The Board of Directors of Brooktrails Township Community Services District met in regular session
March 8, 2005 at 7:00 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Ziady, Horrick, Pohlson, Skezas and Orth. Also present were General Manager Chapman and District Counsel Neary.
REPORT ON CLOSED SESSION
None.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. February 22, 2005
Director Horrick moved to approve the minutes.
Director Pohlson seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Pohlson, Skezas, Orth
NOES: Directors: None
ABSTENTION: Directors: Horrick
ABSENT: Directors: None
E. SPECIAL PRESENTATION
None.
F. PUBLIC HEARING
2. Public hearing on adoption of Ordinance 128 amending Ordinances 127 and 76
[private water tanks, repeal of private fire protection service section of Ord. 76].
General Manager Chapman reviewed the history of drafting water tank standards for Brooktrails via Ordinance 127 and the subsequent need to exempt Spring Creek and Sylvandale from some of these restrictions, which prompted the new ordinance. President Orth opened the public hearing at 7:05 p.m.
John Osborn of Brooktrails stated the restrictions would minimize the number of tanks, as opposed to increasing needed storage of water. He objected to the monthly charge for the annual inspections. He stated that not every lot in Brooktrails was so small that the 2,500 gallon limit was appropriate, and suggested a sliding scale of storage based on square foot of lot size. He saw no purpose in regulation except for safety and aesthetic concerns of neighbors.
Wallace Stahle of Rose Terrace said he would like to take advantage of the winter excess rain. He further commented on cross-connections, whereupon President Orth commented about the legal requirements by Department of Health for cross-connection controls, including annual inspections of the backflow devices. District Counsel Neary concurred. President Orth commented that each water meter in Spring Creek presently has a cross-connection device installed and inspected.
Jim West took the podium and asked for the following to be read into the record:
The reasoning behind allowing larger water tanks in the Spring Creek and Silvandale Subdivisions is that they are necessary for fire prevention because those properties are larger and have more trees. The Brooktrails subdivision is on the same district water source and the houses in Brooktrails have no shortage of trees around them. It shouldn't matter whether or not a person owns the property next to him if the vegetation is a fire hazard. That person should be given the same ability to fight the fire as other people in the same district. that is, people in Brooktrails should be allowed to have water tanks the same size as the people in Spring Creek and Silvandale.
The appearance of the water tanks seems to be the major issue with regard to the ordinance. That is, people don't want a bunch of water tanks spoiling their view. Because of this, the board decided to limit the size of the tanks and limit the color as well. The colors are supposed to be green or black only, unlike the District tanks which could use a little camouflage in my opinion. Evidently, no thought was given to below grade concrete tanks. That is, tanks that are built into the ground. This would be a great way to hide and stabilize the tanks.
The size of the tank should be dictated by the topography and the size and shape of the lot, not by some blanket rule. There is quite a variety in these subdivisions and each parcel has it's own characteristics. There are some smaller parcels in Brooktrails which may never have any near neighbors and which could safely hold a larger tank. A low profile 5000 gallon water tank is about 12 foot in diameter and a little more than 7 feet tall. That's about the same size as a shed that doesn't require a permit. We should not have a double standard in this district. Each permit should be considered on a separate basis and each permit should be given equal and non-prejudicial treatment.
Hauling water to a tank has been made illegal in Brooktrails. Not just drinking water, but any water. When I asked the board why they made that law, I was told that they didn't know why. If you make a law and you don't know why, then you don't know what you are doing and you shouldn't make the law. There is no good reason for that law. We should be allowed to haul water to our tanks if necessary.
Filling your water tank during the peak rainfall periods when the reservoirs are full from your garden hose has also been made illegal, another absurd law. Someone suggested to me that that was to prevent people from hording water during a drought. I would counter that idea with one that is more realistic: A drought is a natural disaster and people need the ability to store water before and during a disaster. We have water meters. The meters will indicate whether or not someone is abusing the district water supply and the district can act accordingly.
Multiple tanks should not require additional monthly fees since only one back-flow devise at the meter will need to be inspected once a year.
People who own vacant lots bordering their own property should be able to install tanks on those lots whether or not the lots are merged. If that goes against Brooktrails restrictions then the restrictions need to be changed.
