MINUTES

1. Director Skezas moved to approve the minutes of April 13, 2004 without amendment. Director Horrick seconded and the motion was carried unanimously.

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

Director Skezas moved to approve the report and authorize issuance of checks. The motion was seconded by Director Horrick and passed unanimously.

3. FURTHER DISCUSSION TO FINALIZE GOLF COURSE PROPOSAL BY RON RUNBERG.

Director Pohlson left the table for the duration of the discussion. After a brief introductory, Counsel Neary stated that the only thing left in the agreement for resolution was the question of insurance; he stated the proposed limits are not particularly high, being $300,000/ $600,000, and asked the Board for their decision on those limits as satisfactory. The question of an insurance flood rider was briefly discussed. Counsel Neary stated that assuming the few remaining business items could be resolved, he would ask the Board to authorize executing the contract. President Orth solicited public comment and Mr. Ron Runberg, PGA, took the podium.

Mr. Runberg said the pro shop carpet needed replacing. The Board agreed to pay 50%, up to $500, of the replacement cost. With regard to the charge for custodian maintenance of the pro shop restroom, Mr. Runberg agreed to take care of the bathrooms.

Citizen Bob Turner asked whether this would be the final public hearing on the matter and was told it was. He then objected that the contract had not been available for the public to review as it had been delayed in arrival, and objected that expenses for the golf course had not been prepared and submitted for public review as he had earlier requested. President Orth stated he would have no objection to continuing final approval for two weeks so that the public could have review time. General Manager Chapman spoke to the financial impact on the District and he and Director Skezas clarified for Mr. Turner that the expense to the District would be $7,000 in the coming fiscal year.

Discussion ensued and Director Horrick asked for actual figures from the current fiscal year. The current year forecast shows a subsidy of $130,000 (including the depreciation) and projected revenue of around $95,000. Therefore an approximate $25,000 loss excluding depreciation is projected for the current fiscal year. Director Horrick then compared this figure to the anticipated $7,000 subsidy projected under the new proposal. General Manager Chapman clarified that the $7,000 includes insurance, unforeseen expenses, and capital equipment subsidies.

Doug Pohlson asked for clarification of Item 5.5, which states District personnel shall apply pesticides and fertilizers to the golf course for two years. He also asked how frequently this would occur. He stated that Mr. Runberg would need to acquire the certification to be able to buy the products involved and later to apply them. Mr. Pohlson advised that a public entity must have a pesticide advisor on its staff by statute, and that because of this the District will be required to keep a pesticide advisor on its staff as long as there was a golf course. He clarified that he presently makes written recommendations for the required applications. President Orth stated that Item 5.5 would need to be readdressed. Mr. Pohlson commented on Item 5.3, Repairs to Improvements and Equipment. He stated the $500 figure was too low and would cause a liability for the District. He also questioned Item 4.6, Utilities. General Manager Chapman stated the District would either install a meter or agree as to usage allocation between the parties.

Mr. Turner asked whether the District had verified with the IRS as to Mr. Runberg's employee/independent contractor status and whether the contract would satisfy the IRS. Counsel Neary responded that if an employer disguised an employee as an independent contractor the fine was levied against the employer, and that that was not the situation here, which he described as a classic contractor situation. General Manager Chapman further stated he felt that Mr. Runberg met the conditions of an independent contractor. Mr. Runberg did not take direct instructions from him on a day-to-day basis, and would be paying his own workers compensation insurance.

Director Skezas stated that the term should be 6 years as opposed to the 10 years noted on page 2 and the Board agreed this should be changed. He then stated that with regard to Item 4.4.3, Mr. Runberg's fiscal year should run July 1 - June 30, and he should submit the revenue reports around September yearly rather than April yearly as written. The Board agreed to change the reporting date to September and to also specify Mr. Runberg's input in the April budget process. Mr. Skezas stated he was concerned with the unilateral provision allowing Mr. Runberg to terminate without cause. Mr. Chapman responded that Mr. Runberg had advised him that he would be entering a four-year lease arrangement with Toro Equipment Company and was concerned about "having the rug pulled out from under him" by the District after being encumbered by the lease. Director Skezas also stated that if at some point the District's costs escalate, the only way the District can terminate the contract is for failure of the Operator as specified in Item 10.2.1. Counsel Neary responded that the contract provision allows Mr. Runberg to have stability for a specified time, and the District is not exposed any more than it was previously. Director Skezas stated with regard to Item 5.3 that he understood the $500 limit applied per repair and was not cumulative. He stated he was concerned that a major repair that might exceed $10,000 (the District's proposed maximum yearly liability) might be devastating for Mr. Runberg.

