MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Eads, Estabrook, Orth and Skezas. Also present were General Manager Williams and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None

D. MINUTES OF PREVIOUS MEETINGS

August 3, 1999

Director Orth moved to approve the minutes of August 3rd as written, seconded by Director Eads. Motion was passed unanimously by the members present.

E. SPECIAL PRESENTATION - HAL WAGENET

Mr. Wagenet took the podium and began his presentation with a brief outline of the Willits 101 Bypass Quail Meadows interchange , as described to him by the Caltrans project manager, noting that the construction of the interchange as planned would result in the removal of his home.

He pointed out that a review of various resolutions passed over the years by the governing Boards in the area indicate a variety of preferences for the location of the Bypass and the Second Access for Brooktrails, and stressed the importance of integrating the two projects.

Using the overhead projector and a Caltrans map, he reviewed each alternative proposed for the Willits 101 Bypass, pointing out the location of the geological features of the area. He also pointed out the route which would be taken by his proposed second access, following an old logging road through Wild Oat Canyon.

He proposed using a combination of alternatives L and C1for the Bypass, constructing an interchange north of the truck scales. The Wild Oat Canyon second access road would intersect with that interchange, and with Sherwood Road at Brooktrails Drive. He felt that this layout would cause the least amount of environmental impact, and urged the Board to support his proposal.

General Manager Williams stated that many calls and letters of support for the proposal had been received by the District office. He noted that Andrew Brandt, the interim Project Manager from Caltrans, was present in the audience.

President Skezas invited members of the audience to ask Mr. Wagenet any questions they may have.

Bob Houtz reported that the BPOA recently voted to support the proposal. Ellen Drell of the Willits Environmental Center asked Mr. Wagenet if his proposed second access road could also connect to other alternatives besides C1, if needed, depending on the outcome of the environmental studies. Mr. Wagenet answered that a road could be built to go anywhere. However, he had considered the environmental impacts, and felt that his proposed alignment presented the least amount of consequence. Others who spoke included Mary Rued, Linda Nichols, Art Eck, Phil Woodard, Susan Monteleone, and Ann Maxwell. Fire Chief Dave Thomen also voiced his support for the proposal, suggesting a connection to Sherwood Road above Poppy Drive. Phil Dow, Director of MCOG, outlined the recent developments in the planning of the Willits 101 Bypass, and felt that Mr. Wagenet's proposal was well-timed.

General Manager Williams commented that the Mayor of Willits, Denny McEntire, Willits City Manager, Gordon Logan, Mendocino County Interim Director of Transportation, Bob Parker, and Traffic Engineer, Doug Ellinger, were also in attendance.

F. PUBLIC HEARING

3. CONSIDERATION OF PROTESTS TO THE ABATEMENT OF A PUBLIC NUISANCE ON CERTAIN PRIVATE PARCELS LOCATED WITHIN THE DISTRICT.

General Manager Williams explained that on July 27th the Board did declare a public nuisance on 118 lots, 78 of which have yet to be complete. This is an opportunity for the lot owners to appear and protest the abatement of their properties.

President Skezas opened the public hearing at 8:18 p.m. Bob Houtz from Harrah Place came forward and asked that the Board notify contractors to keep the street gutters clear of debris after abating a lot. No other property owners came forward, and President Skezas closed the public hearing at 8:20 p.m.

One protest was received by mail from Donald Dussault. A copy of the General Manager's response was provided for the Board. Fire Chief Thomen confirmed that the lot in question had been cleared.

Director Orth moved to approve Resolution No. 1999-35, a Resolution Ordering the Abatement of a Public Nuisance on Certain Private Parcels Located Within the District. Motion was seconded by Director Estabrook and the vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-35 Approved

4. RATE INCREASES PROPOSED BY SOLID WASTES OF WILLITS

Solid Wastes of Willits filed a request for an adjustment to the rates for collection of solid waste in Brooktrails, as provided for in the Franchise Agreement. Jerry Ward of Solid Wastes of Willits was present in the audience to answer any questions.

Director Orth asked District Counsel Neary to clarify the provisions of Proposition 218, as they relate to rate increases for collection of solid wastes. District Counsel Neary explained that because this contract was entered into prior to the passage of Proposition 218, those provisions did not apply.

President Skezas opened the public hearing at 8:26 p.m. Hearing no comments he closed the public hearing at 8:27 p.m.

Director Whitney pointed out that the commercial rates as shown on the proposed resolution had not changed. Mr. Ward clarified that those rates were increasing, and General Manager Williams assured the Board that the rates would be corrected in the body of the Resolution.

Director Orth moved to approve Resolution No. 1999-36, a Resolution Approving the Rate Schedule for Garbage Collection and Curbside Recycling Effective September 1, 1999. Director Whitney seconded the motion, and the vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-36 Approved

President Skezas thanked Mr. Ward for his presentation and for the time he took responding to the concerns of the Board members.

5. REVIEW OF DISTRICT'S HAZARD ABATEMENT STANDARDS AND PROPOSED STANDARDS TO BE APPLIED TO AREAS OF THE DISTRICT GREENBELT PROPERTIES.

