Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
July 21, 2010     270 Elm Road, Bolinas

1.    Call to Order.

    7: 32 p.m.

2.    Roll.

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

3.    Manager’s Report.

Staff reported that the district has received the plans and specifications for the Terrace Ave water main relocation project from its consulting engineers; the documents are under on-going review and will be submitted to the California Department of Public Health (“CDPH”) by the end of the week.  CDPH likely will need 2-3 weeks to review the project and applicable law requires a minimum bid period of at least 30 days, so it appears that the start date for this project is not likely to be before October 1, 2010.  Customers were notified last month in writing about the anticipated road closure of Terrace Avenue; staff has been working with the engineers to minimize this period to the shortest time possible.  At this point, staff anticipates requesting closure from 8:00 a.m. – 12:00 noon and from 1:00 p.m. to 5:00 p.m. for approximately ten weekdays.  The engineers do not feel there is any alternative to road closure in light of the narrow width of the road (as narrow as 12 feet in places) and because trenchless technologies will not be practicable given the amount of potholing that will need to be done.  Staff requested that the County either repair upper Terrace or install a temporary bridge over the area of road collapse; the County responded that a repair of upper Terrace is estimated at over $1 million (which the County does not have) and would take months to design and construct even if the funds were available, so a repair in advance of the BCPUD’s water main relocation project is not possible.  As for the temporary bridge, the County responded that they have never installed such a bridge and their road crews are fully scheduled in any event.  Staff plans to hold a community meeting in August to explain and answer questions about the project. 

Discussion ensued about emergency access during the road closure and suggestions for other, temporary “fixes” of the section of Terrace Avenue at Overlook Road.  At the conclusion of this discussion, the Board directed staff to conduct further research into the possibility of a temporary bridge, as well as a partial fill of the collapsed area sufficient to allow emergency access, and to convey the results of the research to the County Department of Public Works for consideration.

    Staff then updated the Board on the district’s process of securing a geotechnical engineering firm to evaluate the bluff at Surfer’s Overlook and recommend a stabilization project.  An RFP was issued on July 1, 2010 and a mandatory site visit for interested engineers was held at the project site on July 15, 2010.  Representatives from six firms attended; and numerous questions were asked and answered.  One question was whether the proposing firms need to include a cost for an Autocad topographic map of the project site (which will be necessary for the eventual project design work); it was decided that the engineers should not include a cost estimate for this item.  Staff subsequently spoke with Bob Beaumont at County DPW about this task and he confirmed that County engineers can supply this item. 

    Staff reported that the district is expecting to receive revised plans for the Horseshoe Hill water main extension project by the end of July for a directional boring installation.  Staff plans to put the project out to bid in August for an end-of-September installation. 

    District-wide water consumption was down again in the most recent quarter from this same time last year; however, district operators have noticed an increase in consumption in July.  At present, this is not cause for concern because the Arroyo Hondo creek flows are good and both reservoirs are full. 
    On the wastewater side of operations, staff discussed a letter dated July 1, 2010 from the San Francisco Regional Water Quality Control Board (“RWQCB”), which asserts that the district has not submitted an Annual Sewer System Overflow report for 2008 and 2009.  Staff spoke with RWQCB staff on July 14th and explained that the district never received the November 15, 2004 RWQCB letter which established the reporting requirement.  RWQCB staff acknowledged that a letter was not sent to the district, which is why no enforcement action will be taken.  The revised due date for the report is August 2nd at 5:00 p.m.
    Spray season is underway at the district’s sewer pond property.  The sprayfields were mowed beforehand and spraying will now continue until end of season in November.  Staff directed the Board’s attention to a letter from the district’s ACWA/JPIA representative recommending that the district address the badly corroded electrical panel control systems and house them in a weather-resistant enclosure on a more structurally stable platform.  Staff presented a proposal from an electrical engineer with various recommendations as to how to proceed; staff was directed to implement ACWA/JPIA’s recommendations and director Smith suggested that it might be possible to house the new panel control system in a wooden shed at less cost.  Staff agreed to research the possibility.

