Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
August 18, 2010     270 Elm Road, Bolinas

1.    Call to Order.

    7:30 p.m.

2.    Roll.

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

3.    Manager’s Report.

-- Update on Terrace Avenue (at Surfer’s Overlook) Water Main Relocation Project.

Staff reported that a special meeting of the Board of Directors was held on August 11, 2010 at the Bolinas Fire Protection District public meeting room for the purpose of informing the community about the planned relocation of the water main on Terrace Avenue at Surfer’s Overlook.  The meeting was very well attended by several dozen residents.  BCPUD staff and the district’s consulting engineers began the meeting with an overall presentation of the proposed project and then opened the meeting to questions and answers.  Director Kimball closely tracked the questions, all of which were answered either by staff or the consulting engineers during the meeting.  Staff is very grateful for the community’s support and understanding of the need for this project, despite the disruption it will pose for residents who access their homes via Terrace Avenue.

Staff and the consulting engineers also met with personnel from the County’s Department of Public Works (“DPW”) at the Civic Center on August 16, 2010 to hammer out the remaining issues concerning the encroachment permit needed for the water main relocation project.  During this meeting, the group discussed details of the project installation and workability; in the end, it was agreed that the project will be installed in 20-foot sections with a maximum of two open sections at a time, and a sufficient number of steel plates to cover open trenches must be next to the trenches on the road at all times to ensure emergency response time is not impaired.  Terrace Avenue will not technically be “closed” but rather “subject to significant traffic delays” on weekdays from 8:00 a.m. – 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. and pedestrian and emergency access will be available at all times.  Terrace will be open and not subject to traffic delays from 12:00 p.m. to 1:00 p.m.  BCPUD staff will be on site at all times to deal with traffic issues and the office will conduct community outreach and education in an effort to urge residents to avoid the project site as much as possible during working hours so that the work can be completed as quickly as possible.  Today the district submitted revised plans and specifications for the project to DPW and expect that the encroachment permit will be issued by the end of the week;  if so, the district hopes to go out to bid for the work the following week if approval is finalized from the California Department of Public Health (“CDPH”).

    The district also is working with the Bolinas Fire Protection District (“BFPD”) and the County in an effort to stabilize the bluff below Terrace Avenue at Surfer’s Overlook.  To that end, the agencies issued a Request for Proposal for geotechnical engineering services on July 30, 2010;  four firms submitted timely responses.  The Bolinas “working group” of BCPUD and BFPD representatives reviewed the proposals, conducted reference checks and requested additional information.  The working group met again to assess next steps and have requested a meeting with DPW to jointly agree on how to move forward.  Item no. 7 on the agenda for this meeting therefore needs to be deferred as the working group is not yet prepared to select the most highly ranked firm. 
     With regard to the Horseshoe Hill Road water main extension project, staff reported that during the meeting at the County to discuss the Terrace Avenue encroachment permit, the district received an early holiday present:  DPW told district staff that the County has received confirmed funding to pave the entirety of Horseshoe Hill Road, probably next spring/summer.  As a result, the district can proceed with a trench installation of this water main (the district previously had decided to install the water main via directional boring to avoid otherwise prohibitive paving costs), and the County will omit its standard paving restoration specifications.  The district’s engineers therefore will submit the specifications for an encroachment permit for this project by the end of the week so that the district can go out to bid as soon as possible. 

    Staff reported that consumption in the district was up slightly in the most recent quarter from the same time last year, but this level of consumption was still much lower than the three most recent years.  Overall, the district’s water supply is in good shape this year and both reservoirs are completely full. 

The CDPH has approved the district’s Stage 2 Disinfection Byproduct Rule monitoring plan;  the approval letter contains one modification to the district’s plan as submitted.  Specifically, the district will be monitoring for TTHMs at the end of Wharf Road (same location as the Stage 1 sampling) rather than the proposed site at the end of Vine Road.  Vine Road had been selected because staff felt this location experiences some of the longest detention time (thought to be a factor in TTHM formation), but the pilot samples taken during the preceding year showed remarkably low TTHM levels. 

A meeting has been set for the end of the week between directors Bobbi Kimball and Don Smith with Brian Crawford, director of the County’s Community Development Agency and Rebecca Ng, director of the Environmental Health Services department, to discuss the County’s implementation of the new statewide greywater rules. 