Inspections of the tanks, scheduled or unscheduled, for cross-connections, etc. should not be required in Brooktrails if they are not required in Spring Creek and Sylvandale. There is no justifiable reason for prejudicial treatment within this district.
People should be encouraged to store water in case of natural disasters like fire and drought and manmade disasters like war and terrorism.
I am requesting that the attached comments be added verbatim to the minutes of tonights meeting.
Thank you,
/s/ Jim West
27040 Ridge Rd.
Willits, CA 95490
President Orth clarified that Sylvandale was not in the water district and has its own water rights, and that Spring Creek was within the water district and had retained its own water rights; they were not forced to hook up to the system, but can have their own independent system.
Warren Toff of Fairbanks Place asked why the District was not encouraging storage of rainwater for all purposes. President Orth responded that the ordinance was in response to the desire of people to start to do this, and to provide standards.
President Orth closed the public hearing at 7:17 p.m.
The directors discussed revisiting some of the ideas included in the standards. President Orth commented that the District needed to put some standards in place. General Manager Chapman said the current recommendations came from the Specific Plan Advisory Committee. Director Pohlson, Board liaison to the Specific Plan committee, said they had discussed erosion problems and that the District Architect had also provided guidelines as to footings and other needs. Director Skezas said he was concerned that the people commenting at this meeting had not come forward earlier when the ordinance was originally enacted. He said a lot of good comments had been made and he liked the idea of customizing specific needs depending on the size of the lot. He recommended sending it back to committee to modify based this evening’s comments. Director Pohlson said that a per-case approach would require much more work by the District Architect. She suggested that a person could request to get a variance from the Board, but she would prefer to keep a standard.
President Orth reconvened the public hearing at 7:27 p.m.
Jim West commented the tank size should be based on square footage of a lot, as opposed to the number of lots. He further said capturing 35,000 - 45,000 gallons would be enough water for a family for a year. Director Pohlson said there were a number of reasons for size limitation, including the need of the District's own forest for water.
President Orth reclosed the public hearing at 7:30 p.m.
He summarized that the matter would be sent back to staff, and that he favored the idea of tank size based on lot square footage. Director Pohlson suggested it should be possible to figure out exactly how much water a garden of a certain size would need. The discussion turned to the size of garden, say a 10’ x 20’ plot. The questioned was asked how many gallons would be required for such a size. Then the question turned to the amount of water needed for that size plot per 8,000 SF of lot. Director Pohlson said the purpose of the ordinance was for landscaping, not for filling a swimming pool. General Manager Chapman said he would do some research and calculations with the local farm bureau. Director Skezas asked if there was a variance procedure provided in Ordinance 127. District Counsel Neary responded with a “yes” that the original ordinance provided a blanket route of appeal to the Board. President Orth said the matter would be sent to committee for the next committee meeting.
G. PUBLIC COMMENTS
Jim West referred to the hazard abatement program and said the fire prevention officer was not being allowed to address trees larger than 6" in diameter unless they are dead or dying, or going to fall on a house, and therefore there was no abatement program for the majority of fire fuel in Brooktrails, which was the crown of trees bigger than 6".
Claudia Reed of the Willits News responded to say that the District Architect does deal with trees greater than 6" in diameter; she said she didn't believe anything was codified and suggested the District might want to make that formal.
Jim West said that the District Architect was not an abatement person although he reviewed site plans and you could get permission from him to cut trees, but he did not go around telling people they had a fire hazard.
H. CONSENT CALENDAR
3. Review of Accounts Payable Report and authorization to issue checks.
Director Horrick moved to authorize payment of checks. Director Pohlson seconded. Bob Terry asked from the audience why Mendo-Lake Office Products could not be paid with just one check for the month. General Manager Chapman said he would look into that. The motion carried unanimously.
I. ACTION AGENDA
4. Consideration of adoption of draft Ordinance 128 amending Ordinances 127 and 76 (private water tanks).
President Orth solicited any further comment from the audience. John Osborn reiterated his idea of multiple tanks to make up total gallonage; He said that the number of tanks would depend on the site and that it could be possible to hide multiple tanks stepped down a slope. Director Pohlson voiced her concern about if something caused a spill, and where that water would go. Mr. Osborn suggested site-specific engineering. President Orth made a final comment in that he did not want to see people putting in tank farms with the corresponding idea of that they could rely on the tanks for potable water purposes. General Manager Chapman said DHS gave the District orders that a reliable water source can be a spring or a well, but not the idea of hauling water. President Orth reiterated the matter would go back to committee.
