Election time isn’t over for the residents of Sycamore, and the streets are lined with yellow signs to prove it. They are voting to decide the future of the Sycamore Stingrays swim team with ballots due Dec. 11.
Neighbors in the 649 houses in the Sycamore Homes Association neighborhood have received two ballots in the last couple of weeks.
Voting Yes on Proposal A, a yellow ballot, is a vote to change the homeowner association regulations so the swim team will be guaranteed its right to exist. It comes from a group called Save Our Sycamore, which was formed to assure the continuation of the Stingrays.
Voting Yes on Proposal B, a blue ballot, would keep the rules the same, leaving the future of the swim team in doubt. It is the same as Proposal A except does not mention the swim team.
Each home gets one vote, and whichever proposal receives the most Yes votes wins.
Proposal B was put on the ballot by four of the seven members of the Sycamore Homes Association board – president Mark Raitz, Earl Lubbell, Ron Barrios and Doug Allen. SOS members say it was intended to confuse residents and, hopefully, help defeat efforts to keep the swim team.
“I’m just very happy that there is one or both amendments because now we’ll finally understand what the majority wants to do,” said Allen. “I will be happy to finally have that made clear.” He was the swing vote to put forth Proposal B.
“This proposed amendment is a transparent attempt to dilute the vote and to confuse voters,” said swim team president Mark Thornton.
The Sycamore association’s Covenants, Conditions and Restrictions have been interpreted to allow the swim team since the neighborhood was built more than 30 years ago. As families aged, a need for young swimmers led to the Stingrays team being opened to nonresident swimmers 15 years ago.
Last swim season, the team had 73 swimmers from Sycamore but the league requirement is no fewer than 130 so the team must accept nonresidents, who pay a higher fee, said Thornton. A team needs about 200 swimmers to be competitive in the Valley Swim Association league, he added. Also, teams host four to five meets a year, which would not be allowed if non-members were banned from the facilities.
Some residents have been unhappy with the swim team, saying its practices disrupt their use of the pool. In response, the team leaves one lane open for non-team swimmers. Sycamore also has a second swimming pool and smaller clubhouse a few blocks away from the main facility at 635 Old Orchard Drive.
But swim team supporters say not only is it important for families in the neighborhood, but it adds to the value of their houses.
A third group has also sent notices to Sycamore homeowners, urging a No vote on both proposals. Letters from Patrick Fleming and Gil Medeiros, both Sycamore residents, are in opposition to Proposal A for allowing swim teams to use the common area. They also oppose Proposal B, which would allow use of the facilities to non-residents such as Boy Scouts and as a polling place, both common uses.
Fleming said he has been active for many years to preserve the rights that Sycamore homeowners earn through their dues and assessments.
“I believe the current CC&Rs adequately protect homeowners and therefore no change is in order,” Fleming concluded in his letter. “I hope you will join me in voting NO on both proposals.”
“We need 325 votes in order to change the CC&Rs,” said Thornton, who is active in the SOS campaign to keep the swim team. “We called a meeting and got overwhelming support, 180 people.”
The votes are being mailed in double envelopes to an independent accounting office, in accordance with the Davis Stirling Act, the part of the California Civil Code that covers homeowners associations. The board will begin meeting early in the morning Dec. 11 and the votes will be counted onsite, as required by law, said board member Lisa Knebel. It may call a recess but the meeting will be reconvened that evening to announce the results.
“The firm will be handling everything,” Knebel said. “No board member is allowed to interrupt.”
The swim team currently pays $12,500 per year to Sycamore for use of the facilities for practice and meets. Insurance and utilities costs are estimated at $2,709 per year, according to the property manager. The team also pays for the coaches plus carries $2 million liability insurance. Sycamore carries $3 million plus a $15 umbrella.
Thornton said he is going ahead with plans for a swim team in 2007.
“I’m moving forward as though there were no problem,” he said. “If this doesn’t pass, there is going to be a board election and we’re confident we’ll get our people elected and they will interpret the CC&Rs the way they have been for 30 years.”