General Manager Williams reported that as part of the Grand Jury's review of the District's hazard abatement program, it was suggested that public input be received, from both property owners and residents, relating to the standards applied. This public hearing was scheduled by the Board in response to that direction.

The Board did review the hazard abatement standards and noticing procedures at three meetings in 1998. One concern raised previously was the apparent lack of comprehension of what should be done after the work is complete. It was observed that three places on the notice it advises the property owner to contact the Fire Department after the lot is abated. Also, our standards seem to be consistent with those recommended by CDF in their "Fire Safe - Inside and Out" brochure, which is included with the notice. Recently, a review of our Greenbelt was conducted by Tess Albin-Smith, a Forest Advisor with CDF, who made a number of suggestions for the standards used there.

General Manager Williams provided a brief review of the standards, after which time President Skezas opened the public hearing at 8:39 p.m.

Janet Orth came forward and suggested that the Board promote the use of electric equipment in the clearing process, as opposed to internal combustion engine powered equipment. She reported that the Renewable Energy Development Institute (REDI), of which she is a Board member, has study material available about electric-powered equipment and provided marketing suggestions for the use of the debris material.

Kristin Wagner of Perch Drive, expressed concern about the effect clearing in the Greenbelt will have on the wildlife of the area. General Manager Williams stated that a pilot program is being conducted near Lake Emily to assess the effects. Art Eke asked what could be done about residents who allow bushes to grow out into the road. General Manager Williams suggested he contact the Department of Transportation.

No other members of the audience came forward, so President Skezas closed the public hearing at 8:50 p.m. He then called for a break to change the tape.

Director Eads suggested allowing more time to comply with the order to abate. Fire Chief Thomen stated that when he does that, people have a tendency to put off having it done. If the thirty day limit is not enough, they can call for an extension.

Director Whitney agreed that the Board should promote the use of electric equipment. In response to Mr. Houtz's concern, he asked that after the second sentence in Section "C" of the Hazard Abatement Notice, a sentence be added that reads "Do not place this material in the roads or gutters."

Director Estabrook noted that there were still some people that did not understand that they need to contact the Fire Department after they abate their property. He suggested either increasing the font size or perhaps highlighting the statement so that it stands out more.

Director Orth suggested , in the "Response to Typical Questions" section on the back of the form, rewording the answer to the second question to specify that the Chief or Fire Prevention Officer will sign off the lot, not just address their concerns.

Director Eads felt that the statement about not leaving debris in the gutter would be more effective if were a general statement at the beginning of the notice. President Skezas suggested that because Item B specifically states that vegetation must be chipped, burned on-site or hauled away, Item B should be checked on each notice that goes out.

Director Whitney asked Ms. Orth to provide Board members with a copy of the Fuel Management Program developed by REDI. He also assured Ms. Wagner that the purpose of the pilot program is to assist the Board in evaluation of the standards recommended by CDF for the Greenbelt. Director Estabrook agreed that the CDF standards may not be appropriate for the entire Greenbelt area. Director Orth stated that all aspects must be considered, including wildlife habitat and conservation, not just fuel reduction.

Board members agreed to continue the discussion of the standards used in the Greenbelt as part of agenda item 7.

G. PUBLIC COMMENTS

Maria Bates asked that the Board review the recent water rate increase. General Manager Williams informed her that the Board reviews rates annually in January. She also asked for a future agenda item updating the public on the status of Summer Lake.

H. ACTION AGENDA

6. CONSIDERATION OF A RESOLUTION REVISING THE BOARD POSITION AS TO THE LOCATION OF THE SECOND ACCESS.

Because of an economic conflict of interest, Director Whitney left the table. General Manager Williams stated that the proposal presented by Mr. Wagenet is very similar to the third access proposed in the Brooktrails Specific Plan, which states on page 7-4 that if the Bypass is developed, a connection to it north of Willits is the preferred alternative for the second access. He reviewed the provisions of the draft resolution, and the two previous resolutions passed by the Board stating their preferred alternative.

Director Eads stated that Brooktrails Township is not the lead agency in this endeavor, and that this resolution is simply supporting the concept. He voiced his disapproval of the approach taken by Caltrans to conduct a separate EIR for each alternative for the Bypass. He endorsed the alignment as proposed by Mr. Wagenet.

Director Estabrook commended Mr. Wagenet for his thoughtful planning effort, and stated his support for the proposal. He distributed copies of a chart he had prepared which analyzed the traffic studies done by TJKM, Fehr & Peers, and Caltrans, to clarify the amount of traffic flow on Sherwood Road. He noted the following advantages of the proposed alignment: a reduction in commute time for all residents; no change to where traffic enters Brooktrails, therefore it doesn't turn a residential street into a major thruway; not growth-inducing because no new areas are opened up for development; and it bypasses all Willits intersections. He voiced his concern about the long term effects of a direct connection from Brooktrails to a major freeway and the effect that would have on growth. He was also apprehensive about the effect the loss of revenues provided by commuters will have on the local economy.

