Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
June 20, 2007     270 Elm Road, Bolinas

1.    Call to Order

     7:00 p.m.

2.    Roll

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

3.    Closed Session  (Legal Advice – Anticipated Litigation - Government Code Section 54956.9(b))

    President Siedman said that no action was taken by the Board during the closed session and the open session of the meeting commenced at 7:35 p.m.

4.    Manager’s Report

Staff reported that water consumption in the district continues to outpace the BCPUD’s ability to produce it; consumption during the first two weeks of June has been particularly high, which is discouraging in light of the district’s recent mailing of a water conservation request to all customers.  It seems clear that consumption correlates closely with the weather; when it is sunny, consumption soars as visitors come to town and property owners increase their landscape irrigation.  Staff stated that there is a real need for the installation of a 5th filter at the Woodrat Water Treatment Plant to remediate this relatively chronic summer production problem;  the treatment plant was designed to accommodate five filters, but only four were installed originally based on the reported production capacity of each filter.  Staff is optimistic that production capacity at the plant will improve subsequent to the conversion and retrofit, which currently is scheduled to take place during August 2007.

Directors expressed concern about the lack of measurable response by customers to the district’s request for voluntary conservation.  Staff was directed to research the district’s options with regard to mandatory conservation and/or rationing and to include an item on the July Board agenda to authorize the BCPUD staff to shut-off water to customers in the event of emergencies.

The district continues to be “on hold” with regard to the restoration work in Arroyo/Hondo Creek to repair the damage caused by the 2005-06 New Year’s Eve storms due to the presence of a pair of spotted owls presumed to be nesting in the project area.  National Park Service biologists have advised that no work in the project area can commence until August 1st; given that the FEMA deadline for completion of the work is August 3rd, the district will need to obtain an extension of time for this project. 

With respect to recent projects, operations staff relocated the water service to the Mohn property at 550 Overlook and discovered during the course of work that a large and diseased pine tree is directly on top of the water main in the County right-of-way across and needs to be removed.  Staff notified the County DPW and DPW has requested an arborist report on the health of the tree;  Ray Moritz is scheduled to provide such a report next week and staff is hopeful the tree will be removed immediately thereafter.
In other “tree news”, staff is in on-going discussions with County DPW about the row of diseased pines and cypress along Mesa Road adjacent to the sewer pond property and had hoped to cost-share in the removal of these trees.  However, it seems that the County right-of-way along Mesa Road in this location is 35 feet wide (rather than 60 feet wide, as it is at the Overlook intersection and beyond), so all of the trees are on BCPUD property and not in the County right-of-way.  As a result, the BCPUD has sole responsibility for the removal of these hazardous trees and staff is working with local arborists to accomplish this as economically as possible. 

J. McClellan/B. Kimball    all in favor    to approve an expenditure of up to $18,000 (the amount of funds in the district’s hazardous tree removal budget) to remove the diseased pine and cypress trees on BCPUD property adjacent to Mesa Road.

Staff is working on a draft issue of the Summer 2007 Pipeline and will e-mail it out to the Board for review next week.  Staff also is finalizing the text of the 2006 Consumer Confidence Report, which will be mailed out to customers by no later than June 30, 2007.

On the wastewater side of operations, contractors will be mowing the sprayfields during the week of June 26th ; in addition, staff are repairing and replacing sprinkler heads as necessary.  Staff also are working with outside contractors to replace the motor on one of the irrigation pumps and to inspect both pumps for any necessary deferred maintenance.  Staff is developing a plan for biannual inspections of the irrigation pumps to ensure both pumps will be in good working order during the entirety of the spray seasons.

Staff has scheduled a meeting for June 21st with the West Marin Stage Operations Manager to discuss the parking of Stage buses at the lab building parking area.  The recent increase in the number of buses and driver vehicles is posing difficulties for district operations at the wastewater facility that need to be addressed.

The Board reviewed correspondence sent and received since the last regular meeting, including but not limited to the recent TTHM/HAA5 notice mailed to all customers on June 12, 2007; a copy of the executed easement agreement between the BCPUD and the BFPD; a copy of the executed Well Permitting Agreement between the BCPUD and the County’s EHS department; and various letters from the California Department of Health Services.