    On the wastewater side of operations, the district timely certified completion of its Sewer System Management Plan on August 2, 2010.  Also, the district submitted annual Sanitary Sewer Overflow (“SSO”) reports for 2008 and 2009 to the Regional Water Quality Control Board prior to the requested deadline.  Pending projects for the sewer system include the upgrade of the spray field electrical control panels, as recommended by ACWA/JPIA. 

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

-- Approve Request for Proposal for a Hydrologic and Hydraulic Analysis of the Bolinas
 Mesa and the Design and Engineering of Stormwater Network Improvement Projects.

Staff requested to defer this item in light of the uncertain status of the award of grant funds;  there have been multiple meetings and communications in recent weeks between BCPUD staff and staff at the County of Marin and the Point Reyes National Seashore concerning the Proposition 84 grant in light of indications from the state that although the grant funding has been delayed nearly two years, the state does not intend to give grantees any additional time to complete their projects – rather, the original grant deadlines will apply.  This is highly problematic for the BCPUD because the district’s portion of the project (i.e., the hydrologic study of the Bolinas Mesa and the installation of low impact development stormwater treatment facilities) is a four-year project that will be very difficult to complete in two years.  The state originally indicated that it would grant extensions of time, but then backtracked and said the original grant deadlines will govern.  Then, early today, word came in from the state via the County of Marin that extensions are likely (no doubt as a result of the strong objections voiced by numerous grantees to the lack of an extension of time), but not before the grant documentation needs to be signed.  As such, grantees will need to request extensions of time after the grant agreement as been signed.  Staff expressed concern about the state’s unwillingness to put this in writing.

As noted, the lack of an extension is very significant in terms of the time needed to do the BCPUD projects, but also because the proposed match from the BCPUD was budgeted over 4 years, not 2 years.  Staff notified the state that if the BCPUD match cannot be reduced, then BCPUD will have to drop out of the grant;  the state subsequently approved a match reduction for the BCPUD down to $55,000.  Accordingly, the district can budget the reduced match funds over two years from the septic/drainage budget.  Budgeting will remain challenging, however, because the state will allow only quarterly invoicing and, since this is a reimbursement grant, the BCPUD will be forced to “carry” 3 months of costs while awaiting reimbursement.

Discussion ensued about the staging of each phase of the planned work, the time needed to complete the hydrologic study, the importance of that work to the district’s overall drainage efforts, the expertise needed for bioswale design and construction, the multiple benefits to the community to be achieved with nearly $600,000 in grant funding, and so forth.  The Board and staff discussed running the study and the design/construction concurrently and/or dropping the study from the effort entirely.  Don Smith expressed strong reluctance to drop the study as it will provide very valuable information on drainage from which the district will benefit for many years.  Staff noted that the district’s partners (County of Marin and Point Reyes National Seashore) very much want the district’s participation in this grant and have promised their assistance to the district.  Staff met early in the day with staff from the PRNS and developed a revised scope of work and timeline based on a March 31, 2013 deadline, which essentially means the two phases of the BCPUD projects will run concurrently.  After further discussion, the Board expressed support for this approach, particularly in light of the reduced match commitment.

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

The district issued an addendum to its bid documents following the August 3, 2010 site visit to extend the deadline by which bids are due to September 10, 2010.

-- Drainage Project Manager’s Report.

    Nothing further to report (the Drainage Project Manager has been very involved in the Proposition 84 grant work described above).

4.   Community Expression.

Director Kimball provided a data table and a graph to the Board documenting rainfall amounts in Bolinas dating back to 1952;  she has asked staff to update the table and graph monthly as rainfall data becomes available.  All of the directors expressed their thanks for director Kimball’s meticulous work.  Director Smith said it is reassuring from a climate change perspective that there is no observable real trend up or down over the last 50 years in terms of the amount of rainfall received in Bolinas.  Director Bender requested that staff post the table and graph on the district’s website. 

5.   Petition to Vacate Public Right-of-Way – Osterweis, Pine Gulch Creek Road    .

    Staff reported that John Osterweis very much would like to address the Board and respond to questions from the public about his petition to vacate a public right-of-way in Paradise Valley.  Unfortunately, he is out of town and also will not be available for the September meeting.  He therefore requests that the Board defer this item to the October meeting.  Mr. Osterweis meanwhile is endeavoring to meet with other residents of Paradise Valley to better explain the petition and answer questions.  His representative confirmed that Mr. Osterweis guarantees that nothing further will happen with regard to the petition until after the October Board meeting and until after Mr. Osterweis meets with nearby residents.  Their was no objection to deferring this item until the October regular meeting of the Board.