    The Board reviewed correspondence sent and received since the last regular Board meeting, including a notification from LAFCO as to the district’s annual dues payment and a letter to a customer who is in violation of the terms of his expanded water use permit.  The customer notified the district that a leak in his plumbing has been repaired and was almost certainly the cause of his high water use. 

    -- Update on the Award of Prop. 84 Grant Funds for Projects to Enhance the Duxbury Reef Area of Special Biological Significance(“ASBS”).

    A site visit in Bolinas was held on July 6, 2010 among representatives of the three agencies partnering on the Proposition 84 grant (i.e., the BCPUD, the National Park Service and the County of Marin).  The state funding representative was unable to attend due to a freeze on travel by state employees until the budget for current fiscal year is approved.  The grantee representatives are working on finalizing various documents needed for their projects. 

-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of the BCPUD Building.

    Unfortunately, no contractors attended the district’s mandatory pre-bid meeting that was held on July 13, 2010.  The district’s designer contacted local contractors and discovered that they were not aware of the project or the pre-bid meeting (despite it having been advertised for weeks locally in the Hearsay News and in the Marin Independent Journal).  As such, staff has amended the Notice to Bidders to extend the deadlines for both the mandatory pre-bid meeting and the responses to the RFP to August 3rd and August 17th, respectively.

-- Drainage Project Manager’s Report.

Drainage Manager Lewie Likover is on vacation and submitted a written report.

Director Amoroso asked staff about any news relating to the planting of the five-foot wide strip between the bike path and Olema-Bolinas Road.  Director Kimball said that in an effort to assist with this project, she has been speaking with local plant experts for advice as to the plants that will work in this area; she has a list of such plants and is currently working on estimates for the quantities of plants that will be needed.  She said she is willing to solicit volunteers to help plant the path and is hoping that the County will be willing to prepare the strip for planting (i.e., by removing some of the base rock and replacing it with soil.  Director Kimball said that planting should wait until the rainy season starts. 

4.   Community Expression.

    Cela O’Connor reported that the Marin County Board of Supervisors is going to consider a WECs ordinance on July 27, 2010; she noted that comments on the proposed ordinance are due July 17, 2010. 

5.   Coastal Permit, Design Review and Second Unit Permit 10-0184, APN # 193-020-51, 52 Mesa Road, Bolinas  (A. Dar)

Director Siedman noted that Arianne Dar is proposing the addition of a new second unit at her property on Mesa Road – an existing second unit will be incorporated as a bedroom into the existing residence, and a new second unit will be constructed.  No one was present to speak to the matter so staff was directed to provide no comment on the permit application. 

6.    Request for Variance of Expanded Water Use Permit 31, 75-77 Crescente Avenue, Bolinas (C. Post).

Chip Post told the Board that the home has been used on weekends only for some time; he and his wife moved into the home full time in June 2010.  He said the expanded water use permit limitations were based on a single occupant.  Mr. Post noted that he previously received a notice that he had exceeded the amount allowed under the permit, which prompted his request for a variance.  Staff reported that the quarterly water use allowed at the property per the terms of the expanded water use permit is 1500 cubic feet.  Director Amoroso noted that 1500 cubic feet per quarter is less than the1800 cubic feet per quarter allowed by the district during the mandatory rationing period in 2009.  Director Amoroso proposed that the permit be revised to allow the average household use; staff noted that amount is 2250 cubic feet per quarter.

Director Smith said that the Board should make findings as to why a variance of the 1500 maximum quarterly allowance is justified.  After some discussion, Director Siedman said that the record should reflect the Board’s findings that an increase in water use permitted is justified now that the property is used full time and because the 1500 maximum quarterly amount is unfairly low.  The Board finds under the circumstances that the average household amount of 2250 feet per quarter is appropriate. 

V. Amoroso/K. Bender        all in favor    to grant a variance to the Post expanded water use permit and revise the maximum quarterly water use allowed from 1500 cubic feet to 2250 cubic feet.