President Orth confirmed that the contract would not be approved at this meeting. He then opened the golf course spoils site issue for discussion. He queried whether this would take a portion of the course out of use. General Manager Chapman confirmed it would take out possibly one hole for a short period of time; he was further thinking of the area due to Lake Emily dredging project. He stated that "the rough" area at the back hole #5 would be a primary target for ongoing spoils disposal. He noted that this is the same site that has been used for decades as a burn site. Mr. Runberg stated he was not in complete opposition to the idea as long as common sense was used in the operation. Counsel Neary suggested language be added that the District would use its best efforts to minimize the impact on the golf course. Doug Pohlson stated that the whole dogleg hole in question could be built up with the spoils and it would accommodate a great deal of dirt and end up a pretty hole.

4. FURTHER CONSIDERATION OF CFIP GRANT AND BUDGET FOR GREENBELT MANAGEMENT PLAN.

Director Pohlson returned to the table. Janice Gendreau, Committee Chairman from the Recreation Greenbelt Committee, stated her perception of the public meeting that had been held April 24th as being that only one person had been skeptical of doing the plan, and she felt the public understood that there was no plan yet and they wanted to be involved. She stated the public seemed to want to see the whole process if any cutting of large trees was involved. She felt the committee should proceed with drafting the plan. She stated that the public understood this was not a timber harvest plan. Director Pohlson stated she felt the meeting was good and that more meetings or workshops were needed to make precise recommendations. Director Skezas was concerned about the budget. General Manager Chapman stated he had discussed this with Roger Sternberg and confirmed that the total ceiling was $20,000, of which $4,185 would come from the CFIP grant, for a total actual cost once reimbursed of just under $16,000. General Manager Chapman stated he was trying to clarify for the auditor the intent to transfer funds as required. Director Skezas asked for clarification of the appropriate motion language to accommodate this correction. General Manager Chapman responded that Mr. Sternberg would in fact have to do additional work after his draft report is prepared, and he proposed that the Board consider allowing an extra amount for that. President Orth clarified that there would be additional costs in the future. Citizen Wallace Stahle of Rose Terrace asked to speak He asked that the Board reconsider the proposal to spend $16,000 of District funds in order to receive a $4,000 grant. He stated he did oppose the plan. He stated the Board is heading in the wrong direction, focusing on the 800-acre "green belly" of the greenbelt, an area relatively removed from the areas at actual risk and which is healthy and contains highly merchantable timber. He stated that other areas, those near roads and residences, are at most risk for fire and most in need of fuel load reduction. He stated that many people at the public meeting were concerned about harvesting the forest and about paying for it. He predicted that the plan as proposed will meet strong resistance from property owners once they realize that it will focus on an area that will not protect them. He stated that a plan that addressed the wild/urban interface would be the correct focus.

Mr. Stahle also questioned whether the $20,000 ceiling on the budget would be in fact accurate. General Manager Chapman stated that Mr. Sternberg was not sure about the costs for addressing (1) the public in another public meeting, (2) addressing the Greenbelt Committee again, and (3) addressing the Board. He further responded that there had been a regular Board meeting devoted strictly to greenbelt issue held each September for the last four years.

Mr. Stahle stated there were two types of people at the public meeting: those who were concerned with going into the forest to manage it, and those concerned with fire.

