MINUTES

2. PROPOSED ADJUSTMENTS TO THE WATER AND SEWER HOOK-UP FEES

General Manager Chapman provided a brief review of the fee increase process. He reported that a study conducted by Oscar Larson and Associates recommended increasing the water hook-up fee to $6,200.00 and the sewer hook-up fee to $3,567.00.

Note: Director Venturi arrived at 7:03 p.m.

President Skezas opened the public hearing at 7:04 p.m. John Osborne, owner of vacant property in the District, came forward. He felt that the increases were too sudden, and too high, noting that costs to build have recently increased substantially. He also commented that the people who vote to approve the increases are not the people that are impacted by them. Hearing no other comments, President Skezas closed the public hearing at 7:06 p.m.

As requested by Director Pohlson, General Manager Chapman provided a list of property owners who have building plans approved but have not yet paid connection fees.

3. FIVE YEAR UPDATE TO THE BROOKTRAILS SPECIFIC PLAN

General Manager Chapman reported that District Counsel Neary had provided an opinion concerning some of the proposed language in the amendments to the Specific Plan.

Director Orth moved to add the release of District Counsel Neary's opinion to the agenda. The motion was seconded by Director Pohlson and passed unanimously.

District Counsel Neary summarized his opinion No. 2003-01, concerning the impact of Proposition 218 on financing options for the District. He recommended that the language proposed for part 1.2 of the Summary be changed from "or to expend public funds in violation of Proposition 218" to "Financing of the improvements for the Specific Plan will require collaboration between the County of Mendocino and Brooktrails for implementation by each agency in its specific jurisdiction of an effective infrastructure financing program."

General Manager Chapman explained that District Counsel Neary is trying to provide more flexibility with regards to the financing options available to the District.

Director Orth made a motion to change the language on page 1.2 as proposed by District Counsel Neary. The motion was seconded by Director Venturi and passed unanimously.

President Skezas opened the public hearing at 7:32 p.m. Robert Terry, resident of Poppy Lane, suggested that the population figure of 3,700 be deleted from page 8-1. Arthur Eck, of Padula Drive, voiced concern about parking, and provided a proposed parking ordinance for the Board's consideration. Mike Aplet, of Hawk Drive, facetiously suggested that "Summer Lake" be changed to "Summer Forest." Hearing no other comments, President Skezas closed the public hearing at 7:36 p.m.

Director Orth moved to delete "3,700" from page 8-1, as suggested by Mr. Terry. The motion was seconded by Director Venturi and passed unanimously.

Director Pohlson asked that on page 7-13, in the last sentence, the word "secretary" be changed to "office assistant."

Director Venturi asked that the words "or disaster" be inserted in line 31 of page 7-14 after "wildland fire."
Director Pohlson asked that "ambulance service" be changed to "medical response" in line 10 on page 7-15, and in line 20 that "an ambulance, a replacement of the" be struck and replace with "a", and the word "new" be struck from in front of "water tender." She also asked that Public Safety Policy SP 8.1 E be added to prohibit parking which obstructs the road width, and provided proposed language. Director Orth spoke against the proposal.

District Counsel Neary, in response to Director Orth's concern, confirmed that bond financing is a viable alternative for the District. Director Orth voiced concern about the reference to roads in line 8 of page 2-6. President Skezas suggested that "County roads and" be inserted in front of "community services" and the word "roads" be struck after "utilities" in the latter part of the sentence.

Director Venturi made a motion to adopt Resolution No. 2003-2, a Resolution transmitting the first Five-year Update to the Brooktrails Specific Plan, to the Board of Supervisors of Mendocino County with the recommendation that the proposed amendments be made to said Specific Plan, including all proposed changes with the exception of the addition of Safety Policy SP 8.1 E. The motion was seconded by Director Orth. President Skezas clarified that the motion as presented, excluded the proposed Safety Policy, and asked the Board and audience if they wished to discuss the matter further.

Robert Terry, of Poppy Lane, Patricia Cornell, of Robin Place, Arthur Eck, of Padula Drive, Donna Weston, of Goose Road, and Mike Aplet of Hawk Drive commented on the parking issue.

