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Can Clementia water be treated to allow swimming AND drinking?

I have previously heard the claim that at build-out, Lake Clementia will stop allowing swimming or other body contact. I suggest that CSD look at other communities, especially in the Bay Area, as they allow their holding lakes to have public use, including body contact. Is there some deficiency in RM water treatment that mandates such restrictions? Animal excretions and contaminations are very predominant in our present drinking water lake, so what is unique about human "contamination"?

-- Jerry Pasek, December 17, 2002

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The development agreement gives away our rights and privileges

I sincerely appreciate RMA Director Mike Burnett for taking the time to read and respond to the community's concerns in this forum. However, I believe the main point people have been trying to make by citing our governing documents is that we do not want our association signing any mutual benefit agreement which basically grants the other party most of our rights and privileges except the right to vote.

The subject of annexation becomes a moot point once the agreement is made. Why would they want to join our association if they already get every benefit other than voting rights? Why would we want them in our association if their homes do not meet our architectural rules and conditions? What is the point in having rules if nobody has to follow them and are able to "avoid" them until they decide to "join" us?

According to the MBA, they would already be paying our dues. I do not see any benefit to either of the entities. The only reason for the MBA is because the developer needs our amenities to draw home buyers way out here and does not wish to be hampered by our governing documents.

The MBA appears to be a surreptitious way for the developer to essentially "join" our association without having to actually "belong" to the association. It is my hope that the new board members can make the veteran directors more aware of the community's concerns. God knows I've tried.

-- Steven Mobley, December 14, 2002

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The give-away of Clementia has got to be reversed

Regarding the pave-over of Murieta:

The alphabets (RMA/CSD) have got to push for a new environmental impact report or at least get the Department of Fish and Game involved. When Murieta officially became a game preserve, weren't some requirements placed on the development?

I would also like to know who specifically "gave away" Lake Clementia! What person or persons on what board or boards? I have lived here for 19 years, and have talked to a number of people about this, and none remember this. Was this a back-room deal?

Whatever deal was cut 12 years ago to sell out the community on Lake Clementia has got to be changed.

-- Tony Peacock, December 14, 2002

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We should all be students of the documents that govern RM

The Serenity Prayer: God grant me Serenity to accept the things I cannot change, Courage to change the things I can, and Wisdom to know the difference.

When we talk about the issues facing our community we need to make sure that we realize we are building a community and respect everyone’s right to voice their opinion. However, we should all become students of the governing documents that establish the rules governing our association. As members of RMA we are all one association and should respect the fact that we all have one vote per lot and one class of membership. Membership in the association does not distinguish where you live. Please review Article III, section 2.

ARTICLE III
Rancho Murieta Association

Section 2. One Class of Membership. The Association shall have one class of membership and the rights, duties, obligations and privileges of the members shall be as set forth in the Governing Documents. When and if additional units or phases of development are annexed to the Rancho Murieta common interest development in accordance with article XV, no voting or other membership rights in the Association shall vest in the Owners of any Lots in the annexed phase until such time as assessments against such Lots have commenced by the Association. Members of the Association whose memberships are appurtenant to Townhouse Lots are also members of Murieta Townhouses, Inc., ("MTI"), a nonprofit Corporation organized to maintain and repair certain portions of the townhouse Dwelling structures (see article XVI, below).

There has been a considerable amount of discussion on custom versus tract or production housing. Please review Article 6, section 9, subsection i of our CC&Rs. This is the requirement that a builder within Rancho Murieta Association must adhere to for compliance with our CC&Rs.

ARTICLE VI
Architectural Control

Section 9. Minimum Construction Standards. Unless a variance is obtained in accordance with section 12, below, the following minimum construction standards must be observed to the extent they are relevant to any improvement project within Rancho Murieta. Note that the standards vary in some respects for Lots in Rancho Murieta South as a result of subparagraph (h), below.
(i) Prohibition on Tract or Production Housing. Except as might otherwise be permitted by the Architectural Review Committee with jurisdiction within Rancho Murieta South, plans submitted by Subdividers or other persons proposing to build Residences on multiple adjacent Lots (other then Townhouse Lots) shall not be approved if the plans will result in the construction of neighboring Residences with a uniform appearance or an appearance which contains only minor variations due to changes in the floor plans for Residences that are otherwise substantially similar. The purpose of this restriction is to avoid creation of an appearance of tract or production housing within Rancho Murieta.

