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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
COMMUNITY FORUM MEETING
Saturday, September 17, 2005
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The Board of Directors of Brooktrails Township Community Services District met in regular session September 17, 2005 at 9:00 a.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Ziady, Horrick, Skezas, Pohlson, 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. ACTION AGENDA
1. Approval of purchase of 124 T-shirts for Fire Department -- Stinger Sportswear - $1,272.18 initial cost. Director Pohlson moved to approve the purchase. Director Horrick seconded and the motion carried unanimously.
E. SPECIAL PRESENTATIONS
Fire Chief Daryl Schoeppner -- Brooktrails Evacuation Plan. Chief Schoeppner distributed copies of the brochure to the audience and asked them to keep it in a conspicuous place in their homes. He noted the information is also online via the BTCSD website. He said that when grant funds become available after the first of the year, the brochure will be fine-tuned and redistributed again. The first component to the plan covered preparation of the home as a defensible space, and for any need to shelter in place. He clarified that the Fire Department is responsible for residents' lives and safety and property, while CDF is responsible for wildlands. When a fire occurs, the fire department evaluates the need to evacuate. He asked the public to understand that it wouldn't be everybody leaving at once; based on the dynamics of the fire, specific areas would be evacuated. Chief Schoeppner told the audience to leave Brooktrails by their usual routes unless instructed otherwise.
Law enforcement would conduct the evacuations. People should tune their radios to KUKI, 103 FM, who will announce it on the radio stations they control. A Spanish-speaking channel, 1250 AM, will also be available. Assembly points would be established - for example, the District complex, the fire station, and the airport. Police and the County would establish traffic control and road blocks. He reviewed the "vicinity map" showing other exit routes, and commented that not all street names are included. Some of the exit routes shown traverse private property, and he urged the public to respect private property rights of owners. The fire department drives each route before fire season. Gate codes are provided to the proper authorities, who are also apprised of water supplies, landing zones, etc.
An audience member asked where the tankers fill up. Chief Schoeppner said there are huge containers of retardant at the Ukiah Air Attack Base. A second audience member asked if the same procedures would apply in an earthquake, and Chief Schoeppner confirmed they would. The Board thanked Chief Schoeppner for his presentation.
Richard Estabrook -- 2nd report, Lake Emily water supply projection. General Manager Chapman reviewed the June 2005 projection, which predicted an adequate supply. Mr. Estabrook said that our water comes from three primary places: Willits Creek, Dutch Henry Creek, and Butler Creek. There is a well at the water plant which produces about 5 g.p.m, but this is very minor water source. He then presented charts and diagrams detailing water demand and supply and his current projection. The projection chart anticipated approximately 140 acre-feet remaining as of December 2005. Mr. Estabrook discussed system losses, which include system leaks, breaches of water tanks, usage at the water plant itself, Fire Department testing of meters, evaporation off the lake surfaces, and seepage and leakage at the dams. He did not include CA Department of Fish & Game bypass requirements in system demands, as he considers this to be water we never were entitled to. The bypass requirements prevent us from adding supply to the lakes in the summer months, although demand increases. This process reverses in the winter, but our storage capacity is limited, so when the reservoir is totally full (322 acre-feet), the excess goes over the spillway.
The most important point in the model graph is the last rainfall of the year. This dictates whether it will be a plentiful year, or one that will have rationing. His model tries to project as soon as possible after the last rainfall. Creek flow is measured by the USGS gauging station. Brief discussion followed about the clear benefits of this gauging station (which has an annual cost of about $17,000) to the District.
The water projection chart was discussed. Mr. Estabrook said that, once having made his initial projection, he gauges the heights in the lakes weekly and the corresponding volume of water. Right now we are running about 25 acre-feet under his projection. An unforeseen circumstance occurred in July this year, and that was the work going on at the water plant (clearwell / backwash ponds); we were unable to transfer water from Lake Emily to Lake Ada Rose at a critical time, and this caused a loss of about 17 acre-feet of water. Luckily this does not have a great effect this year. He felt when beginning his monitoring that if he can get within 50 acre-feet of actuality, that would be a good result.
