Bolinas Community Public Utility District
A Regular Meeting Of The Board
Of Directors
July 20, 2011 Special Location: Firehouse Public Meeting
Room, 100 Mesa Road, Bolinas
MINUTES
1. Call to Order.
7: 32 p.m.
2. Roll
Directors Amoroso, Bender, Kimball, Siedman and Smith
present; director Siedman presiding.
Director Siedman inquired whether anyone present would
like to comment on the matters to be discussed in closed session. As
no one requested the opportunity to comment, the Board adjourned to closed
session.
3 Closed Session: CONFERENCE WITH LEGAL COUNSEL --
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government
Code section 54956.9: 1 potential case.
4. Report from Closed Session
Director Siedman stated that the Board has decided to accept completion of
the Horseshoe Hill Road Water Main Extension Project and pay all contractual
amounts due and undisputed. No other action was taken during the closed
session.
5. Manager’s Report.
-- Update on the Terrace Avenue Bluff Stabilization Project: Accept Final
Technical Report: Coastal Bluff Evaluation & Stabilization Alternatives
Analysis, prepared by Sanders & Associates Geostructural Engineers (“SAGE”)
Staff reported that the comments provided to SAGE by the Working Group and
the County have been incorporated into the final report. In particular,
there is a new section in the report which evaluates the feasibility of a
repair of the upper (road) retaining walls, which would be an interim measure
designed to buy time while full bluff height protection structure goes through
design and permitting. It appears a repair can be done under the County’s
permitting jurisdiction and the estimated cost is $175,000 - $200,000 (two
contractors were consulted for estimates); such a repair would extend the
life of the road walls for 15-20 years. Installing the project would
require Terrace to be closed at this location for three weeks and would include
demolishing and disposing of deteriorated road walls and deadman anchors,
installing temporary shoring to protect utilities, emplacing and backfilling
the new wall elements, and replacing the roadway, curb and traffic barrier.
Director Kimball suggested that the Board defer acceptance of the report
to the August meeting so that all directors have sufficient time to read
it thoroughly and be prepared to make recommendations as to next steps.
Director Siedman asked staff to provide copies of the report to the Bolinas
Fire Protection District board members. Former director McClellan inquired
where the money would come from to fix the upper (road) retaining walls;
director Amoroso noted that the wall repair is much cheaper than relocating
the water line. Director Kimball noted that the County is focused on
a repair of Terrace and Overlook, and staff said that the Kleinfelder geotechnical
engineering report evaluating the slide and repair options was provided by
the County to the BCPUD. Staff noted that the County is actively seeking
a site to locate the “spoils” from the planned repair.
-- Update on Terrace Avenue Water Main Relocation Project
Staff reported that the district’s signed loan documentation was submitted
to the California Department of Public Health (“CDPH”) on June 17th.
The next deadline is August 12th, when the district’s state and federal labor
compliance forms are due.
-- Update on the BCPUD Office Building Accessibility Improvement Project
Staff reported that the remodel of the interior of the building is nearly
complete; the cabinets for the General Manager’s office will be installed
next week, followed by the painting and floor refinishing. As for outside
improvements, the concrete forms for the new sidewalk and parking area are
to be built tomorrow, inspected on Friday and poured on Monday. The
contractor’s current estimate for completion of the project is during the
second week of August.
-- Update on Evergreen Road Improvement Project
Staff said that the item will be covered during agenda item 7.
-- Update on the Bolinas Fire Fuel Reduction Project (BCPUD Sewer Pond Property)
The cultural resources survey for the project is complete and concludes that
no cultural resources are implicated by the project. The biological
opinion letter is under development and expected within the next two weeks.
The district’s partner on this project, Conservation Corps North Bay hopes
to begin the project in mid-August. Staff will contact the interested
community members to determine whether they still want to meet with staff
at the property given that the district has decided to limit the sapling
removal to those saplings that are 6-inches in diameter, or less.
-- Update on the Wastewater Treatment Plant Pump Station and Electrical Upgrade
Project
Staff plans to solicit bids for the irrigation pump control panels per the
specifications prepared by the district’s outside electrical engineer.
In operational news, the district’s monthly water consumption data shows
another increase in consumption during the most recent quarter over this
time last year, but consumption remains significantly below historic levels.
The staff repaired a leak today on the water main on Evergreen between Elm
and Alder Roads; this repair confirmed that the service saddles at the main
in this location are not in good shape.
The district’s Consumer Confidence Report for 2010 was mailed out to customers
and tenants on June 24, 2011 and the district’s triennial water license reports
were submitted to the State Water Resources Control Board prior to the July
1, 2011 deadline.
