MINUTES

REPORT ON CLOSED SESSION

President Estabrook reported that the Board had just come out of closed session, had given direction the real estate negotiator concerning Sections 28 & 29, Township 19 North, Range 14 West, and had given direction to legal counsel concerning existing litigation. The third item listed on the agenda was not discussed in closed session.

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Whitney, Monteleone, Orth, and Estabrook. Also present were General Manager Chapman and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None

D. MINUTES OF PREVIOUS MEETINGS

None

E. SPECIAL PRESENTATION

None

F. PUBLIC HEARING

None

G. PUBLIC COMMENTS

One audience member, who did not give her name, came forward to express concern about the delay in the opening of the Brooktrails Lodge. President Estabrook commented that the Lodge would be discussed as agenda item two, and the public would be given the opportunity to comment at that time.

Jack Bothwell, of Buckeye Road, reported that he had received a hazard abatement notice in the mail allowing only ten days to complete the required work. He questioned whether the notice complied with the District's ordinance, and felt that it should have been sent earlier in the year.

President Estabrook voiced concern that property owners were receiving notice for Phase II standards, as opposed to Phase I standards, which includes only grass, downed trees, limbs, and leaves. He stated his intention to put off compliance with Phase II standards until fall.

Director Orth pointed out that CDF personnel were assisting the fire department with writing up lots, and may not have been aware of the District's two phase program.

Director Monteleone pointed out that she, President Estabrook, and General Manager Chapman had received notices, as well.

General Manager Chapman reviewed the steps followed during the abatement program, and the upcoming agenda items necessary to comply with the legal requirements. He reiterated the Board's commitment to compliance with Phase I standards, and the District's goal of having as fire-safe community as possible.

Director Whitney agreed with Mr. Bothwell that ten days was not sufficient time to accomplish the work, explaining that contractors would not be hired by the District until after the public hearing on August 21st. He reiterated the goal of 100% fire abatement compliance, and voiced appreciation to CDF for their assistance with the program.

A brief question and answer session ensued with audience members regarding the vegetation management standards and the hazard abatement program. For the benefit of the audience, District Counsel Neary provided an outline of the provisions of Ordinance 98, noting that the time frame from the first notice to the actual abatement by the District is forty-five days.

H. ACTION AGENDA

1a. DISCUSSION OF REVISED DEVELOPMENT REVIEW APPLICATION AND STAMP

District Architect, Bob Axt, took the podium and reviewed his suggested changes to the Design Review Application Form.

With regards to the Site Development Packet, he suggested deleting the "Development Review Summary" on page 2, as it repeats the information already included on the application form. Under "Development Review" he asked that "flagging the property stakes" be added as item number 9.

He concurred with the Board's concerns about grading, and provided a description of the review process for drainage systems. He commented that enforcement is the County Building Inspector's responsibility. He provided suggested language for the Site Development Standards concerning grading, excavating, and fill, noting that the Uniform Building Code now requires grading permits.

Director Whitney asked that reference be made to the original subdivision map as a source of information on bearings and distances of the property lines to include on the plot plan. He asked that "Construction Feasibility" be changed to "Construction/Grading Feasability" to clarify that grading would rarely take place independent of a building permit. As to the requirements for a Grading Plan at the top of the second page, he suggested that the requirement for a grading plan be at the discretion of the District Architect. District Architect Axt suggested striking the sentence "Required when driveway or building construction includes 2' or more cut or fill or containing or re-routing storm drainage is proposed" and replacing it with "If required by District Architect."

Director Orth pointed out the need to consider variances. District Architect Axt agreed, and recommended a hillside zoning ordinance be incorporated into the Specific Plan.

Director Monteleone felt that the revised application form was too vague, especially the categories "Addition" and "Alteration." District Architect Axt suggested splitting "Addition" into "Addition to Existing Building" and "Additional Building." Director Monteleone asked that zoning be included on the new form.

In response to President Estabrook's inquiry, District Architect Axt reviewed the types of issues addressed by a vacant site review. President Estabrook suggested a separate form be designed for minor projects, similar to the "EZ" form. He asked that owner responsibility be a factor when considering variances. Director Orth noted that solar aspects are another consideration, and asked that the District remain open to such ideas when considering variances.

Director Whitney asked for a future agenda item to consider the Board's authority to regulate the exterior colors of the homes in the District. He also asked that "Show the delivery method for your manufactured home" be added to the submittal checklist as item number 5 under "Building Plans."

Mike Aplet of Hawk Drive voiced concern about the installation of a manufactured home on Daphne Way.

Janice Gendreau of Goose Road voiced concern that landscaping requirements are not included on the form, and spoke against the requirement for design review to repaint a house a natural color.

