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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
April 8, 2003 |
REPORT ON CLOSED SESSION
President Skezas reported that the Board had met in closed session to discuss anticipated litigation with counsel, and that no action had been taken. They also gave direction to Labor Negotiator, Mike Chapman, to continue negotiations with the District employees.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present:
Pohlson, Horrick, Venturi, Orth and Skezas.
Also present were General Manager Chapman and District Counsel Neary.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
President Skezas asked that the report on speed limits in the General Manager's section be discussed as agenda item number 9, to allow the Board the opportunity to provide comments prior to the Board of Supervisors' public hearing. Director Orth stated "So moved." The motion was seconded by Director Venturi and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Venturi, Orth, and Skezas
NOES: Directors: None
ABSENT: Directors: None
Motion Carried
D. MINUTES OF PREVIOUS MEETINGS
None
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING - PURSUANT TO WATER CODE § 350
General Manager Chapman explained that the purpose of the public hearing was to determine if a water shortage emergency exists. This was in response to a compliance order issued by the State Department of Health Services, Drinking Water Field Operations Division (DHS) prohibiting further connections to the District's water system. He introduced Bruce Burton and Janice Oakley, Engineers with the DHS, who were present in the audience.
Mr. Burton took the podium. President Skezas opened the public hearing at 7:03 p.m.
Mr. Burton explained that the DHS has the authority to regulate all water systems in the state, and that under California State Law each water system has the responsibility to ensure that it has an adequate and safe supply of water for its existing customers. He quoted sections of the California Code of Regulations which restricts a water system from adding additional service connections unless it has a sufficient water from its sources and reservoirs to supply the total requirements of all users under maximum demand conditions.
He confirmed that there are always some people who to get caught in the process when a connection restriction is issued, and added that historically the DHS has allowed those people who can document that they are actively pursuing development to continue. He provided examples of the types of documentation the department would consider, noting that each application would be considered on a case by case basis. However, he clarified that it is the utility that must ask the DHS for the exemption.
He provided a brief history of the formation of Brooktrails, noting that the developers knew when they built the subdivision there was not sufficient source capacity. He provided a summary of an analysis done in 1993 which indicated that in a critical dry year the reservoirs would be drawn down by 300 acre feet, leaving 100 acre feet. However, the most recent study indicates total storage capacity of 322 acre feet, not 400 acre feet. Because of the low level of the lake during the October 2001 inspection of the system, the DHS reviewed the 1993 data and the current consumption figures, and required that an additional study be done to assess the source capacity of the reservoirs. This analysis indicated that during a 10-year dry period the District had only enough source capacity to serve 770 connections.
He clarified that the authority to issue a compliance order is based on the California Health and Safety Code which is independent of declaring a water shortage emergency under the California Water Code. He outlined the three conditions of the compliance order as follows; that the utility cease making connections, that it submit a work plan by June 1, 2003 to address the issues, and that it implement a water conservation program. He was optimistic that the planned actions of drilling wells, dredging the lake, and reducing system leakage could result in a speedy resolution to the problem. However, to provide sufficient water to serve the community at ultimate build-out would require doubling or tripling the source capacity of the reservoirs, which would be a long-term process. He expressed doubt about the feasibility of building a third reservoir, based on the current regulatory environment. Director Orth clarified that storage allowed under the District's pending water rights application could be done off-stream.
Director Pohlson pointed out that the current year was a normal rainfall year, and therefore she did not feel that a water shortage emergency existed at this time. For the benefit of the audience, she reviewed the District's plan of action to address the source and capacity issues. She suggested focusing on the treatment and distribution by zone, and spoke in favor of retaining professional guidance to develop a cost effective solution.
