MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Eads, Whitney, 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

June 29, 1999

1. Director Orth moved to approve the minutes of June 29, 1999 , asking that on page 2887, in Action Agenda item number 5, the phrase "sent to the Board of Supervisors" be changed to "sent to Third District Supervisor, Tom Lucier." The motion was seconded by Director Whitney and the vote was taken as follows:

AYES: Directors: Whitney, Estabrook, Orth

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Eads and Skezas

E. SPECIAL PRESENTATION BY DIRECTORS WHITNEY AND ESTABROOK

Director Whitney began the presentation explaining that he and Director Estabrook had attended the SDRMA workshop on March 18, 1999 at the Fetzer Pavilion. Copies of the workshop materials were provided to the Board members.

Of particular interest to him was the discussion of conflict of interest laws. He suggested that the Conflict of Interest pocket guide published by SDRMA be provided to all persons required to file the annual Form 700, and that they be invited to the Board's annual planning session.

Director Estabrook reported on recent changes to the Brown Act. Noting that this is an election year, he commented that newly elected officials are subject to the provisions of the Brown Act, even before being sworn into office. Also, he encouraged Board members to nominate a representative from a Community Services District for a seat on LAFCO.

 F. PUBLIC HEARING

2. RESOLUTION CONFIRMING COST OF ABATEMENT; HEARING ON ABATEMENT EXPENSE

General Manager Williams explained that this process actually started in March, with 148 lots declared as public nuisances. Work was completed by the owners of all, but 59 lots. Four contractors bid on the work to abate these hazards, the work is currently complete, and the cost to the District must now be placed on the tax rolls.

Fire Chief Dave Thomen noted that payment had been received from the owner of number 106 on the list, which should be removed prior to submitting the list to the County, leaving 58 lots on the final list.

Director Eads asked that a program be implemented to notify large property owners that they will be subject to the hazard abatement program.

Director Whitney complemented the Fire Chief and his staff for the decrease in the number of lots on the list compared to last year, and for the reduction in fuel load and increased fire safety within the District.

Director Estabrook asked for an update on the three Lodge properties which were left on the list at the public hearing in April. General Manager Williams explained that those were removed because the abatement was in the process of being done by the property owner.

Director Orth noted that in addition to the abatement of private properties, extensive amounts of fuel load is removed from the Greenbelt areas each year by CDF and State agencies, further enhancing the safety of the District.

Henry Grishaber, owner of lots 74 and 75 on the list came forward. Stating that he had cut a number of trees on his property four years ago in anticipation of building, he felt that the charge was unreasonable for the amount of work done by the contractor. After a brief discussion, Board members determined that Mr. Grishaber had been given notice that the property would be abated, and did not respond in a timely manner.

Burton Banzhaf Jr., owner of lots 20 and 21 came forward. He was under the impression that he had completed all necessary work prior to the arrival of the contractor. He felt that it was not made clear on the notice he received that he had to call for Fire Department approval when the work was complete. The contractor did very little work, and he felt the charges were excessive.

No other members of the audience came forward, and President Skezas closed the public hearing at 7:56 p.m.

Because the process was duly noticed, Director Orth moved not to waive fees on lots 74 and 75, seconded by Director Estabrook. The vote was unanimous in favor of the motion.

On item numbers 20 and 21, Director Whitney moved to waive the $51 administrative fee on each lot, because the owner attempted to abate the lot on his own. Director Eads seconded the motion, expressing his concern about the apparent lack of communication during the process.

Director Estabrook felt that procedures were properly followed, and was not in favor of waiving the fees. Also, he would like the District's procedures to be reviewed.

President Skezas called for a vote on the motion which was taken as follows:

AYES: Directors: Eads, Whitney, Orth, Skezas

NOES: Directors: Estabrook

ABSENT: Directors: None

Motion approved.

A motion was then made by Director Orth to approve Resolution 1999-26, A Resolution Confirming the Cost of Abatement and Providing for the Collection on the Regular Tax Bill by the County of Mendocino, as amended. The motion was seconded by Director Whitney and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-26 Adopted.

3. CONSIDERATION OF ORDINANCE NO. 110, WHICH WOULD AMEND ORDINANCE NO. 29 TO PROVIDE FOR SPECIFIED INCREASES IN THE SPECIAL FIRE TAX.

At the meeting of June 29, a proposal was introduced to amend the current Fire Tax which was established in 1981. Using the overhead projector, General Manager Williams reviewed charts showing the existing rates and the projected revenues and expenses expected over a ten year period, anticipating an on-going shortfall of nearly $100,000 annually.