Director Whitney asked that landscaping be included on page 2 of the form under "Grading Plan."

Moving on to the proposed stamp, Director Whitney asked that the first sentence on the left side of the Pre-development stamp read "The actions indicated herein are for compliance with the conditions of Brooktrails Development Review Process and Site Development Standards."Also, he asked that the word "approval" be changed to "actions" in the second sentence. As to the Post-development stamp, he asked that a sentence be added after the first sentence, "Furthermore, the actions indicated herein are for compliance with the conditions of the Brooktrails Township Community Services District Utilities Code, Ordinance No. 76."

District Architect Axt voiced concern about the size of the stamp, and suggested the date received and comments section be removed.

Director Monteleone spoke in favor of combining the two stamps into one, and voiced concern that the General Manager review was the third step on the pre-development stamp, as opposed to the first step. General Manager Chapman explained that the post-development stamp was separated so as not to confuse the County when the builder comes in for a permit. He also noted that the review of the availability of utilities is the first step, documented on an internal form prior to plans being submitted to the District Architect.

President Estabrook commented that the only concern of the County is the availability of utilities, and suggested the stamp used on the plans be revised to simply indicate whether water and sewer are available. He suggested box 3 of the pre-development stamp contain six boxes to check; Water Available, Sewer Available, Water not Available, Sewer not Available, Water Available with Extension, and Sewer Available with Extension.

1b. DISCUSSION OF GRADING ISSUES, SITE DEVELOPMENT STANDARDS, AND THE NEED FOR SECOND SITE INSPECTION PRIOR TO POURING THE FOUNDATION

President Estabrook provided a review of previous Board discussion concerning grading prior to issuance of a building permit. He suggested staff draft a proposed ordinance to address the issue for consideration at a future meeting.

As to the need for a second inspection, General Manager Chapman voiced concern about crossing boundaries between controlling agencies, the District and the County. He stated his preference to leave inspection responsibility at the County level. Director Orth agreed, suggesting the Building Inspector sign off setbacks as a part of their current foundation inspection.

District Architect Axt was more concerned about excessive grading, the lack of elevations on the plans, and property owners that grade without any review at all.

Director Whitney suggested that the District's concerns be brought up at the meeting with the County staff. General Manager Chapman reported that the meeting would be scheduled as soon as some of the issues are resolved by the Board.

Director Monteleone asked for a future agenda item to discuss how to better publicize the design review process, suggesting a booklet be developed for persons interested in buying property in Brooktrails.

President Estabrook gave direction to the General Manager, to obtain a copy of the County Building Inspector's checklist, as well as a list of specific examples of setback violations and other code violations in the District.

Mike Aplet suggested a civil engineer's stamp be required on the plans to assure that grading is done correctly. District Architect Axt commented that he does require such a stamp in the case of excessive grading or in the case of a retaining wall for which code requires an engineered design.

A break was called.

2. FURTHER DISCUSSION OF USE PERMIT APPLICATION FOR BROOKTRAILS LODGE

President Estabrook reported that a hearing on the use permit application will be held before the County Zoning Commissioner on Thursday, August 9th, and he hoped to present a letter outlining the Board's consensus on the basic points of the issue.

Director Whitney clarified for the audience that the use permit application has nothing to do with the restaurant or the Lodge, just changing the use of the motel and cabins from short-term to long-term use. With reference to the County staff report dated July 11, 2001, he noted that two of the recommended conditions, if approved, require comments from the District. He suggested that the response focus on those two items and address all forty units on the property.

Director Monteleone voiced concern about the impact of forty additional single family dwellings on the District's limited available water connections, the provisions of the Utilities Code that prohibit more than one connection per parcel, the minimum square footage of dwelling units outlined in the Specific Plan, and the possible effect of additional wood stoves on air quality. She spoke in favor of keeping the motel as is, and conditionally approving the twenty cottages for long-term use, for rental to seniors only.

Director Orth pointed out that the application is for redevelopment, as opposed to new development, and should therefore be handled differently. He provided a historical perspective of the District's Division of Water Resources Permit, offering suggestions as to possible conditions of approval and proposed calculations for connection fees.

General Manager Chapman read aloud an e-mail from Director Venturi outlining his opinions on the issues.

President Estabrook stated his commitment to doing what is good for the community, and his belief that senior housing is good for the community. He also stated his willingness to consider waivers to at least a portion of the connection fees and to the provisions of the Utilities Code only if it would accommodate senior housing. He offered suggestions of mitigating measures that could be imposed if the use permit was approved.

