::: COMMUNITY NEWS

Development opponents say 1972 document could thwart developer's plans

Published Monday, August 25,, 2003

Could a long-ago planning document bring a halt to development in Rancho Murieta? That was the possibility Candy Chand, an opponent of the development planned by developer Murieta Holdings, suggested at Tuesday's Rancho Murieta Association board meeting.

The single-page document from 1972 that Chand presented to the board shows a development envisioned for Rancho Murieta consisting of 2,500 detached, single-family homes on 1,000 acres; 1,500 cottages on 300 acres, and 500 townhouses and 500 apartments on 75 acres for a total of 5,000 housing units and 1,216 acres of open space.

Hand-printed across the top of the document is "Rancho Murieta Environmental Impact Statement November 22, 1972." (See the document here.) At the bottom of the page, it's identified as Table 2 -- Land Use at Rancho Murieta.

Chand said the document was unearthed by other opponents of the Murieta Holdings development planned for the North as they sifted through county planning documents recently. Terry Hanson and Tom Brierton turned the document over to her because of her interest in open space issues, Chand explained.

Other meeting news

Report on bridge ordinance

CC&Rs and dues increases

Budget workshop

CCPAC needs members

New committee members approved

Board candidates' filing deadline

Interested in a Halloween dance for teens?

Expenditures

The 1,216 acres of open space specified in the table excludes the golf courses, lakes, parks and recreation areas.

"When you look at it you see that they intended to squeeze in 5,000 dwelling units … on 1,525 acres. They were planning to cluster them very tightly together, and they were providing for the oaks, the wildlife and all that," she told the board.

Chand said county planning officials she's contacted have told her that they are unfamiliar with the document. Further research would have to be done to see whether it had been amended at some point, she said.

"It's very possible, according to the county, that this was never, ever addressed," she said.

Chand said she's learned that there are "probably 200 to 300 acres" of open space in the community at present, excluding the golf courses, parks and lakes, "which still leaves us shy of 900 to a thousand acres of open space."

Of the 3,500 acres that make up Rancho Murieta, about 1,000 acres are still undeveloped, she noted. "It looks like the developer may have a few thousand more homes he's allowed to build, but he may not have the property to put them on," she concluded.

Chand urged the board to follow up on the matter to see if this is actually the case. "This could give you a strong bargaining tool in dealing with the developers," she said.

Her presentation drew loud applause from the audience of about 20 residents.

Several days after the meeting, RMA General Manager Greg Vorster said the association is pursuing the issue and has contacted the county.

The following are other matters discussed at the monthly directors meeting.

Report on bridge ordinance

RMA President Michael Schieberl reported on the county Board of Supervisors' approval earlier in the day of an interim ordinance for a $1.5 million bridge connecting the north and south parts of the community.

The ordinance replaces an ordinance requiring the South developer to provide a river crossing before the 601st building permit was released by the county.

South developer Reynen & Bardis received the 600th building permit several months ago and the county has held firm on not releasing the 601st until the crossing requirement was settled.

The supervisors revisit the interim ordinance in 45 days. At that time, they could grant a 10-month, 15-day extension. The goal is to replace the interim ordinance with a permanent ordinance during that period of time.

"A permanent ordinance will be established to further clarify and solidify the interim ordinance," Schieberl explained.

The supervisors also approved a funding agreement for the bridge negotiated by the RMA, the county and Reynen & Bardis.

These are the deal points:

  • The agreement calls for Reynen & Bardis to make a cash payment of $450,000 to the county to hold for the RMA within three business days of the supervisors' approval of the interim ordinance.
  • This non-refundable payment allows Viking Construction, the contractor chosen by the RMA, to begin the design and permitting phases of the bridge project.
  • Reynen & Bardis will also provide a letter of credit to the county to guarantee payment of the balance of the $1.5 million at the same time it provides the $450,000 cash down payment.
  • The RMA will act as project manager and accept responsibility for obtaining the permits and approvals for the bridge.
  • Funds for the project will be dispensed by the Parks Committee, which has five voting members -- two RMA directors, one Community Services District director, and two developer representatives. According to Director Elliot Sevier, the bridge will be built the same way the parks have been. The Parks Committee approves and funds projects, and the RMA owns and maintains once they're built.
  • A fee of $850 per unit will be levied on new development for the remainder of the $1.5 million. This provision effectively shifts the burden of payment from the South developer to the North developer. The money would go into a fund maintained by the county and would be used to reimburse Reynen & Bardis for any costs it pays beyond its initial $450,000 payment.
  • If the RMA doesn't secure approvals for the bridge by August 2008, Reynen & Bardis would pay off the remainder of the $1.5 million, minus any funds in the bridge construction account.

The money would then be available to fund alternative projects. Those projects would have to be in keeping with the intent of the river crossing ordinance "to provide access to RMA parks and facilities to all residents of Rancho Murieta," and would be subject to approval by the county.

Responding to a resident's comment about the lack of public discussion of the bridge design and location, Schieberl said the design was "conceptual" at this point and acknowledged he chose the location (off Bridge House Lane in the Fairways and near the 3rd tee on the South Course) in part because of access routes that are or will be owned by the RMA, he said.

Director Michael Burnett pointed out that access options are "severely limited" since most points of access to the river are on property leased to the Country Club by the Pension Trust Fund of the Operating Engineers. "We've not gotten any cooperation from the Country Club for any access to the river that even comes close to their property," Burnett said.

Director Elliot Sevier said there would be opportunity for public input about the bridge during the permitting process.

"Right now, the goal is to build the bridge," he said, adding that he believes "We're going to get there."

CC&Rs and dues increases

The community's Covenants, Conditions and Restrictions and a proposed budget increase to change them generated some heat at Tuesday's meeting.

