SPECIAL MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

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

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None

D. MINUTES OF PREVIOUS MEETINGS

September 4, 2001
Director Whitney moved to approve the minutes of September 4, 2001 as written, seconded by Director Monteleone. A vote was taken on the motion as follows:

AYES: Directors: Whitney, Monteleone, Estabrook
NOES: Directors: None
ABSENT: Directors: Orth
ABSTAIN: Directors: Venturi
Motion Carried.

Director Whitney asked that the Board assure follow up to that the suggestions presented at the meeting, and that a future agenda item be scheduled to address concerns expressed in a letter from Mike Aplet.

E. SPECIAL PRESENTATION

None

F. PUBLIC HEARING

None

G. PUBLIC COMMENTS

None

H. ACTION AGENDA

2. REVIEW OF REQUEST FOR ACTION PROGRAM
President Estabrook explained that this review of the Request for Action program was scheduled in response to one complaint that was of concern to the General Manager. General Manager Chapman provided a brief review of the complaint that was filed by an individual who had received a hazard abatement notice. The complaint concerned two cars which he believed were illegally parked on Maize Drive. After responding to the first complaint, another was received concerning seventeen RV's which were parked within the front setback, which he considered to be a "violation" of the Specific Plan. General Manager Chapman voiced concern about the ability of District staff to enforce such issues, and raised the question as to whether the complainant's identity should be kept confidential.

President Estabrook asked the Board to address the District Request for Action Procedure which was included with the staff report, and to give guidance to the General Manager as to whether the form should be kept anonymous.

Director of Emergency Services, Daryl Schoeppner, introduced Steve Francis, of the California Highway Patrol.
Officer Francis came forward and reported that he had visited the area of question, and that all of the vehicles were legally parked, within eighteen inches from the curb, as close to the right-hand shoulder as possible. If there were a car parked legally across the street, there would still be twelve feet between. He explained the regulations concerning parking on white lines, and cars parked over seventy-two hours. Because Maize Drive has no center line, it is considered a two-way roadway, therefore requires clearance for only one car at a time.

Director of Emergency Services, Daryl Schoeppner came forward and explained that the Uniform Fire Code requires that fire lane signs must be posted before he can contact the Highway Patrol to ticket a vehicle. He added that CDF can also write a citation for blocking a fire lane, however he cannot. He recommended that signs be posted in high density areas restricting parking to one side of the street, or post them as a fire lane.

District Counsel Neary concurred with Mr. Schoeppner's interpretation of the Uniform Fire Code.

President Estabrook asked for an opinion as to how the District can establish legally enforceable fire lanes.

Director Monteleone pointed out that there is only one access road, and voiced concern that illegally parked vehicles would add to the problems if there were a fire. She also voiced concern about cars parked in cul-de-sacs adding to the difficulty fire trucks have turning around.

In response to Director Monteleone, Mr. Schoeppner outlined his concerns about empowering the Fire Department to write citations.

Director Whitney spoke in favor of restricting parking in cul-de-sacs and on one side of the road in high density areas.

Bob Terry, of Poppy Lane, voiced concern about the ability of fire trucks to go between two Rvs in the event of an emergency. Director Venturi commented that the authority of the officers to clear the road way is elevated in the event of a fire. Officer Francis agreed.

Moving on to the Request for Action issue, Director Whitney stressed the importance of reporting back to the complainant. As to the District Request for Action procedure, he asked that "Development Standards" be added to items two and three. He stressed the importance of following up with the County on issues forwarded to them for enforcement, especially relating to grading.

As to the report of outstanding Requests for Action, he asked that the General Manager be given the authority declare certain items resolved and removed from the report. As to third party referrals, he recommended accepting them only if the third party has verified the complaint. In the case of an anonymous request, he suggested forwarding it to the BPOA.

Director Monteleone clarified that the program was established as a way for citizens to report their concerns to the District office, and felt that they should remain anonymous.

President Estabrook agreed that the form should be anonymous, and asked that step two of the District Request for Action Procedure be that Brooktrails verify the legitimacy of the complaint. In this way Brooktrails becomes the accuser, and if the legitimacy of the complaint can't be verified, the matter should not be pursued. He asked that the wording of number three be changed to "Site Development Standards, Utility Code violations, Fire Code violations, or District controlled property."

Director Venturi stressed that the violation must be visible without trespassing. He suggested prioritizing the types of complaints, number one being public health or safety; number two, utility or building code violations, and last minor Specific Plan complaints that really don't effect public health or public safety or doesn't need immediate action to prevent it from getting worse. He asked that the Board look at violations of the Specific Plan to consider the policy that is in place, and give direction to staff.

Director Monteleone voiced concern about the Board reviewing each Specific Plan violation. She asked District Counsel for guidance as to the regular scheduled reviews of the Specific Plan, and suggested Specific Plan issues be discussed on an annual basis.

George Skezas, of Poppy Lane, voiced concern about violations that need immediate attention in order to be observed. He provided two examples of incidents that occurred at Lake Emily, one involving dogs and one involving an off-road vehicle.
Director Venturi strongly urged that the Sheriff's Department be called in instances of law violations, as opposed to the District office. He clarified that local law enforcement will enforce Brooktrails Ordinance violations involving trespass.