Director Smith commented on a letter received from Keith Staley, the owner of a boat currently located in the BCPUD right-of-way on Juniper Road.  He said he is very concerned about the indications in the letter that the boat will not be moved until September because he feels it poses a genuine public safety hazard.  Discussion ensued about Mr. Staley’s representations that the ground is too wet to move the boat and the district’s options under the circumstances. 

J. McClellan/B. Kimball    4 in favor (Amoroso opposed)        directing staff to report the boat to the County sheriff and send a letter concurrently to Mr. Staley apprising him of such when the report is made.

Director Siedman further requested that staff  prepare a letter to Erik Lauder in the County Real Estate office, with copies to County Counsel and County DPW, to respond to and correct the assertions in Mr. Staley’s letter that he—not the BCPUD--owns to the center of the Juniper right-of-way. 

     -- Drainage Project Manager’s Report.

Staff presented a brief report because Drainage Project Manager Lewie Likover was on vacation.  Staff directed the Board’s attention to documents in the binders detailing the planning work completed by the district to-date with the guidance of consulting hydrologist Rob Gailey.  Staff anticipates that a formal presentation will be given to the Board at the July meeting with a recommendation to continue the consulting relationship into the 2007-08 fiscal year. 

5.    Community Expression

Director McClellan commented that a drainage ditch has been cut through the front yard of a house on Dogwood and he is concerned that it may cross over the property’s leach field.  Staff was requested to check it out.

6.    Public Hearing:  2007-08 Draft Budget

Staff presented an overview of the draft 2007-08 district operating budget.  There was no public comment.  Director Kimball observed that the district is not raising any of the annual charges (i.e., water, sewer or drainage) this year.

7.    Volunteer Committee Reports

-- Alternative Energy:  Approve Contract with California Solar Initiative Program; Approve Form of RFP for Solar Installation Contract; Approve Application for Clean Renewable Energy Bonds; Approve Financial and Administrative Framework for BCPUD Lead Agency Role in Bond Issuance.  Director Smith reminded the Board that it is important for the district to secure both the state rebate (via the California Solar Initiative (“CSI”) Program) and the federal tax credit (via the Clean Renewable Energy Bond (“CREB”) program) in order for a solar array to be financially competitive.  After an extensive analysis, director Smith recommends that the district apply for an allocation of CREBs  (with assistance to do so currently available from the County at a significant cost-savings) and execute the contract with the CSI Program, which in turn will require the district to issue an RFP for the solar installation during July.  After some discussion about the relative advantages and disadvantages of financing the array with CREBs vs. a power purchase agreement (“PPA”), directors expressed their support for the CREBs.  Director Smith explained that it may not be necessary for the district to partner with the Bolinas Fire Protection District (“BFPD”) and/or the Bolinas-Stinson Union School District (“BSUSD”) on the bond issuance; the district can decide that later, the important thing now is to make a timely application for the CREBs allocation authority. 

B. Kimball/D. Smith    all in favor    to authorize the district to proceed with the application for an allocation of CREBs to finance solar installations for the water treatment plant and wastewater treatment facility.

Director Smith explained that he, Phil Buchanan from the BFPD and Tom Williard from  the BSUSD have been working together to prepare a form of RFP, based on an RFP the County issued for a solar installation a few years ago.  He noted that the County in its RFP waived the requirement that interested contractors put up a 10%  bid bond, as well as the requirement of a public opening of the bids and that the district’s draft RFP similarly waives those requirements.  Staff was directed to request legal review of those waivers.

V. Amoroso/B. Kimball    all in favor    to delegate authority to director Smith to timely complete the RFP on the district’s behalf.

D. Smith/J. McClellan    all in favor    to approve execution of the contract with the CSI Program.

President Siedman noted that many of the people present in the audience likely were in attendance to participate in other matters on the agenda; he suggested that the Board defer its consideration of the remainder of the Volunteer Committee reports until the end of the meeting.  There was no objection.