Many members of the public were present in the audience. Comments were received from Chris Brown, Christopher Martin, Vyral Brown, Marcel Dube, Carolyn Howard, Mr. Barnes, Kurt Ackerman, Rich Hazen, Chuck Bumstead, Randy Dorn, Jack Cunningham, Eric Idarius, and several people that did not identify themselves. In response to questions from the audience, Mr. Burton confirmed that dredging alone would not result in a permit for increased connections. General Manager Chapman provided an update on the process of developing wells. District Counsel Neary provided information on the procedure for bond issues. Mr. Burton answered to several people about the circumstances the DHS would consider when evaluating an amended permit application. General Manager Chapman outlined the number of exemption requests processed to date. Director Orth provided information on the Specific Plan process undertaken by the District to determine the best way to meet the demands of future growth. He also provided information of critical dry conditions that exist in other areas. General Manager Chapman reported on the status of the lot reduction achieved through mergers and donations.
In response to Brooktrails resident, Carolyn Howard, Mr. Burton read aloud section 116655 of the California Health and Safety Code, which gives the DHS the authority to impose a moratorium. Ms. Howard quoted certain sections from the Government Code related to water corporations. Mr. Burton explained that those sections did not apply to Community Services Districts. As to her concerns regarding misleading advice, General Manager Chapman answered that the Willits News covered the 2001 Water System Report in January 2002 when it was discussed at a Board meeting. Director Pohlson explained that the District believed that it had sufficient water to serve 2,000 connections, and was unaware that the storage capacity was reduced due to sedimentation.
Director Orth and Director Pohlson answered concerns regarding financing options for the necessary projects. Director Orth outlined the voting process under the provisions of Proposition 218. Director Pohlson summarized some of the recent events that contributed to the build up of sedimentation in the lakes. Director Orth provided historical information regarding the development of the reservoirs.
Director Venturi assured the audience that the District would work towards fixing the problems until they were fixed.
In response to the legal counsel for Deerwood Corporation, Mr. Burton explained that declaration of a water shortage emergency is a regulation from the Department of Water Resources, and is immaterial to DHS. He further stated that while the District can declare a water emergency, he saw no reason to do so.
District Counsel Neary agreed that the two issues are unrelated, and commended Mr. Burton for coming to the public hearing. He explained that the requirement for an engineering study requested by DHS in 2001 was not viewed as a momentous event, as a previous study indicated enough source capacity for 2,000 homes, and documentation exists in the water rights EIR that established the source capacity. He suggested that the conclusions in the February 2003 report may need to be reviewed, and recommended continuing the public hearing to an unspecified time for the purpose of developing technical data necessary to consider some of the conclusions of the report.
Mr. Burton pointed out that that the District does not have data on its own watershed, and the modeling that was used in the study was done by accepted engineering methods.
District Counsel Neary encouraged the Board to keep open the option of reviewing the report. He pointed out that the report indicates that in 1991 there was only enough water for 770 homes, yet the District had 1,100 homes and did not run out of water. He felt that report contained extrapolations that reached conclusions based on hypothetical situations which can not be supported in real life.
President Skezas asked for a motion to hold the public hearing open for a future date, to be re-noticed. Director Pohlson stated "So moved." The motion was seconded by Director Orth and passed unanimously.
A break was called to change the tape.
BREAK at 8:52 p.m. - RECONVENE at 9:05 p.m.
G. PUBLIC COMMENTS
Robert Terry of Poppy Lane suggested that the District advise property owners that there are items of significant importance going on which can impact their personal lives.
Dr. Robert Gitlin invited the public to the Brooktrails Lodge open house April 9, 2003.
Legal counsel for the Deerwood Corporation cautioned the Board regarding the wording of any public letter sent to property owners.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
4. ADOPTION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2003/2004
Director Horrick moved to approve the Consent Calendar. The motion was seconded by Director Orth and passed unanimously.
I. ACTION AGENDA
5. CONSIDERATION OF NOTICE OF INTENTION TO FIX WATER AVAILABILITY CHARGE FOR FISCAL YEAR 2003-2004, AND SCHEDULING A PUBLIC HEARING FOR APRIL 22, 2003
Director Orth made a motion to set a public hearing for April 22, 2003 to consider a resolution fixing water availability charges for Fiscal Year 2003/2004. The motion was seconded by Director Venturi and passed unanimously.