At the previous meeting, Board members reviewed a number of options, preferring the option which provides for an initial 50% increase, raising the single family residence rate from $45 per year to $74 per year, as well as an escalator of 5% per year, to a maximum 50% increase over the ten year period. A chart was provided showing the annual rate each year over the ten year period, with single family residences paying a maximum annual tax of $111 at the end of ten years.

Director Eads expressed his doubt about getting the necessary voter approval on a measure that included an annual escalator, as he felt voters would not like the variable.

Referencing a chart provided which compared proposed tax rates with neighboring communities, Director Whitney expressed his desire to remain at or below the rate charged by the Little Lake Fire District. He suggested dividing the tax between fire and medical emergency service. He also felt that the multi-family and commercial rates should be broken out by units, and the rate for vacant lots should be higher than $30, because of the fire danger of open wooded lots.

Anticipating inquiries from citizens, Director Estabrook felt that justification was needed for the amount of the proposed tax. He felt that the escalator was an appropriate way to adjust the tax for inflation, rather than overcharging in expectation of future cost of living increases.

Director Orth stated that the District will need to convince the voters that inflation is a factor, and must determine if ambulance and fire service are services they want and are willing to support. Also, he pointed out if the Board were to wait until the March election, it would be another year before the tax could take effect.

He felt that the lower vacant lot charge was justified, as residents benefit more from the services than do the non-resident vacant lot owners. Although not in favor of per-unit charges, he was in favor of the escalator.

President Skezas felt that it was important for the five Board members to be in agreement on the issues, if they hope to win over the voters. He stated that the Fire Department fund has been ignored for nearly twenty years, and an increase is long overdue. He then opened the Public Hearing at 8:37 p.m.

Both Robert Terry and Dick Robie came forward and spoke in favor of the tax increase. Mr. Robie felt it would be appropriate to split the tax between ambulance and fire, and stressed the need for the Board members to actively sell the measure to the public.

No other members of the audience came forward, so President Skezas closed the public hearing at 8:40 p.m.

Director Eads felt that if an escalator is included, it should be based on the Cost of Living index, as opposed to a flat 5% increase each year. He liked the idea of separating the tax between ambulance and fire services. However, he felt that the tax proposed for multi-family dwellings was too high, based on the cost of fighting a fire at a multi-family dwelling.

General Manager Williams reminded the Board members that if the escalator were lowered to 2.5%, a budget deficit again occurs in the year 2006.

District Counsel Neary cautioned the Board about splitting the tax, as the District has not established an independent provision for ambulance tax. Currently ambulance service is provided under the provisions of the Uniform Fire Code, which justifies the use of the Fire Tax revenues for funding.

President Skezas asked for a break to change the tape.

Director Whitney made a motion to waive further reading and introduce Ordinance No. 110, with the following changes; in the third "Whereas", add the phrase "lot abatement" after the word "expanded" and change "backup ambulance service" to "backup ambulance and emergency medical services", eliminate the middle column showing the amount of the tax increase, and change the wording of the first sentence to read "following annual tax" as opposed to "following increases in the tax rate."

He proposed the tax rates be established using a base rate of $65, adding approximately one half of that amount, $32, for each additional family unit as follows:

Single Family Residence $65

Duplex $97

Three Family Residence $129

Four Family Residence $161

Multiple Residence $227

Commercial Use $65 per unit

Hotel-Motel $32 per unit

Unimproved Parcels $35

Director Orth seconded the motion, excepting the addition of "lot abatement" in the third "Whereas", as he felt that it was not a popular program with the residents. Director Whitney amended his motion, and Director Orth confirmed his second.

President Skezas asked for a vote on the motion which passed unanimously.

Director Orth then made a motion to schedule a public hearing on proposed Ordinance No. 110 at a special meeting of August 3, 1999. The motion was seconded by Director Estabrook and passed unanimously.

G. PUBLIC COMMENTS

Robert Terry of the BPOA came forward to indicate that they would be resubmitting a letter previously sent to the County Department of Transportation concerning street parking and safety in Brooktrails, to which they had not received a reply. Director Estabrook suggested a future agenda item to address transportation concerns.

H. ACTION AGENDA

4. CONSIDERATION OF A RESOLUTION CALLING FOR A SPECIAL ELECTION SUBMITTING THE QUESTION OF CONFIRMING AN ORDINANCE IMPOSING AN INCREASE OF SPECIAL TAX FOR FIRE PROTECTION; FIXING THE DATE OF SAID ELECTION; AND ORDERING THE CONSOLIDATION OF SAID ELECTION.

Director Orth moved to approve Resolution No. 1999-27, a Resolution Calling for a Special Election Submitting the Question of Confirming an Ordinance Imposing an Increase of Special Tax for Fire Protection; Fixing the Date of Said Election; and Ordering the Consolidation of Said Election, seconded by Director Estabrook. The vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-27 Adopted.