An audience member asked about meter readings and how many gallons were represented by a cubic foot. She was advised about 7.5 gallons to the cubic feet. General Manager Chapman said that an acre-foot of water is about 325,000 gallons, and a typical Brooktrails customer, production wise, uses on an annual basis about 82,000 gallons. An audience member said he had admired Mr. Estabrook when he was a Director of the District and said he was determined to give the community as much as he could. The Board of Directors thanked Mr. Estabrook for his work.
General Manager Chapman -- Update on water projects. General Manager Chapman announced that the clearwell/backwash ponds project was about 40% finished. This project began June 20, 2005 and was expected to be completed by March 17, 2006. The goal was to change where we inject chlorine into the system and to add 320% more tank capacity, with a total 210,000 gallons available for distribution from the plant. The 50,000-gallon clearwell tank was moved last week; in its place will sit the new, 160,000 gallon clearwell tank. This combination will also help solve our total trihalomethane problem (organic matter mixed with chlorine). Another goal was to return 3% of our backwash water to Lake Ada Rose; that water will serve another 30 SFRs. Our whole water plant will become more efficient.
Mr. Chapman continued that we were working with Hanson Engineering on the rubber spillway. The District's goal is to raise the level of Lake Emily by 3', giving us 50 more acre-feet of water. We should know the estimated cost within the next 30 -- 60 days. We are also getting an estimate for the cost of raising the dam by 15'. If we can get a Proposition 218 election passed in the future, we may be able to raise the reservoir (depending on many factors including the environmental reports). The CEQA process should begin this winter for the rubber spillway. However, the state may require us to do a sample soil boring test directly at the top of the reservoir. (Last October we did such tests at the base of the reservoir because we were looking at that site for future silt deposits [dredging].) Mr. Chapman then announced that Rich Estabrook had just provided him with new capacity figures for these two projects: the rubber spillway (raising by 3') would provide 372 acre-feet storage total, serving 996 SFRs. If we do this and also do the dredging, acre-feet increase to 434, to serve 1,313 SFRs in total.
As to wells, staff was researching wells drilled in the area and records available on this matter. The new bypass monitor ($5,000.00) should arrive any day. For that project, we have also cleared about 40 yards of vegetation below Lake Emily to provide spawning habitat. Mr. Chapman stated it was crucial that we have this new rubber spillway to give us better flexibility in capturing water earlier than April 1 of each year.
Several important questions are coming to the Board in future. One, within the next six months,would be the use of an engineer for a potential 218 bond election assessment. Another question will be whether we should tie dredging and raising the reservoir 15' together, because both require a tremendous CEQA/NEPA review with many federal and state agencies. Yet a third question is traffic circulation (2nd access road). Raising the reservoir will take us from a community of 1,500 homes to 2,600 homes (population 4,000+ to 7,000+), and we currently have tight circulation on Sherwood Road. General Manager Chapman moved to the leak detection program, which will continue this year. All components of the system work under great pressure, and each leak affects efficiency. We estimate we lose 20%, and our goal is to cut back to 10% or better. President Orth commented that we have found and repaired some major leaks in the past year. General Manager Chapman noted that serious occur on private property, as well. We expect to need a third pressure station in the Spring Creek/Sylvandale area, at a cost of potentially $15,000.00. Off-site storage is something the Board is looking at for future options, with potentially a large tank close to the Par Course.
The District recently finished a compound yard off of Goose Road for dirt excavated under our 60-mile leak detection program. In about January we will be requesting another $20,000 tank liner. The District will continue its sewer smoke detection program in October or November, again looking for inflow and infiltration. Last year, we sealed 1,000+ manholes. Mr. Chapman noted he will bring a proposal at the next meeting to fix 300 feet of sewer line along Peacock Road. We recently discovered this line was crushed and allowing infiltration; we think a lot of it has to do with seismic movement. He said Director Ziady would discuss the Ohl Grove projects, and he would be happy to discuss any of these projects with anyone after the meeting.
