SPECIAL MINUTES

1. REVIEW OF BROWN ACT LIMITATIONS

Copies of the latest revisions to the Brown Act, which were downloaded from the internet, were provided to Board members.

General Manager Williams pointed out that the provisions for teleconferencing have been changed. The agenda must still be posted at the remote location and the locations must be noted on the agenda. A quorum must be present within the boundaries of the District. Also, additional teleconferencing locations can be set up for the public. In response to questions raised about the agenda format, District Counsel Neary clarified the guidelines for closed sessions.

2. REVIEW OF FAIR POLITICAL PRACTICES/PUBLIC DISCLOSURE

President Skezas confirmed that the annual Conflict of Interest forms have been sent out by the County and must be filed prior to April first. Copies are required to be on file at the District office.

District Counsel Neary suggested to Board members that if they suspect a conflict of interest exists about an agenda item, they contact him prior to the Board meeting so he can research the facts and provide a written opinion on the matter. He explained the elements to consider when determining if a conflict of interest exists, and provided copies of a chart of guidelines to use when making the determination. If a conflict is found to exist, the Board member is required to abstain from voting, and the conflict must be disclosed in writing. He noted that it is illegal for the District to enter into a contract with a Board member or a Board member's spouse.

He reviewed the penalties that can occur as a result of violations of the law, including disqualification from office. However, even if a financial interest does exist, the right to comment on the matter as a member of the public is not lost.

Director Whitney pointed out that persons subject to the provisions of the act are not just the elected officials, but also appointed members of committees and contracted employees. He asked that District Counsel Neary provide a legal opinion concerning the distinction of the various people required to file the Form 700. He would like to assure that they are aware of the responsibilities that result from their ability to influence a voting public official.

Board members reviewed paragraph 3.10 of Ordinance 93 concerning disqualification for conflict of interest. District Counsel Neary was asked to research the legality of section (e), the re-seating of members who have disqualified themselves, in order to establish a quorum.

3. ANNUAL REVIEW OF BOARD PROCEDURES, POLICIES AND RELATIONSHIPS

Director Orth asked if, for liability purposes, the agenda should contain a similar statement to what is on the District letter head, stating that we are a "California General Law Local Government." District Counsel Neary stated that the statement was added to the stationary to clear up any confusion between the District and local private business concerns. It is not required by law or by the insurance carrier.

Director Eads expressed concern about the responsiveness of the Board to the members of the audience at Board meetings and public hearings. Director Estabrook agreed, stating that the public often gets no feed back on ideas expressed, or sees any change in the outcome of the issues being discussed. One comment made at the last public hearing was that it didn't matter what the public had to say, the Board had already made up their minds.

General Manager Williams stated that the problem has to do with Proposition 218. With regards to raising rates and charges, the requirement is that proposed rates must be set 60 days prior to the public hearing of protest. President Skezas pointed out that if the Board had decided to change the proposed rates as a result of the public hearing protest, the 60 day process would have to start all over from day one and notices would again have to mailed and posted.

Director Eads inquired as to how this process could be changed. General Manager Williams answered that Proposition 218 was passed by popular vote, and can't be changed by the legislature.

District Counsel Neary suggested that Board members, when speaking to the public, give a lot of attention to the facts and explain the process, so people understand.
Several means of improving communication with the public were discussed including review of notices being mailed, increased frequency of mailings, and posting of information on the District web-site.

a. Discussion of possible additional committees

Director Whitney requested the establishment of an Environmental Review Committee, as directed by the Specific Plan, made up of people in the community who could identify and monitor sensitive areas.

General Manager Williams noted that we need to have an understanding of where this development is in the environmental process, because lot owners here are entitled to build on their property. Director Orth commented that previous discussions about the Vegetation Management Plan included "all species management" and this committee could help to identify species in the area. Board members agreed on the need for some type of protection for "Legacy" trees.

General Manager Williams offered to develop a job description for the Board's consideration, and Director Whitney offered to assist with recruitment of qualified committee members.

4. REVIEW OF WILLITS BYPASS PROCESS

Board members reviewed two past Resolutions concerning the Board's position on the Bypass route.

Director Whitney provided copies of a graph that he prepared from figures represented on the CalTrans website. The project appears to be over budget on all of the proposed alternatives. He asked Board members to consider drafting a letter to CalTrans stating that the options need to be re-defined to fit the proposed $117.6 million budget.