5. Appeal of Kirk Mather regarding December 2004 water bill.
General Manager Chapman gave the District's case as laid out in the staff report. He mentioned that the bill included only what went through the water meter (66,000 gallons), and not the other costs borne by the District for the leak.
Kirk Mather said he had been gone for three months house-sitting, and that somehow 66,000 gallons went through his meter and he never found out why. He said a bulldozer had come in to fix his driveway and caused some problem. He turned the District turnoff valve off and it snapped, and he then he called the District and a District crew member, Robert Melluish, came out. He said he believed the water loss was outside the meter, and he asked the Board for at least partial relief on his bill.
General Manager Chapman commented that Mr. Mather's water lines were above ground and the County and Plumbing codes very specifically require the lines to be buried. He said in other cases where relief is requested, he had to have assurance that the leak would not happen again, and in this case he had no such assurance. He also again took exception to the tampering with the District valve.
Director Ziady asked if he had been offered a payment plan; Mr. Mather said yes, of $125/month. Mr. Mather asked if anyone had ever been given relief and was told yes. Director Ziady said she would need to see assurance of repair; Mr. Mather said in the sequence of construction, he could not bury the lines yet and had to do the driveway first. He said he couldn't put the lines underground if he had to pay the $400. Director Horrick said he backed the General Manager's position and saw no justifiable reason to grant relief. Director Pohlson asked if he had ever found the leak; Mr. Mather said no. Director Pohlson said the 66,000 gallons had to go somewhere and that it went through his meter; she said until he brought his system up to code there was no justification to having relief granted now. She said she would grant a reduction to half of the monthly payments on the payment plan if he would he bring it up to code within four months. General Manager Chapman clarified whether this was a $75 discount on the bill or the payment plan, and Director Pohlson said the payment plan (extending the payments over a longer period). Mr. Mather declined the offer.
In a response to a question from Director Skezas, the General Manager confirmed that the meter itself had not been inspected for fast or slow operation. Director Skezas asked what Mr. Mather had done to fix his system; Mr. Mather replied he had unhooked and since rebuilt his line, and now has about 250’- 300' of line and one hose bib. Director Skezas asked how long this meter has been in; Mr. Mather said since 1989.
President Orth said obviously Mr. Mather was still in construction on his property. He said the Board advised him not to keep that water line above ground. He said the Board could give relief on the length of the payment plan but not on the amount.
Director Pohlson moved to deny relief.
Director Horrick seconded.
Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Skezas, Orth
NOES: Directors: None
ABSENT: Directors: None
6. Consideration of letter to Department of Transportation per request of Specific Plan Advisory Committee.
General Manager Chapman briefed the Board regarding his March 4th meeting with new director of the Department of Transportation. The Director, Mr. Dashiell, will appear before the Board at the April 12th meeting. The General Manager said he had discussed all of the District's pending issues with DOT, including the stop signs for the intersection, the Sherwood/Birch Road left-turn lane, and fog lines. Mr. Dashiell informed the General Manager that the County has very strict fog guidelines. They had also discussed DOT's budget; DOT has spent $460,000 in Brooktrails in the first eight months of this fiscal year. They also discussed the District's proactive water leak location program and the need for a special permit allowing emergency digging this summer. Lastly, they discussed the relationship between the District, DOT and MCOG, and the nature of capital projects among the three agencies.
Director Pohlson said Mr. Chapman had accomplished what she wanted to do with her letter. President Orth said continuing problems are aspects of the road system that don't meet standards, and the County of Mendocino accepting a road system that did not meet road standards of the day and was built under a variance. Director Skezas commented he would like to know what DOT had spent the $460,000 on. Brief discussion followed.
Referring to Director Pohlson's draft parking ordinance, District Counsel Neary said he was waiting for some publications to arrive to be able to continue his review of her draft, as requested by the Board.
The Board agreed to not send any letters for now, and wait for the new DOT director to address the Board in April.
