Scopazzi’s Restaurant, Boulder Creek, CA 95006

Meeting called to order at 1:17 p.m. Introductions: names and location of property. Members represented here either attending or by proxy: Armbrust, Barrios, Brown, Chandik, Daly, Miller, O’Neal, Pierce, Radzinsky, Raquelle/Bird, Scarlett, Smith, Sniffen, Spadaccini, Field/Wolf, Freeman/Kay, Hoye, Johnson, Kelly, Koval, Krause, Marshall, McClelland/Feldman, Sundrum, Tucker, and constituted a quorum, which was determined before elections. Non-members attending: Christensen, O’Neill, Stewart.

President Jose welcomed all, and reminded the group that we are a membership driven organization and therefore the Board takes their direction from the membership. The Directors of the Board who are not officers were introduced and given an opportunity to speak. Joseph Sundrum told us that he had been 9 months on the Board, and during this time he was involved in issues regarding getting the money owed as dues and contributions (from the non-members) as soon as possible . 9 months here. He wants input from the membership so that the Board has a clear mandate. The Board is getting legal issues resolved in order to help us collect what we are owed. Mike Brown was introduced– he told us he’s been on the Board for 5 months. He was skeptical at first because of the reputation that had been created by previous Boards – had heard horror stories. But he sees now that the road and this Board are 100 % better. Tys Sniffen has lived here for 2 years. He is the Community Outreach Guy (COG); his responsibility is to foster communications between the Board and membership. He is in charge of the website – dcli.org. and there is posted our annual budget based on our algorithm (how it’s figured how much everyone owes), and the minutes of our membership meetings. A question: are the minutes of the Board posted? Tys told us that they could be if the membership requested they be posted. Tys will post any announcements and be the liaison between the Board and the membership: call or email Tys if you have any concerns or questions, and he will direct us to the appropriate Board member. Tys told us that he has been on many Boards, and he believes that this one is as open, honest, and fair as possible. He has heard rumors: that the Board is not required to pay dues or the Board members do not pay their dues – he told us the rumors are absolutely false. Tys requested that if anything is going awry anywhere on the road system, contact him immediately and he will funnel to the Board for action.
Jose thanked the 3 Board members, told us it is good to have varied personalities on the Board and said that we encourage people to volunteer to be on the Board in the future. Jose asked to postpone a determination as to whether or not a quorum is present until more people arrive, if they do. He told us that the Book of Minutes is also available for perusal – just contact Tys to contact Manuela to set up a meeting to view the book. Jose stated that approval of the minutes of the Spring meeting be tabled until more members arrive – we do not have a quorum as yet.

Treasurer’s Report: Upon arrival and check-in at the meeting, each landowner was given a copy of Treasurer’s report so all could follow alone during Ron’s presentation. [Hard copy attached to this minutes]. At this point I’d like to import Ron’s Excel spreadsheets into this Word doc and put them as part of this minutes. Otherwise I will just be typing in here everything that he presented that is already on spreadsheets. I would put into the minutes a narrative some of Ron’s comments: that we purchased Tbills; contingent liabilities are legal expenses, and liability insurance, possible collection of fees due for logging per Heavy Vehicle Policy, explanation of escrow fees, and the ‘magic’ that Tom has wrought, etc. I will check with Ron to see what he’d like put into the minutes. . Motion to approve Treasurer’s Report by Joseph, 2nd by Richard, moved.

Road Manager’ Report: The same thing here: import here the Excel file that was projected onto the screen. And then Tom’s comments. Tom notified us that there are cars driving much too fast, and are spinning out rock. Go slowly!!! Immediately after rock was put on Ramble Road, Tom went up and down a number of times and had no problem with spinning out rock or sliding. Each vehicle must use 4 wheel drive, and when going downhill, do not use brakes – and go slowly! Tom was thanked for putting the rock on Ramble, and a question: will any more work be done on Ramble, and higher up on the road? Tom said that that is all that will go on right now, and when the rain comes, it will make it easier to drive on Ramble. Tom reminded us that the road work is moving from place to place until all the roads have been repaired and are in good shape. The worst part of the road system is getting done first, and eventually all parts of the road system will be done. Next year we will have more money to continue the work. The price of petroleum has gone sky-high, so we have to allow for that in our budgeting. Someone used a tractor to do some unauthorized work on Ramble - please do not do any work without checking with Tom. Tom asked that everyone pays their dues so that we can continue to repair the road. Hiram moved to approve the Road Manager’s Report, Mike 2nd, approved. Jose said that what Tom did was ‘doing magic’: that we spent $15,000 and got $70,000 worth of work as a result of the grants that Tom wrote and DCLI was awarded.

