Andrew Zelinko, Secretary

Linda Ackerman, Member at Large (by phone - out at 7:24 pm.)

Directors Absent: None

Representing Associa-PCM: Colton Salinger, CMCA® Community Manager

Others Present: Two (2) Homeowners


on July 15, 2015 to discuss homeowner delinquencies. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

HOMEOWNER FORUM A Homeowner Forum was held. (Director Ackerman’s connectivity failed at 7:24 pm.) MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. May 20, 2015 General Session Minutes as submitted.

B. June 2015 financial statements as submitted, subject to audit. Reserve reinvestment for $115,000.00 at Comerica maturing on August 13, 2015 to reinvest in a 24 month CD at the best rate possible. Invoices from The Judge Law Firm, invoice #652900051506 dated June 12, 2015 for the amount of $7,243.42 and Hickey & Petchul, LLP invoice #32023 dated February 28, 2015 for the amount of $954.00.

Upon a motion duly made, (Tolentino) seconded, (Zelinko) and passed unanimously, the Board moved to approve consent calendar items A through B. Director Levitt noted absence of Minutes from the June Executive meeting.



UNFINISHED BUSINESS Clarification of Parking Rules The Board discussed the existing parking Rules currently in place for

Evergreen. Due to some of the various homeowner inquiries related to Rules and Regulations Section VII. Which pertains to Motor Vehicle Regulations, Director Levitt volunteered to prepare a draft Frequently Asked Questions document for review and comment by the Board during the August meeting. Upon a motion duly made, (Tolentino) seconded, (Zelinko) and passed unanimously, the Board resolved to appoint Director Levitt to prepare the draft FAQ which is to be reviewed and discussed during the following meeting.

Parking Enforcement The Board reviewed a draft permit decal parking program as provided by The

Centurion Group. Upon a motion duly made, (Levitt) seconded, (Tolentino) and passed unanimously, the Board resolved to table further discussion until the August meeting.

Wall and Wrought Iron Repairs The Board reviewed three (3) proposals to repair damaged sections of the

block wall and wrought iron fence along the western boundary of Evergreen. Upon a motion duly made, (Tolentino) seconded, (Zelinko) and passed unanimously the Board resolved to table further discussion until the August meeting to schedule contractor interviews and prepare for a Question and Answer session with the vendors at the following meeting.

(Director Levitt excused himself from the meeting at 8:39 pm.) Gate Maintenance and Responsibility Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed

unanimously the Board resolved to table further discussion until the August meeting.

Post Contractor Evaluation Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed


NEW BUSINESS Officer Duty The Board reviewed the Bylaws Article V, Section 5.5 through 5.8 to discuss

the various Officer duties. No further discussion was held. Officer Appointment Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed

unanimously the Board resolved to appoint Bill Dwinell to serve as Assistant Treasurer.

Landscape Proposals The Board reviewed various landscape enhancement proposals throughout

the community as recommended by ValleyCrest and the Landscape Committee. Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed unanimously the Board resolved to table further discussion until the August meeting.



ARC Pre-Approved Improvements Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed


HOA and Owner Maintenance Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed


Guest Parking Sign Removal Upon a motion duly made, (Shimizu) seconded, (Zelinko) and passed





adjourned at 8:54 pm. ATTEST _________________________________ _______________ Name Date _________________________________ _______________ Name Date


WEDNESDAY, MAY 20, 2015


nonprofit mutual benefit corporation, held on Wednesday, May 20, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Linda Ackerman, Vice President Tom Levitt, Secretary Guillermo Gomez, Member at Large Bernard Wieners, Member at Large Directors Absent: None Officers Present: None Representing PCM: Colton Salinger Community Manager

Others Present: Michael Berg, Berg Insurance Agency Two (2) Homeowners


on May 20, 2015 to discuss member enforcement and collection matters. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

HOMEOWNER FORUM A Homeowner Forum was held. MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. April 15, 2015 General Session Minutes as submitted.

B. April 2015 financial statements as submitted, subject to audit.

Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously, the Board moved to approve consent calendar items A through B.



UNFINISHED BUSINESS Earthquake Insurance Michael Berg of Berg Insurance Agency was in attendance for the meeting to

discuss coverage options for earthquake insurance at Evergreen Community. Due to the additional unplanned expense amount with such a policy the Board discussed options to further review at a later date. Upon a motion duly made, (Levitt) seconded, (Gomez) and passed unanimously, the Board resolved to hold a planning session and insurance presentation for the membership during the January 2016 General Session Meeting, to determine the desirability and viability for the aforementioned insurance coverage.