General Manager Chapman asked the Board to select one of the two alternatives presented for water availability charges to allow staff sufficient time to meet the April 30th deadline for mailing the notice of the June public hearing. For the benefit of the audience, he summarized the issues regarding the assessment to vacant parcel owners, and the provisions of Proposition 218. He also reported that the DHS had clarified that service connections are parcel specific, and not transferrable.
Director Orth spoke in favor of retaining the availability charges with a specific budget tied to the development of additional water resources.
Director Venturi also spoke in favor of retaining the charge, noting his opinion that the compliance order would be a short-lived temporary situation.
Director Horrick pointed out that the infrastructure is in place for every lot, and that even in a moratorium water is available for emergencies.
Director Pohlson voiced concern about the provisions of Proposition 218. District Counsel Neary reported that there exists an Attorney General's opinion stating that Proposition 218 does not apply to assessments existing prior to its passage.
General Manager Chapman voiced concern that the exemption from Proposition 218 applied to user charges, but not to assessments, and recommended suspending the charges.
District Counsel Neary summarized his written opinion which concluded that a water availability charge can be assessed if water is made available for any purpose, whether the water is used or not, and stated that he believed he could support that position. He stated his opinion that the District would probably have to go through the Proposition 218 process to reinstate the charge if it were suspended.
Director Orth made a motion to select Alternative A, fixing water availability charges for both metered and un-metered parcels, and to approve the attached notice of intention. The motion was seconded by Director Venturi and passed unanimously.
Mr. Porter's attorney commended the wisdom of the Boards' action. He commented that his interpretation of Proposition 218 was in agreement with District Counsel Neary's, in that unless you are implementing a new user fee or assessment, you are "grandfathered" and can keep it in place even if there is a moratorium. He offered his views on allowable uses of assessments and capacity fees. District Counsel Neary offered to prepare an opinion on the matter.
General Manager Chapman commented that he would adjust his draft budget to include the revenues from the standby charges.
6. DISCUSSION OF SEWER STANDBY CHARGES FOR FISCAL YEAR 2003/2004, AND THE PROVISIONS OF ORDINANCE NO. 104
Director Horrick pointed out that sewer charges are paid to the City of Willits based on the District's anticipated ultimate build-out, which he felt justified the assessment of the sewer standby charge to the vacant parcels.
Director Orth agreed, pointing out that the District pays capital costs based on its 37.69% ownership of capacity, currently approximately 2000 connections, and that the Specific Plan outlines the anticipated capital expenditures.
Director Venturi made a motion to select Alternative A, and retain sewer standby charges as historically assessed. The motion was seconded by Director Orth.
For the benefit of the audience, District Counsel Neary outlined the noticing and public protest hearing process.
A vote was called on the motion currently on the floor which passed unanimously.
7. REPORT ON USE OF ABOVE-GROUND WATER STORAGE TANKS BY PRIVATE PROPERTY OWNERS
General Manager Chapman reported that he had been contacted by several property owners who would like to utilize above ground water storage tanks, and summarized the applicable Mendocino County Building Code. He stressed that the both the County Department of Environmental Health and the State DHS did not consider water storage tanks and trucked-in water to be a reliable source of potable water, although they can be used for irrigation purposes.
Director Pohlson pointed out that the District's Utilities Code permits storage of water for fire purposes, and spoke in favor of a similar provision to allow it for irrigation.
President Skezas spoke in favor of the use of stored water for irrigation purposes, as long as the tank was in no way connected to the District's water system, and was independent of the house, with the exception of a rain drain. He asked that staff develop a policy accordingly.
Director Orth pointed out that the District's water rights extend to rain water. He asked that any policy developed ensure that those water rights be protected, and that the collection of water be limited to rain water only, and not include the right to develop wells.
