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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
September 23, 2003 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on September 23, 2003 at 7:00 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Horrick, Orth and Skezas. Also present were General Manager Chapman and District Counsel Neary. Director Venturi was absent.
REPORT ON CLOSED SESSION
District Counsel Neary reported that the Board had met in closed session with their real estate negotiator, and gave instructions regarding the grove property. They also met with counsel regarding one matter of potential litigation.
The Board authorized an agreement with Steven and Daisy Hopkins of 27660 Blue Lake Lane regarding an easement which calls for a payment of $6,200 for the easement and various issues regarding the placement of the easement, together with an adjustment of the greenbelt parcel of approximately 3/4 of an acre.
The Board also evaluated the General Manager and extended his agreement for one additional year with a step increase and a trade of five sick days for five vacation days.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None
D. MINUTES OF PREVIOUS MEETINGS
September 9, 2003
Director Orth moved to approve the minutes of September 9, 2003 as written. The motion was seconded by Director Pohlson and passed unanimously by the members present.
E. SPECIAL PRESENTATION
LENA ASHLEY, WILLITS BYPASS PROJECT COORDINATOR
General Manager Chapman introduced CalTRANS representatives Lena Ashley, Project Coordinator, Nancy MacKenzie, Environmental Coordinator, and Dave Kelly, Design Engineer. Mr. Kelly posted a large map of Modified Alternative J1T behind the Directors table. Phil Dow from Mendocino Council of Governments (MCOG) was also present.
Ms. Ashley came forward and explained that the Clean Water Act sets forth criteria for the selection of the Least Environmentally Damaging Practicable Alternative (LEDPA), and through the process of selecting the LEDPA, a modification to Alternative J had evolved.
Ms. MacKenzie came forward, explained the process used to select the LEDPA, and described the concerns of the various alternatives. She reviewed the modifications made to Alternative J, now referred to as Modified Alternative J1T, noting that should it be determined to be the LEDPA, CalTRANS could ask the other agencies for concurrence, and be able to move ahead with the project, which would enable Brooktrails to pursue its second access road.
DOUG ELLINGER, COUNTY OF MENDOCINO, DEPARTMENT OF TRANSPORTATION
Doug Ellinger came forward and distributed copies of a map depicting the alternatives for the Brooktrails second access, and reviewed the various routes. Noting the probability that the Quail Meadows interchange will be constructed as a part of the Willits Bypass, he proposed an alignment which would intersect US Highway 101 south of where the railroad tracks cross the highway, indicated on the map as "H." He expected that this alignment would require a normal environment review, and that the construction process would take approximately three years.
Director Pohlson asked Mr. Ellinger to explain why he recommended a round-about for the Brooktrails Drive/Sherwood Road intersection, to which Mr. Ellinger responded that it would provide traffic control and calming on Sherwood Road. He stressed that alignment H was his personal preference, and that when the Project Study Report comes out it will indicate the Department of Transportation's recommendation, which may differ.
In response to General Manager Chapman's questions, Ms. Ashley estimated the cost to build Modified Alternative J1T to be about $150 million, and expected to be able to begin construction in 2007, with completion about three years later.
Claudia Reed, reporter with the Willits News, suggested adding more viaduct as a means of reducing environmental impact in the valley areas. Ms. Ashley commented that the costs to build the project are shared with the Federal Highway Administration, and MCOG, and they would not participate in adding costs to an alternative to reduce wetland impacts, if there is an alternative with fewer wetland impacts.
Mr. Kelly reviewed the increased costs involved in adding viaduct to the other alternatives, concluding that it would not be cost effective to do so.
As to the second access route, Richard Estabrook, resident of Primrose Drive, pointed out that the original intent of alternative F was to provide a paved two-lane non-access emergency connector from the airport to Highway 101.