2016 Draft Budget The Board reviewed version 2 of the draft budget and annual policy

statement cover letter as presented for the 2016 fiscal year. Due to added maintenance items determined in the CC&R’s additional reserve components have been added to the Reserve Study as requested by the Board. Management recommended an increase of $14.00 or 9.59% to the average monthly assessment based on actual operating expenses and the current Reserve Study. Upon a motion duly made, (Levitt) seconded, (Gomez) and passed unanimously, the Board approved the 2016 budget and annual policy statement as amended, for mail out to the membership with a 5% increase to the average monthly assessments and the decrease to be split proportionately amongst the reserve funding budget line items.

Annual Meeting Event Planning The Board discussed plans for the upcoming Annual Meeting and

membership event scheduled for June 17, 2015. Due to the extent of the preparation required, the Board determined this event would be more suitable for the 2016 Annual Meeting to allow for the additional planning and preparation for such an event, as it was determined May is not early enough to schedule and plan the event. The Board determined March 2016 would be more suitable for the event planning.

Rules and Regulations Upon a motion duly made, (Ackerman) seconded, (Gomez) and carried by a

vote of 4-1 (Director Shimizu voting against), the Board moved to approve the revised Rules and Regulations which had been previously sent out to the membership for the required thirty (30) day comment period per Civil Code.

Post Contract Evaluation A discussion was held regarding the Board adopting a contractor

performance evaluation sheet for the many vendors which service Evergreen Community. Such information would include but is not limited to, worker conduct, project cleanliness, adherence to schedule, quality of work and materials, etc. This document would become an informational tool to look back on past projects for resources available to current and future Board Members. Director Levitt distributed a pro-forma sheet for the Directors to review and submit any changes or additions before the next meeting.



NEW BUSINESS Evergreen Web Presence Evergreen homeowner Russ Droullard was in attendance for the meeting to

discuss a startup community website to get Evergreen Community web presence. It was announced that the community url is registered as www.EvergreenNorthpark.com where owners can view community news, events and obtain various Association documents. Management was directed to obtain a prepaid Visa business card for routine website maintenance expenses in the amount of $750.00.

Fiscal Year 2015 Accomplishments A discussion was held regarding the various accomplishments and

improvements made during the 2015 fiscal year at Evergreen Community. Director Levitt volunteered to prepare some bullet points for inclusion in the July Newsletter. The discussion concluded that a list of accomplishments should be tallied and distributed to owners for improved communication and inclusion in the Annual Policy Statement.

Rodent Control Bait Stations A discussion was held regarding the bait stations throughout Evergreen

Community which are serviced monthly by Newport Exterminating. Based on an aerial map provided by the vendor showing the locations of the thirty (30) rodent bait stations, it was determined that seven (7) of the bait station service locations are not within Evergreen Community but under Northpark Maintenance responsibility. Management was directed to notify Newport Exterminating to have the seven (7) bait stations in question removed from the current service contract.

Standard Operating Procedures The Board reviewed the existing Standard Operating Procedures log adopted

March 23, 2015 which proposed the addition of two (2) new procedures. Upon a motion duly made, (Levitt) seconded, (Gomez) and passed unanimously, the Board approved the additional procedures which include adopting Robert’s Rules of Order as the followed form of Parliamentary Procedure and increasing the annual member dues by at least 4% during the annual budget preparation (effective fiscal year 2017) in order to keep pace with the historical inflation averages.

Wood Pest Inspections A discussion was held regarding the frequency and preferred vendor

used for termite inspections. The discussion concluded that the properties within Evergreen are aging and will soon be experiencing damage due to wood pests. It was recommended this item be added to the Annual Calendar for further discussion during the fall.

http://www.evergreennorthpark.com/



Architectural Application The Board reviewed the following Architectural Application as prior approval

was not obtained by the ARC for the improvement mentioned below. 15 Mineral King Upon a motion duly made, (Gomez) seconded, (Ackerman) and carried, the

Board approved the application submitted for the installation of a skylight solar tube in the roof of the Residence as a temporary non-confirming variance, which is to be removed and restored to its original condition upon sale or transfer of the property. In addition, as part of the temporary approval the Board required a legal release with the owner being required to bear any legal filing fees. Director Levitt abstained from this motion.






