Mendocino Historical Review Board

MHRB members must reside within the Historic District. Property ownership in the Historic District is not a requirement. Historically, it has been difficult to find qualified applicants to serve on the MHRB. 1999-2000 Mendocino County Grand Jury Final Report 169 Response (Planning & Building Services): Staff has not observed a shortage of eligible Review Board members in recent years. Response (Board of Supervisors): The Board agrees with the finding that MHRB members must reside within the Historic District. The Board agrees with Planning and Building Services that a shortage of eligible Review Board members in recent years has not been observed.

MHRB members and staff are not required to have expertise or experience in historic preservation, architecture or other related fields. Response (Planning & Building Services): Agree with this finding in that there is nothing specific in County Code or employee job descriptions that require expertise or experience in historic preservation, architecture or other related fields, however, this knowledge and experience is a consideration at the time of appointment. Response (Board of Supervisors): The Board agrees with Planning and Building Services’ response that although there is nothing specific in the County Code or employee job descriptions that requires expertise or experience in historic preservation, architecture or other related fields, this is a consideration at the time of appointment.

Testimony has shown that some members of the MHRB do not possess sufficient technical expertise. Response (Planning & Building Services): Supervising Planner, Doug Zanini, writes: “During my time as the Executive Secretary (to MHRB) I have observed that very little of what the Review Board does requires technical knowledge or expertise in architecture. I have also found that there are not many architects who specialize in historical preservation no am I aware of any architects in the local area that have bona fide credentials as an historical preservation architect. What is more important that technical knowledge is an intimate knowledge of the town and its history, ability to read architectural drawings, a passion for and a track record in historical preservation, and familiarity with the Design Guidelines.” Response (Board of Supervisors): The Board agrees with Planning and Building Services that, although it would be beneficial, the Review Board’s responsibilities do not necessarily require technical knowledge or expertise in architecture. The Board also concurs with the Department’s observation that there are very few architects who specialize in historical preservation in this community.

The Mendocino County Department of Planning and Building Services provides staff to support the MHRB. The staff is a Coastal Planner working out of the 1999-2000 Mendocino County Grand Jury Final Report 171 Fort Bragg office. The primary function of the staff is to provide support to the MHRB as follows: a. prepares reports on applications b. schedules site views c. provides posting notices to property owners d. takes minutes at MHRB meetings e. posts notices at various public places f. investigate violations. Response (Planning & Building Services): Agrees with this finding. Response (Board of Supervisors): The Board agrees with this finding.

The staff does not make recommendations to the MHRB other than procedural. Response (Board of Supervisors): The Board agrees with this finding.

Public notices are posted at the following locations: Post Office, Recreation Center, bulletin board at Wilkes-Bashford Building, property in question and an agenda is sent to the Mendocino Beacon newspaper and local radio stations. Adjacent property owners are not specifically notified. Response (MHRB): The above mentioned postings should be continued and, in addition, there should be a posting in a secure location where the notice cannot be removed or covered over. MHRB agrees that property owners within 300 feet of the subject property should be notified by mail in a timely way. This could be limited to applications requiring the higher fee, signifying a large scale project. Response (Planning & Building Services): Agrees with this finding. Response (Board of Supervisors): The Board agrees with this finding. 174 1999-2000 Mendocino County Grand Jury Final Report

The County ordinance does not give the legal right to enforce violations to MHRB. Enforcement, under the jurisdiction of the Department of Planning and Building Services, does not always happen. Violations are handled in the following manner: a. Violations are received as complaints to the MHRB and referred to staff. b. Staff investigates to verify the complaint and sends a letter to the violating party. c. If compliance is not forthcoming after 30 days, a second letter is sent. Currently this process takes three months due to staff workload. d. If compliance does not occur after the second letter, the matter is referred to the Code Enforcement Section of the County Planning Department. e. Compliance can ultimately be forced by issuance of a citation, which can result in a court hearing; the entire process may be delayed due to the priorities of the Coastal Planner and Planning Department Code Enforcers. 176 1999-2000 Mendocino County Grand Jury Final Report (Priority is given to more important matters on their schedules, such as new permit applications or inspections involving public health or safety.) Response (Planning & Building Services): The Department agrees with this finding. As stated In 7e, the Department prioritizes violation cases based upon limited staff availability, other matters or duties such as permit processing and whether or not the public health or safety is threatened. Response (Board of Supervisors): The Board with this finding. The Board concurs with the Department’s policy of prioritizing violation cases based upon staff availability and whether or not public health and/or safety is threatened.

The present system takes too long to resolve issues primarily because staff prioritize work according to relative importance. Consequently, issues such as signs, banners, and paint color, can extend for months before being resolved. The result is the perception that MHRB is an impotent entity. Testimony has questioned the value of MHRB rulings if they are not acted upon. There is also a perception that too much attention is being placed on "trivial" matters. Response (Planning & Building Services): Agrees with this finding. However, I would note that the last sentence appears to conflict with the first sentence in this finding. Response (Board of Supervisors): The Board agrees with this finding as it relates to staff prioritization of work according to relative importance.

MHRB findings and decisions can be appealed to the BOS within 10 days. Response (MHRB): The ability of en applicant to appeal a MHRB decision to the Board of Supervisors ensures a “check and balance” in the approval process. Applicants are advised at the meeting of this appeal option and are advised to delay starting their project for 10 days in case an appeal is filed. Response (Planning & Building Services): Agrees with this finding 178 1999-2000 Mendocino County Grand Jury Final Report Response (Board of Supervisors): The Board agrees with this finding.

Often, property owners who want to make changes to their property, claim that they were unaware of the historic preservation requirements when they bought property in the Historic District. Response (Board of Supervisors): The Board can neither agree nor disagree with this finding, as information substantiating this claim has not been received.