MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

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

REPORT ON CLOSED SESSION:

President Whitney stated that he did not attend the closed session due to a conflict of interest, as he had recent real estate dealings with the owner of the property.

Director Estabrook reported that the Board had given direction to the General Manager to pursue purchase of the Redwood Grove property.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Director Monteleone asked for time to report on the recent meeting with the Little Lake Fire District. General Manager Williams offered to include the report in the General Manager Reports section of the agenda.

President Whitney moved that a separate agenda item, number 6a, be added to discuss possible violations to County Ordinance No. 3959 at the Brooktrails Lodge property. His motion was seconded by Director Estabrook, and passed unanimously.

D. MINUTES OF PREVIOUS MEETINGS

April 11, 2000

Director Monteleone asked for clarification of the Board's action on the rental of the Fire Department meeting room. After a brief discussion Director Estabrook moved to approve the minutes of April 11, 2000 as written, seconded by Director Orth. Motion passed unanimously.

E. SPECIAL PRESENTATION

A Resolution of Appreciation to Richard A. White, Water Operator III, retiring after 28 years of service to the District, was read aloud by President Whitney and presented to Mr. White in the presence of several past and present District employees. After an enthusiastic round of applause, General Manager Williams expressed his sincere appreciation for Mr. Whites efforts, as did each Board member in turn. Mr. White thanked the Board for their recognition.

F. PUBLIC HEARING

2a. CONSIDERATION OF RESOLUTION FIXING WATER AVAILABILITY CHARGE FOR FISCAL YEAR 2000-2001, AND SET A PUBLIC HEARING DATE FOR JUNE 27 ON THE REPORT CONTAINING A LIST OF ALL PARCELS SUBJECT TO THE WATER AVAILABILITY CHARGE.

Director Monteleone inquired as to why the charge had not changed since first set in 1982. General Manager Williams explained that because of the provisions of Proposition 218, a 2/3 majority vote would be necessary to raise the charge. However adjustments can be made to monthly base rates and usage charges as needed.

Maria Bates, resident of Blue Lake Road, asked for clarification of the charges, and where the funds used for the EIR in 1997 were budgeted.

Director Venturi moved to adopt Resolution No. 2000-16, a Resolution Fixing Water Availability Charge for Fiscal Year 2000-2001, and to set a public hearing for June 27, 2000. The motion was seconded by Director Monteleone and the vote was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-16 Adopted.

2b. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE ON CERTAIN PRIVATE PARCELS LOCATED WITHIN THE DISTRICT

Director Estabrook left the table due to a conflict of interest, because lot 59 which is adjoining his property was still on the list.

General Manager Williams reported that lots 10, 11, 20, 34, 58 and 59 had been completed and lot 43 was expected to be completed, and were to be removed from the list. He commented that this was the opportunity for the owners of the remaining parcels to protest the abatement of their property.

In response to President Whitney, Fire Chief Dave Thomen reviewed the codes used to describe the work to be done.

President Whitney opened the public hearing at 7:27 p.m.

Maria Bates came forward and asked the Board to focus more on the need for a second access and emergency evacuation routes, and less on abatement. President Whitney informed her about the upcoming Table Top Drill, and the recent meeting of the County Evacuation Committee meeting, pointing out that the Sheriff's Department has been named as lead agency responsible for emergency evacuation.

Ben Kohler, owner of parcel 12 on the list, came forward to explain the delay in completing the work on his lot. General Manager Williams informed him that his lot was shown as complete. President Whitney thanked him for attending the meeting.

Hearing no other protests, President Whitney closed the public hearing at 7:32 p.m.

Director Venturi moved to adopt Resolution No. 2000-17, Ordering the Abatement of a Public Nuisance on Certain Private Parcels Located Within the District, removing lots 10, 11, 20, 34, 43, 58 and 59. His motion was seconded by Director Orth, and the vote was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Estabrook

Resolution No. 2000-17 Adopted.

G. PUBLIC COMMENTS

None

H. ACTION AGENDA

ROUTINE ITEMS:

President Whitney asked that item 3e be removed from Routine Items. General Manager Williams asked that item 3c be considered separately.