After some discussion about the amount of money being spent on studies, the length of time it is expected to take to determine the preferred alternative, and the effect the route selected will have on the second access issue, Director Eads suggested that Brooktrails contact other entities involved, such as the City of Willits and MCOG, and notify CalTrans as a group of their concerns about the process.

Director Orth stressed the importance of the study including a future Highway 20 interchange because of the logic that it should occur at some point in the future.

Director Whitney asked that this matter be put on an agenda in March and that we arrange a meeting with the other parties involved. He felt that, as a group, we could influence CalTrans' decision if we came up with a preferred alternative.

After a brief lunch break, the discussion focused on the possible routes and funding sources for Brooktrails' second access. Director Orth reminded Board members that funding for new road construction is available through S.B.45. It was decided that an agenda item on transportation will be scheduled as soon as the County prepares its RFP on the project.

General Manager Williams stated that both the bypass and the second access are projects that are far in the future. What the County needs to address now, is the condition of Sherwood Road. Director Whitney suggested that the Sherwood Road issue be placed on an up-coming agenda.

5. ENVIRONMENTAL REVIEW OF SPECIFIC PLAN COMPLIANCE

General Manager Williams stated that in response to the annual report on the Specific Plan, Director Estabrook raised some concerns about monitoring the components of the Specific Plan. As a follow up to that report, a letter requesting information was sent to the Ray Hall of the County Planning and Building Department. No response to that letter had been received to date. The list of questions posed in that letter was reviewed by the Board as was the list of items to be monitored.

A checklist of items to be added to the site review process was developed, including soil analysis, dust and erosion control, and observance of semaphore grass and wildlife corridor linkages.

Problems with inconsistencies between plans as approved, and final appearance of projects was discussed. A possible solution, proposed by Director Eads, was to withhold the permanent water connection pending final review of each site by the District Architect upon completion of construction. General Manager Williams suggested increasing the site review fee to cover the cost of the final inspection.

6. REVIEW OF ACCOMPLISHMENTS IN PRIOR YEAR

The Board reviewed a list of accomplishments compiled from the minutes of the previous years' meetings.

7. DEVELOPMENT OF GOALS AND OBJECTIVES FOR COMING FISCAL YEAR

The Board reviewed a chart of Goals and Objectives developed during last year's planning session.

Director Whitney asked the General Manager to arrange a tour of the Willits wastewater treatment plant for him.

Director Eads expressed his desire to continue to pursue re-financing of the Water Loan. General Manager Williams noted that a proposal would be on the next agenda.

(See attached chart: Additions and changes in italics.)

8. REVIEW OF FUTURE FIRE TAX ADJUSTMENTS

General Manager Williams explained that in order to raise the fire tax a two-thirds majority vote is required at a general election. The election would have to be held at the same time as the Board of Directors, therefore if the Board decides this is necessary it must either be done this year or two years from now.

He mentioned that there are other options available to fire departments that he would like to suggest as an alternative to raising the fire tax. Districts are consolidating and forming Joint Powers Agreements to manage the staffing by one District on behalf of others. CDF is offering services by providing equipment and managing volunteers. Director Eads voiced his concerns that CDF may not be able to address the needs of the community with both wild land and structure fires, and suggested that we approach Little Lake about forming a JPA with them. Director Orth mentioned the "sphere of influence" factor, that your fire district boundaries are often considered your ultimate governmental boundaries. He felt that if Little Lake were to take over this District, Brooktrails would lose power over how their tax dollars are spent. He also felt that CDF would have more resources available.

It was decided that the Board should examine the options available prior to considering another tax increase.

9. DISCUSSION OF POSSIBLE ADDITIONAL MEASURES TO ENCOURAGE LOT MERGERS AND/OR LOT DONATIONS

Suggestions made by Board members included sending letters to owners of multiple lots and to owners of low value lots about the benefits of the Lot Merger Program and the tax advantages of lot donations.

10. REVIEW OF POSSIBLE Y2K UPGRADES

General Manager Williams reviewed the status of the needed improvements to the District's equipment. President Skezas suggested that the research be completed and that the needed upgrades be addressed this fiscal year.

G. CORRESPONDENCE
None

H. GENERAL MANAGER'S REPORT

I. COMMENTS OF ITEMS ON AGENDA

J. PUBLIC COMMENTS
None

K. ADJOURNMENT

Director Orth moved to adjourn the Special Meeting of February 27, 1999 and President Skezas declared the meeting closed at 4:50 p.m.

PAUL A. WILLIAMS
Secretary to the Board of Directors

GEORGE C. SKEZAS
President