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. SPECIAL PRESENTATION BY THIRD DISTRICT SUPERVISOR TOM LUCIER

Supervisor Lucier reported that the County Board of Supervisors is beginning its work on the Budget, which includes the funding of feasibility studies for a second access road for Brooktrails. They are hoping to put forth an assessment district which will include all properties using Sherwood Road, including those properties within the limits of the City of Willits. He then invited comments from Board members.

All Board members agreed that the Second Access and improvements to Sherwood Road were the main issues of concern in Brooktrails.

Director Eads pointed out that the timing of the Second Access issue coincides with CalTrans' plans for the 101 Bypass. Mr. Lucier acknowledged the value of having an interchange linking Brooktrails with the Bypass, as many people commute to Ukiah.

Director Whitney encouraged Mr. Lucier to support improvements to the Birch Street/Sherwood Road intersection, by means of installation of a left turn lane, and urged increased enforcement of speed limits. Director Estabrook suggested the Department of Transportation consider traffic calming techniques as a means of slowing traffic on Sherwood Road.

Director Orth reported on the possibility of funding through a state-wide bond issue. However, Mr. Lucier expressed his doubts about obtaining state funds for such projects, and felt that the money would need to be raised locally.

President Skezas voiced his disapproval of the formation of an assessment district as a means of funding the project.

Several members of the audience voiced their concerns about speeding vehicles.

Mr. Lucier assured the Board of his continued involvement in issues of concern, and President Skezas thanked him for attending.

E. PUBLIC HEARING

1. CONSIDERATION OF ORDINANCE NO. 111, TO PROVIDE FOR THE PROTECTION OF THE BROOKTRAILS REDWOOD PARK BY PROVIDING FOR REGULATIONS GOVERNING THE CONDUCT OF DESIGNATED OFFICERS AND REPEAL ORDINANCE NO. 64.

General Manager Williams summarized the revised Ordinance, reviewing the changes made as a result of discussion at the previous meetings.

President Skezas opened the public hearing at 7:44 p.m. Hearing no comments, he closed the public hearing at 7:45 p.m.

General Manager Williams reported that one letter had been received from Renee Elyce in support of firearms.

President Skezas commented that he was not voting in favor of this "watered down" version of the ordinance, as he did not feel good about asking the Fire Department Officers to enforce the ordinances of the District without the proper tools to do so.

Director Eads made a motion to waive further reading and adopt Ordinance No.111. He confirmed his opposition to anyone carrying weapons that has not been through Police Academy training, and felt that the Sheriff's Department response time was adequate. The motion was seconded by Director Estabrook.

A vote on the motion was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth

NOES: Directors: Skezas

ABSENT: Directors: None

Ordinance No. 111 Adopted.

F. PUBLIC COMMENTS

Gorden Wagenet came forward to report on the proposed Quail Meadows interchange proposed by CalTrans as part of the 101 Bypass plans. He had met with the new project director who expressed his desire to work with the local agencies and residents relating to the preferred interchange and its connection to the second access.

Bob Terry reported that he was unable to contact the District's duty person through the answering service over the weekend. Director Whitney also tried to make contact, and his call was never returned as promised. The General Manager assured them that he will contact the answering service and advise them of their responsibilities.

G. ACTION AGENDA

2. CONSIDERATION OF REVISING THE FIRST MEETING DATE IN AUGUST FROM THE 10TH TO THE 3RD.

Director Orth moved to cancel the regular meeting of August 10, 1999 and schedule a special meeting for August 3, 1999, seconded by Director Whitney.

Director Eads aired his concern about the number of meetings that have been canceled recently. He stated his preference to schedule additional meetings, when necessary, but felt that the majority of District business should be conducted at regular scheduled meetings, as the public expects consistency.

The vote was unanimous in favor of the motion.

3. CONSIDERATION OF A RESOLUTION DECLARING THE MOTEL STRUCTURE AT THE BROOKTRAILS LODGE A PUBLIC NUISANCE AND REQUESTING THAT THE COUNTY ABATE IT AS AN UNSAFE BUILDING.

Director Estabrook had submitted a letter requesting that the motel structure at the Lodge be dealt with by the Fire Department as a hazard. The Fire Chief inspected the structure and, finding no indication of fire danger, recommended the matter be referred to the County for enforcement as an unsafe building under the Uniform Building Code.

Director Estabrook moved to approve Resolution No. 1999-33, a Resolution Declaring the Motel Structure at the Brooktrails Lodge a Public Nuisance and Requesting That the County Abate it as an Unsafe Building. The motion was seconded by Director Orth.