3a. REVIEW OF PRELIMINARY DRAFT OF REVISED TRAVEL POLICY

Director Venturi asked that the per diem amount of $110 be defined as being for meals and lodging. Director Estabrook asked that the sentence "This shall be exclusive of conference registration fees and air travel" be struck from the end of the first paragraph, since the per diem was more clearly defined. He also asked that "for use of their personal vehicles" be added to the end of the first sentence.

3b. ADOPTION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2000/2001

Director Monteleone suggested the Goals and Objectives be reviewed quarterly by the Board, and that they be posted on the website and in the District office. Director Orth asked that items be noted as completed after Board action is taken on them.

3d. CONSIDERATION OF AN AGREEMENT WITH TERRY E. KRIEG TO CONDUCT THE ANNUAL AUDIT, PREPARE MANAGEMENT REPORT, AND ANNUAL STATE CONTROLLER REPORT FOR FISCAL YEAR 1999/2000

General Manager reviewed the audit requirements, recommending the Board approve the agreement with Mr. Krieg. Director Orth pointed out that often the annual audit signifies the need for rate adjustments. Director Venturi and Director Estabrook both spoke highly of the information supplied by Mr. Krieg.

Director Monteleone expressed concern about the number of years the District had utilized the services of Mr. Krieg. She asked for clarification of the District's existing internal control measures.

Director Orth moved to approve agenda items 3a, 3b and 3d, seconded by Director Venturi. A vote on the motion was taken, which passed unanimously.

3c. CONSIDERATION OF AWARD OF CONTRACT TO ABATE 40 LOTS OF PUBLIC NUISANCES (WEEDS, GRASSES AND OTHER COMBUSTIBLE VEGETATION.)

Director Estabrook left the table, due to his previously stated conflict of interest.

General Manager Williams commented that ten lots on the abatement list were not bid on by either of the two bidding contractors. Options available to deal with those parcels included re-bidding, holding them over to the next cycle, or including them in the contracts on a time and material basis.

Fire Chief Thomen reported that he had inspected the lots in question, and could find no extenuating circumstances to justify no bid. He suggested they be carried over to the grass lots cycle.

Director Venturi felt that the owners should be notified that after burn season the costs will increase, because the material must be chipped. He hoped that it would inspire them to handle it on their own. He then moved to approve the contracts to the low bidder on each lot, and to re-bid the others. His motion was seconded by Director Monteleone.

Ginger Pohlson asked for clarification of the difference in cost between burning and chipping. She suggested the lot owners be given the name and telephone number of the contractors who provide chipping service, and that the District consider keeping the chips for use as landscaping material. President Whitney proposed forwarding her suggestion to the Recreation, Greenbelt, and Conservation Committee.

Director Orth pointed out that since the hazard abatement program began most problem lots have been abated, needing only annual maintenance, and firefighters have been able to extinguish wild-land fires much more quickly.

President Whitney called for a vote on the motion currently on the floor, which was as follows:

AYES: Directors: Orth, Venturi, Monteleone, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Estabrook

Motion carried.

3e. NOTICE OF VACANCY ON GREEN COMMITTEE

Board members agreed to accept the resignation of Wayne Osborne from the Green Committee, with regret, and post the notice of vacancy. Noting the recent high turnover in membership, President Whitney asked that an agenda item be added for the second meeting in May to discuss the Green Committee, and to consider the options.

Director Monteleone felt that the relationship between the Green Committee and the newly formed Recreation Committee should be more clearly defined.

Director Estabrook commented that he felt a sense of frustration from the Green Committee members that were present at the March 14th Board meeting, when Golf rates and fees were discussed.

4. REVIEW OF POTENTIAL OF EXPANSION OF EXISTING CAD SYSTEM TO GIS SYSTEM

General Manager Williams commented that the existing computer system at the District office would require significant upgrades to expand the CAD system. He provided an outline of the existing system and asked Board members for their recommendations, in terms of establishing a work program and related Budget.

Superintendent of Utilities, Wendell Wilson, who was present in the audience, commented that training, also, would be expensive, and gathering the necessary data would be time consuming for District staff.

Director Orth felt that it would be a move into the future and a chance to expand the data base and improve response time. Also, because the County is considering a GIS system, there is the possibility of cost-sharing an employee to reduce training expense, and to share information. He stressed the importance of other District systems, such as radio and communications, having the ability to interface with the system. Mr. Wilson commented on the advantage of linking the water tank monitoring system, as well.