7.    Application to Transfer Water Meter from 26 Wharf Road to 245 Larch Road; Application for Expanded Water Use Permit (E. Pohlman).

Director Siedman congratulated Ed Pohlman on his purchase of the residential water meter from the downtown park.  Ed explained that he owns a 200 x 100 square foot lot on the Big Mesa at 245 Larch Road and he would like to build a house there.  Director Siedman said there are two issues before the Board: (1) the request to transfer the water meter and (2) the application for an expanded water use permit.

K. Bender/B.Kimball    all in favor    to approve the request to transfer the water meter from 26 Wharf Road to 245 Larch Road, subject to the requirements of Ordinance 38.

V. Amoroso/K. Bender        all in favor    to grant the expanded water use permit application and impose a maximum quarterly water use limit equal to the average household use OR the historic average water use at the original property based on the last year of use. 

    Director Kimball requested that staff update the water meter transfer list to include the Board’s approval of Ed Pohlman’s application.

8.    Application to Improve the BCPUD Right-of-Way: Installation of Culvert under the BCPUD Right-of-Way on Pine at Cherry.

 Staff presented the Board with an application submitted by Don Murch to install a culvert under the Pine Road right-of-way at Cherry; Don also has asked that the BCPUD supply the culvert.  Staff reported that Don has notified all nearby property owners and there is no opposition to the planned project.

B. Kimball/D. Smith     all in favor    to approve the installation of a culvert under Pine Road at Cherry and to approve the request that BCPUD supply the culvert.

9.    BCPUD June 28, 2010 Advisory Letter to the Marin County Planning Commission (C. O’Connor)

Cela O’Connor said she asked for this item to be on the Board’s agenda because she is concerned about comments submitted to the Planning Commission in a letter dated June 28, 2010, purportedly on behalf of the BCPUD.  She said she feels some of the comments are inconsistent with the Coastal Act and current Local Coastal Plan policies.  Cela said she is very concerned because the County seems to be replacing existing protections in the Local Coastal Plan with poor language during the “update” process.

Director Smith said that the previous November, the Board had discussed the future of the Bolinas Planning Group – members had drifted away and lost interest.  The Board ultimately decided that David Kimball and Burr Heneman were delegated the responsibility of representing the BCPUD at the LCP update hearings, with Cela O’Connor and Steve Matson as alternates; the representatives were instructed to circulate proposed written comments to the Board via e-mail for review before submittal – if there was no objection, the comments could be submitted but if even one Board member objected, then the matter must come before the Board at a regularly scheduled board meeting.  The reason for this was to enable the community to timely comment on the LCP process, which generally does not allow sufficient time for review and comment by the BCPUD Board per its regular meeting schedule.  Director Smith said the process had seemed to be working, but perhaps it is time to revisit it.

The Board members queried Cela as to her concerns about the June 28, 2010 letter.  Cela ultimately said that she did not want to be formally part of a group delegated by the BCPUD to comment on the LCP to the extent she disagrees with the comments the group decides to provide.  Director Siedman asked if she would like to be removed as an alternate and Cela said that she would be much more comfortable with that.  Director Amoroso said that because this is at her request, he will move that Cela be removed as an alternate to the representatives delegated the responsibility to comment on behalf of the BCPUD on the Local Coastal Plan update process.

V. Amoroso/K. Bender        all in favor    to approve Cela’s request to be remove as one of the alternate representatives delegated by the BCPUD to comment on its behalf during the LCP Update process.

10.  Petition to Vacate Public Right-of-Way – Osterweis, Pine Gulch Creek Road (C. O’Connor).   

Cela O’Connor said that her focus in asking for this agenda item is to preserve public access.  She said she met with Christy Voyles at the County about the petition to vacate a public right-of-way at the Osterweis property when she saw it posted at the County.  Cela asserted that when the Osterweis family bought the land, a road across the property was in place; subsequently, another road was put in and Osterweis built on the former road location, which Cela said is the public right-of-way proposed for abandonment.  Cela said the planner told her that the right-of-way had never been developed, but Cela says that it was.  Cela said that the former public right-of-way can be abandoned, but that it should be transferred to the new road so that the public maintains its ability to access public lands on the other side of the Osterweis property. 