5. CONTINUED CONSIDERATION OF A PROPOSED ORDINANCE PROVIDING FOR THE PROTECTION OF THE BROOKTRAILS REDWOOD PARK BY PROVIDING FOR REGULATIONS GOVERNING THE CONDUCT OF DESIGNATED OFFICERS, REPEALING ORDINANCE 64, AND SCHEDULING A PUBLIC HEARING FOR JULY 27, 1999.

General Manager Williams summarized an alternative proposed Ordinance presented to the Board, which would repeal Ordinance No. 64, require the presence of a County Deputy Sheriff when issuing citations for specific infractions, and would not provide a Firearms Policy or Pepper Spray Policy, but rather would rely on the Sheriff's Department for enforcement.

Director Orth commented that this issue had been studied in great depth over the course of the last several meetings. He appreciated the level of information presented, including research from the Internet, comments from District Counsel Neary, and involvement by the Sheriff's Department. He also felt that response time by the Sheriff's department was sufficient, and the issue had served to increase the level of coordination between the agencies.

Director Estabrook commented that the last "Whereas" was included in the original Ordinance to justify why the Fire Chief and Fire Prevention Officer needed to be armed, and was no longer relevant to the Ordinance. He asked that the word "persons" be deleted from paragraph "a" of Section 1, and that the descriptive phrase "by means of issuing citations" be included as part of Exhibit A.

Director Eads suggested removing the word "primary" from paragraph "c" of Section 1, as he felt the primary duty of the Fire Chief and Fire Prevention Officer are protection of property and residents from fire.

Director Whitney agreed with the changes proposed by Directors Estabrook and Eads in paragraphs "a" and "c" of Section 1. He clarified that the provisions of this Ordinance are in addition to the Uniform Fire Code.

Both Director Whitney and Estabrook expressed their appreciation for all of the work that had been done on this issue.

President Skezas commented that this would prohibit the Officers from carrying concealed weapons. He then called for a motion to waive further reading, introduce Ordinance No. 111 as amended, and schedule a public hearing for July 27, 1999, to which Director Orth stated "so moved." The motion was seconded by Director Estabrook and the vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth

NOES: Directors: Skezas

ABSENT: Directors: None

Motion carried.

6. CONSIDERATION OF A DRAFT RESOLUTION ADOPTING THE APPROPRIATIONS BUDGET FOR FISCAL YEAR 1999-2000;

Director Orth moved to approve Resolution No. 1999-28, a Resolution Adopting the Appropriations Budget for Fiscal Year 1999-2000, seconded by Director Estabrook. The vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-28 Adopted.

7. CONSIDERATION OF A RESOLUTION APPROVING A FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR THE 1999-2004 PERIOD;

Director Orth moved to approve Resolution No. 1999-29, a Resolution Approving a Five-year Capital Improvement Plan for the 1999-2004 Period, seconded by Director Eads. No changes were noted and the vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-29 Adopted.

8. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF MENDOCINO FOR THE COLLECTION OF WATER AVAILABILITY CHARGES.

Director Orth moved to approve Resolution No. 1999-30, a Resolution Authorizing Execution of an Agreement With The County of Mendocino For The Collection of Water Availability Charges, seconded by Director Estabrook. The vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-30 Adopted.

9. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF MENDOCINO FOR THE COLLECTION OF SEWER STANDBY CHARGES.

Director Orth moved to approve Resolution No. 1999-31, a Resolution Authorizing Execution of an Agreement With The County of Mendocino For The Collection of Sewer Standby Charges, seconded by Director Eads. The vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-31 Adopted.

10. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF MENDOCINO FOR THE COLLECTION OF SPECIAL FIRE TAX.

Director Orth moved to approve Resolution No. 1999-32, a Resolution Authorizing Execution of an Agreement With The County of Mendocino For The Collection of Special Fire Tax, seconded by Director Eads. The vote on the motion was as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-32 Adopted.

I. SPECIAL REPORTS

 i. Significant Correspondence received since last meeting:

ii. Personnel

iii. Finance

June Warrants and current aging report on Accounts Payable were reviewed by the Board.

iv. Planning

A draft letter transmitting comments on City of Willits Bicycle and Pedestrian Specific Plan was reviewed by the Board. Director Estabrook asked that the words "Without question" be deleted from the first sentence of the second paragraph.

President Skezas appointed Director Estabrook as the Brooktrails representative on the One Town-One Vision coordinating committee.

 

v. Possible upcoming agenda items

 

vi. Other

J. PUBLIC COMMENTS

None

K. ADJOURNMENT

Director Estabrook moved to adjourn and President Skezas declared the meeting of July 13, 1999 closed at 10:30 p.m.

PAUL A. WILLIAMS
Secretary to the Board of Directors

GEORGE C. SKEZAS,

President