President Orth interrupted to say that CDF has spent $250,000 doing fuel reduction work in the greenbelt and has done so for the last 20 years. He stated the District should be able to continue to get their services. He said that CDF provides a "tons removed" report. He stated that CDF just finished a large grant addressing the wild/urban interface areas. Mr. Stahle stated he wished to return to the topic of focusing on the wild/urban interface area in the plan.

Director Pohlson stated that this was a good point and they would do that. Ms. Gendreau stated that she had asked that the priority be the area near residences and that all this would be the product of the draft plan. She stated that this was just the first step and asked the Board to take the first step. She stated that the public had asked to see what trees were to be taken out and that they would have to do that.

President Orth stated he had a personal situation with losing trees on his property to bark beetle disease and that he wanted this addressed. He stated that trees that get attacked are on the edge of the forest. Ms. Gendreau stated that Mr. Sternberg said that diseased and dead trees would be identified. President Orth said that he wanted to have a vision statement attached to the draft report, which will state that the greenbelt was being managed for old growth characteristics and that the management plan focus was on watershed improvements, not on timber resources.

Director Ziady asked how the 800-acre site was picked as opposed to an area that adjoins residential areas. Ms. Gendreau said that the determination was that there wasn't enough money to do the whole greenbelt and so the committee selected that 800 acres as most at risk. She stated that it does go up to residential areas and that it is Goose Road all the way south and up to Ridge and is that whole area. She stated that doing a whole plan was projected as $80,000.00 and that this was considered the area most at risk. Mr. Stahle asked in what way at risk, and Ms. Gendreau said of fire.

Mr. Stahle spoke about Greg Giusti's facilitation of the April 24th meeting and focused on the writing of the audience's suggestions for the vision statement. Brief discussion ensued about identifying people who had made objections to the plan at the meeting.

Diane Smalley of Rose Terrace said that contradictory statements were made at the meeting, including saying there would be no commercial cuts and saying they were preparing to do a commercial cut. She stated things were left unsaid, such as who would profit from this. She stated that the suggestion of shaded fuelbreaks seemed to be key and would be a way to delineate the residential areas from the greenbelt. She stated that while Mr. Sternberg had a good reputation, she was uncomfortable about his being a forester and felt that a biologist and someone skilled in fire prevention would be more appropriate to work on a plan. She asked if there was supposed to be a demonstration forest, as has been mentioned, and whether that would be the 800 acres or a separate place. Ms. Gendreau said the draft plan may recommend something as a demonstration forest, but it would have to be either the 10% limitation or under 3 acres as that is the only exception. She stated that if you wanted a demonstration forest of 5 acres and cut over 10%, you would have to file a timber harvest plan. So, she stated, the District cannot jump into that without a huge process, but that one idea was to do a 3-acre demonstration where trees would be marked for clearing and the public would come through and have the process explained. She stated it would just be a small plot.

Claudia Reed of the Willits News praised Roger Sternberg and stated that while he is a forester, he has never been a logger; she and Ms. Gendreau discussed his qualifications. President Orth commented that the Board was ready to make the commitment and that a lot of federal dollars would become available for urban/wild interface, but instead they would have a plan that describes how any such funds would be used in the future. He stated this is the first time the Board has made the commitment and that it is important to identify sensitive areas because CDF does come in to clear, and the Board needs to adopt stewardship toward those areas.

Director Skezas stated that at the public meeting it was said that the plan, once devised, could be used to market and hopefully obtain more grant money. He stated that about 95% of the people at the meeting do not want to cut down one tree, particularly a fir or redwood; he said one or two people might have been willing to look at the possibility of raising some money to continue the process by cutting some trees. He stated there had been a discussion of selling firewood to residents and he said there probably wouldn't be much money to be made from that, but that it would help.

Director Ziady stated that based on comments she had received, there was a need for a more responsive facilitator for any future public meeting. Brief discussion ensued about Mr. Giusti's resistance or refusal to accept audience input regarding reserves or not cutting certain areas. President Orth suggested that in future the audience members be provided with a certain number of stick-on dots and indicate their preferences from the total input list by choosing their highest priorities.

