Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
April 16, 2008     270 Elm Road, Bolinas

1.     Call to Order

        7:36 p.m.

2.     Roll

        Directors Amoroso, Kimball, Siedman and Smith present; director McClellan absent.  Director Siedman presiding.

3.     Manager’s Report
Staff had several items to report concerning the district’s water quality.  First, the district notified its customers on April 3, 2008 of its most recent chlorine disinfection byproduct results; the district was in violation only of the haloacetic acids (HAA5) standard and only by 0.005o mg/L.  Second, at the end of March, the district submitted a proposed Stage 2 Standard Monitoring Plan to the California Department of Public Health (“CDPH”) in compliance with federal and state law requirements to expand the district’s regular monitoring for chlorine disinfection byproducts.  Third, recent samples taken from the Woodrat 2 reservoir revealed detections of aluminum in excess of the applicable maximum contaminant level, so the district will be monitoring the reservoir on a quarterly basis per CDPH requirements.  Finally, samples taken from the Woodrat 2 reservoir and mailed to an outside lab for perchlorate testing in February indicated levels of perchlorate in excess of the maximum contaminant level – however, the district and CDPH believe that the results likely are in error (this is a new testing requirement and CDPH advised the district that numerous agencies are receiving anomalous results).  Accordingly, the district will re-sample the Woodrat 2 reservoir and send the samples to a different lab for analysis.

The BCPUD has been invited to apply for state loan funding for three potential projects on the water system.  Staff reviewed the invitation documentation and recommends that the district pursue two of the loans:  one for funds to design, plan and construct an alternate water line for the Surfer’s Overlook area (eroding bluffs are threatening district facilities at this location) and a second to design, fund and construct an alternative impound structure on the Arroyo Hondo (i.e., to replace the existing fixed dam with a moveable dam that can be raised in anticipation of storm events to prevent siltation of the upper reservoir).  The Board agreed and instructed staff to notify the state accordingly.

On the wastewater side of operations, staff noted that spray season at the sewer ponds officially began on April 15th, but the district currently doesn’t anticipate beginning to spray for a while yet as there is some vegetation management work to do first.  Staff continues to grapple with equipment issues at the treatment ponds;  the aerators are not yet functioning properly and electrical work is needed at the pump control panel.

Staff reported that the Marin County Board of Supervisors is scheduled to conduct a hearing to consider revisions to the county septic code on May 6, 2008 at 11:30 a.m. at the Civic Center.  The changes overall are positive for West Marin;  unfortunately, the Environmental Health Services Department is limited by the regional Basin Plan in terms of the extent of the revisions that can be proposed, but it seems that the Regional Water Quality Control Board may be willing to entertain revisions to the Basin Plan at a future date to accommodate more of the desired revisions.  For now, however, the proposed regulatory changes seem to be a step in the right direction.

-- Update on the Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan (including an update on the BCPUD Chlorine Disinfection Byproduct Pilot Project).

Staff reported that the chlorine disinfection byproduct pilot plant is up and running; the operations staff is monitoring the plant and sampling regularly pursuant to the protocol developed by the district’s outside engineers.  There are immediate and obvious color, taste and odor improvements to the treated water quality and staff is cautiously optimistic that the GAC treatment approach will provide to be an effective solution for the district.

-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of the BCPUD Building.
Designer Steve Matson has completed a preliminary set of building permit drawings to upgrade the district office building to address ADA accessibility issues.  After some discussion, the Board agreed that individual Board members should review the plans by no later than April 28, 2008 and provide any comments to staff.  Thereafter, staff should proceed to identify the next steps to finalize the plans and submit them for a building permit.

-- Drainage Project Manager’s Report.

    Nothing to report; Drainage Project Manager Lewie Likover is on vacation.

4.   Community Expression

Director Amoroso inquired about the status of the district’s efforts to coordinate an appropriate film permitting process for Bolinas.  Staff said that a meeting has been scheduled with the responsible County official for May 1st.  Director Amoroso emphasized that there should be no “emergency” exceptions to the film permitting process.