Although not included in the Resolution, Director Eads disapproved of the cost estimate to abate the hazard as stated in the staff report. He felt it was irrelevant to the issue.

Director Whitney suggested adding the word "possibly" to the resolution, thereby making the safety determination the responsibility of the Building Department.

Director Estabrook felt that the District was qualified to declare the building as unsafe, but was neutral on the proposed change to the wording. He suggested establishing a nuisance mitigation fund to speed up the process of hazard abatement.

Director Orth disapproved the proposed change to the resolution, as he felt it weakened the governmental language. He also asked that a copy of the approved resolution be sent to Third District Supervisor, Tom Lucier. Director Eads also felt that the resolution should be sent in its original version.

President Skezas clarified that the motion was to approve the resolution without changes. A vote on the motion was taken as follows:

AYES: Directors: Eads, Estabrook, Orth, Skezas

NOES: Directors: Whitney

ABSENT: Directors: None

Resolution No. 1999-33 Adopted.

4. CONSIDERATION OF A DRAFT LETTER TO ROBERT PARKER, DIRECTOR OF THE COUNTY DEPARTMENT OF TRANSPORTATION, IN RESPONSE TO A LETTER RECEIVED FROM ROBERT TERRY, SECRETARY OF BPOA, REGARDING SPEED AND ON-STREET PARKING.

General Manager Williams explained that as early as 1997, letters have been sent to the County by BPOA and the District office, asking them to address the speed issue in response to concerns of citizens, and to conduct studies on the feasibility of the use of radar on specific streets within the District. Also in 1997, District Counsel Neary researched the requirements for establishing Brooktrails as a residential district. He felt those requirements could be met with proper posting of signs, which would make the speed limit 25 m.p.h.

The proposal is to send another letter, resubmitting the most recent correspondence from the BPOA, concerning parking, striping, and fog lines to the County Department of Transportation.

Director Eads was concerned about enforcement of no-parking areas, and cautioned the Board about consistent enforcement and the setting of precedents.

Director Whitney was in favor of posting signs indicating that Brooktrails is a residential area with a 25 m.p.h. speed limit. He suggested having Neighborhood Watch monitor parking on the main feeder streets, and report violations to CHP. He agreed with the assessment of the striping issues, as stated by the BPOA.

Director Estabrook was also in favor of posting residential area speed limit signs, but felt that traffic calming measures, as previously discussed, would be more effective.

Director Orth felt that District Counsel Neary's opinion concerning the residential area speed limit should be mentioned in the letter to Mr. Parker.

President Skezas spoke in favor of painting fog lines, as recommended in the letter from the BPOA. He summarized the Board's agreement to send the letter to Mr. Parker, referencing and including the 1997 opinion from District Counsel Neary.

5. DISCUSSION OF FISH AND GAME 1603 PROCESS. DUE TO RECENT LITIGATION, ALL WORK WITHIN WILLITS CREEK REQUIRES CEQA REVIEW BY FISH AND GAME. WE ARE PROPOSING MAINTENANCE WORK IN WILLITS CREEK, AND ARE REVIEWING IT WITH THE BOARD BEFORE SUBMITTING IT TO FISH AND GAME.

General Manager Williams thanked District Counsel Neary for providing the actual litigation of Mendocino Environmental Center vs. Department of Fish and Game, as a related item to the agenda.

He outlined the proposed streambed work proposed to stabilize the bank of Willits Creek at two places within the golf course, to prevent further undermining of several large trees.

Suggestions from Director Whitney included a "Yes" response to questions number 4 and number 13, commenting that Fish and Game should be made aware of the study done by Tom Payne. He also proposed a "Yes" answer for number 17 , due to the presence of Coho salmon and steelhead. He asked that the distance be shown on the drawing of area number 2, and provided information for contacting the Natural Resource Conservation Service in Ukiah, for free consultation services.

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

The Grand Jury reviewed the District's Hazard Abatement Program earlier this year, and a draft response to their report was provided for review and comment.

Director Eads suggested a future agenda item for public review and input on the noticing requirements and abatement standards.

Director Whitney asked for additional time to review the response, and asked that it be included as a part of the future agenda item suggested by Director Eads in conjunction with the plans for a Vegetation Management Program.

Director Orth pointed out that a large amount of fuel load is removed from the Greenbelt each year by CDF and CCC crews, and felt that it was a misconception to believe the contrary.

Board members agreed to continue this matter, and item number 10, to the meeting of August 24, 1999.