An audience member asked about a second access road. General Manager Chapman said that if the population rises from 4,000 to 7,000 people, they can't all go down Sherwood Road, and we need another access road. Additional traffic goes hand in hand with more water. An audience member asked why the County wasn't taking care of this. President Orth responded he represented the Board on the project development team of the Willits Bypass, which is key to our second access road. He said the County has funded early studies but is waiting for the State to delineate the 101 bypass; then the County would need to design a road to serve Brooktrails, and we would take that to a 218 election. The two projects will need to be tied together for funding.
General Manager Chapman said that projects and priorities overlap. We have to find out what the reservoir will cost first, then start the CEQA process, which is at least a year long. Mr. Chapman provided Anita Turcotte with clarification of the new capacity figures provided by Rich Estabrook. Mr. Chapman said he believed funding could be gotten from USDA Rural Development to raise Lake Emily 3 feet, but we certainly would not have the funds to raise Lake Emily 15 feet without a Prop. 218 assessment. When an engineer looks at the lots for this assessment, an improved lot will have an assessed share lower than a vacant lot, because the vacant lot clearly is the one that needs the water the most (i.e., cost / benefit ratio). President Orth commented that for the second access, the existing homes would pay a higher share. An audience member asked if these new SFR figures would bring us out of the moratorium. General Manager Chapman confirmed that the spillway and the dredging would not take the District out of the moratorium, but only raising the reservoir 15 feet would. That is why the Board will address a Proposition 218 agenda item in the coming year.
An audience member spoke about a second access down to Highway 20, and asked if that would have given CalTrans a different perspective as far as including a Highway 20 and 101 interchange in the bypass project. President Orth said no. The Corps of Engineers and ETA picked the route, not CalTrans, as the least environmentally damaging route. The Route 20 interchange was rejected because we have a Superfund site in that route, along with other issues. A Route 20 interchange would not have alleviated Brooktrails from congestion in the center of Willits, but a northern interchange does eliminate unnecessary trips by our residents into Willits.
Director Pohlson asked, if we tied the access road into the 218 election and it was defeated, where would that leave us? President Orth said we will be asking those questions of the 218 engineers, but the issues would be separated on the ballot. The County has requested that Brooktrails come up with 25% -- 50% of the cost of the second access road. General Manager Chapman said the last estimate, a couple of years ago, was $4.5 million for an approximately 3.2-mile road (Wild Oat Canyon).
Report from the Recreation, Greenbelt & Conservation Committee by Chair Mary Ziady. Director Ziady thanked the committee for all their hard work. She announced that Mike Aplet was returning to the committee. The committee met with representatives from the Spring Creek Road Association, has done educational outreach on invasive weeds, has a grant approved for the Thimbleberry Bridge, has named and marked a new trail, "Mike's Trail," and will be getting directional trail signs for trails as well. The committee is encouraging staff and the Board to continue work on a lot trade policy to improve trail access and parking around trailheads.
Regarding the Ohl Grove, the committee had guidelines for use and a development plan passed and picnic tables and barbecues were installed. They have plans for restoring the courts and a plan for a permanent bathroom. Rock barriers will provide protection for tree roots and prevent 4-wheel-drive access.
The Greenbelt Stewardship Plan is being developed by an ad hoc committee including Jerry Garvey, Wally Stahle, Chair Ziady and Don Morris. Director Ziady gave special thanks to Brian Weller for facilitating the public meetings. The last meeting for public input will be held October 15th, and she encouraged the public to attend. The committee has developed the parts of the plan on erosion, fire protection and recreation, and is now looking at greenbelt restoration and riparian issues. The plan will be presented to the Board for review at the end of October and an oral presentation given at the November meeting. The committee has asked her to urge prompt action by the Board on the plan, because they would like to start the organizational work during the rainy season.
An audience member said he read in the paper that there should be no logging. He said if you were going to take trees out anyway for thinning, he saw no reason why they couldn't be sold. Director Ziady responded that there was an issue in the community of trust, about which and how many trees should come out. This was beginning to be resolved with the public meetings, but we were not there yet. She said plans for thinning in the core greenbelt would be for several years out, and the immediate focus would be for fire abatement and shaded fuel breaks. She said natural selection forestry is mostly planned for the core greenbelt. She felt the community needed to hear that they were not seeking to reimburse this process by logging.