Bill Lyons said he had heard that the Bolinas Fire Protection District may have had a problem with water pressure during the recent fire on Poplar Road; he asked whether the district was aware of any issues.  Staff responded that the BFPD did not have a problem with water pressure per se, but rather with the fact that the closest hydrant was several blocks away.  BCPUD and BFPD staff are now coordinating efforts to locate an additional fire hydrant to better serve the community – likely at the intersection of Poplar and Kale Roads.

5.   Resolution 560:  Approving the Bolinas Community Public Utility District’s Sewer System Management Plan:  Development Plan and Schedule; Goals and Organization.

    Staff reminded the Board that the district is required by State Water Resources Control Board Order No. 2006-003-DWQ to comply with requirements set forth in the order and prepare a Sewer System Management Plan.  The plan will be a working document for the next two years as the staff prepares each of the elements required by the order.  The first requirement is that the district prepare a development plan and schedule setting forth the dates by which it will complete each of the required elements, as well as the first two elements:  Goals and Organization;  the Board must approve the plan and schedule, as well as the first two elements, at a public meeting.  Director Amoroso offered specific clarifications to the Introduction and to the Organization element of the plan to include a description of the district’s moratorium on new connections to the system (and reasons therefore) and more precisely describe the staff time devoted to sewer system operations and maintenance.

D. Smith/B. Kimball    all in favor    to approve Resolution 560, with the changes to the Sewer System Management Plan suggested by director Amoroso.

6.    Resolution 561:  Approving the Selection of Dan Hom to Serve as the Special Districts’ Representative to the Marin County Treasury Oversight Committee.

B. Kimball/V. Amoroso    all in favor     to approve Resolution 561.

7.  Volunteer Committee Reports

-- Alternative Energy: Update on the Biological Assessment of the proposed PV-Array Sites.  Director Smith reported that the district has received a draft biological assessment from WRA, Inc., which concludes that the proposed solar array installations will not cause any significant environmental impact in the project areas (which will be located in wetland buffer zones), provided that specific mitigation measures are followed (i.e., installing the arrays during the dry season, educating contractors about potential protected species, etc.).  Director Smith said that the next step will be to finalize the report and submit it to the County so that a hearing can be scheduled before the Deputy Zoning Administrator.  After the hearing and subsequent appeals period expire, assuming no further unexpected contingencies, the district will proceed with the CREB’s issuance and issue the Notice to Proceed to the solar contractor.

-- Bolinas Community Plan Review Committee:  Director Amoroso reported that the committee continues to meet and is revitalized by energy from new participants Megan Matson, Charles Winstead and representatives of the Regenerative Design Institute.

--     Bolinas Lagoon Technical Advisory Committee:  Director Amoroso reported that the Gulf of the Farallones Working Group met the day prior and is working on a final report.  The group is considering recommending the opening of flood plains on Pine Gulch Creek on public land only;  the group wants to negotiate with private landowners (and does not intend to recommend compelling anyone) to open their land – director Amoroso noted that this means the Bolinas School and Warren Weber.  The objective would be to enable the silt to deposit before it gets to the lagoon; the local farms evidently favor the idea. 

-- Community Paths Group:  Director Smith said that he just received notice that installation of  the County’s bike path along the Olema-Bolinas Road to the school has been put on hold due to the apparent presence of a red-legged frog in the project area.  In contrast, the BCPUD path has cleared all required permitting and is scheduled to be installed in June, 2008.

-- Downtown Parking and Traffic:  Nothing to report. 

-- Resource Recovery:  Nothing to report.

-- Terrace Avenue/Alternative Access Road Committee:  Director Smith said that the Committee plans to meet on April 19th to determine whether any progress can be made on acquiring the necessary easement to widen Terrace Avenue at Surfer’s Overlook.  The affected property owner has declined to grant the easement, but the committee hopes to change her mind.  Director Smith spoke with Bob Beaumont at DPW about repairing the seawall on the beach below Surfer’s Overlook; Director Smith proposed an alternative (and much less costly) repair design that the County will assess.  Mr. Beaumont claims that the County has no money at all right now to fund a repair of any sort to the seawall and likely cannot fund even the smaller-scale repair that director Smith has proposed. 