Finally, residents should familiarize themselves with Article XV, Annexation of Subsequent Units or Parcels. Two important points are that an adjacent parcel can submit an application to annex to RMA (they are not required to) and the membership would ultimately vote on the subsequent approval for annexation. Only pertinent sections were copied for brevity.

ARTICLE XV
Annexation of Subsequent Units or Parcels

Section 1. Annexation of Additional Property. Except as provided in section 4 of this article, additional property may only be annexed to Rancho Murieta in accordance with the following procedures:
(a) Scope of Article/Nature of Annexation. For purposes of this section, an annexation is defined as any addition of property or properties included within the jurisdiction of this Declaration and of the Association. Once annexation occurs, the newly annexed territory, and the Owners of property therein shall have the same rights, duties, and obligations as the Owners of any other property included within Rancho Murieta; subject to any modification of those rights, duties and/or obligations imposed by a Declaration of Annexation Recorded pursuant to subparagraph (e), below. Any owner ("Annexation Proponent") of real property which is contiguous to any border of Rancho Murieta can submit a written request to the Board of Directors of the Association that a proposed annexation be submitted to the Members for approval in accordance with subparagraphs (b) through (d), below. For purposes of this section, a parcel or parcels of property shall be considered contiguous to Rancho Murieta and, thus, eligible for annexation if the property shares a common boundary with any portion of Rancho Murieta or with any other parcel ("adjoining parcel") which shares a common boundary with Rancho Murieta and is proposed for annexation contemporaneously with the adjoining parcel. Parcels proposed for annexation (the "Annexation Parcel(s)") must be separate legal parcels and all governmental approvals required as a condition for annexation must be obtained by the Annexation Proponent at his or her sole cost and expense.
(c) Board Approval. Upon receipt of a complete application for annexation, the Board shall have a period of 60 days to evaluate and act upon the proposal. If requested by the Annexation Proponent, a copy of the Annexation application shall be mailed to the Association's members at the Proponent's sole expense within the first 30 days of the Board's evaluation period, together with a request for member comments. At the conclusion of the 60 day evaluation period the Board shall take one of the following actions: (i) approve the annexation proposal and call for a membership vote thereon by written ballot in accordance with subparagraph (d), below; (ii) disapprove the proposal; or (iii) approve the proposal subject to the satisfaction of specified conditions. Unless Board approval is obtained, the Association shall not be obligated to present the annexation proposal to the general membership for a vote on the matter, unless a petition in support of the annexation proposal, signed by at least five percent (5%) of the membership, is presented to the Board (see article IV, section 7 of the Bylaws).


-- Michael F. Burnett, December 14, 2002

Editor's note: Michael F. Burnett is a director of the Rancho Murieta Association.

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The developers need us and our amenities, we don't need them

As the letters from Ms. Chand and Mr. Pealer illustrate, various resident concerns focus on very specific issues (i.e., a bridge crossing, custom homes, new/improved gates, just to name a few). However, I believe that the underlying concern that most Rancho Murieta residents share is often lost in the debate -- preserving what we have the very best that we can.

In a letter on Dec. 6, I submitted my position on how RMA should “deal” with the developers who want to have access to our community without adhering to standards that have already been set and dramatically changing our environment, both natural and structural.

To that end, is a bridge crossing enough to “let the builder in"? How about a concession for all custom homes, or more money for a new gate? In my opinion, a resounding no on all accounts. None of those issues alone will help us avoid a significant decline in the standard of living that we expect.

Any decision that RMA makes should help promote and secure the basic standards that Rancho Murieta has established to distinguish it from other areas (i.e., tight structural conformity/regulations, low density, and maximum open/park space). As I stated in my previous letter under “Development,” the developers need us so that their developments will be appealing to prospective buyers. Let them woo us with real issues, not just a little window dressing.