WEDNESDAY, APRIL 15, 2015


nonprofit mutual benefit corporation, held on Wednesday, April 15, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Linda Ackerman, Vice President Tom Levitt, Secretary Bernard Wieners, Member at Large Directors Absent: Guillermo Gomez, Member at Large Officers Present: Bill Dwinell, Treasurer Representing PCM: Colton Salinger Community Manager



on April 15, 2015 to discuss member enforcement and collection matters. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

HOMEOWNER FORUM No homeowners were present. MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. March 23, 2015 General Session Minutes as submitted.

B. March 2015 financial statements as submitted, subject to audit.

Upon a motion duly made, (Levitt) seconded, (Ackerman) and carried, the Board moved to approve consent calendar items A through B (Director Shimizu abstained).



UNFINISHED BUSINESS Reserve Study The Board reviewed Version 2 of the Reserve Study as prepared by

Advanced Reserve Solutions, Inc. for the 2016 fiscal year. Officer Dwinell explained in detail the reserve components revisions and recommendations in version 2 of the Reserve Study.

(Officer Dwinell excused himself from the meeting at 7:47 pm) Upon a motion duly made, (Ackerman) seconded, (Levitt) and passed

unanimously, the Board approved version 2 of the Reserve Study to use with preparations in the 2015/2016 fiscal year budget.

Mulch Proposal Upon a motion duly made, (Ackerman) seconded, (Levitt) and passed

unanimously, the Board moved to approve ValleyCrest Landscape Maintenance proposal for community-wide mulching in the amount of $2,000.00. This proposal was accepted as amended to exclude mulching of the planters containing Photinia and Escallonia.

Parking Enforcement The Board reviewed the Issue Paper as provided by Director Levitt and

discussed possible solutions to dealing with the limited parking available in Evergreen. Upon a motion duly made, (Levitt) seconded, (Wieners) and carried by a vote of 3-1 (Director Shimizu voting against) The Board approved to mail out a parking enforcement letter reminder with the existing parking rules enclosed and mailed out to owners and residents during May 2015. Director Levitt volunteered to draft the cover letter.

File Management The Board discussed records retention due to the recurring cost of having

offsite file storage with a current count of seventeen (17) boxes located in storage. Upon a motion duly made (Levitt), seconded (Ackerman), and passed unanimously, the Board approved to convert the existing Association Archives into a digital format which is preferably searchable, using Optical Character Recognition.

NEW BUSINESS Wall Maintenance Proposal Management previously contacted Northpark Mainenance Association for a

recommendation on the preferred vendor used by Northpark for block wall and wrought iron maintenance. Northpark suggested contacting BCB Construction, Inc. for the maintenance as described. The Board reviewed the proposal as provided by BCB Construction, Inc. to repair damaged sections to the block wall and wrought iron fence along the western boundary of Evergreen. This item was tabled for further discussion during the May meeting until additional options for repairs can be explored and additional proposals can be reviewed by the Board.



Earthquake Insurance This was added to the agenda for discussion as requested by the Board.

Management submitted a request for bids through the Association’s insurance provider, Berg Insurance Agency. Due to the time the request was made by the Board no offers were provided at the time of the April Meeting. This item was tabled for further discussion during the May Meeting when a comprehensive offer can be reviewed by the Board.

Board Emails A discussion was held regarding allowable email communications amongst a

quorum of the Board of Directors. As two (2) new directors have been appointed to the Board management discussed the restrictions pertaining to this as defined in California Civil Code §4090 using email in non emergency situations.

Gate Discussion The Board reviewed a legal opinion dated February 18, 2014 opined by

Hickey & Petchul, LLP regarding the maintenance responsibility for the exterior wooden gates located on the properties. This item was tabled for further discussion during the July Meeting.

Audit Proposal Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously, the Board approved Inouye, Shively, Longtin & Klatt to perform the Association’s year end audit for the 2015 fiscal year for the amount of $1,000.00.

2016 Draft Budget The Board reviewed the draft budget as presented for the 2016 fiscal year.

Due to changes in the reserve study requiring additional reserve components are properly funded and increased budget items for routine maintenance expenses, management recommended an increase of 10.95% increasing the average monthly assessment from $147.82 to $164.00 per month. This item was tabled for further discussion during the May Meeting.