An audience member asked how many houses in Brooktrails are next to greenbelt. General Manager Chapman said we don't have that statistic but this may be pointed out by our new GIS software. Director Pohlson unfolded a large map of the District and pointed out that the white areas are greenbelt and noted that homes were deliberately placed where they might have greenbelt behind them. President Orth said that CDF has been doing our abatement program with a quarter-million dollar grant in those interface areas. He said there would be some neighborhood meetings next year and a Board process on greenbelt/interface abatement, and there was also a CERT program (Community Emergency Response Team) who might be involved, and we will have neighborhoods planning their own fire prevention activities.
Specific Plan Advisory Committee Report -- Chair Don Dussault. Chair Dussault said the committee's task was to work on projects assigned it by the Board, and prepare for the next Specific Plan Update in 2008, and "to research and develop information that we consider potentially useful in the near future." He said they were still learning the parameters of what Brooktrails, as a special district, can and cannot do. They were looking at problems facing the District and passing on their information and recommendations to the Board. This was done primarily through research and discussion. Over the last two years the most significant issues worked on have included recommendations for private water storage tanks, review of County guidelines on cell towers (they received public input and recommended that the Board accept the County ordinance). Mr. Dussault then continued that some residents wanted PG&E to install street lighting in their neighborhoods, which the Specific Plan prohibits. The committee was drafting a memo and will ask the Board to send this memo to PG&E. They will suggest that a line be added to the utilities bill advising the public that street lights are prohibited and they are developing an ordinance to advise the Board.
Chair Dussault continued that parking on Brooktrails streets has been a contentious matter for years. The District had no power to enforce parking restrictions. The committee has identified and submitted a list of streets to the Board where they believe the Fire Chief could enforce parking regulations. The committee believes that regulatory authority can be delegated to the District by the County and we can ask the County to enforce parking regulations as part of the Specific Plan.
Director Pohlson, Board delegate to the committee, said that in 1986 a study was done for a second access road, and a finding was made that local streets have a width of 24 to 30 feet, with no parking allowed per County regulations, because there was insufficient clearance for vehicles to pass without crossing the center line. In 1999, the BPOA sent a letter to the County and Brooktrails requesting action for fog lines, but no action was taken. In 2002, residents kept reporting a problem, but the Board decided there was no problem at that time. In 2003 a petition was presented to the Board to be sent to the County for adopting an ordinance in Brooktrails; again, she said, no action was taken. Later in 2003, 17 residents complained to the Grand Jury, which investigated and concluded that congestion caused by parked vehicles which obstruct emergency vehicles endangers all residents of Brooktrails. The Grand Jury said that it appeared no agency wanted to tackle this issue, and they recommended that Brooktrails Directors take a leadership role to resolve this issue. Director Skezas then asked that the District reply that it would take such a role.
Continuing with Director Pohlson, the committee proposed access for fire apparatus to the Board, which basically would be fog lines which allow 18' -- 20' clearance for emergency access. The legal opinion from Counsel Neary said that this had to be done by the County, who said it could be done by the Fire Department, who disagreed with that finding. The next step, she said, was if we as a community come up with standards we want and the Board forwards these to the County, the County will make a case-by-case decision.
Art Eck said he had left a handout with the Board that morning regarding his latest problem with parking, and had given a much larger packet and draft ordinance to them in 2003, which he then reviewed, claiming he had been told by the County that his draft ordinance would be enforceable.
An audience member said she had had problems twice recently with parked cars on corners and felt it was becoming a danger. She would like areas marked so cars couldn't park on corners. President Orth said if someone was doing this you can call CHP and they will come out; they are the responding agency. President Orth said the District has no planning authority other than through the Specific Plan. A recommendation we are working on, he said, is allowing people to create parking in the 15 to 20 feet of County right-of-way in front of every lot. Also, where there is a white line there are far more specific parking regulations, and these were generally on our circulation roads. Our parking standards for new construction required more parking spaces, especially for multi-family homes, and full paving for driveways. A long-range suggestion was to purchase lots in Brooktrails in areas that are becoming more residential to provide parking.