And for our part, I hope that we don’t get trapped into a false sense of accomplishment if we get a bridge or more custom homes thrown our way. The developers have indicated that their plans “aren’t proposed for that kind of housing or density.” Then let them change their plans, or proceed with development without being included with our amenities or standards … North or South. They need us, we don’t need them.

-- Blake D. Carmichael, December 14, 2002

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Density and land management are the issues we need to address

Candy, you've hit the proverbial nail right on the head! The issue that RM residents should be focusing on is density and land management.

True, the custom homes on the North and the few on the South are nice. My family lives in a production home that we love very much. However, we would like to have seen the developers of the South do a better job individualizing the lots and homes over here to the extent that it was possible. The new homes that are currently being built on the South are a great improvement.

Nonetheless, whether you live on North or South, please support the issue of responsible land development. The days of custom homes on every lot may be gone, but that doesn't mean we have to throw in the towel and allow our community to turn into something it was not (and should not be) designed to become.

-- Ryan Fogleman, December 14, 2002

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The South plans were set long ago; the North plans can be changed

When presenting an argument which opposes something, such as the case with the proposed new development, one must refer to the community's governing documents to be taken seriously. Opinions have very little legal weight (unless you're the judge). These documents are our bylaws, CC&Rs and architectural rules.

It is far too late to argue that a developer cannot build production homes on the South or to prohibit fencing surrounding the homes on the South. The decision to permit production homes in the South was made long before many of us moved here. There apparently was not much opposition back then and the developers pretty much ran the show. Many short-sighted mistakes were allowed to occur back then. I assure you those days are long over. Apathy is now only a chapter in Rancho Murieta's history book.

If you love your community as it is, and only wish to improve it, join the efforts being made to preserve it. E-mail Candy Chand or call Janice Eckard immediately, or contact the RMA board and voice your opinion. It is not too late, we can make a difference!

-- Steven Mobley, December 14, 2002

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When the open space goes, this is just another suburban community

I wholeheartedly agree with you, Candy. That is far too many homes for this area to handle, when it is indeed supposed to be a wildlife preserve. What we will have left after all the building is done is an upscale Elk Grove-Laguna, and all we will see is a sea of houses, with little open space left.

Traffic is already a problem on Highway 16 for those of us who commute every day (especially between the hours of 6:30-7:30 a.m.). When I first moved here over four years ago my commute was only 45 minutes, now it is close to an hour each way.

It's not just RM that's the problem -- it's the city-wide growth frenzy that is turning this city into a infrastructural nightmare. So much building has been going on and yet absolutely nothing has been done to alleviate traffic congestion. One of the reasons we moved to RM was to not live in a sea of houses. I love the open space we have now and the wildlife that currently resides there.

Once we lose our open space, I see no reason to continue living here. There has already been enough done since I've lived here to drive my property value down considerably.

-- Kyle Rowert, December 14, 2002

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Even if every home were custom, it would be unacceptable

Mr. Pealer, custom homes are a serious North issue. That's the lifestyle we've chosen, and it is the North's right to protect our CCRs.

However, we're also concerned about density. The South will be getting an additional 600 units, the North 1,100, and across the street 200. We are about to lose our swim lake, as well as wildlife, oaks and open space. And what will we gain in exchange? We'll be inheriting huge traffic jams along the Jackson Highway.

Respectfully, let the North deal with our custom home issue, but don't let the density issue slip past you. Even if all 1,900 homes, North and South, were custom, it would still be far too many rooftops for RM.

-- Candy Chand, December 13, 2002

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Why weren't we upset about building all the homes on the South?

It seems to me that if the developers put in 1,000-plus custom homes on the North instead of the tract homes, then everything would be dandy. The traffic or wildlife problems would not be as big as an issue. The real problem is that they are putting tract homes on the North.

If everyone is so against development and traffic and the destroying of oaks and wildlife areas to roam, why was there not a big issue of putting all of the homes on the South? All of the open area where deer used to run are now gone with tractors moving dirt and developing lots. There is one big patch of land left by the park and that is slated to be large homes.