Director Pohlson explained that her proposal, although unpopular, was based on action taken to amend the Uniform Fire Code in response to the Oakland Fire. She urged the Board to address the problem.

Director Orth pointed out the costs involved to widen the roads to meet the County's standards for fog lines and center lines. He suggested the issue be addressed through development of off street parking areas and through passage of a hillside ordinance.

Director Venturi suggested that representatives from the California Highway Patrol and the County Department of Transportation be invited to attend a future Board meeting to discuss parking.

Director Horrick acknowledged the argument about parking in parts of Brooktrails. However, he felt that the problem should be resolved through the passage of an ordinance, as opposed to the Specific Plan process.
Director Pohlson pointed out that the Specific Plan, on page 10-45, addresses parking under "Site Development Standards Relating to Fire Safety."

General Manager Chapman reported that most of the roads in the District are slightly wider that the 24 foot limit stated on page 10-45.

President Skezas proposed establishment of a committee to study the subject. He then called for a vote on the motion currently on the floor, which was taken as follows:

AYES: Directors: Horrick, Venturi, Orth, Skezas
NOES: Directors: Pohlson
ABSENT: Directors: None
Resolution No. 2003-2 Adopted.

4. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS

5. APPROVAL OF PROPOSAL FOR REPLACEMENT OF CHARCOAL FILTER AT WATER TREATMENT PLANT

6. ANNUAL REPORT OF OFFICER AND EMPLOYEE EXPENSE REIMBURSEMENT

Director Orth moved to approve all items on the consent calendar. The motion was seconded by Director Horrick and passed unanimously.

7. CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE ACTIVE LIVING BY DESIGN GRANT APPLICATION AS PROPOSED BY THE WILLITS ACTION GROUP

Mike Aplet, resident of Hawk Drive, came forward and provided a summary of the grant program, describing the District's role as a member of the Willits Active Living Congress.

Director Venturi voiced concern about the reference in the brief narrative, describing the CalTrans bypass as a challenge, stating for the record that he would object if the group challenged the four-lane bypass.

Director Orth offered suggestions as to possible funding sources available for pedestrian and bikeways. He cautioned that the number of vehicle trips per day and the percentage of automobile traffic reduction on Sherwood Road may be overstated in the narrative.

Mr. Aplet encouraged the Board to appoint a Director or staff member to serve as a representative on the committee.

President Skezas asked for clarification of the statement that Brooktrails will provide access to the Community Center. Mr. Aplet explained that the committee envisioned using the facility for health-related events and gatherings. President Skezas also voiced concern that the letter written by Director Pohlson as Chairperson of the Recreation Committee should have had prior Board approval, as the committee's function is to make recommendations to the Board.

General Manager Chapman reiterated his strong support for the development of a pedestrian corridor between Brooktrails and the City of Willits, as a public safety issue.

Director Pohlson made a motion to adopt Resolution No. 2003-3, a Resolution in Support of the Active Living by Design Grant Application as Proposed by the Willits Action Group and Authorizing the General Manager to Execute All Required Certifications. The motion was seconded by Director Orth. Director Orth asked that the President appoint one Director to represent Brooktrails on the committee and report back to the Board. A vote was taken on the motion as follows:

AYES: Directors: Pohlson, Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2003-3 Adopted.

8. CONSIDERATION OF A PROPOSAL TO RESTRUCTURE THE BROOKTRAILS ARCHITECTURAL REVIEW COMMISSION INTO A BOARD ADVISORY COMMITTEE

General Manager Chapman briefly reviewed the proposal made by several members of the Architectural Review Commission (BARC) that their function be changed from an appeals board to an advisory committee.

District Counsel Neary confirmed that it would be a lengthy process, as it would involve an amendment of the County ordinance. To simplify the process, he suggested that an advisory committee be established in addition to BARC.

Director Pohlson pointed out that the establishment of environmental and planning advisory committees is one of the goals of the Specific Plan. Director Orth suggested that the scope and procedures of the advisory committee be based upon the outline provided in the Specific Plan.