Director Whitney read aloud his proposed conditions of approval, and voiced concern about enforcement of conditions such as the number of persons living in each unit. He stressed the need for terms such as "supervised groups" and "seniors" to be defined, and for parking issues to be resolved. He supported setting flexible standards, and for the non-motel units he suggested a prioritized use, a six-month trial period, and conditions that would be triggered if non-restricted use were to continue for longer than a year. He proposed water and sewer service be provided on a conditional basis, a waiver of connection fees be allowed for restricted uses, that the use permit be non-transferrable, and that conversion to condominiums be prohibited.

Warren Miller of Perch Drive spoke in favor of senior housing and asked the Board to allow Dr. Gitlin to proceed with his project.

Janice Gendreau of Goose Road stated her opinion that Dr. Gitlin's proposal was poorly conceived and lacking a plan. She spoke against accommodating Dr. Gitlin, and urged the Board to adhere to the District's standards.

Alicia Walter voiced appreciation to the Board for trying to accommodate Dr. Gitlin, and asked that the senior housing idea be given a chance to work.

Dr. Gitlin came forward and thanked the audience for attending and for the comments received. In response to Janice Gendreau's request that the Board not accommodate him, he commented that the Specific Plan, the County General Plan and the Mendocino County Housing Element mandate that he be accommodated. He cited sections of the Specific Plan, as follows: "Encourage the private development and enhancement of the Brooktrails Lodge in a manner that would encourage utilization of the Lodge, cottages and restaurant by local residents and non resident property owners", and "At the discretion of the District, technical and business administrative assistance may be offered." He also quoted the Mendocino County Housing Element, which states, "there is an entitlement process by increasing housing opportunities for moderate, low, very low income, and special need populations, facilitating in the conservation of housing stock and providing a suitable living environment for all residents." He stated that he was very concerned about comments from the Board concerning the good for the community, specifically relating to seniors, pointing out that the Housing Element, adopted by the Board of Supervisors, mandates that we look at increased housing opportunities for moderate, low, very low income, and special need populations in the County. The Housing Element also states that Brooktrails and Lake Mendocino Drive are two places that they see that type of development happening, because water and sewer are available. He also quoted page 5-2a of the Specific Plan which states "The housing affordability program should consider at a minimum: Encouraging the development of commercial property with a mix of commercial and high density residential uses, Decreasing unit size to compensate for increased development costs, Targeting lots that would not be difficult to develop for the development of affordable housing." He questioned how it could be any less difficult to develop affordable housing on parcel that already has both water and sewer available. Continuing with page 5-2a of the Specific Plan, he quoted "Amending zoning provisions to advance opportunities for affordable housing per County General Plan Housing Element Measure 3.4.2 (reduce permitting requirements.)"

He stated that he purchased the property with the understanding that the cabins were permitted for long-term occupancy. He challenged Director Monteleone's comment that the Board was responsible for removing the problem tenants, as it was he who evicted them at great cost. He stressed that he would never allow the property to return to its past condition.

He recalled a previous meeting at which he asked for Board support of his use permit application, stating that he remembered including low and moderate income housing as a part of his plan. He provided statistics indicating the difficulty in succeeding with a restaurant, alone.

He outlined his proposal to restrict occupancy of the 20-unit motel to organized groups, which he felt would help prevent any potential degeneration of the facility by undesirable tenants. He described "Organized groups" to mean that there will be staff attending to the group, some meals would be served in the Lodge, and organized activities would take place in the Lodge. He provided examples of groups, adding that he would utilize the facility for events, weddings, retreats, seminars, parties, etc. and had purchased furnishings for the 20-unit building for use as transient occupancy.

He stated that he was unable to make an economic revival business plan based on seniors, only, because he was not willing to let the property sit uninhabited for another year while he figures out how to meet all of the necessary regulations. As far as transportation, he has talked with the head of the Mendocino Transit Authority, and pointed out that it would be another impetus to have a centralized bus depot in Brooktrails. He also talked with the people at the senior center who have a bus and would be willing to help.

As to parking, he stated that he had complied with the directives from the County, and that they were happy with what was presented.

In response to Dr. Gitlin's inquiry about the commercial use of the property, Director Orth clarified that the use permit application is to change it from commercial use to long term residential. The zoning of the property is commercial, and a General Plan amendment would be required to change zoning. However, residential use is allowed in commercial zoning.

Dr. Gitlin provided copies of his original application for water service from the District, pointing out that he had checked both "Residential" and "Commercial." He also pointed out that twenty people had been living in the cabins for years at the time he purchased the property.

In response to Dr. Gitlin's question concerning water use and Health Department regulations, Director Orth explained that average water usage is tracked by residence, which determines how many hook-ups are allowed under the existing permit. He noted that the District is required to track the water used by each residence, and under the Utilities Code that water must be metered separately. The question is whether the charges to install those meters will be waived. He provided clarification of the use of connection fees and monthly charges.