He suggested that if the bypass were changed from a four-lane high-speed freeway to a slower, two-lane freeway it would alleviate some of his concerns about growth inducement, and also entice commuters to shop in Willits. Based on projections he derived from the various traffic studies, he believed that a two lane freeway bypass would be sufficient to handle the traffic, and significantly cut the cost of the project. In closing, he restated his support for the Wild Oat Canyon route and the proposed resolution.

Director Orth recalled that after the passage of Resolution No. 1988-4, a large earthquake prompted the State to devote available funds to necessary overpass and bridge reinforcement projects. This delayed the bypass project, and caused the Brooktrails Board to redirect its second access efforts to the Highway 20 connection. However, that has now changed.

Also, he reminded Board members that under the definition of a"corridor project," funding should be available under SB45, and he reviewed the STIP guidelines which were adopted in 1998. He stressed the need to remind the County that we are all partners in this effort, however they are the lead agency for the project.

President Skezas stated his support for the project, and opened the floor to public comment.

Using the overhead projector and map, Ellen Drell pointed out that the C1 alignment and the truck scales interchange would require construction near the environmentally sensitive area of Outlet Creek and Mill Creek, where wild salmon and steelhead are known to exist.

Director Estabrook requested a change to item number 4, striking the words "the truck scales interchange" and replacing it with "Willits." He also asked that the word "directly" be removed from item number 2.

Susan Monteleone came forward to reinforce her stated agreement with the two lane bypass, as advocated by Director Estabrook.

Director Orth moved to approve Resolution No. 1999-37, a Resolution Recommending that the Planned Access from Sherwood Road to the Freeway Bypass be Pursued as the Second Access to Brooktrails, with the changes requested. The motion was seconded by Director Eads, and the vote was taken as follows:

AYES: Directors: Eads, Estabrook, Orth, Skezas

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Whitney

Resolution No. 1999-37 Approved

7. CONSIDERATION OF DRAFT RESPONSE TO THE 1998-99 GRAND JURY REVIEW OF OUR HAZARD ABATEMENT PROGRAM.

General Manager Williams explained that his is a carry-over item from the last Board meeting, wherein a draft response to the Grand Jury's review of the District's hazard abatement program was provided to Board members. Director Whitney made suggestions to the wording of the letter, and an additional paragraph was added to inform the Grand Jury that a public hearing was held, and the existing standards were re-affirmed.

Director Orth asked that the Fire Chief provide yardage figures for fuel load removed from the Greenbelt. After a brief discussion, it was decided that the letter would be sent with the changes proposed by Director Whitney, and the yardage information from the Fire Chief would be included as an attachment.

8. 1999 HAZARD ABATEMENT PROGRAM; AWARD OF CONTRACT FOR ABATEMENT OF PUBLIC NUISANCE ON GRASS LOTS; BID OPENING WAS AUGUST 24, 1999.

General Manager Williams noted that only one bid was received from Dan's Tree Service to abate the 78 lots that remained to be done. Because the cost to abate wooded lots is higher during the summer, when a chipper must be used as opposed to burning, and the time it takes to go through reimbursement process, he recommended that the Board award the contract to Dan's for the 36 lots marked as grass only, and refer the other lots back to staff to be abated with the wooded lots in the Spring. He pointed out that the bid for three Lodge lots had reduced from $7600 to $1000 for the work remaining to be done there.

Director Orth moved to award the contract for grass lots only, and refer the remaining lots back to staff. Directors Estabrook and Eads indicated that they wished to discuss this matter further. Consequently, Director Orth withdrew his motion.

Director Eads felt that it was unfair to the property owners who completed the required work to defer action on the remaining parcels. General Manager Williams explained that it was a cost saving measure, and that the remaining lots would be reviewed and would be reported on at the next meeting.

Director Orth reinstated his motion to award the contract for grass lots only, and refer the remaining lots back to staff. Director Whitney seconded the motion which passed unanimously.

I. SPECIAL REPORTS - THE GENERAL MANAGER.

i. Significant Correspondence received since last meeting:

A thank-you letter was received from Virginia Strom-Martin in regards to our letter of support for the recreation field funding.

ii. Personnel

Director Orth thanked the two non-incumbent Board candidates for attending the meeting. General Manager Williams reminded them that the orientation meeting will be held on October 2, 1999.

iii. Finance

Board members considered warrants for July and current Accounts Payable.

Invoices reviewed included one for repairs to the par-course bridge, due to vandalism, which will be submitted to the insurance carrier for reimbursement, and two invoices from Ron's Muffler and Automotive Repair for work done on the air conditioning in the Fire Chief's Bronco.

General Manager Williams reported that the semi-annual payment to LaSalle Bank can be paid out of reserves, pending receipt of property taxes from the County.

iv. Planning

Notice was received from the Elections office that the Fire Tax measure will be Measure C on the November ballot. No arguments against the tax were submitted, and the analysis by County Counsel has been received.

v. Possible upcoming agenda items

vi. Other

J . PUBLIC COMMENTS

None

K. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of August 24, 1999 closed at 11:00 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

GEORGE C. SKEZAS

President