It should not be against tract homes on the North but development in general. All I heard at the meeting was how custom homes should be on the North and not tract homes. If the developer decided to build all custom homes on the North, wonder how big of a deal others would make on the other issues like traffic, wildlife, etc.?

-- Jeff Pealer, December 12, 2002

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After development, will there be anything left of the things we love?

Oh, somebody, please say it ain't so. First, we're supposed to swallow close to 2,000 new homes (600 more on the South, 1,100 on the North, and an additional 200 "move down" properties located across the street, smack dab in the middle of a commercial lot) and now, we're about to lose our swim lake?

Multiply the proposed 1,900 homes by two to three cars apiece. (Remember, many families have teen drivers) and you're looking at a potential increase of over 2,200 cars per day on the Jackson Highway. Caltrans has made it pretty clear, since they recently spent millions improving the Jackson Highway, they have no plans to return for decades. (Hey, they don't even want to spend a couple million to improve the tiny strip of road on Stonehouse from the Jackson Highway to Escuela. Why should we believe they'd even consider spending billions to widen a recently refurbished roadway?)

Clearly, the developers are relying on old build-out approval numbers. But remember, environmental regulations are much stricter now. Murieta Holdings must be held accountable to the highest standards available. Even with their dramatic drop in originally approved density, it's still far too high to be feasible for a community like ours. Remember, Rancho Murieta is a federal wildlife preserve. Yet, what wildlife will be left when the open space, trees and lake water are gone?

So now the kicker is, besides 1,000 tract homes in the North, and the enormous traffic increase, poor air quality, loss of oaks, open space, and wildlife created by a total of 1,900 new houses, now we are about to lose Lake Clementia. How peachy is that? An important note: Expect Lake Calero to become a mud hole half the year to supply water to these new rooftops, until refill time in January, Lake Chesbro to drop a third during the same time frame, and although Clementia won't fall off substantially, we won't be able to touch it for our life. How's that for property values and improving our quality of life? Oh yes, it's been suggested, perhaps we can drain off a bit of water for a tiny swimming hole. Gee, thanks! When this developer is done, will there be any reason left for any of us to stay?

Although custom homes is clearly a North issue, every one of us, North and South, needs to understand the impact of close to 2,000 additional homes on the Jackson Highway, wildlife, oak tree preservation, open space, and now our recreational lakes.

As far as I'm concerned, this developer is out of control, and I, for one, don't plan to stand by and allow him to destroy this wonderful community. Yikes, to think there were folks that wanted our board to sign the MBA last month. I say, no to the MBA, no to Cassano's disastrous plan, and yes to preserving Rancho Murieta.

If you're interested in signing a petition to reduce density, as well as retain the custom quality of the North, please contact me via e-mail at PatCan85@aol.com or call Janis Eckard. I can assure you, no matter what you may have been told, nothing, including this development, is inevitable. A strong and rapidly growing grassroots effort is underway. Anyone care to join the parade?

-- Candy Chand, December 12, 2002

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It's time for the RMA and CSD to get tough about development

Now that the elections are over, and the real agendas are appearing, here are a few ideas for the alphabets (RMA/CSD) to ponder:

1. There is no rush. Take all the time in the world to carefully evaluate, consult with independent counsel, seek public input and then re-evaluate before you make a decision. (I talked with a member of the City of Pacific Grove Planning Department recently and they told me that the city
takes two years to make a decision, and the answer is usually no!)
2. The RMA/CSD must adopt a policy that Lake Clementia is off the table! Give it a positive spin if you have to. Something like, "We are the first in the nation to have a 200/5,000-year drought-prevention backup lake."
3. Since the residents of the 200 homes behind the Country Store, the Escuela development, and the PTF-assigned developers will obviously figure out how to "sneak-in" or "utilize" RM parks, lakes, events, the river, etc. the RMA/CSD must develop a fool-proof system that is so onerous on new developers that they will beg to join.
4. This is now looking like the "paving-over" of Rancho Murieta. It is time for the RMA/CSD to get tough!


-- Tony Peacock, December 10, 2002

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