After more members arrived, it was determined that there was a quorum present. Joseph moved to approve the Spring minutes, Tom 2nd, moved.
NOTE: I HAVE NO INFORMATION ABOUT ROAD MANAGER’S REPORT BEING APPROVED – I’LL RECHECK THE TAPE.

Tom presented outstanding legal issues. The new Board that was elected was given a mandate to fix the JMA and bring it up to the 21st century and fix the road. We have been awarded $450,000 worth of grants from government agencies toward the 3rd bridge. Some people have been driving the road for 40 years and have been paying their fair share for that length of time, and there are others who drive the road on a continual basis and pay nothing. Tom urged the people who pay nothing to pay their fair share and be good neighbors. Tom explained Civil Code 845: AT THIS POINT I’D LIKE TO INSERT OUR ATTACHMENT IV OF JMA (WORDS FROM SECTION 845) At this point I would like to do the same thing as before: take the summary that Tom read and have it be part of these minutes, and then the narrative:: Hillary said that she feels that there needs to be transparency. Tom said that he is doing exactly that: the reason that he is presenting and explaining all this information is to be transparent. Tom said that our financial reports are the best we have ever had in the history of DCL. I’d also put in Victor’s comments about having a conflicting perspective of the HVP and THP and his asking the landowners to read the information that he will put on our yahoo group site. Please give me your feedback about this.
Denis O’Neal introduced himself: he is an attorney, worked as a Social Worker for the County and then as Counsel Santa Clara County. He does not understand the ruling by Commissioner Baskett, who is a Traffic Commissioner and often presides at Small Claims hearings. Denis has been a member of DCL since 1979. He talked about the Donald Favorito case – (see Tom’s legal report). Denis said that we have another chance to get all this straightened out when our Motion to Vacate Favorito’s decision is heard this coming week in Small Claims Court. Rather than giving details, Denis asked for people to ask questions and he would answer. If our Motion to Vacate is denied, we likely will take the matter to Superior Court. Question was asked: why are we talking about Superior Court? Ron Chandik said that he has been part of this organization for 40 years and for that length of time people have been not paying and the people paying are angry about those who don’t pay - DCL has tried for many years to collect money from people who refuse to pay and that it has been an emotional issue for all these years. Ron said that DCL must get this resolved once and for all, and we have a choice: either have this as an organization wherein landowners can voluntarily pay or not pay, or have it be an organization that has a legal manner of collecting.

There was a question as to whether there had been a decision by the membership as to whether to go forward or not with a filing in Superior Court. Jose said it had been mandated by the membership several years ago to resolve these legal issues. Denis said that he would stay after the meeting to answer any questions and address Gordon’s issues; Jose offered again to stay after. Denis was asked why we need to go to Superior Court. Denis explained that it wasn’t necessary, that we could leave things the way they are. The people who prevailed would not have to pay and other people who come up over the years will have a problem: whether to pay or not to pay, whether we bill people or we don’t. The question here regards the 1963 JMA amended in 1973, 2006, and 2007:each of those amendments was done legally according to their terms of the JMA. Are they indeed binding on the people who signed and their successors? What needs to be done is to take the 2007 JMA and take it back step by stop to the 1963 JMA. The reason the Small Claims ruled for DCL against Keith Dowell was because Keith’s signature is on the 2007 JMA. Manuela said that an identical case was brought to Small Claims by Bear Creek Canyon Road Association, Inc. heard by Commissioner Baskett: a BCCRA member who signed the 1969 JMA but did not sign the 2001 JMA: Baskett ruled for BCC. Denis said that we had consulted with an attorney that works with Jerry Bowden, the real estate attorney who won for the Favoritos against DCL case in 1993. They explained to us what needed to be done to settle this once and for all. We need to have a Judge determine the validity of the 1973 JMA in which each signer bound themselves and their successors, heirs, beneficiaries, etc. to the JMA, which has as one of its paragraphs the method by which the JMA is to be amended. When Denis explained what the attorneys had told us, Gordon shouted out that we were liars. Denis continued to explain that if we do not take the case to Superior Court, or if we take the case to Superior Court and lose, it is possible that all we need to do is have enough members – 75% of the membership – sign the 2007 JMA, because that was the deciding factor in Baskett’s decision to rule against Dowell. Denis explained that it would cost approximately the same amount of money to bring before Superior Court our case and add to it the issue in conflict about non-members – 845s: what constitutes improvement and what constitutes repair because the 845s are required to pay only for repair and should not be charged for improvements on the road. Hiram Pierce stood and said that he and Arden have belonged to DCL for 40 years and don’t live on their property and they have paid for all the 40 years for using the roads because it is the fair, honorable, and trustworthy thing to do. Jose thanked Hiram for his statement. Jose said he would stay after the meeting as would the other Board members. Joseph moved to approve Road Manger’s Report, Arden 2nd, moved.