8.    Presentation of Tomales Bay Watershed Council’s Draft Integrated Watershed Management Plan – Katie Burdick, TBWC Consultant

Katie Burdick, consultant to the Tomales Bay Watershed Council, presented an overview of the draft Integrated Coastal Watershed Management Plan and details about the public review process currently underway.  She explained that one objective of the plan is to position the TBWC and its members to apply for implementation money for watershed improvement projects.  In connection with the drafting of the plan, 72 projects were submitted and a “top 20” were designed for prioritization;  a project jointly submitted by the BCPUD, the County and the Park Service is among the top 20.  Public review of the draft plan began on June 18th and will conclude on July 20th;  a revised draft incorporating the public comments will then be prepared and submitted to the state.  A final version of the plan will be completed sometime in September after which time the TBWC and the four participating water districts will formally adopt it. 

9.    Expanded Water Use Permit Application:  Jenkins, 72 Crescente

Dennis Rodoni appeared on behalf if the applicant and explained that the current remodel adds only 55 square feet to the footprint of the house and no additional bedrooms or bathrooms.  He mentioned that a further remodel plan may be implemented at some time in the future which might add additional square footage;  he said the property owner will resubmit for another expanded water use permit if he decides to proceed with that project.

V. Amoroso/J. McClellan    all in favor    to approve a conditional expanded water use permit with the current maximum quarterly water use limitations intact.

10.    Expanded Water Use Permit Application:  Lee, 455 Locust

Brian Lee explained that he is new to Bolinas and recently purchased his one bedroom, one bath house; he is not changing the footprint of the house in any way but rather is building a workshop for storage purposes.  He is a contractor and needs space to keep his tools, salvaged items and so forth.  There will be no plumbing in the workshop. 

J. McClellan/D. Smith    all in favor    to approve an unconditional expanded water use permit.

Heather Stephens, a nearby resident of Lee’s on Locust Road, complained that Mr. Lee was responsible for bringing in “toxic materials” early that week which he spread on the road; she said he had no permits for this roadwork and no environmental analysis was done.  Mr. Lee acknowledged that he had brought in ground asphalt to improve the road, which had large potholes, and apologized for doing so; he said he had not realized any permits were necessary and that he stopped the work as soon as he realized it was problematic.  He disagreed that the material is toxic; he said the ground asphalt came from the Bolinas school basketball court, which is being resurfaced.   

Director Smith agreed that ground asphalt is an excellent material for road improvement projects; in the past, the BCPUD made arrangements with CalTrans for many truckloads of this material to be delivered and spread on Poplar Road.  Although tar and petroleum are present in fresh asphalt, they leach out over time and are not problematic by the time the asphalt is removed and ground.  On the other hand, director Smith agreed that a permit should have been obtained from the BCPUD prior to the commencement of any work in the public right-of-way, precisely because the neighbors have a right to know about and voice concerns about any projects of this nature.   Director McClellan agreed to inspect the road and determine whether culverts or ditches need to be restored and whether any other remediation is necessary.  Director Kimball requested that staff send Mr. Lee a copy of BCPUD Ordinance 30; she also recommended that Mr. Lee review the Bolinas Community Plan to familiarize himself with community issues.

11.    SFD Additional Coastal Permit and Variance; Expanded Water Use Permit Application:  Vietor, 270 Laurel

Alethea Patton appeared on behalf of the property owners and explained that the permit application is seeking to legalize the addition of approximately 800 square feet of living space (including an additional bedroom, additional bathroom, laundry room and entry hall) and interior remodel.  The house has been increased from 1400 square feet to 2200 square feet.

Staff expressed concerns of the BCPUD and the Fire Protection District about landscaping obstructions and encroachments in the Laurel right-of-way and un-permitted drainage and road work that is problematic to the integrity of the road.  Photos were provided to the Board.

Director Siedman stated that the BCPUD comments to the County should include a statement that emergency access to Laurel Road needs to be restored and the obstructions and encroachments need to be removed.  Director Kimball requested that the BCPUD also state that roof vents should be installed to protection against mosquito entry into the on-site waste water system. 