Director Skezas moved to transfer $16,000 from the General Fund to supplement the CFIP grant and to authorize the General Manager to sign executive documents as required to effectuate this. Director Pohlson seconded the motion.

Roll call vote was as follows:

AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None

5. ADOPTION OF RESOLUTION 2004-9 ESTABLISHING WATER AVAILABILITY CHARGES FOR FISCAL YEAR 2004/2005 AND SETTING A PUBLIC HEARING FOR JUNE 22, 2004

This agenda item was accomplished earlier at the Public Hearing.

6. REINTRODUCTION OF DRAFT ORDINANCE 124 AMENDING SECTIONS OF ORDINANCE NO. 93 AND SCHEDULE PUBLIC HEARING FOR MAY 11, 2004

General Manager Chapman advised that the draft ordinance was being reintroduced with the changes directed at the previous Board meeting. Director Skezas stated that while he disagreed with Director Ziady's inclusion of a mandated September community forum meeting which would encumber future boards, he would move to adopt the ordinance. Director Ziady reaffirmed her desire to include that mandate. Counsel Neary advised that the Board would need to specifically waive reading of the ordinance in its motion. Director Skezas moved to waive the reading of Ordinance No. 124 and schedule a public hearing for May 11, 2004. Director Pohlson seconded. President Orth clarified that future boards would be able to revise the provisions of the ordinances if they desired.

Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None


A break was called at 8:53 p.m. and the meeting resumed at 9:00 p.m.


7. INTRODUCTION OF ORDINANCE 125 REPEALING ORDINANCE NO. 120 AND ADOPTING THE SEWER STANDBY CHARGE FOR FY 2004-2005.

Director Skezas moved to waive the reading of Ordinance 125 and schedule a public hearing for May 11, 2004.

Director Ziady seconded.

Roll call vote was taken as follows:

AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None

8&9. DISCUSSION OF POTENTIAL FIRE TAX MEASURE FOR AUGUST 31, 2004. INTRODUCE ORDINANCE 126 ESTABLISHING INCREASED SPECIAL FIRE TAX RATES AND SCHEDULE FOR PUBLIC HEARING ON MAY 11, 2004.

General Manager Chapman briefed the board on this alternative method of having a fire tax election and stressed the imminent May 19, 2004 deadline for submission of all materials to the county. Fire Chief Schoeppner spoke to the Board and expressed his department's approval of a fire tax election for a $20/year increase and his belief that the public will be much more responsive to such a measure during fire season, as opposed to November. He recommended to the Board that they approve the proposal and direct staff to begin the procedures. He also stressed that it will be cheaper to conduct a mail election.

Director Pohlson requested that Paragraph 2 of the draft ordinance be reworded as follows: "Rates in each category shall be fixed at the above-described amounts and all tax funds received shall be specifically segregated in bank account(s) designated only for purposes of a comprehensive fire abatement program, operations, capital improvements, and reserves." Director Pohlson moved to schedule a public hearing on draft Ordinance No. 126 as so amended and to direct the General Manager to proceed to schedule a special election for August 31, 2004. Director Skezas seconded. Comments from the audience were requested. Citizen Bob Turner stated that many residents see lot abatement as a police enforcement and resent it. He suggested that public hearings be held to explain what is involved in lot abatement. President Orth stated that he felt the word "prevention" would be more acceptable for the public than "abatement" and several directors agreed. Director Pohlson amended her motion to change the word "abatement" to "prevention," and Director Skezas amended his second accordingly.

Roll call vote was taken as follows:

AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None

10. REGARDING ROCK QUARRY SITE MITIGATION, APPROVAL OF UP TO $2,000.00 PAYMENT FOR CONSULTING SERVICE AND OF UP TO $10,000.00 FOR MATERIALS.

General Manager Chapman stated that Ruth Goodfield would be viewing the site as soon as possible and making recommendations for mitigation. President Orth stated that this matter had been a closed session item. Director Skezas moved to authorize the General Manager to pay up to $2,000.00 for consultant service and up to $10,000.00 for materials for abatement. Director Horrick seconded.

Roll call vote was taken as follows:

AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None