Director Siedman noted that the petition to vacate previously came before the Board during its December 2009 meeting and that the Board already has informed the County that it did not have any concerns about the petition, which is outside the boundaries of the district.  Cela said that the public comment period is still open and she requested the Board support her request to transfer the public’s right-of-way to the new road.  When asked by the Board, Steve Matson said the transfer request is a good idea and that he thinks the residents of Paradise Valley would support it.  Directors Bender and Amoroso said they also supported the request.

    Director Amoroso moved that the district convey support of Cela’s transfer request to the County and director Bender seconded the motion.  Discussion ensued as to whether the district would take a position in favor of the transfer request or simply convey Cela’s request to the County.  Director Siedman said that based on the discussion, the Board sentiment is that it is a benefit to the entire community to preserve a public right-of-way, so the district does seem to be taking a position.  Director Smith said that when the Osterweis representative was present at the December 2009 meeting, the Board was told that the public right-of-way proposed for abandonment ended at the Martinelli property and did not attach to public land – as such, there was not apparent value in keeping it.  He said Cela appears to be saying something else now.  Cela said that the Osterweis parcel was reconfigured; she said the easement previously went all the way up the hill but the new road does not.  Director Siedman said that the Board seems to feel that new facts have come to light since it’s previous position of no concern and that the Board now supports the request to transfer the public right-of-way to the new road.

V. Amoroso/K. Bender        all in favor    to support Cela’s request for a transfer of the public right-of-way to the new road.

11.    Request from Bolinas Community Land Trust for Advisory Opinion Re: Terms of Potential Expanded Water Use Permit for Possible Affordable Housing Project at 12 Wharf Road, Bolinas.

    Steve Matson said that the Bolinas Community Land Trust (“BCLT”) is exploring possibilities for additional public housing in town; specifically, at 12 Wharf Road.  In order to answer questions from potential investors in a purchase of the property, the BCLT would like to know the approximate terms of a potential expanded water use permit for the property so that Steve can design accordingly.  Steve said that BCLT ideally would like to build three individual dwellings of approximately1100 square feet, with 3 small bedrooms each, on the property as affordable family housing is in high demand.  Discussion ensued about the historical water use at the property, which is about 5,000 cubic feet per quarter in all but the last year, when residents were departing the property.  Director Amoroso said the Board will follow Resolution 173 in making any determination; the Board members noted that Resolution 173 permits an expansion of water use over the historic amount which in this case would be an additional 1500 cubic per quarter. 

D. Smith/B. Kimball    all in favor    to direct staff to write a letter to the BCLT outlining the likely maximum quarterly water use in the event an expanded water use permit is sought in connection with a proposed improvement to 12 Wharf Road, based on historical average water use at the property (not including the last year, which is unrepresentative), plus up to 1500 additional cubic feet.

12.  Approve One-Year Pilot Project for BCPUD to Improve the Public Rights-of-Way by Filling Potholes on Neighborhood Access Roads on the Gridded Mesa.
Director Smith said this item is carried over from last month for additional consideration of his proposal that the BCPUD improve the public rights-of-way on the Bolinas Mesa by filling potholes on the neighborhood access roads.  Director Smith proposed that the district implement a one-year pilot project and allocate $2500 for this purpose.  Discussion ensued as to where the neighborhood access roads are per the Bolinas Traffic Plan and whether the proposal is appropriate in light of historic private neighborhood efforts to maintain the roads.  Director Kimball noted that it is a one-year proposal only; director Siedman said that it is important to maintain emergency, garbage and delivery access on the neighborhood access roads.  Further discussion ensued as to the source of funds for the pilot project and administrative details; staff suggested that the proposal be referred to the Board’s Mesa, Septic, Flood Control & Roads committee.  Director Smith emphasized a pothole will be filled per his proposal only if it constitutes an obstruction under Ordinance 30, meaning that it is more than 4 inches in depth.