President Whitney summarized his memo which was included with the staff report. He felt that much of the information was currently available, just not integrated, and suggested a priority list be developed by staff to be implemented over a period of years, and volunteered to work with the General Manager and staff to develop it.

Director Estabrook suggested integrating data from the District's records into the APN data base available on CD from the County.

Maria Bates asked for clarification of costs involved and sources of funds for both the computer upgrades and the proposed improvements to the water system.

Director Estabrook explained to her the plan devised by the Finance Committee, to build reserves over the next five years, obtain matching funds, and proceed with an engineering report to assess priorities. Director Orth commented that the data provided by the GIS system would help the District better assess its needs. Mr. Wilson described the current system used to keep track of leaks and other troubles in the system, and the problems of keeping up with out-dated equipment.

A break was called to change the tape.

5. CONSIDERATION OF A RESOLUTION REQUESTING THE COUNTY TO HOLD HEARINGS ON THE DRAFT GRADING ORDINANCE

As directed at the prior meeting, General Manager Williams presented a draft Resolution for the Board's consideration.

President Whitney reported on his recent conversation with Ray Hall, of the County Planning and Building Department, and provided copies of an outline he had prepared on five considerations discussed. He stated that the County is presently working on an Ordinance similar to those in effect in Trinity and Humbolt Counties, and it is expected to be completed this year.

Referencing the Board's Goals and Objectives, Director Orth felt that the Board should go forward and adopt the Resolution.

Director Venturi encouraged continued communication with the Board of Supervisors on all issues that effect the District.

Director Estabrook pointed out the many benefits of the proposed grading ordinance. In regards to the draft resolution, he asked that "excessive grading without regulation" in the first Whereas be changed to "un-regulated grading" and that "structures" be changed to "watershed, fisheries and general environment."

President Whitney asked that in the third paragraph, "finalization of the Grading Ordinance County wide" be changed to "review and approval of a Grading Ordinance." He also asked that the Resolution and the summary of considerations be transmitted to the Board of Supervisors.

Maria Bates expressed concern about the effects of such regulations on rural property owners.

Director Orth moved to adopt Resolution No. 2000-18, as amended, seconded by Director Monteleone. A vote on the motion was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-18 Adopted.

6. CONSIDERATION OF A RESOLUTION REQUESTING THE AUTHORITY TO ENFORCE COUNTY ORDINANCE NO. 3959, SUBJECT TO APPEAL TO COUNTY PLANNING COMMISSION

General Manager Williams explained that at the meeting of April 11th, there seemed to be some confusion on the part of Dale Hawley about his responsibilities as the County Code Enforcement Officer to enforce the District's Design Standards. Based on County Ordinance 3986, it is now clear that the County does have the responsibility to enforce the requirements for Design review, if not the standards themselves. The Board's proposal is to ask the County to pass the responsibility of enforcement down to the District, to assist in providing a higher level of enforcement.

Director Orth stated his preference of only transmitting Resolution No. 2000-18, encouraging the County to develop a grading ordinance. He was concerned that this could confuse the issue, and cost the District money for something that is the County's responsibility.

President Whitney pointed out that the District does have the ability to enforce Design Review requirements, by means of architectural approval, and that the existing design review process requires review of the removal of vegetation and excavation of property, without regard to whether any future plans exist for development, which is why the County may not see this as their responsibility. He felt that no new authority was needed, just a formal understanding between agencies.

Director Venturi was not in favor of the District taking on additional responsibilities and costs of enforcement, and agreed with Director Orth that it was a County responsibility.

Director Monteleone felt that the District should be able to assist with enforcement without taking on additional expense.

President Whitney suggested that in the last paragraph that begins with "Now Therefore", after "Mendocino County" the phrase "Board of Supervisors grant it the authority" be struck and replaced with "Planning and Building Services develop procedures" and that it be transmitted to Ray Hall at the County Planning and Building Department.

Director Estabrook felt that cost would not be a significant issue, as very few cases had gone through the appeal process. He voiced concern about the length of time it would take for the County to pass an ordinance, and if passed, that grading violations would not be a high priority for enforcement. He felt that the original wording of the Resolution would be stronger, but agreed to vote in favor of it as amended.