District Counsel Neary pointed out the lateness of the hour, and the fact that the Board does not meet again prior to the August 9th hearing. Because the County is recommending denial unless something is worked out with this Board, he advised the Board to develop a motion that implements a compromise.

Dr. Gitlin reiterated the fact that he received his water and sewer hookup with the understanding that there was both commercial and residential uses on the property, and did not feel that his water use for the project as proposed would be detrimental to the other lots in the subdivision.

Director Orth pointed out that he was mis-quoted in the Willits News as suggesting Dr. Gitlin purchase and retire lots in exchange for meters.

Mike Aplet voiced his concern about the lack of compromise between Dr. Gitlin and the Board.

Ginger Pohslon pointed out the limited available water connections in the District and the strict standards which must be adhered to for senior housing. She spoke against approving sub-standard housing, and implored Dr. Gitlin to comply with the standards.

Director Whitney made a motion to give direction to the General Manager to integrate all of the comments made, especially the written comments from the Directors, to incorporate into a draft resolution or letter to the Zoning Commissioner. He asked that a Special Meeting be scheduled prior to the August 9th hearing.

In response to Director Monteleone, Dr. Gitlin clarified that the motel is currently zoned for short-term use. He stated his intention to pursue long term use for the cabins, and his willingness to concede on the twenty unit structure.

Director Whitney pointed out Dr. Gitlin's willingness to make a concession. He asked that the letter not contain detailed language that would be binding on the District relative to the conditional uses placed on the water and sewer hookups. He asked that the language indicate, in a positive way, that the Board is working with Dr. Gitlin on the water and sewer issue, and indicate in a non-binding way, a willingness to waive certain fees to accommodate the project.

District Counsel Neary stated that the County looks to Brooktrails on the issue of the availability of utilities. Although there is a great deal of concern on the part of the Board members as to the use, that is the responsibility of the County. He agreed with the proposed compromise of an eighteen month trial period, and outlined the provisions of the Ordinances that apply to the project, and that there are substantial financial issues to work out relating to connection fees. He noted that he had invited Dr. Gitlin to apply for a waiver of the ordinance as it applies to the Lodge, which he had not done. As to a conditional approval of the water permit, he felt that it could be possible if Dr. Gitlin agrees, and offered suggestions as to compromises to consider. He offered to work with the General Manager to develop a proposal for further consideration.

Director Whitney amended his motion to follow direction from counsel, and that the matter be brought back at the next meeting.

President Estabrook suggested a Special Meeting be scheduled for August 7, 2001.

Director Whitney reiterated his motion, as follows: 1) Schedule a special meeting for August 7th, 2) the General Manager and District Counsel narrow down the differences in a draft motion for the Board, specifically to address numbers 2 and 8 of the County Staff Report, and 3) to address the legal conditional approval, which is waiver of fees and granting a waiver for the motel unit to have one meter and one sewer connection.

Director Monteleone agreed to support only items one and two of the motion.

Dr. Gitlin voiced his willingness to meet with the General Manager and District Counsel to negotiate.

Director Orth seconded parts one and two of Director Whitney's motion. A vote was then taken which passed unanimously by the members present. Item number three of the motion died for lack of a second.

3. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION NO. 1993-24 TO AMEND THE TERMS OF THE LOAN FROM THE SEWER FUND TO THE GOLF FUND TO A THIRTY-YEAR TERM

Deferred.

4. CONSIDERATION OF A RESOLUTION APPROVING BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000

Director Orth made a motion to approve Resolution No. 2001-18, a Resolution Approving Brooktrails Township Community Services District to Apply for Grant Funds for the per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. The motion was seconded by Director Whitney and a vote was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: None

ABSENT: Director Venturi

Resolution No. 2001-18 Adopted.

5. DECLARATION BY BROOKTRAILS FIRE DEPARTMENT THAT THIS YEAR IS AN EXCEPTIONALLY HIGH FIRE HAZARD YEAR

Director Whitney made a motion to accept the letter of declaration of high fire danger. Director Monteleone seconded the motion, which passed unanimously by the members present. She asked that the District's fire hazard sign on Sherwood Road be changed to High Fire Danger, and that it be noted that no burning is allowed in the District.

Director Orth stressed the importance of having a formal declaration to justify the stepped-up abatement program.

General Manager Chapman reported that due to scheduling conflicts, there would not be a quorum present for the noticed public hearing on July 31st. It was agreed that the public hearing would be conducted with two Directors to listen, take comments, and make recommendations, the resolution declaring a public nuisance would be considered at the August 7th meeting, and the second public hearing would be scheduled for August 28th.

I. SPECIAL REPORTS - GENERAL MANAGER

None

J. PUBLIC COMMENTS

None

K. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of July 24, 2001 closed at 11:50 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD ESTABROOK,

President