Director Venturi asked that the tank be limited to 5,000 gallons, be fully enclosed with the exception of an opening for filling, and that any opening into the tank be securable. As to location, he stated his preference that the tank not be visible from the road, and that notice be provided to neighbors prior to installation.
Director Orth asked that the color of the tank be specified and that the tank be mosquito-proof.
8. PRELIMINARY DISCUSSION OF POSSIBLE FIRE TAX BALLOT MEASURE FOR NOVEMBER 4, 2003 ELECTION
General Manager Chapman voiced concern about the cost of an election, and felt that without the unanimous support of the Board of Directors, the tax measure would fail.
Director Orth spoke in favor of waiting until the Presidential Election in November of 2004. The other members of the Board nodded their heads in agreement.
9. DISCUSSION OF THE COUNTY SPEED STUDY AND PROPOSAL TO ADJUST CERTAIN SPEED LIMITS IN BROOKTRAILS
President Skezas summarized the recommendations in the Department of Transportation's report.
General Manager Chapman reported that he attended the Board of Supervisor's meeting on March 18th to speak against raising the speed limit from 25 to 35 mph on Birch Street in front of the Brooktrails Lodge, but was overruled.
Director Venturi explained that the only way to radar-enforce speed limits on a road is if it is surveyed. If a survey indicates that the majority of cars travel beyond the posted speed limit, the citation is not enforceable. He pointed out that sometimes increasing the speed limit can aid the enforcement of the speed limit. However, he agreed that the 35 mph along Birch Street is too fast.
Director Orth suggested that it be brought to the attention of the Board of Supervisors that Birch Street is a recreational area. District Counsel Neary pointed out the provisions regarding residential districts.
Dr. Rob Gitlin, owner of the Brooktrails Lodge, took the podium. He thanked District Counsel Neary for his 1997 opinion on speed limits in a residential district. He pointed out that information directing the Board of Supervisors specifies that if there is an issue regarding public health and safety, they must vote in favor of public health and safety. He read an excerpt from the Vehicle Code which supported the conclusion that Birch Street qualifies as a residential district and should have a speed limit of 25 mph. He asked for the Board's support with his effort to retain the lower speed limit.
Director Orth made a motion that staff send a letter to the Supervisors stating the Board's position that the speed limit on Birch Street should be 25 mph as a public safety issue, noting that the area qualifies as both residential and recreational. The motion was seconded by Director Pohlson and passed unanimously.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman introduced Karl Davidek, with USGS who was present in the audience. He reported that he had met with Mr. Davidek and Mike Webster with USGS regarding transferring the District's stream flow monitoring device to them. He summarized the costs involved, which could be in excess of $17,000. Director Orth asked that it be considered as a part of the budget discussion. General Manager Chapman reported that he would be ordering a hand-held monitoring device at a cost of approximately $3,400.
General Manager Chapman also reported that he had received a letter from the County regarding increasing the fee for collection of special assessments, and that he would come back to the Board at a later date with the calculations.
The Board reviewed the warrants for March. General Manager Chapman updated the Board on the TRAN Notes process, noting that he would be submitting the cash-flow spread sheet and necessary paperwork.
Director Orth provided a summary of the information on the norther interchange that he would be submitting at the Willits Bypass CalTrans Project Development Team meeting scheduled for April 10, 2003.
K. PUBLIC COMMENTS
Robert Terry, resident of Poppy Lane and member of the Brooktrails Architectural Review Commission (BARC), asked the Board to consider drafting guidelines regarding items that can be submitted to BARC. He was concerned about the appropriateness of two appeals which were recently brought to BARC.
Bob Houtz, resident of Harrah Place, voiced concern about the District's development review process.
Karl Davidek ask the Board to set aside time on a future agenda to allow him to provide information on stream gauging stations. The Board invited him to speak at the budget meeting on April 19, 2003.
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of April 8, 2003 closed at 10:37 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President
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