President Skezas directed the General Manager to report on establishment of the advisory committee on an up-coming agenda.

District Counsel Neary explained that the members of BARC would not be able to serve on the advisory committee, as it would result in the same people hearing appeals as those who created the policy. In the event that there is not a majority of BARC commissioners, he suggested that they be appointed on an ad-hoc basis as needed to address appeals.

Robert Terry, a member of BARC, came forward. He pointed out that commissioners are required to file a conflict of interest statement, which may be difficult on an ad-hoc basis. He suggested that the new committee be authorized to "watch-dog" new construction.

9. DECLARE ONE LOT ON POPPY DRIVE AS SURPLUS PROPERTY AND NOTICE OF INTENTION TO SELL

Using the overhead projector, General Manager Chapman explained where the interested buyer, Clint Nation, resident of Sherwood Road, intended to place his driveway across the property. Mike Aplet, who had written a letter to the Board on the subject, came forward to point out that one corner of the lot could be utilized by the District for greenbelt access or a future trail. Mr. Nation, who was present in the audience, stated his willingness to work with the District on an easement.

General Manager Chapman confirmed that he had reviewed the proposal with the Superintendent of Utilities and the Fire Chief, and that neither had objection to the sale. He reported that he had agreed to allow Mr. Nation to access his property through the lot, as the sale/merger process could be lengthy. He commented that there is no appraisal of the property, as it was not a donated lot, so an appraiser would have to be hired, at the buyer's expense.

President Skezas pointed out that the sale, as proposed, would not result in lot reduction, as the District already owns the property.

Director Orth explained that the lot came into District ownership as a result of the bond redemption process in the 1980s, and was retained for its possible future value as a fire station on the five-acre parcel, or possibly to provide public parking. He stated his willingness to sell the property to provide funds for the lot reduction program. Because it is a corner lot, he asked that line of sight issues be considered if fencing is proposed.

Director Venturi was not in favor of reserving an easement, and spoke against the suggestion made in Mike Aplet's letter, which was to require Mr. Nation to purchase a lot on Perch Drive for $14,000 as an exchange.

Bob Houtz, of Harrah Drive, took the podium to point out that a fault line runs approximately 100 feet from the property.

Mike Aplet came forward and urged the Board to plan for the future, and reserve easements for future greenbelt or trail access whenever possible.

In response to President Skezas' question concerning the greenbelt access, District Counsel Neary advised that the advertisement of the sale should include a statement that an easement is being reserved.

Mr. Nation came forward to point out another possible location for greenbelt and trail access. However, he reiterated that he had no objection to the proposed easement.

President Skezas called for a motion to adopt Resolution No. 2003-4, A Resolution for the Sale of Surplus Property, amended to include an easement for greenbelt access or future trail use.

Director Orth stated, "So moved." Director Venturi asked for clarification of the specifics of the easement. District Counsel Neary commented that the easement could be simply shown by a line drawn on a map, but he recommended that a legal description of the easement be written by a land surveyor.

The motion was seconded by Director Pohlson, and the vote was taken as follows:

AYES: Directors: Pohlson, Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2003-4 Adopted.

10. UPDATE ON THE PROPOSED BED AND BREAKFAST INN ON SHERWOOD ROAD

General Manager Chapman reported that in order to enter into an agreement for fire services at the proposed bed and breakfast LAFCO would have to give its approval. This would require a hearing before the LAFCO commissioners and payment of a $500 fee which he would ask the applicant, Mr. Earl Collins, to pay, and General Manager Chapman asked for Board approval to continue negotiations.

Director Venturi made a motion to allow the General Manager to continue negotiations with the applicant and LAFCO. The motion was seconded by Director Orth, and passed unanimously.

11. REVIEW AND APPROVAL OF NEW EMPLOYEE AND GENERAL MANAGER EVALUATION FORMS

President Skezas asked that a list of Goals and Objectives be added to the General Manager Evaluation form.

Director Venturi suggested a space be provided on the Employee form for explanation of any rating below or above satisfactory, and that a note stating so be added to the language.

Director Orth moved to approve the forms, seconded by Director Venturi. The motion was passes unanimously.