7. HAZARD ABATEMENT GRASS LOTS - CONSIDERATION OF A RESOLUTION DECLARING CERTAIN LOTS A HAZARD BECAUSE OF TALL GRASS, AND SCHEDULING A PUBLIC HEARING FOR AUGUST 24, 1999.

A list was provided to the Board of 118 lots, the owners of which had received notice to abate fire hazards and had yet to comply. The list also included the three lots at the Brooktrails Lodge removed from the abatement list in the spring, as work had been started by the owner, but was not yet complete as agreed to. Work was currently being done, however they were put on this list to prompt them to finish.

Director Orth moved to approve Resolution No. 1999-34, a Resolution Declaring the Existence of a Public Nuisance Because of Weeds, Grasses, and Other Combustible Vegetation On Certain Private Parcels Located Within the District. The motion was seconded by Director Whitney, and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-34 Approved.

8. REVIEW OF JOB DESCRIPTION FOR ENVIRONMENTAL REVIEW COMMITTEE, AS DISCUSSED AT THE ANNUAL PLANNING SESSION IN FEBRUARY

General Manager Williams explained that this is a follow up to the Specific Plan which recommends that the District establish this committee to assist with the planning of the District.

In response to an inquiry from Director Eads, District Counsel Neary explained that Board members would be free to discuss matters directly with committee members.

Director Eads stated that he hoped the qualified volunteers would be available to establish the committee as outlined, and that public interest in the subject would not wane if the tentative schedule could not be met. He felt that public interest should be assessed prior to fixing a schedule.

Director Whitney suggested a request for volunteers be put on the website, and that the schedule be more flexible. He envisioned a committee that would supply data to the District staff for compilation, assessment, and reporting on an annual basis.

Director Estabrook felt that the Job Description should be more specific about the goals of the committee, and that those goals should be achievable. He asked for additional time to review and refine it.

Director Orth supported the formation of the committee, but felt that the matter should be deferred until after the Board election in November.

After a brief discussion, the Board members agreed to defer the matter to a future agenda.

9. CONSIDERATION OF PROPOSED RATE INCREASE FOR COLLECTION OF SOLID WASTE. SOLID WASTE OF WILLITS, OUR FRANCHISEE, HAS FILED A REQUEST FOR RATE ADJUSTMENTS. PROPOSAL IS TO SCHEDULE A PUBLIC HEARING FOR AUGUST 24, 1999.

Pursuant to paragraph 6 of the Franchise Agreement, Solid Waste of Willits filed a request for rate adjustments. Jerry Ward, President of Solid Waste of Willits was present to answer questions from the Board. Additional material was provided as a related item to the agenda, in response to a request from Director Estabrook.

Mr. Ward began with a brief outline of the past charges for Brooktrails. He proposed an increase of $1.75 for a 30 gallon can, the most common rate for Brooktrails residents, and pointed out that there has only been one increase since the Franchise Agreement took effect in 1996. Charts were provided showing all of the rates proposed for the various services provided. He explained that the market for recycled materials has weakened, further contributing to declining profits. Director Whitney asked if that has caused recycled material to go to the landfill. Mr. Ward assured him that was not the case.

Director Estabrook thanked Mr. Ward for the additional material provided, which compared Brooktrails' rates with rates charged at other locations in the County, and provided an additional explanation of cost allocations. Mr. Ward explained that many garbage companies receive a large percentage of their revenues from commercial customers, making it possible to subsidize the rates for residential service. That is not an option here, as there are only a few commercial customers in Brooktrails.

Director Orth suggested that the next Franchise Agreement include a provision for rate adjustments based on the CPI, which could alleviate the need for future public hearings.

Director Orth moved to schedule a public hearing for August 24, 1999, seconded by Director Whitney. The vote was unanimous in favor of the motion.

10. REVIEW OF HAZARD ABATEMENT PACKET. THIS IS FOLLOW-UP FROM THE LAST BOARD MEETING.

Continued to the meeting of August 24, 1999.

H. SPECIAL REPORTS

i. Significant Correspondence received since last meeting:

ii. Personnel

To date, no candidates have filed for election to the Board. Filing period runs through August 6, 1999.

The General Manager will be absent from the District August 6 through 16. Wendell Wilson will be Acting General Manager during that time.

iii. Finance

iv. Planning

v. Possible upcoming agenda items

vi. Other

I. PUBLIC COMMENTS

None

J. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of July 27, 1999 closed at 10:20 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

GEORGE C. SKEZAS,

President