Architectural Applications The Board reviewed the following Architectural Applications as prior approval

was not obtained by the ARC for various improvements mentioned below. 9 Three Rivers Upon a motion duly made, (Ackerman) seconded, (Levitt) and passed

unanimously, the Board approved the application submitted for a short panel garage door with the condition it is painted the following color: Paint Specification Vista 9800 Protec Alkyd Emulsion Semi-Gloss Enamel

Paint Color Code ICI 416 Sandy Cove

21 Crescent City The Board reviewed the application submitted requesting a variance to have

a satellite antenna installed on the chimney of the property. The Board denied the application and requested the antenna be removed or relocated so that it does not cause damage to the exterior of the Residence.


MONDAY, MARCH 23, 2015


nonprofit mutual benefit corporation, held on Monday, March 23, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Linda Ackerman, Vice President Tom Levitt, Secretary Bernard Wieners, Member at Large Guillermo Gomez, Member at Large Directors Absent: None Officers Present: Bill Dwinell, Treasurer Representing PCM: Colton Salinger Community Manager

Others Present: Grant Davis, The Davis Company LLC

CALL TO ORDER The meeting was called to order by Jim Shimizu, President at 6:44 pm. HOMEOWNER FORUM No homeowners were present. MOTION CONSENT CALENDAR The Board reviewed the following Consent Calendar items for approval.

A. January 27, 2015 General Session Minutes as submitted.

B. February 2015 financial statements as submitted, subject to audit.

C. Management Contract Authority

Upon a motion duly made, (Ackerman) seconded, (Levitt) and carried, the Board moved to approve consent calendar items A through B (Wieners and Gomez abstained). Item C was approved as a separate discussion to increase management’s contract authority from $500.00 to $750.00 as amended in Article II. Section 2.4 item 3 of the existing Management Agreement between Evergreen Community Association and Professional Community Management.



NEW BUSINESS Ratification of Officer Position It was brought to management’s attention Bill Dwinell may no longer meet the

minimum qualifications to serve on the Evergreen Board of Directors. Upon a motion duly made, (Shimizu) seconded, (Ackerman) and passed unanimously, the Board resolved to appoint Bill Dwinell as an officer of Evergreen allowing him to act as Treasurer for the Association with a term valid through June 2015; the same as the director appointments. The Board further requested signing authority is revoked from Officer Dwinell.

Board Member Appointment Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously, the Board moved to appoint Bernard Wieners and Guillermo Gomez to the Evergreen Board of Directors to both serve as Member at Large with terms valid through June 2015.

Annual Meeting Social Event The Board discussed planning the 2015 Annual Meeting as part of a

community-wide social event for Evergreen. Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed unanimously, the Board approved to fund $50.00 towards the 2015 Annual Meeting Social Event. Directors Levitt and Ackerman volunteered to reach out to existing contacts for possible participants, and management to reach out to community vendors for possible sponsorship opportunities towards food and beverages.

Perimeter Wall Maintenance Grant Davis of The Davis Company LLC was in attendance for the meeting to

discuss wall and wrought iron maintenance within the community along the western boundary perimeter wall of Evergreen. Grant pointed out some of the benefits of using a third party vendor such as The Davis Company to provide services for survey and assessment, contractor oversight, bidding and negotiations, and construction administration.

The Board directed management to contact Northpark Maintenance

Association and determine the preferred vendor used by Northpark for block wall and wrought iron work, and to solicit for one (1) bid to provide a detailed scope of work for repairs along the perimeter boundary of Evergreen. The proposal is then to be reviewed by the Board to determine the approximate costs for repairs prior to further discussion and decision.

Reserve Study The Board reviewed Version 1 of the Reserve Study as prepared by

Advanced Reserve Solutions, Inc. for the 2016 fiscal year. The Board resolved to form a Reserve Study Committee and appoint the acting Treasurer as Chair to work with the Reserve Analyst and make recommendations to the Directors for any necessary revisions to the current study.

ADJOURNMENT The General Session was temporarily adjourned at 8:00 p.m. CALL TO ORDER The General Session meeting was called back to order at 8:18 p.m.



Architectural Applications The Board reviewed the following Architectural Applications as prior approval

was not obtained by the ARC for various improvements mentioned below. 21 Roseville Upon a motion duly made, (Levitt) seconded, (Gomez) and passed

unanimously, the Board approved a temporary non-conforming variance to remove a section of the perimeter wall located on their lot to replace with a wrought iron gate. In addition to the gate improvement, the Board approved a similar temporary variance for a flood light installation on the exterior of the residence. The Board stipulated the temporary improvements must be removed and the property restored to its original condition when the property is sold or transferred.