Bob Houtz, resident of Harrah Place, spoke in favor of connecting the bypass to State Route 20. Ms. Ashley explained that it would be much more complex and costly to build an extension to State Highway 20 in conjunction with the US Highway 101 bypass, due to the wetland impacts and the impacts to the businesses on South Street. Ms. MacKenzie pointed out that previous traffic studies indicated that interchanges on the north end and south ends of the Little Lake Valley would suffice, and that the Highway 20 interchange was not warranted.
Phil Dow pointed out that a center valley interchange would induce growth and encourage development of businesses such as gas stations, motels, markets etc. in the environmental sensitive areas of the valley. As to costs, he stated that there is $100 million in State money set aside for the project, and $17 million in local money. He was optimistic about obtaining federal money to make up the difference of $35 million.
Director Pohlson stressed the importance of the District's ability to provide input as to how MCOG funds are spent in the county.
Mr. Dow pointed out that MCOG funded a study in the early 1990s regarding the need for additional Brooktrails access routes.
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
Arthur Eck, resident of Padula Drive, came forward to voice concern about parking. He outlined dates when he provided written comments to various governmental agencies, including the Brooktrails Board, the County Board of Supervisors, and the County Sheriff's Department. He asked Director Horrick why he had not signed the letter to the Board of Supervisors which was provided to him.
Director Horrick explained to Mr. Eck that he could not sign a letter to the Board of Supervisors without Board action. President Skezas reminded Mr. Eck that the Board could not take action on matters not on the agenda, and informed him of the formation of the Specific Plan Advisory Committee, which had been assigned to study the parking issue. Director Orth explained to Mr. Eck the problem with enforcement of his proposed parking ordinance. Director Pohlson assured Mr. Eck that the committee would do its best to resolve the problem.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
3. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR ONE DONATED LOT ON LILAC ROAD FROM KATHLEEN PILCHER DICE
Director Pohlson moved to approve the items on the consent calendar. The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Resolution No. 2003-35 Adopted.
I. ACTION AGENDA
4. CONSIDERATION OF A LETTER TO CHER DANIELS, CALTRANS, RECOMMENDING THAT CALTRANS CONTINUE TO STUDY THE FEASIBILITY OF THE MODIFIED J1T ALTERNATIVE FOR THE HIGHWAY 101 WILLITS BYPASS.
For the benefit of the audience, General Manager Chapman read the first paragraph of the proposed letter. Director Orth made a motion to approve the letter as written. The motion was seconded by Director Horrick, and passed unanimously by the members present.
A short break was taken, as the CalTRANS staff prepared to depart. President Skezas thanked them for attending. Ms. Ashley voiced her appreciation for the District's continued support and participation in the project.
5. REVIEW OF REVISED WATER CONSERVATION AND LEAK REDUCTION PROGRAM
General Manager Chapman explained that the State Department of Health (DHS) had required the District to develop the Water Conservation and Leak Reduction program as a part of the compliance order issued in February. A revised draft ordinance was prepared by District Counsel Neary for the Board's review, as well as written comments from resident Richard Estabrook and copies of the draft ordinance which was reviewed by the Board in July.
General Manager Chapman called attention to Section 5-201 in the new draft ordinance which requires meter readings on a two-week cycle, but did not state what is to be done with the readings. He proposed that the readings be used to narrow the field, and generate courtesy notices to customers that appear to be using too much water. This would allow the high-end users to be monitored as a separate group.
District Counsel Neary commented that if a water emergency is declared under the ordinance, it would be because the General Manager believed that we may run out of water during that year. He explained that the readings could be used to determine possible leakage, excess usage, to identify those customers that were unaware of the emergency, and to track the status of the situation. He felt that the information received from the bi-monthly readings would justify the cost of the staff time.
President Skezas stated his preference for the draft ordinance which was discussed in July, because it better defined things, although he felt that it should address how to charge for excess usage and how to provide for credit back. He spoke in favor of the specific detail provided in the original Section 5-101 regarding findings and actions.