The tree that was down across the Arroyo Hondo access road has been cleaned
up so that staff can access the district’s facilities, but there is more
work to done in this area. On the topic of trees, a large eucalyptus
tree fell down across Olema-Bolinas Road on July 3, 2011 during a calm night;
once again, residents were unable to get out of town and emergency services
were compromised for several hours. The County’s right-of-way at Olema-Bolinas
Road is 50 feet wide and there is a dispute as to whether the tree that fell
was from BCPUD property or the County right-of-way. The County’s Department
of Public Works did a survey which indicates the fallen tree was on BCPUD
property. Staff has retained an arborist to determine why a large tree
would fall on a calm night like this; staff also plans to contact PG&E
to request their participation in removing tree hazards posed to the power
lines.
Board members expressed support for the hiring of an arborist to determine
why the tree failed on July 3rd. Director Kimball said the arborist
also should evaluate the cause of the tree that fell across Mesa Road during
a winter storm earlier this year. Director Amoroso said that he took
a look at the location of the tree that fell across Olema-Bolinas Road and
it is approximately 18 feet from the center line of the road, which suggests
that the tree more likely than not is in the right-of-way and therefore the
County’s responsibility. Staff was instructed to proceed with the clean
up of the tree, but notify the County that the district will seek reimbursement
from the County if the tree ultimately is determined to have been located
in the right-of-way. After further discussion, it was agreed that staff
would ask the district’s surveyor to evaluate the County’s survey of Olema-Bolinas
Road.
On the wastewater side of operations, staff directed the Board’s attention
to an e-mail from Blair Allen at the Regional Water Quality Control Board
acknowledging his receipt of the district’s report (prepared by West Yost)
and requesting additional mapping information.
Staff reported the district performed a video documentation and clearing
of the downtown section of the sewer system last month; there were no major
issues and the collection system remains in good condition. There were
some small blockages and build-ups that were easily eliminated during cleaning
and a possible need for some work on the Wharf Road section near the boat
dock; staff will follow-up.
Spray season is now underway following mowing in the fields to improve evaporation
and absorption. A new motor was purchased and installed for one of
the irrigation pumps and is now performing well. Staff has determined
that the concrete spillway at Seepage Pond 2 may be undermined and discussed
a minor repair with the engineers at West Yost which staff plans to complete
before the winter rains begin.
The Board reviewed correspondence sent and received since the last Board
meeting, including a notice that the district has received its $18,909.75
in grant funds to reimburse its expenditures on the pedestrian/bike path.
-- Drainage Project Manager’s Report
The Board reviewed a written report by Drainage Project Manager Lewie Likover.
The project on Poplar and Evergreen/Dogwood and Cedar is underway, consisting
of the installation of culverts on the north side of Poplar and improvements
to existing ditches, which was approved by the Board in June 2009.
6. Community Expression.
Al Hettich asked whether the ditching on Evergreen will be extended over
to Larch Road; staff said no, the project is limited to Poplar Road at this
time.
Director Kimball said the College of Marin should be notified
that the public dock across from the biology lab on Wharf Road is slipping
noticeably and will soon not be accessible. She volunteered to draft
an initial note for the staff to edit and send in.
Cela O’Connor said that the County currently is updating
three separate land use documents: the Local Coastal Plan, the Development
Code and Title 22 for the coastal zone. The Planning Commission website
has lots of information for those interested.
Former director McClellan said now that he has read the
Drainage Manager’s Report his concerns about the Poplar Road project are
assuaged and he is glad that the neighborhood is finally getting some ditches.
7. Approve Removal of Eucalyptus Trees in the Evergreen
Road Right-of-Way between Alder and Larch Roads (R. Johnson).
Staff stated that Rachel Johnson previously submitted an arborist report
identifying several hazardous trees in the Evergreen right-of-way; the district’s
Mesa, Septic, Flood Control and Roads committee met on site with staff and
developed a project whereby the trees (two of which are on top of the water
main) will be removed, encroaching vegetation also will be removed and the
road will be reestablished along with drainage improvements toward the intersection
with Larch. The district has received a low bid of $9,860 for the tree
removal.
Rachel said that she has contacted her neighbors to discuss their financial
contribution toward the project and said she has commitments for $900; she
said that some neighbors want to know what happens at the meeting tonight
before they decide what to contribute. Discussion ensued and director
Bender moved to approve the project on a 50-50 cost share basis. Rachel
said she does not think the ultimate amount she can collect to contribute
to the project will be more than $2,000. Director Amoroso noted that
when the district years ago removed some hazardous trees in the Poplar right-of-way
between Birch and Cedar the adjacent property owner kept the wood, which
significantly reduced the project cost; he inquired whether the neighbors
here could do the same. Rachel said that the neighbors seem to feel
that these trees are in the right-of-way, not on their property, and they
cannot afford to contribute much. Director Bender amended her motion
to authorize staff to proceed with the project, with staff working with the
neighbors to contribute cash and whatever labor they can to accept the wood.