Director Pohlson said that the Township was authorized to exercise within its jurisdiction a variety of road structure changes, subject to consent from the Mendocino County Board of Supervisors. She said that therefore we do not have to wait for a Specific Plan update, but can simply send our request to the County Board of Supervisors. President Orth commented that we do not have funding to do these things, so the burden is on the County.
Claudia Reed of the Willits News said that during the discussion with the Department of Transportation at a board meeting, it was said there was no legal reason why the Fire Department couldn't declare a fire lane, but that as far as she could determine, it was not done because the Board and the Fire Chief didn't want to set a precedent. Chair Dussault said that was true, but we are limited as to what we can declare as a fire lane. President Orth commented on becoming parking enforcers rather than a fire department. Director Pohlson said she wanted to hear from the community and she wanted to set a public hearing date. President Orth said a public hearing is when you have a proposal, so it wouldn't be a hearing, it would be a special presentation at a regular Board meeting. He said it might benefit incoming Director Rich Williams to hear the history of this issue.
Chair Dussault turned to zoning. He said the committee recognizes this is under the jurisdiction of the County. They have drafted a letter of recommendation to the Board to assist the Board in justifying to the County certain zoning changes, and they expect to submit this letter next month. The committee requested an opinion from District Counsel on the District's authority to establish and enforce a permit for all new construction in Brooktrails. He said they have learned that while the District may make an agreement with a builder it has no ability to enforce compliance, even with a signed contract. In practice, the District has no authority to prevent water connections to a home that complies with County codes, but only has the ability to refuse conversion from a construction rate to a residential rate. The committee is working on recommendations on this.
Regarding blight, the committee finds that the District could improve its response to near-hazardous conditions. Included in this topic are light pollution, visual pollution, noise pollution, and possible air pollution. So far the District has relied on individual complaints. Regarding Prop. 218, Chair Dussault said that next month the committee will begin studying this, after a presentation by the District Manager.
As a follow-up, Director Pohlson said the Specific Plan was folded into the County General Plan. It included land use, housing, commercial development, environmental concerns, facilities, public safety, culture, resources, community design, capital improvement and financing. She said if anyone needed to know specific requirements in Brooktrails the information is also on the website. She thanked Dave Richards for his work on this website.
An audience member said she has been in Brooktrails six months and complained about enforcement. She said that parking is not her problem, but roosters crowing is. General Manager Chapman said the District has contacted the County once again on her problem, and he had spoken to the enforcement officer just the prior day. Mr. Chapman then noted the Specific Plan is about 80% guideline and 20% code. General things about streets are not necessarily code, but we have to deal with other agencies like the CHP, the Sheriff, and the County DOT. He said that the only thing he can truly enforce is an RV with an illegal water/sewer hookup. He said when we need help with code enforcement, and the District takes on these problems, it takes about a six week process via the County to get rid of junk cars. He said it is a struggle for him to try to enforce something when he doesn't have the enforcement power.
District Counsel Neary said when it came to enforcement, guidelines sometimes are not effective; sometimes the problem can be addressed as a private nuisance action against the offending neighbor. President Orth said that if you feel there is a nuisance in your neighborhood, you can come to the District Officer, and General Manager Chapman will contact the agencies and act as an advocate. Mr. Chapman said he often has complaints about vicious dogs and every such complaint is put on the record, so that if the dog actually hurts someone, prior notice to the County can at least be proven. The speaker then continued with a complaint about a pit bull in her neighborhood. Mr. Chapman described the Request for Action program and said it helps to have something on record, but we have to work with the County and you have to give them some time due to County staff cutbacks. President Orth responded that this was part of the problem: we are losing enforcement employees in the County.
Chair Dussault said that the committee needs new members and help. He asked interested persons to attend meetings and to give their names to the District Manager.
F. PUBLIC HEARING
None.
G. PUBLIC COMMENTS
None.
H. ADDITIONS TO FUTURE AGENDAS
Road parking issues
I. ADJOURNMENT
A motion was made to adjourn, and President Orth declared the meeting of September 17, 2005, closed.
CHARLES A. ORTH
President Orth
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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