Secretary’s Report: Manuela welcomed Bernadette O’Neill and her daughters. Bernadette is an 845 who bought the Boston property which is part of BCCRA but Bernadette uses Deer Creek Rd. even though she is a member of BCCRA. Manuela told us that Keith Dowell’s property was in escrow and we should be receiving approximately $3,900; at that time his lien would be released and notice would be sent to Superior Court that his judgment was satisfied. Two new neighbors: David Hoye and his partner were introduced; they bought the Kokosa property . Joseph moved to accept the Secretary’s report, Arden 2nd, moved.

Elections were held for Road Manager, Secretary, and one Director. Jose asked if the membership would like to have ballots or have the election by acclamation. John Miller asked for ballots. It was determined by voice vote that the membership was comfortable with voting by acclamation for all the position. Mike nominated Tom for Road Manager, Arden 2nd; Manuela opposed. Tom elected. Arden nominated Joseph for Director, Manuela 2nd, Joseph elected. A number of people said that Joseph has been wonderful and is a great mediating addition to the Board. Arden nominated Manuela for Secretary, Denis 2nd. Tom opposed. Manuela elected.

New Business: Kate announced that she and Hillary love living here and had received a text message from the Ku Klux Klan after the Presidential Election on November 4th. It was very disturbing. Looks like call came from Watsonville with the name of ‘Chris’. Kate called the FBI who told her she was overacting. The person who called was threatening to kill her with a baseball bat, and made other horrific threats. Every governmental agency she contacted has done nothing. She and Hillary have 5 dogs, but are no longer comfortable and do not feel safe here. She asked that if anyone sees anything out of the ordinary to please call her at 831 278 2930. Tom said that these threats are appalling and told her that she can call him and Manuela day or night and they will come immediately. Jose said that he is 5 minutes away from their house and will come immediately. Kate said that they have a gate and have blocked off any motorcycle access. She has dealt with the Klan before in Maryland and the authorities would do nothing. Jose said that there are lot of people who will have their back. Jose made the sad announcement that and Michael Morgan had died. Gordon suggested that whenever there is a death of one of our neighbors, we all should keep watch over the property and contact family members because that is an ideal time for thefts and vandalism to take place. It was later suggested that Kate contact the District Attorney in Santa Cruz – that the DA is required by law to follow up.

Bernadette O’Neill said that she has a white great Dane and a Sharpei and sometimes they roam – she asked that we be aware.

Great hilarity when Tom announced that there were found on various corners of the road plastic pink flamingos. He said that we are rough and tough mountain people and the flamingos give the lie to that. The Hoyes admitted to putting them there as directions markers for a party.

Robert Armbrust announced that he wants to put in gate on Little Buck. He was told that because everybody up here has a right-of-way over all the roads, he would have to give a key to all the landowners.

Bernadette’s daughter made a suggestion that there be separate-subject meetings within a general membership meeting, and then a spokesperson from each group report to the general membership.

Arden shared that she and Hiram have been here since 1969. She was involved as President at one time and she is now well aware how well the repair and maintenance of the road system is coming along. Arden is the Archivist of DCL and she gave some history of DCL. She welcomes questions regarding history of DCL. She explained that the 1963 JMA stipulated that the dues were to be $1.00 per acre. In 1973 the JMA was amended by 100% of the members because in the 1963 JMA there was no provision for amending the JMA. It has been amended since then and the dues and contribution structure was changed from per acre to distance and usage, to conform with CCC Section 845. Arden said that it has to be determined what is maintenance and repair, and what are improvements – the 845s are not obligated to pay for improvements.. She said that the roads are magnificent now. Jose said that the first two winters of his 13 years here he had to park and walk in.

Helga said that she has lived in areas that didn’t even have roads, and now our road is like the 17 Mile Drive. She said that she feels privileged to be able to pay dues each year and that everyone should pay for using the road, whether they are members or not.

Mac said that he has been a member since 2001 and he was told that previous to that the Road Association was run badly. When he was on the Board it was an improvement, but since Manuela and Tom have been on the Board it has been excellent. We’ve getting twice as much roadwork as we’ve ever had. Thank you.

Robert moved to adjourn, Tys 2nd, so moved.

Meeting was adjourned at 3:00 p.m.

Respectfully submitted,

Emmanuela Raquelle, Secretary