Director Bender made a motion, which director Siedman restated as follows: to approve a one-year pilot project for the district to improve the public rights-of-way by filling potholes defined as obstructions per BCPUD Ordinance 30 on Neighborhood Access Roads, subject to a maximum expenditure of $2500 and to be implemented in consultation with the fire department and other service providers, under the direction of the Board’s Mesa, Septic, Flood Control & Roads committee.

K. Bender/D. Smith        all in favor        of the foregoing motion offered by Director Bender, as summarized by Director Siedman

13.  2010-11 Budget Adoption:  Res. No. 590 Approving Budget; Res. No. 591 Stating Current Rates and Charges and Authorizing Placement of Charges on Marin County Property Tax Bill.

K. Bender/B. Kimball    all in favor    to approve BCPUD Resolution 590.

K. Bender/D. Smith        all in favor    to approve BCPUD Resolution 591.

14.     Approve Sewer System Management Plan.

Staff presented the final sections of the district’s Sewer System Management Plan.  The Board previously has approved, on schedule, all elements of the plan through element 6.  The Board tonight must approve elements 7 – 11 so that staff can certify completion.  Staff noted that the district is awaiting specific standards from its engineers to include in element 7 and a template reporting form for the annual SSO report from the state to include in element 9.  

K. Bender/V. Amoroso        all in favor        to approve the district’s Sewer System Management Plan, subject to the timely inclusion of the engineering standards and the template reporting form. 

15.   Volunteer Committee Reports

-- Alternative Energy:  Bolinas Receives Solar Award.  Director Smith reported that the Northern California Energy Society has granted Bolinas two awards for its solar projects, one for the number of kilowatt hours and a second for the number of kilowatts per capita – we won the award!  Don attended a conference in San Francisco the prior week to accept the awards and he presented the plaques to the Board. 

-- Bolinas Lagoon Technical Advisory Committee:   Nothing to report.

-- Downtown Parking & Traffic Committee:   Nothing to report.

--    Resource Recovery:  Director Siedman said that a revised contract has been negotiated with PG&E to deliver power to the Resource Recovery site, which will be used among other things, to power the irrigation well that is planned as the source water for the Mesa Park fields.  Staff was directed to research the ICT tax item included in the PG&E cost proposal and determine whether it would be worthwhile objecting to it on the grounds that BCPUD as the owner of the property is a public agency.  In addition, Mesa Park is moving forward with its evaluation of the well and a report from the consulting hydrogeologist is expected to be finalized in August.

-- Terrace Avenue/Alternative Access Road Committee:  The Board reviewed e-mails received from the County and from concerned residents concerning the Terrace Avenue water main relocation project.

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball said she attended a West Nile Task Force meeting in June that was uneventful; she noted that minutes from the August 2009 task force meeting are in the Board binders.

16.      Other Business

a.  Board Committee Reports

-- Finance:  Approve Engagement Letter for Doran & Associates – FY 2009-10 Audit. 

K. Bender/D.Smith    all in favor    to approve the engagement letter for Doran & Associates to perform the district’s fiscal year 2009-2010 audit.

Staff also requested Board approval of a memo directing specific transfers between the district’s designated funds and its operating accounts.

B. Kimball/K. Bender     all in favor    to approve the specific transfers between the district’s designated funds and its operating account as set forth in the staff memorandum.
-- Legal:  Nothing to report.

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

-- Operations:  Nothing to report.

-- Park and Recreation:  Nothing further to report.

-- Personnel:  Nothing to report.

-- Sewer:  Nothing to report.

b. Minutes of the June 16, 2010 Regular Meeting

Directors Smith and Kimball offered clarifying corrections to the draft minutes. 

K. Bender/D. Smith        four in favor, Amoroso abstaining        to approve the minutes of the June 16, 2010 regular meeting.

c. Warrants

D. Smith/B. Kimball    all in favor    to approve the warrant list.

d. Scheduling of Next Meeting(s) 

    August 18, 2010 at 7:30 p.m.

17.  Adjournment.

    10:35 p.m.