23 Roseville Upon a motion duly made, (Levitt) seconded, (Ackerman) and passed

unanimously, the Board approved a temporary non-conforming variance to remove a section of the perimeter wall located on their lot to replace with a wrought iron gate. The Board stipulated the temporary improvement must be removed and the property restored to its original condition when the property is sold or transferred.

Landscape Proposals The Board reviewed a proposal for much throughout the community as

provided by ValleyCrest Landscape Maintenance. The item was referred to the Landscape Committee to make a recommendation at the April Meeting.

UNFINISHED BUSINESS Parking Enforcement The Board reviewed the existing Rules and Regulations pertaining to motor

vehicles within the community. Director Levitt presented an Issue Paper to the Directors for their review prior to discussion at the April Meeting.

Standard Operating Processes and Procedures Director Levitt presented an Administrative Resolution regarding Standard

Operating Procedures. Upon a motion duly made (Levitt), seconded (Ackerman), and passed unanimously, the Board resolved to develop and adopt operational guidelines for the Directors and Managing Agent.

Draft Rule Changes Counsel Edits The Board discussed the redlined changes to the draft rules as edited by

Hickey & Petchul, LLP. The Board moved to approve as amended to reflect minor changes in verbiage and grammar. Management is to distribute the draft rules as required for the thirty (30) day comment period per Civil Code.


TUESDAY, JANUARY 27, 2015


nonprofit mutual benefit corporation, held on Tuesday, January 27, 2015 at the Northpark Conference Room, 10 Meadow Valley, Irvine, California.


placed in the common area at least four days prior to the meeting. PRESENT Directors Present: Jim Shimizu, President Linda Ackerman, Vice President Bill Dwinell, Treasurer Tom Levitt, Secretary Directors Absent: One (1) vacant position Representing PCM: Colton Salinger Community Manager



on January 27, 2015 to discuss homeowner hearings and delinquencies. This meeting was closed to the membership per Civil Code sections 4925 (a) and 4935 (a).

HOMEOWNER FORUM No homeowners were present. MOTION CONSENT CALENDAR Upon a motion duly made, (Levitt) seconded, (Dwinell) and passed

unanimously, the Board approved the consent calendar items:

A. December 17, 2014 General Session Minutes as submitted.

B. December 2014 financial statements as submitted, subject to audit. The Board resolved to reclassify ValleyCrest Tree Care Services invoice #4645625 for the amount of $3,185.00 to reserve account 2434 1006.

UNFINISHED BUSINESS Architectural Standards Upon a motion duly made, (Ackerman) seconded, (Levitt) and carried, The

Board approved revisions to the existing Rules, Regulations and Architectural Control Standards as prepared in the draft dated November 19, 2014 (Director Shimizu opposed). The draft is to be reviewed by the Association’s attorney prior to mailing to the membership for the thirty (30) day comment period as required by California Civil Code.


TUESDAY, JANUARY 27, 2015

Standard Operating Procedures A discussion was held regarding creating standard policies and procedures

for Evergreen to establish a list of guidelines, project checklists, agenda topics and discussions, etc. Director Levitt offered to provide a “starter list” of procedures and guidelines for the Board’s consideration. This item was tabled for further discussion during the March meeting, to allow the Board additional time to provide suggestions for these items.

Maintenance Responsibility A discussion was held regarding perimeter wrought iron maintenance of the

western boundary wall at Evergreen. Under review of Northpark CC&R’s Article VII, Section 7.11 this component had originally been deemed as maintained by Northpark Maintenance Association, however after closer review of Evergreen Supplemental Declaration Phase 3, the Board determined this area of maintenance was annexed to Evergreen Community. Management was directed to assign a project manager, who is also a licensed contractor, to provide a scope of work and solicit bids for the necessary wrought iron repairs along the perimeter fencing.

NEW BUSINESS Document Storage The Board reviewed the file list for the seventeen (17) boxes currently in

storage. Management provided a records retention guide and timeline schedule for file storage. This item was tabled for further discussion as Directors Levitt and Ackerman volunteered to provide suggestions and recommendations back to the Board at a future meeting.

Irrigation Discussion The Board discussed recent water usage spikes and the potential costs for a

new irrigation system. Management was directed to notify the Reserve Analyst to begin reserving accordingly for this component as there is not currently a reserve funding contribution for this category.





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