Director Orth commented that a certain amount of flexibility should be provided to allow for modifications to the methods used, noting that the findings are based on estimates. District Counsel Neary agreed, noting that the revised ordinance leaves the methods up to the General Manager. The Board can then make the determination whether or not to accept the General Manager's recommendation.
Director Pohlson agreed that some flexibility should be allowed, but also felt that some criteria should be provided with which to make the determination.
Richard Estabrook, resident of Primrose Drive, came forward. He suggested that a paragraph be added under Section 5-101 authorizing the General Manager to prepare guidelines and policies regarding the findings and actions. He spoke in favor of District Council Neary's revisions. District Council Neary stated that he had read Mr. Estabrook's suggestions, and found them to be appropriate.
Director Pohlson made a motion to accept Mr. Estabrook's suggestions. The motion died for lack of second.
Using the overhead projector, Mr. Estabrook showed the Board an example of a water projection graph which could be developed, taking into consideration creek flow data and fish bypass requirements.
As to the provision for bi-weekly meter readings, Mr. Estabrook's rebuttal was that water production is the key factor, and that daily readings on production can be used to track the effectiveness of the program.
General Manager Chapman answered questions from Bob Houtz regarding the capability of the District's utility billing system to identify customers with excessive usage.
6. CONSIDERATION OF A RESOLUTION AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION, THE INCURRING OF AN INDEBTEDNESS, THE EXECUTION OF A LOAN AGREEMENT AND ANY AMENDMENTS THERETO, A PROMISSORY NOTE, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A LOAN FROM RURAL COMMUNITY ASSISTANCE CORPORATION (RCAC) FOR THE PURPOSE OF DEVELOPING WELLS.
General Manager Chapman reported that proposed well sites had been located and marked, and that he was seeking short term financing to begin the development of wells, the costs of which would be consolidated into a long term loan.
Director Orth moved to approve Resolution No. 2003-36, a Resolution authorizing the submission of a loan application to RCAC. The motion was seconded by Director Horrick.
Richard Estabrook offered suggestions regarding proper well testing procedures, and stressed that any agreement entered into with an engineering firm provide that the raw data be available to the District. He also voiced concern about relying on water wells for increased SFRs.
A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Resolution No. 2003-36 Adopted.
General Manager Chapman briefly reviewed the estimates received for well drilling.
7. CONSIDERATION OF RESOLUTION ESTABLISHING A POLICY TO PROHIBIT PARKING IN THE DISTRICT COMPLEX PARKING LOT FOR LONGER THAN 72 HOURS.
General Manager Chapman reported that a vehicle had apparently been abandoned in the District parking lot. He reviewed the proposal to post three signs at the entrances of the District parking lot advising people that vehicles left without authorization may be towed after seventy-two hours.
Director Orth suggested that it may belong to a Brooktrails resident who recently passed away. General Manager Chapman assured the Board that he would make every attempt to contact the owner prior to having the vehicle towed.
President Skezas asked that the word "written" be added in front of "authorization" in item two of the revised draft resolution. Director Orth made a motion to adopt Resolution No. 2003-37, establishing a policy to prohibit parking in the District parking lot longer than seventy-two hours. The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Resolution No. 2003-37 Adopted.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman commented on the new equipment installed at the playground.
President Skezas questioned the validity of the statement in the General Manager's report regarding the Eel River running into the Pacific Ocean without being tapped.
General Manager Chapman provided an update on the status of the FEMA grant application for a new fire truck. He reported that a $35 per parcel tax was passed by the State legislator for CDF. He would be meeting with representatives of the Mendocino County Water Agency, Senator Mike Thompson's, and the Department of Planning and Building regarding funding for the dredging project.
President Skezas noted that a letter had been received from the County commending the fire department for their efforts during the recent lightning strike fires.
K. PUBLIC COMMENTS
None
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of September 23, 2003 closed at 9:02 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President |
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