Director Monteleone asked the General Manager to review District policy and the "Who to Call" list with District office staff to ensure that they know the proper procedure for handling such calls.

Director Whitney suggested the District maintenance workers respond with a video camera to tape such instances while happening.
Bob Terry, of Poppy Lane, suggested a committee be established to address requests for action. He asked for clarification if the Specific Plan was law.

District Counsel Neary explained that the Specific Plan is law, but it is County law. Design Review is County law that has been delegated for enforcement to Brooktrails Township. Most of the areas of responsibility remain within the jurisdiction of the County.

A gentlemen who did not give his name came forward to voice his agreement with points made by both Director Venturi and Mr. Skezas.

Director Whitney asked that a separate agenda item be scheduled to address parking issues.

President Estabrook asked the General Manager to discuss with the District Architect why the restriction on RV parking is included in the Specific Plan. He clarified that Board direction on the issue of the seventeen RVs is to forward the complaint to the County Zoning Administrator for enforcement.

Referencing the discussion on emergency vehicle access, Director Venturi commented that he would rather see RVs parked in the twenty-foot setback as opposed to on the street.

As to confidentiality, General Manager Chapman suggested the Districts' form utilize wording similar to the County's Standardized Complaint Form.

Directors Monteleone and Venturi concurred with President Estabrook's suggestion that the complainant simply be a reporting party. The District would then verify the legitimacy of the complaint, and there would be no need for a name on the form.

District Counsel Neary provided guidance as to the provisions of the Public Records Act. The Board can establish policy exempting the form, determining that the public interest in maintaining confidentiality outweighs the public interest in disclosure. However, in the case of enforcement action, the complaining party may have to be disclosed. He advised the District to make that known to the complainant.

President Estabrook commented that putting a name on the form could be optional. By putting a name on the form the complainant would receive a report back, and could be contacted if any questions arose.

Director Whitney suggested copying the name and address box off of the County form that includes the confidentiality statement. He made a motion that the District maintain confidentiality of the complainant within the existing limits of the law. The motion was seconded by President Estabrook.

A break was called.

BREAK at 8:51 p.m. - RECONVENE at 8:54 p.m.

3. UPDATE ON STATUS OF BROOKTRAILS LODGE USE PERMIT APPLICATION

President Estabrook commented that Dr. Gitlin had submitted a only a portion of the items required by the County, as per Allen Falleri, and that the Board had asked that he submit the same information to them. He suggested simply acknowledging receipt of the information provided, and taking comments from the Board and public. He proposed discussing water and sewer agreements upon receipt of the full package.

Director Whitney asked for a definitive description of each housing unit on a map, the proposed use of each unit, the number of persons in each unit, and whether the unit would have a meter. He also asked that the sewer lateral line ownership/maintenance issue be addressed. He asked that a date be set for future discussion when the draft water and sewer agreement was ready, and the remainder of the package was be provided, allowing a week for review of the material.

Director Monteleone expressed reluctance to set a date for future discussion prior to receiving the complete package as requested by the County, and commented that there was no mention in the material about senior housing.

Ginevra Chandler, attorney for Dr. Gitlin, came forward. She referenced a letter from the General Manager that requested only a portion of the items included in the County's letter. She stated that the package presented to the Board was the same material that they intended to provide the County. She reviewed the material provided, which outlined staffing, the conference center concept, and the senior concept. She explained that because of the amount of money required to develop a senior housing facility, they were asking for a couple of years of conference center use to raise the necessary capital. Material was handed out addressing allowable room size for senior assisted living quarters.

She asked that their matter be heard before a full Board, and that the General Manager write a letter clearly articulating what was missing. President Estabrook clarified that the Board is asking for the full package to be provided to the County, as specified in Allen Falleri's letter dated August 9th.

Ms. Chandler pointed out that a plot plan was included in the original application to the County that indicates what each cabin is going to be used for. She stressed the need for some flexibility.
President Estabrook explained that once the package is provided, the Directors would need some time to go over the information and review it with the County to assure that they are satisfied.
General Manager Chapman reported that he had worked diligently on the draft utilities agreement and would provide it as soon as it is reviewed by District Counsel.

Director Whitney reiterated the need for a map indicating a complete description of each unit and its proposed use, as that is the major issue to consider when drafting the water and sewer service agreement. Although interested in the other issues, he pointed out that the District does not have jurisdiction over things such as parking. He stated his preference to focus on water and sewer issues and recommended the General Manager work out the draft agreement with the Board President and District Counsel, and schedule a meeting with the Applicant and his Counsel to discuss it.

Note: Director Monteleone departed at 9:20 p.m.

Director Whitney recommended postponing the October 11th County hearing date to allow sufficient time to draft the agreement and prepare the remainder of the material, a week in advance of the meeting.

President Estabrook agreed, and noted that he would be seeking comments from County staff on the material. He reminded Ms. Chandler that the Board's motion at the prior meeting included a request for a management plan, which has been provided, and justification of overall social value and some kind of assurance measure of performance.

