BEFORE THE BOARD OF DIRECTORS

OF

BROOKTRAILS COMMUNITY SERVICES DISTRICT


IN THE MATTER OF:

 

AN ORDINANCE ESTABLISHING            )

BROOKTRAILS REDWOOD PARK,          )

PROVIDING FOR AND RESTRICTING    )                      ORDINANCE 63

THE USE THEREOF AND PROVIDING    )

FOR THE ADOPTION OF REGULATIONS)

GOVERNING THE USE OF THE PARK    )

____________________________________)



            WHEREAS, on November 13, 1962, the voters of the area generally known as "Brooktrails" unanimously voted to create the "Brooktrails Resort Improvement District"; and,


            WHEREAS, under the Public Resources Code of the State of California and Resolution No. 63-111 of the Board of Supervisors of the County of Mendocino certain powers were granted to said District to be exercised by its Board of Directors; and,

 

            WHEREAS, said powers included, among others, the provision of "public recreation by means of parks, including, but not limited to, aquatic parks and recreational harbors, playgrounds, golf courses, swimming pools, or recreation buildings for all-year recreation, including, but not limited to, facilities for public and private meetings, and other public squares and places"; and,


            WHEREAS, on August 17, 1966, Sheet 1 (of a total of 124 sheets) of Tract 86, Brooktrails Vacation Village Subdivision, was recorded which dedicated over 2,000 acres to the Brooktrails Resort Improvement District to be used "for all purposes as prescribed in Section 13070 of the Public Resources Code"; and,


            WHEREAS, said acreage was accepted by said District by Resolution No. 53 on August 1, 1966, on behalf of the owners of lots in said subdivision to be held and maintained as a public trust to the benefit of future; and,


            WHEREAS, the Final Subdivision Public Report on said subdivision provided for the reference of sections of the subdivision as "Brooktrails Redwood Park" and made reference to bonds and financing for the improvements of the golf course and recreational facilities, including a maintenance district therefore; and,


            WHEREAS, on October 24, 1967, the Brooktrails Maintenance District was created by the Board of Directors of the Brooktrails Resort Improvement District for the purposes of financing "the expenses of maintaining and operating" certain specific improvements related to said dedicated land and "all other improvements of a local nature which have been or may hereafter be acquired or constructed in the Maintenance District"; and,

 

            WHEREAS, on November 4, 1975, the voters of the Brooktrails Resort Improvement District approved the ,.ยท reorganization of the Improvement District into the Brooktrails Community Services District (BCSD); and,


            WHEREAS, said reorganization provided that BCSD "shall succeed to all of the powers, rights, duties, obligations, functions and properties" of the Improvement District; and,

 

            WHEREAS, said ballot measure specifically authorized BCSD to exercise the power of "public recreation by means of parks, including, but not limited to, aquatic parks and recreational harbors, playgrounds, golf courses, swimming pools or recreational buildings" as provided in Section 61600 of the Government Code1 and,


            WHEREAS, the Final Subdivision Public Report for that area within the boundaries of BCSD known as Spring Creek Parcel Subdivision specifically noted that the BCSD provides such services as "water distribution, sewage collection and treatment, fire protection, golf course management and maintenance, fish and game control, etc." for which various assessments were to be collected; and,


            WHEREAS, the underlying philosophy for the use of the acreage dedicated to the Improvement District and now under the ownership, control and management of the BCSD can be defined as the "hyleopolis", as follows:


            (a) said acreage constitutes a major part of the watershed of the District which is to be primarily a conservation area to be protected from the significant impacts of development and human activity.

 

            (b) said acreage is considered to be a physical extension of the smaller, suburban type lots found nearby and adjacent thereto within the Brooktrails

area, directly benefitting those properties and the owners thereof who have direct access to the acreage.

 

            (c) said acreage is to be an interface between the natural environment and the residents who benefit directly therefrom and was to be protected, planned, and used in a manner to avoid a direct encroachment

impact on nearby private property because of general public use,

 

            (d) portion of said acreage located in the southeastern area thereof and the areas intended for golf course use were to be developed for active recreation activities to the benefit of property owners, residents, and the general public; and,

 

            WHEREAS, the Board of Directors of the Brooktrails Community Services District wishes to reaffirm the utility-service nature of conservation and recreation in the District as originally envisioned; and


            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE BROOKTRAILS COMMUNITY SERVICES DISTRICT AS FOLLOWS:


            Section 1. The Brooktrails Redwood Park. Those dedicated lands accepted by Resolution No. 53 of the Brooktrails Resort Improvement District and all lands subsequently dedicated or acquired by the District, as indicated in Exhibit A attached hereto, and all lands acquired by the Brooktrails Community Services District, are hereby declared to be the Brooktrails Redwood Park, hereinafter referred to as "Park".


            Section 2. Purpose and Use of Park.

            (a) The Park constitutes much of the watershed of the District and, as such, is a facility incidental to the water system of the District.

             (b) The District shall not use Park for any purposes other than those enumerated in Section 13070 of the Public Resources Code of the State of California as provided in the original dedication of the land in the Park.

            (c) The primary public purpose of the Park is hereby declared to be for the protection, conservation, and management of the trees, other vegetation and wildlife therein, in order to retain and create a natural environment readily available for the passive enjoyment of the property owners and residents of the District.

            (d) General public use for active recreation shall be pursuant to a master plan for such use in the Park adopted or amended by ordinance of the Board of Directors of the District following a public hearing.


            Section 3. Regulations Governing the Use of Park. The Board of Directors of the District may adopt by ordinance regulations binding upon all persons to govern the use of the Park as provided in Section 61621.5 of the Government Code, the violation of which is a misdemeanor.

 

* * * * * *

CERTIFICATION


I hereby certify that the foregoing is a full, true and correct copy of an Ordinance duly and regularly passed by the Board of Directors of Brooktrails Community Services District at a regular meeting thereof duly held on the 23rd day of June , 1988 by the following vote:


AYES: Directors:       Stephens, Bothwell, VanDer Wende, Nicholas, Orth

NOES: Directors:       None

ABSENT: Directors:  None