D. Smith/B. Kimball        all in favor    to approve conditional expanded water use permit subject to a maximum quarterly water allotment of the existing use, plus fifty percent.
12.    Application for Well Drilling Permit – Thackrey, 660 Horseshoe Hill Road

There was no public comment on this item.  Directors noted that the proposed well site is outside of the boundaries of the district and therefore may not be subject to the new Well Permitting Agreement between the BCPUD and the County; however, the BCPUD historically has commented on matters its sphere of influence, which includes areas outside the immediate district boundaries.  After some discussion, staff was directed to send a letter to the County stating that the matter came on for consideration on the agenda and there was no public comment.

13.    Consideration of Criteria for BCPUD Participation in the Financing of Road Improvements and Other Projects on the Gridded Mesa

Director Smith requested this item be included on the agenda because he believes the district needs an objective means by which to assess whether and how it will participate financially in a road improvement project when there are no (or insufficient) neighborhood funds.  He suggested five criteria:  if public is giving partial financial support; (2) if there is a threat to the district’s water lines;  (3) if emergency access is impeded; (4) if drainage problems are accelerating road deterioration or septic performance; and (5) if the project area is a neighborhood access road.   Director Siedman noted the district already takes action when the water lines are threatened.  Director Amoroso said that the district historically has prioritized neighborhood access roads for improvement.  After further discussion, it was agreed that the matter will be continued to the July agenda, which will include an item for a proposed amendment to Ordinance 30, which director McClellan agreed to prepare.

14.    Consideration of Criteria for Appeals Process by District Customers for Relief on Quarterly Metered Water Delivery Charges in the Event of a Leak.

Director McClellan stated that he requested this item be included on the agenda because there should be a formal relief process for customers who experience leaks through no fault of their own and who repair them timely and responsibly.  Director Siedman observed that several of the BCPUD’s resolutions articulate appeals processes to challenge various types of district decisions.  Director Kimball volunteered to research other district’s practices with regard to leak relief and help director McClellan draft a resolution on the topic for consideration at the July meeting. 

15.    Proposed Amendment to Ordinance 30:  Approve Form of  BCPUD Letter to be Issued re:  Obstructions and/or Encroachments in the Public Rights-of-Way.

Staff presented a proposed form of letter to property owners regarding obstructions and/or encroachments in the public rights-of-way.  Director McClellan said the letter should address encroachments only because, pursuant to Ordinance 30, obstructions are impermissible and must be removed immediately.  After some discussion, staff was directed to prepare two forms of letter for consideration at the July meeting:  (1) regarding encroachments that do not pose immediate problems but may need to be removed in the future and (2) regarding trees planted in the right-of-way that must be removed immediately.  Staff was also directed to include an item on the July agenda to consider necessary amendments to Ordinance 30, which director McClellan agreed to prepare.

16.    Request for Further Amendments to Previously Revised Letters and Minutes of the BCPUD (Simac)

Mr. Simac was not present.  Director Siedman reported that he spoke personally with the County planner handling Mr. Simac’s permit application on June 18th at 1:10 p.m.;  the planner confirmed statements previously made to district staff that neither the BCPUD letters nor the BCPUD minutes have had any determinative effect on the County’s decision-making on this project application.  The planner told director Siedman that he had told Mr. Simac this several times, as well.  Based on this, director Siedman recommended that no further staff time is warranted on this matter unless there is a specific, substantive error in the minutes – the district remains willing to make necessary corrections to the minutes to ensure they accurately reflect the proceedings of the Board. 

17.  Approve 2007-2009 District/Employees Memorandum of Understanding

    Staff presented an overview of the substantive revisions to the Memorandum of Understanding between the district and its employees. 