District Counsel Neary confirmed for President Whitney that Ordinances 3959 and 3986 do give the County the authority to enforce the Design Standards established by the District, and that the timing of the Resolution asking for clarification of the procedures while they are considering a grading ordinance would be favorable.

President Whitney asked that "as amended by Ordinance 3986 on December 8, 1997" be added to the end of the first Whereas, and moved to adopt Resolution No. 2000-19, as amended. Director Estabrook seconded the motion, asking that the phrase "The Authority" in the title be replaced with "Procedures." President Whitney agreed to the amendment.

Director Monteleone stressed the need to follow up with the County after the Resolution was transmitted to Ray Hall.

President Whitney then called for a vote, which was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-19 Adopted.

6a. POSSIBLE VIOLATIONS TO COUNTY ORDINANCE NO. 3959 AT THE BROOKTRAILS LODGE PROPERTY.

President Whitney reported on his recent conversation with a staff member from the Building Department. Four permits were issued for re-roofing and remodeling but because no plans were required for the work, the County had not informed the owner that Brooktrails' approval may be required. He felt that significant changes were being made to the exterior of the buildings, and asked that the General Manager send a letter to the owner making him aware of the standards, and asking him to submit plans for Design Review.

Fire Chief Dave Thomen reported that he had visited the site for the purpose of fire inspection, and had delivered the District's Design Review packet to the contractor.

After a lengthy conversation concerning the apparent lack of awareness about the existence of the standards, President Whitney made a motion to authorize the General Manager to send a letter to the owner of Brooktrails Lodge, advising him that Design Review and approval is required for any changes made to the exterior of the buildings, and notifying him that the packet had been delivered to the contractor. His motion was seconded by Director Venturi and was passed by a unanimous roll call vote.

General Manager Williams commented that the District does receive a monthly list from the County of all building permits issued, which is reviewed to determine if Design Review is required.

Because it was nearly 10:30 p.m., Director Orth moved to continue the meeting to discuss item number 7, Special Reports, and Public Comments. His motion was seconded by President Whitney and passed unanimously.

7. REVIEW OF RECOMMENDATIONS OF THE FINANCE COMMITTEE FOR ANNUAL ADJUSTMENTS TO THE WATER AND SEWER CONNECTION FEES, AND SCHEDULE PUBLIC HEARINGS FOR JUNE 13, 2000 AND JUNE 27, 2000

General Manager Williams commented that this was the last of the rate adjustments being reviewed by the Finance Committee. Historically the Cost of Living index has been used as a basis for the adjustment, however this year the committee chose to use the Construction Cost index which appears to more truly reflect the actual cost of construction. He then reviewed the proposed adjustments, and the proposal to establish the construction service rate for water at $0.05 per cubic foot.

Director Orth moved to set two public hearings for June 13 and June 27, 2000, based upon the Finance Committees' proposal. President Whitney seconded the motion.

Director Estabrook voiced concern that the formula used to arrive at connection fees resulted in figures that are misleadingly lower than the actual cost of growth. He hoped to be able to research the Government Code that addresses the allowable use of these funds, and to devise a more realistic method of calculating the amounts actually needed, based on the District's Budget. Pointing out that the District does not receive income from sales tax as cities do, his rough calculations indicated that for every new home built in Brooktrails, a Budget deficit of $600 results.

A vote was then taken on the motion currently on the floor, which passed unanimously.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

Director Monteleone expressed disappointment in the response from the County Department of Transportation to the letter from General Manager Williams concerning four-wheelers cutting corners at certain intersections in the District.

ii. Personnel

iii. Finance

iv. Planning

General Manager Williams and Chief Thomen reported on the second meeting of the County committee on Brooktrails' Evacuation Plan, which was held on April 19th.

Director Monteleone provided a summary of the meeting held with members of Little Lake Fire District, concerning consolidation of the Fire Departments. She offered to provide copies of the audio tapes from the meeting to the other Directors.

v. Possible upcoming agenda items

vi. Other

J. PUBLIC COMMENTS

Kris Wagner of Perch Drive provided copies of her suggestions of how to follow up on complaints received from citizens. President Whitney suggested it be added to the agenda for the next focus meeting.

Maria Bates voiced concern about loose dogs.

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of April 25, 2000 closed at 11:00p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY,

President