Rachel said she does not know if the neighbors will agree to accept any wood.
Director Kimball said that the district needs to do the
action necessary to ensure the safety of the water lines by removing two
of the trees and grinding out the stumps, but perhaps the project can be
scaled back to only remove the hazardous limbs of the other trees.
Director Kimball seconded director Bender’s motion. Director Siedman
said the motion is to remove the eucalyptus on top of the water line and
authorize staff to work with the neighbors to reduce costs as well as cut
back on the scope of work as necessary to reduce costs but still remove the
hazards. Director Amoroso suggested that perhaps the district could
pay to remove the tree on the water main and up to 50% of the cost of the
additional tree work.
K. Bender/B. Kimball all in favor
to remove the two eucalyptus trees that are on the water main and such additional
tree work as needed to remove hazards, subject to working with the neighbors
to increase their financial contribution and reduce costs.
8. Request for Establishment of a Bolinas Planning Review
Committee (C. O’Connor).
Cela O’Connor said she would like to see the establishment of a local committee
to take the place of the County’s planning review process. She would
like this committee to serve as a design review board; she said the County
is not doing its job and as a result is failing to protect coastal resources.
Cela said that interested committee members will need to understand the Coastal
Act, the Local Coastal Plan, Title 22, the Bolinas Community Plan and the
Marin Countywide Plan; she suggested that the Board appoint her as a liaison
to get the process started, noting that she is 80 years old and does not
want to be on the committee. She emphasized that this is not an enforcement
or “tattle tale” committee – rather, she envisions this as a committee with
authority delegated by the Board of Supervisors. Finally, Cela noted
that in the County’s update of Title 22, the County is reducing the ability
of the public to participate in the planning process.
Discussion ensued with Board members asking questions
about the role of the committee, noting that the BCPUD already has a process
to encourage public participation/comment on proposed projects, and questioning
whether an additional layer of local review is necessary. Director
Kimball said that she has enormous respect for Cela, but she is not sure
that anyone local would be qualified to sit on such a committee and that
it might be difficult to find people who can be fair, impartial and unbiased.
Cela said a big concern is the oversized houses that the County recently
has approved in Bolinas, which are not consistent with the Bolinas Community
Plan; she said the plan is not being respected by the County and the character
of the town is being destroyed by huge new houses. Former director
McClellan commented that years ago the Bolinas Planning Council served a
role similar to what Cela envisions for the committee. Director Amoroso
said the council wrote the Gridded Mesa Plan. John Bryant said that
the County is not training its planning staff on the Bolinas Community Plan
and regularly ignores the public comments passed on by the BCPUD.
Director Amoroso said that the concept sounds good, but
that he agrees it is unlikely that there will be enough local people interested
in serving on the committee. He said it would not be acceptable for
the County to appoint committee members. Director Kimball asked whether
there are any other communities in West Marin with a committee such as Cela
is proposing. Cela cited the Inverness East Shore group and said she
thinks Tomales also has a group. Director Kimball said she would like
to know how these groups are appointed, how they function, their success
rate, etc.; she suggested that if the Board then agrees that this is an issue
Bolinas should pursue, the district can bring the idea forward to the community
as an Advisory Measure.
In response to a question from director Smith, Cela said that the zoning
code gives the Board of Supervisors the authority to delegate design review
duties to local committees. Director Smith said he understands why
Cela is suggesting the committee, but he doesn’t think anything needs to
happen through the BCPUD – Cela can go to the community and solicit interested
people to work together to help the County better enforce the Bolinas Community
Plan and the Local Coastal Plan. He said he would like to review the
process the County has in place for establishing design review committees
and Cela said she would bring information to the next meeting. She
said she simply would like a letter of introduction from the BCPUD to take
to the County to get the process going. Director Siedman said she should
bring a draft letter and information about other community processes to the
Board for consideration and Cela agreed to do so.
9. Update – Local Coastal Program Amendment and Schedule
Director Smith reported that he attended one of the public hearings about
the Local Coastal Program amendment process last week. He noted that
the County has added a policy to the draft program about structures on the
bluffs as distinct from shoreline armoring. Jack Liebster, the County
planner taking the lead on the program update, agrees that this section needs
clarification. Director Smith also noted that the Countywide Title
22 and the Coastal Zone Title 22 both are being updated at the same time
but by different planners and processes; as a result, there appear to be
conflicting policies under development.
10. Agreement with CalTrans for Placement of Construction-Related
Material Outside of State Right-of-Way.
