Meeting Minutes - 4/28/2008
Rancho Heights Road Committee Meeting Minutes
Date: April 28, 2008
Location: California Bagel Shop, Rancho California Road, Temecula
Time: 7:00
Committee Members Present: J. Geller, K. Ebmeier, J. Szepkouski, C. Hill and D. Eaton
Property Owners Present: C. Szepkouski, Kathy Ebmeier, J. Hill, M. Williams, S. Murray, P. Burke, T. Bond, S Bochinski, J. and M. Cates, F. Maxin, T. Thomas, E. Stocke (Ling)
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Call to Order:
Chairman Geller called the meeting to order.
Additions/Changes to the agenda:
None
Financial Report:
Report was presented by Treasurer Ebmeier. Account balances, payables, receivables and collection status were reviewed. Motion to accept Financial Report made by J. Szepkouski , seconded by D. Eaton. Passed by all.
Road Report
Report was presented by J. Szepkouski. Repairs to water service failures and other minor repairs were detailed. Repair to the well-spring that came through the road was discussed. Cost of maintaining roads at today's prices was discussed and it was determined that the Committee would need at minimum three times the income from assessments to maintain the paved roads we have, with no possibility that any unpaved roads could be paved. P. Burke estimated that that figure could jump to nine times the present budget in a few years.
Cluster Mailbox Report.
Report was presented by D. Eaton on the ongoing cluster mailbox project. Shortly before the last annual meeting, an ad hoc committee of residents organized to pursue the possibility of a new cluster mail box in the Community. It was determined that the best location would be a secure grouping inside the gate, which has been the goal of the Road Committee since shortly after construction of the security gate project was approved by the Community (See minutes of the annual meeting, 2003). The ad hoc committee has since worked with the Road Committee to design and execute the project. A location was found and application for an extension of service to the USPS is pending. A preliminary response is expected within days. Approximately 40 property owners have signed up for the project. It was noted that no person can be forced out of their existing mailbox, that any change of mailbox location will require each mail recipient to go to the Pauma Valley Post Office with proper identification and fill out the form to request a change in location of service.
Discussion of yellow signs:
The problem of yellow signs was addressed. Resident M. Williams distributed a petition addressed to property owners who display yellow signs requesting that they take down their signs in the best interests of the Community. Several signatures had already been obtained. It was noted that the signs were, according to several real estate agents in the area, depressing property values. Copies of the petition were distributed to property owners present, who volunteered to canvas the neighborhood for more signatures.
Communications from and to dissatisfied property owners
Chairman Geller read letters and related communications from property owners Gill and her partner Rieker, in which, among a host of accusations, $3 million dollars was demanded from the Community. It was noted that an anonymous phone call was made to a real estate agent representing a client selling a house in Rancho Heights in which the caller claimed the Committee was not disclosing an imminent legal action against the Community. Other incidents of attempts to dissuade prospective buyers of property in Rancho Heights from buying property here were described. The Committee's written responses to Gill/Rieker's threatening letters were also read.
Letters from Committee attorney Robert Caietti to property owner Tom Taufer were read by the Chairman. They were in response to actions by Mr. Taufer which included but were not limited to:
- Attempting to prevent the Committee from performing its obligations by trying to block the construction project that improved the bottom of Rancho Heights Road beginning at Pala-Temecula Road and also the installation of a French drain to repair a well-spring that had breached the road further up from the gate.
- Installing cluster mailboxes in the legally recognized easement without authorization by the Committee or consultation with- or approval by residents who have existing individual mailboxes outside the gate.
- Posting signs displaying false and misleading statements directly in front of the security gate wall without authorization of the Committee.
- Attempting to remove a notice posted by the Committee advising residents of an upcoming project to improve the bottom of the road and warning them to be cautious during construction when entering the Community.
Excerpts from letters from Robert Caietti, attorney at law, to property owner Thomas Taufer, delivered by Federal Express
From letter dated, August 13th, 2007:
“As tasked by the Road Maintenance Agreement, the RHRMC is responsible for maintaining, and will continue to perform its legally mandated duty to maintain, the community roads including all related easements designated in the Declaration of Restrictions.”
From letter dated, December 20, 2007:
“As previously addressed in my August 13th, 2007 letter, the Rancho Heights Road Maintenance Committee cannot, and will not, tolerate unauthorized and inappropriate interference with the performance of its obligations to maintain all roads throughout the community, including legally recognized and established easements. “
“You do not have authorization from the Committee or the right to construct anything, including a cluster mailbox, in the easement area.”
From letter dated March 10th, 2008:
“You have ignored my previous correspondence which specifically delineates the Committee’s responsibility for maintaining the community roads, including all related easements documented in San Diego County records and confirmed by recent challenges in the San Diego Superior Court.”
“Further, the Committee would pursue you to the fullest extent allowed under the law for any and all damages caused by you including the recovery of attorney’s fees and court costs for you now blatant and intentional violation of the Ranch Heights Road Maintenance Agreement which is binding on you as an owner of property within the community.
‘In my letter of December 20th, 2007, in no uncertain terms you were put on notice that your efforts to construct a cluster mailbox within the legally recognized road easement was in direct violation of the Road Maintenance Agreement.”
“You do not have authorization to construct anything, including a cluster mailbox in the easement area. The Committee hereby demands that you cease and desist all construction efforts in the easement.”
“This is the last and final notice you will receive from and/or on behalf of the Committee prior to the Committee taking action, should you choose to ignore the directive set forth in this letter”.
Open Forum Discussion:
Complaints regarding signs posted directly in front of the security gate by Tom Taufer and Rancho Heights Liberty Tree warning residents and property owners that they were not allowed to “trespass” beyond the edges of the pavement on Ranch Heights Road were registered. Taufer's sign stated that such trespass would constitute a “criminal” act. Committee member Eaton interpreted the signs to mean that Taufer was attempting to prevent resident property owners from retrieving their mail from their mailboxes, all of which are outside of the pavement. It was generally agreed that the signs represented a violation of Committee policy #11 and should be removed immediately since they appeared to be an attempt to intimidate residents and property owners. (The removal of the two signs was accomplished shortly after the meeting adjourned.)
Eric Stocke, representing property owner B. Ling, complained of rocks that had been placed at the edge of a curve in Rancho Heights Road in the legally recognized easement on Tim Prince's property. He asserted that the rocks narrow the effective width of the road and its shoulder and prevent a driver coming up the road from safely widening his turn if a driver coming down the road veers into the opposite lane. It was agreed by all that the rocks were a potential hazard that should be removed. Mr. Prince will be notified that the rocks must be removed and that if they are not removed in a timely fashion, the Committee will have them removed and bill him for the work since he was witnessed creating this potential hazard.
Adjournment: K. Ebmeier moved to adjourn the meeting, seconded by D. Eaton. Agreed to by all.
Meeting Adjourned at 8:20 p.m. by Chairman Geller.
Date Minutes Meeting Held:
Monday, April 28, 2008