Resident Bobbi Belton characterized President Michael Schieberl as "hell bent on changing the CC&Rs." She was one of several residents who objected to a special assessment proposed for next year's budget to fund a rewrite of the CC&Rs. The $2.80-per-month special assessment for members would be in addition to the 19.2-percent dues proposed in a draft budget. (See her comments in Community Views.)

As reported on RanchoMurieta.com, Schieberl has developed an "out of the box" way to put revised CC&Rs out for a vote. His proposal would divide the ballot into two parts. One part would be stock CC&R provisions that satisfy legal requirements. The other section would be all the additional lifestyle provisions tailored to Rancho Murieta.

Those provisions -- driveway parking, paint colors, basketball standards and custom homes are some of the possibilities mentioned by Schieberl -- would be individual items. Each would require approval by 60 percent of the community to become a CC&R.

On the other hand, a vote for any of the individual items would be counted as a vote for the stock CC&Rs on the other section of the ballot and a vote for the overall replacement of existing CC&Rs.

Schieberl said RMA counsel delivered an opinion on his plan a few months ago and found it viable.

Unlike other board members, the RMA president is able to seek a legal opinion independently. In this case, the legal opinion Schieberl sought cost about $250, he told RanchoMurieta.com.

Belton reacted strongly to a comment Schieberl made at the Finance Committee where the draft budget was reviewed. In response to committee member Alan Klaus' observation that the proposed budget increase and the special assessment would be hard to sell to the membership, Schieberl had replied, "I only have to convince three other board members."

That exchange was reported on RanchoMurieta.com in the coverage of the Finance Committee meeting. (A recording of that exchange can be heard here.)

At Tuesday's meeting, Schieberl said, in response to Belton, "What I'm saying is, I am speaking for myself at this point in time."

After Belton concluded her comments and was applauded by the audience, resident Mike Martel addressed the board, saying the association should "enforce the CC&Rs instead of changing them," and characterized Schieberl's plan as "changing the rules by the opposite of a majority." He also criticized the proposed budget increase.

Even without a CC&R rewrite, it appears there are some changes coming soon.

Wilbur Haines, husband of Director Pamela Haines, followed up on his formal complaint to the board about driveway parking regulations by reminding the board of the deadline for responding.

Haines asserts that members with three cars are entitled to park the third in the driveway without RMA permission and without going through the compliance procedure created by the association.

Schieberl told him, "We are in deliberation on that issue" and a reply is expected at the September board meeting.

Later in the meeting, Schieberl pointed out a seeming contradiction in the CC&Rs regarding parking unauthorized vehicles such as RVs in the community.

Sevier suggested "lumping together" that issue with the driveway parking issue and sending them to the Governing Documents Committee for discussion.

The committee meets this Tuesday at 9 a.m. at the RMA Building.

Sevier said a legal opinion on these issues would be available in time for the September board meeting.

"One thing I want to say is …in dealing with this whole area of parking and the CC&Rs -- and mind you, I'm a lawyer saying this -- there is not clarity by any stretch. I would like to boot the person in the rear who drafted them. … These are very difficult rules to interpret and enforce … because they're contradictory at times," Sevier said.

"We've got some problems with those CC&Rs, but do we have to fix them tomorrow? I'm not sure about that," he said.

Jim Owens' issue with the CC&Rs was about not being able to ride his motorcycle to his home on the North. "All I want to do is take it home," he told the board plaintively several times.

Director Elliot Sevier said a variance on "an individualized basis" could be in the works. "Stay tuned," he advised.

Budget workshop

The budget workshop will be held Saturday, Sept. 13, from 8 a.m. to noon at the RMA Building. The draft budget that will be discussed at the workshop proposes a 19.2 percent increase in dues that would take them to $120.98 and a special assessment of $2.80 a month for rewriting the CC&Rs.

Treasurer Elliot Sevier said this budget is "not written in stone."

CCPAC needs members

The Cosumnes Community Advisory Council is looking for new members -- seven or eight of them. CCPAC member and resident John Kershaw made the request at the RMA meeting. CCPAC is an advisory group to county planning that offers the community the opportunity to participate in the planning process at the grassroots level. All members are volunteers. The group meets once a month. Contact Sheryl Lenzie of the county planning department for more information at 874-6141.

New committee members approved

The board approved adding Earl Gorton and Wilbur Haines to the Governing Documents Committee as members. June Koefelda joins as an alternate.

Board candidates' filing deadline

There is a Sept. 12 filing deadline for candidates for the two board seats that are up for election this November. The terms of Elliot Sevier and Donna Newell expire this year. The date of record for the election is Oct. 10, and the Annual Meeting, where the election takes place, is set for Nov. 18 at the Country Club. Candidate applications are available at the RMA.

Interested in a Halloween dance for teens?

If there is enough interest, the RMA Facilities/Recreation Committee will hold a dance party for teens on Halloween at the RMA Building. Contact the RMA at 354-3500 if you are interested.

Expenditures

The board approved spending $84,356 for general insurance policy premiums covering liability, property, umbrella coverage, crime coverage, directors and officers liability, and commercial vehicles policies.

Treasurer Elliot Sevier described it as a "hefty increase" over last year's premiums, which totaled $66,703.

He added that the increase will be reflected in the dues, which were hit by increases in worker's compensation insurance cost increases last year.

The board accepted a bid of $272,494 from Delta Construction for road repairs this year. That figure is under the $350,000 that was reserved for the work in this year's budget.

The board approved a $7,000 expenditure of funds from cable system improvements reserves to replace deteriorated direct-laid coaxial cable on Puerto Drive that provides service to about 10 homes, according to Cable TV Manager Doug Mack.



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