J. McClellan/B. Kimball    all in favor    to approve the 2007-09 District/Employees Memorandum of Understanding.

7.    Volunteer Committee Reports (continued)

Director Siedman suggested that the Board consider moving the Volunteer Committee report agenda item down on the agenda as a regular matter to precede the Board Committee reports with the caveat that if there is a Volunteer Committee matter of particular community concern, that item can be elevated on the agenda.  Director Amoroso concurred and noted that an item of community concern can always be agendized as a separate item at the top of the agenda.

V. Amoroso/B. Kimball    all in favor    to move the Volunteer Committee report standing agenda item to immediately precede the Board Committee report standing agenda item.

-- Beach:  Nothing to report.

-- Bolinas Community Plan Review Committee:  Nothing to report.
-- Bolinas Lagoon Technical Advisory Committee:  Director Amoroso attended the most recent BALTAC meeting and said he intends to confer with Ralph Camiccia as it appears on the basis of this meeting that there may be a major restructuring in the works for regulatory oversight of the lagoon.  Director Amoroso will report further to the Board if any action of the BCPUD seems warranted.

-- Community Paths Group:  Director Smith reported that he is working on addressing a budget shortfall to cover increased costs of the path installation; he is in discussions with the granting authority and is optimistic that additional funds will be available – however, it may be several months before any such additional funds can be released..  Staff confirmed that the contract for the path installation is under development.  Director Kimball suggested that if it is clear that additional funds will be forthcoming, the BCPUD could pay for the additional installation costs from reserves, with the understanding that the grant funds when received will go back to the BCPUD reserves. 

-- Downtown Parking and Traffic:  The Board received a letter from Committee chair Leo Kostelnik with regard to the Blue Heron’s request for a letter of support from the BCPUD for increased seating;  the letter states that the Downtown Parking & Traffic Committee cannot support any requests contrary to its mission to improve downtown parking, particularly since the voter-approved parking plan has not yet been implemented.

-- Resource Recovery: Receive May Financial Report. Staff reported that the Resource Recovery Project is planning to open on Mondays, so it will then have a 6-day per week schedule, Mondays through Saturdays (closed on Sundays).
-- Terrace Avenue/Alternative Access Road Committee:   Director Smith reported that the committee continues to make progress with the County DPW on a possible widening of Terrace Avenue at Surfer’s Overlook.

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball said that the WNV Task Force met the previous Monday; no WNV activity has been detected in West Marin and only a small amount of activity has been detected in the entire Bay Area.  The WMMCC continues to negotiate with the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”) on the terms of a renewed agreement with West Marin. 

18.    Other Business

a.  Board Committee Reports

-- Finance:  Approve Engagement of Bunker & Company for FY 2006-07 Audit. 

V. Amoroso/J. McClellan    all in favor    to approve the engagement of Bunker & Company to perform the district’s FY 2006-07 audit.

-- Legal:   Director Siedman noted that the Board has authorized staff to approve up to an additional $5,000 of expenditures in legal fees in connection with an on-going work.

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

-- Operations:  Nothing to report.

-- Park and Recreation: Discuss Possible Revision to Resolution 152 (Water Meter Transfer); review appointment of Mesa Park Board representative(s).  Director Amoroso said the Board should consider possible revisions to Resolution 152, which applies to the transfer of water meters, because the current language may be unduly restrictive.  After some discussion, the Board referred the matter to the Legal Committee for review and recommendation of specific revisions to the full Board for determination.  Director Kimball said that she is in the process of compiling a history of water meter transfer requests (whether approved or denied) and will provide the results to the Board when she completes the analysis.

    Director Amoroso reminded the Board that it likely is time to review appointments to the Mesa Park Board;  staff was directed to research the appointment history and report back to the Board at the next meeting.

-- Personnel:  Nothing to report.

-- Sewer:   Nothing to report.

b.  Minutes of the May 16, 2007 Regular Meeting

Director Kimball offered one revision to the minutes.

D. Smith/B. Kimball     four in favor, one abstention (Amoroso)    to approve the May minutes as revised.

c.  Warrants

B. Kimball/J. McClellan    all in favor    to approve the warrant list.

d.  Scheduling of Next Meeting(s)

    July 18, 2007 at 7:30 p.m.

19.    Adjournment
11:24 p.m.