Ms. Chandler commented that they had provided a copy of their referral procedure for tenants. She pointed out that the Brooktrails Board did not have planning authority, and questioned the legality of the request for performance assurance.

Board members agreed to set a date as soon as the complete package was provided.

4. FURTHER CONSIDERATION OF A RESOLUTION APPROVING A LOAN OF A PORTION OF THE ANNUAL FIRE TAX ASSESSMENTS FROM THE COUNTY OF MENDOCINO

General Manager Chapman reported that he gotten clarification from the Auditor's office concerning the interest rate, which will be determined by the Board of Supervisors at the meeting.

Director Whitney asked the General Manager to provide a cash flow statement, sources and uses of funds, by month. Projections are based on prior year's data, and projections for the remaining fiscal year to show the use of the loan.

President Estabrook suggested the meeting with the Supervisors be scheduled for after the next Board meeting. He asked for at least an expense projection to the end of the current fiscal year.

In response to Director Venturi, General Manager Chapman outlined his plans to curtail expenditures in the Fire Fund. He commented that it is not his intention to frighten the public, but people need to be aware that without the fire tax increase the fire department will not be able to operate the way the Board wants it to operate.

Director Whitney asked that past accrued deficits not be included in the cash flow analysis, and stressed that he did not want to borrow funds from the County to pay back prior year's deficits.

5. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERT-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE REDWOOD GROVE ACQUISITION PROJECT

General Manager Chapman expressed appreciation to District Secretary, Joanne Cavallari for her assistance. He reported that previous grant applications for acquisition of the 12.29 acre redwood grove property had failed, and that funds were now available through this new program. He explained that the District could apply for a grant in an amount sufficient to provide the required net cash amount to the seller, who could in turn could provide a charitable donation in an amount sufficient to meet the 30% match requirement.

Ms. Cavallari, who was present in the audience, provided a "match calculator" from the State's website, that is used to determine the amount of match required to net the minimum amount acceptable to the seller. She suggested that with this strategy, the District may be able to acquire the property without cash outlay.

Director Whitney stated for the record that he no longer has business dealings with the property owner and therefore no conflict of interest exists. He spoke in favor of the strategy, and recommended that, should the grant be approved, a closed session item be held concerning real estate negotiations to discuss the relationship of this grant with the Save the Redwoods offer for assistance.

Ms. Cavallari commented that she would like to ask for a letter of support from Save the Redwoods to include with the application.

President Estabrook suggested the General Manager be given authority to order a current appraisal should it be required by the State.

Director Whitney asked that number 4 of the proposed resolution be changed to read "Appoints the General Manager as agent to conduct all negotiations, execute and submit all documents pertaining to the grant." This would allow the purchase of an appraisal if it were required.

Director Venturi made a motion to approve Resolution No. 2001-27, a Resolution of the Board of Directors of Brooktrails Township Community Services District Approving the Application for Grant Funds for the Roberti-Z'berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for the Redwood Grove Acquisition Project, as amended. The motion was seconded by Director Whitney, and a vote was taken as follows:

AYES: Directors: Whitney, Venturi, Estabrook
NOES: Directors: None
ABSENT: Directors: Monteleone, Orth
Resolution No. 2001-27 Adopted.

6. REPORT FROM THE RECREATION COMMITTEE AND REVIEW OF PROPOSED BUDGET FOR THE $30,000 PER CAPITA GRANT FUNDS

Director Whitney asked the General Manager to prepare a report summarizing his priorities. He encouraged more focus on the areas in the District that are high use.

Action was deferred to the next meeting.

7. REPORT ON COST ESTIMATE FOR NEW TEE MATS FOR THE GOLF COURSE

General Manager Chapman briefly reviewed the revised cost estimate for the golf mat project, and reported that he and Assistant Park Superintendent, Doug Pohlson, had checked references and gotten positive feedback from other courses that have the mats.

Director Whitney made a motion to approve the golf mat project. The motion was seconded by Director Venturi and passed unanimously by the members present.

8. DISCUSSION OF GOALS AND OBJECTIVES, RECREATION NIGHT

Deferred.

I. SPECIAL REPORTS - GENERAL MANAGER

General Manager Chapman commented that the lake level is low, and the next water bill would have a message encouraging residents to conserve water.

Director Whitney reported on a recently repaired water leak in the golf course.

General Manager Chapman reported on a recently discovered leak coming from a vacant house that had been shut off.

J. PUBLIC COMMENTS

George Skezas encouraged General Manager Chapman to advise people of the consequences of the failure of the tax measure prior to the election.

Director Whitney asked for a future agenda item to clarify the options if the fire tax doesn't pass. Options include annexation with Little Lake Fire District, which would increase taxes to the level charged by Little Lake, or service provided by CDF.

K. ADJOURNMENT

Director Venturi moved to adjourn and President Estabrook declared the meeting of September 25, 2001 closed at 10:20 p.m.


MICHAEL V. CHAPMAN
Secretary to the Board of Directors


RICHARD ESTABROOK
President