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported that the next West Nile Virus Task Force meeting is April 21st.  The WMMCCC met last month and reviewed a 109 page report prepared by the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”) on its activities in West Marin.  Twenty-three of the pages are about Bolinas and 85-90% of the activity reported was source inspection, checking traps, etc.  The report confirms that only products approved for use in Bolinas per the terms of the WMMCCC/M&VCD agreement were used – mostly at the BCPUD’s sewer pond property, in roadside ditches or in the lagoon.  Fewer than five Bolinas residents contacted the M&CVD for service. 

8.  Other Business

a.  Board Committee Reports

-- Finance: Second Draft of FY 2008-09 Budget; Approve Form of Proposition 218 Notice to Property Owners of Proposed Increases to Annual Water and Sewer Charges.  Staff presented an overview of the proposed FY 2008-09 budget.  Projected expenditures by the district will increase by about 13% over the prior year’s budget due to plans to replace identified water lines threatened by eroding bluffs, pay the increased monitoring costs associated with the district’s GAC pilot program, implement the first phase of the ADA office upgrade, slip-line the Wharf Road section of the sewer main, repay the costs associated with the conversion and retrofit of the water treatment plant, hire a new full-time shift operator, pay the increased health benefits costs of personnel, and absorb the overall cost-of-living increases in the Bay Area.  Staff projects that the district will not realize increased revenues from either water sales or property taxes;  accordingly, staff recommends an increase of $123 to the annual water charge and an $87 increase to the annual sewer charge to fund the identified expenditures.  The proposed budget does not reflect the potential loss of revenue the BCPUD might experience if the State legislature decides to grab local property tax funds in connection with the state budget crisis.  Given the projected increases in annual service charges, the BCPUD must follow the requirements of Proposition 218 and notify residents of the proposed increases; staff therefore requested Board approval of a draft Proposition 218 notice.  Staff also requested the Board approve the scheduling of a public hearing on the proposed budget during the June 18th Board meeting and Board approval of the budget at the July 16th Board meeting.

D. Smith/B. Kimball        all in favor     approving the draft Proposition 218 notice.

V. Amoroso/D. Smith    all in favor    approving a June 18th public hearing date on the proposed budget and a July 16th budget adoption date
-- Legal:   Staff reported that the district has retained legal counsel for advice regarding the Wharf Road seawall and implications for the district’s utilities.

-- Mesa Septic, Flood Control and Roads:  Nothing to report.

-- Operations:  Nothing to report.

-- Park and Recreation:  Director Siedman reported that the committee for the downtown park met with a landscape architect earlier in the week to review design drawings;  the committee plans to present the design to the town at a public meeting.

-- Personnel: Update on Hiring Process.  Staff reported that the hiring process is on-going.

-- Sewer:   Nothing to report.

Director Smith advised the Board that at the most recent Tomales Bay Watershed Council meeting, the Council debated the content of two potential letters:  one was a general letter of support for Point Reyes National Seashore Superintendent Don Neubacher and the other was a letter to the West Marin Citizen urging the local communities to conduct a civil and respectful dialog.  Director Smith said he expressed concern about a letter of support from the Council for Superintendent Neubacher at this time as it could be perceived as “taking sides” in the Drake’s Estero debate, notwithstanding Mr. Neubacher’s excellent track record with the park.  Ultimately, the Council decided not to send a letter of support at this time, but rather thank Superintendent Neubacher personally for his work;  the Council resolved to send a letter to the West Marin Citizen.

b.  Minutes of the March 19, 2008 Regular Meeting

V. Amoroso/B. Kimball    all in favor    to approve the minutes of the March 19, 2008 meeting.

c.  Warrants

V. Amoroso/D. Smith    all in favor    to approve the warrants.

d.  Scheduling of Next Meeting(s)

May 21, 2008 at 7:30 p.m.

9.     Adjournment

10:19 p.m.