Director Siedman said that there is a draft agreement in the Board binders
evidently prepared by CalTrans concerning the asphalt grindings to be generated
by the Highway 1 paving project next to the Bolinas lagoon; the agreement
was provided to the district by the contractor who will be doing the paving
work, Maggiora & Ghilotti. Director Siedman said he recommends
against the district signing this agreement as it places unacceptable liability
risks on the district. He suggested simplifying the agreement significantly
and sending it to the contractor with a statement that the district will
not sign the original agreement. Director Kimball concurred and director
Smith said he also agrees that the proposed agreement should not be signed.
He noted that the CalTrans agreement seems to indicate that the Department
of Fish & Game prohibits the placement of asphalt (evidently including
asphalt grindings) where it can pass into waters of the United States – he
queried how it is then possible for CalTrans to repave Highway 1, which is
directly adjacent to the Bolinas Lagoon! After further discussion,
director Amoroso moved to reject the agreement. Director Bender suggested
the district reject the proposed agreement and send another, much more simple
version to be prepared by director Siedman.
K. Bender/V. Amoroso all in favor
to reject the CalTrans agreement and instead offer to sign a simplified agreement.
11. Resolution 600: Accepting Completion of the Horseshoe
Hill Road Water Main Extension Project.
K. Bender/B. Kimball
all in favor to approve Resolution 600
and granting staff authority to work with legal counsel to finalize completion
of the project documentation.
12. 2011-12 Budget Adoption: Res. No. 601 Approving Budget;
Res. No. 602 Stating Current Rates and Charges and Authorizing Placement
of Charges on Marin County Property Tax Bill.
B. Kimball/D. Smith all in favor
to approve Resolution 601 approving
the district’s operating budget for Fiscal Year 2011-2012.
D. Smith/B. Kimball all in favor
to approve Resolution 602 stating the current rates and charges and authorizing
placement of charges on the Marin County property tax bill.
13. Update on Mesa Park Ballfield Irrigation Project.
Staff reported that the district has received a letter from the State Water
Resources Control Board stating that a state water license may be required
for the Mesa Park ballfield irrigation project. Staff respectfully
stated that this letter likely is in error as the project is proposed to
be served by a permitted irrigation well that is under the jurisdiction of
the County of Marin and by the district’s treated water (for the public restrooms),
which already is licensed. Staff has prepared a draft response indicating
these facts and requested Board approval to send it out.
B. Kimball/K. Bender all in favor
to send a letter to the State Water Resources Control
Board explaining the district’s position with regard to whether a state water
license is necessary for the Mesa Park Ballfield Irrigation Project.
Staff reported that the district will re-circulate the Initial Study for
comment only on the biological resources section as the Board previously
approved at its April 27, 2011 special meeting. Mesa Park is working
on responding to comments from the Department of Fish & Game and, as
soon as it is ready, staff will re-circulate the Initial Study.
14. Volunteer Committee Reports
-- Alternative Energy: Nothing to report.
-- Bolinas Lagoon Technical Advisory Committee: Nothing to report.
-- Community Path Update: Director Kimball said that the project currently
is in a maintenance phase.
-- Downtown Parking & Traffic Committee: Staff reported on a meeting
with Director Amoroso at the County planning department concerning implementation
of the Downtown Parking & Traffic Plan; the next step will be to work
with the County’s traffic department as the plan affects County roads (Brighton,
Wharf, Park and Terrace).
-- Resource Recovery: Director Siedman says the district needs to implement
a formal lease with the Resource Recovery Center as it has done with other
tenants on the same property and he offered to assist staff with the preparation
of the documentation.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball said that when the Task Force met on June 20th it reviewed
the lack of data on any West Nile Virus in Marin, which is very good news.
The Coordinating Council will next meet in November to review data from the
Mosquito & Vector Control District.
15. Other Business
a. Board Committee Reports
-- Finance: Nothing to report.
-- Legal: Nothing to report.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: Director Siedman reported that fundraising
is underway to finance the Downtown Park improvements. At present there
is enough money to fund Phase I of the planned improvements.
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the April 27, 2011 Special Meeting; Minutes of the June 15,
2011 Regular Meeting.
The Board deferred approval of the minutes of the April
27, 2011 special meeting to the August meeting. Directors Kimball and
Amoroso offered clarifying corrections to the minutes of the June 15, 2011
regular meeting.
D. Smith/K. Bender all in favor
to approve the minutes of the June 15, 2011 regular meeting, as amended.
c. Warrants
B. Kimball/D. Smith all in favor to
approve the warrant list.
d. Scheduling of Next Meeting(s)
August 17, 2011 at 7:30 p.m.
Director Bender stated that she will not be able to attend
the September Board meeting due to work commitments.
16. Adjournment.
10:37 p.m.