7. Semiannual report of Recreation Committee.
Director Ziady, Chair of and Board delegate to the Recreation, Greenbelt & Conservation Committee, gave a progress report since September 2004. Accomplishments included input into District Goals & Objectives for Fiscal Year 2005-06; new trail named for Mike Aplet; Thimbleberry Trail bridges grant application; development of philosophy of use and development plan for Ohl Redwood Grove; embarkation on an educational program about invasive plants; public hearing on CFIP plan; agreement on a demonstration site to be marked as part of that plan. She said the committee has noted increased environmental awareness on the part of District staff and was pleased. She requested a role in future fire safety planning and wanted part of the District budget be dedicated to recreation needs. She said the committee urged the Board to make a commitment to the greenbelt.
President Orth said the committee would definitely be involved in watershed protection. He said the memorandum of understanding had been signed to join other agencies seeking Prop. 50, Ch. 8 funds which could be used for watershed erosion issues. Director Skezas moved to receive and file the Recreation Committee report; Director Pohlson seconded. Claudia Reed asked what the timeline was on the demonstration site; General Manager Chapman said it would be done at 9:00 a.m. Saturday, March 12. The motion carried unanimously.
8. Consideration of development plan for Ohl Grove.
Director Ziady reviewed the development project list attached to the staff report, including, in order of priority: public restroom with gravity flow; picnic sites with tables and "fire safe" barbecues; conversion of old tennis courts into multi-use courts; rock barriers along paths and service road; handicapped-accessible path system inside park; amphitheater; conversion of old pool building for children's day camp and classes. She said the committee had rejected the idea of a pool in the Grove but had suggested two other sites, one at Brooktrails Lodge at their expense and on their land, and the other an area by the upper nine (golf course) Sherwood Road. President Orth recommended that the Board write Dr. Gitlin about constructing a pool on his property; he said he believed Dr. Gitlin would respond positively and that there would be many people willing to subscribe and pay fees. Discussion followed about the $10,000/month cost to operate a public sector pool. President Orth referred to staff's suggestion for inclusion of a bridge at the historical bridge site. Director Ziady said that was not included because it was not technically within the park. She said the committee would be happy to include those. General Manager Chapman said he had discussed the need for a sidewalk path between the Community Center and the par course, and included that bridge site with DOT.
Director Skezas moved to adopt the development plan with the proviso that only existing grant funds be used and any project requiring General Fund monies be brought back to the Board for approval. Director Horrick seconded. The motion carried unanimously.
9. Discussion and review of SHN soils report on dredging project.
General Manager Chapman said the soils analysis results indicated that the silt deposits from Lake Emily could not be placed at the toe of the dam, due to their instability. Director Skezas moved to accept and file the report; Director Horrick seconded. Director Ziady commented on the landslide at the south side of the lake and asked if that would impact future projects; General Manager Chapman said that would be part of the environmental study and preliminary engineering report regarding raising Lake Emily 15’. District Counsel Neary briefed the board on the response by Jan Goldsmith, the district's water attorney, to his recent letter concerning possible amendment of the District's water rights permit application to correspond to current realities. President Orth commented that her responses were generally favorable.
10. Consideration of resolution accepting grant deed of real property from Gerald Brezinski.
General Manager Chapman said the lots (one on Dogwood Terrace and one on Ridge Road) would go into the greenbelt. Director Skezas moved to accept the grant deed; Director Horrick seconded. President Orth suggested that at some point the District consider a plaque or other method of acknowledging lot donations.
Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Skezas, Orth
NOES: Directors: None
ABSENT: Directors: None
J. ADDITIONS TO FUTURE AGENDAS.
A draft agenda for the Saturday annual planning meeting had been attached to the agenda packet for review. President Orth asked if any directors had items they wished to add to the agenda. Director Pohlson asked if departments were being discussed as to goals and objectives; General Manager Chapman said yes.
K. SPECIAL REPORTS
General Manager Chapman reviewed his report, focusing on the anticipated City of Willits audit completion on April 1, which may affect rates. He also described the pending special request to Division of Dams to set up splashboards March 21, based on last year's experience of the last major rain being on March 27.
L. PUBLIC COMMENTS
Director Pohlson requested that the Board ask the Specific Plan Advisory Committee to study Mr. West's issue about the 6" trees. She suggested that Mr. West write something up on it and send it to the General Manager.
M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of March 8, 2005 closed at 8:55 p.m.
CHARLES A. ORTH
President Orth
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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