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

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.

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.