6.   Marin County Hazardous and Solid Waste Management Joint Powers Authority Zero Waste Program.
Staff reported that Steve McCaffrey from Redwood Empire Disposal had called to inquire whether the district had been contacted by the County about pending developments in the Zero Waste Program that could impact garbage rates.  At the time, staff had heard nothing.  Last week, Eric Luder with DPW called to follow-up on a letter about the Zero Waste Program that had been mailed on May 24, 2010;  staff checked the district records and could not locate this letter, so it seems that the district did not receive it.  Mr. Luder re-sent a copy and the letter indicates that the County is planning to fund a consultant to develop a “zero waste tool kit” and assist local agencies in implementing the Zero Waste program, as well as fund certain public advertising and outreach, and a contractor to act as coordinator.  The letter indicates that these efforts will be funded by franchise and tipping fees.  Director Siedman confirmed that such costs might be passed on to the district.  Staff had agendized this item in the event County representatives were able to attend to further explain this program;  unfortunately, it was not possible for a County representative to attend so this item can be deferred pending further information.

Director Kimball stated that she had intended at the outset of the meeting to ask that an urgent item be added to the agenda – namely, an action item for the Board to approve a letter of support for the appointment of a specific candidate as the West Marin representative to the Marin/Sonoma Mosquito & Vector Control Board.  Director Amoroso said he supports the item as an urgent item because the district just learned of the pending appointment and it will be too late to submit a letter of support by the September meeting.  Director Siedman said the item could be added to the agenda under the volunteer committee reports.

V. Amoroso/D. Smith    all in favor    to add an urgent item to the Board agenda to consider a letter of support for the appointment of a specific candidate as the West Marin representative to the Marin/Sonoma Mosquito & Vector Control District Board.

7.   Review Responses to Request for Proposal for Geotechnical Engineering Services re: Terrace Avenue at Surfer’s Overlook and Select Firm.

This matter was deferred for reasons discussed during the Manager’s Report.  Staff inquired whether the Board would be willing to consider increasing the amount of the district’s contribution to the geotechnical engineering study if necessary.  After a brief discussion, the Board members indicated a willingness to discuss an increased contribution if the County would agree to increase its match by the same amount.

8.   Resolution 592:  Cites Board of Directors’ Choices for Determining Fiscal Year 2010-11    Appropriations Limits.

K. Bender/B. Kimball        all in favor    to approve Resolution 592.

9.     Resolution 593:  States District’s Appropriation Limits for Fiscal Year 2010-11.

K. Bender/V. Amoroso        all in favor    to approve Resolution 593, with the appropriations limit calculated in accordance with Resolution 592.

10.   Volunteer Committee Reports

-- Alternative Energy:  Director Smith said he has determined that the district may lose as much as 7.5% of the production from the solar arrays at the water treatment plant as a result of dirt collecting on the arrays during the non-rainy season.  The BFPD has offered to wash off the panels on the district’s behalf and director Smith recommends that the district try this approach rather than hire an outside cleaner. 

Cela O’Connor asked the Board for permission to raise a community expression item pertaining to the Local Coastal Plan update process;  she said she intended to arrive at the meeting prior to the community expression item, but was late.  Cela said that the County does not have the correct community map for Bolinas in the Local Coastal Plan update draft and she would like the Board to address this issue.  Director Siedman asked Cela to submit any information she has about the item to BCPUD staff and the Board will include an item on the September agenda to discuss the matter.

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

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

-- Resource Recovery:  County Initial Study/Mitigated Negative Declaration:  Staff reported that Resource Recovery Committee member Jeff Creque is assessing the County’s Initial Study and proposed Mitigated Negative Declaration for the Resource Recovery Center and will submit a written response.
-- Terrace Avenue/Alternative Access Road Committee:  Director Smith commented that the committee’s purpose seems to have been superseded by the Bolinas working group and suggested that the committee be disbanded.  Director Kimball noted that the BFPD has an item on its next agenda to address emergency access during the water main relocation project and discuss alternative access, so perhaps there may still be a purpose for the committee. 

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported the West Nile Virus Task Force met on Monday, August 16th.  The number of incidents of West Nile virus is very low:  85 human cases nationally at this point in the year, 12 human cases are in California (no deaths), and no cases in Marin.  The next meeting of the task force will be in June 2011. 

10a.    Appointment of West Marin Representative to the Marin/Sonoma Mosquito & Vector Control District.

Director Kimball said that West Marin representative Fred Smith’s seat on the Board of Directors of the Marin/Sonoma Mosquito & Vector Control District is up;  this is a designated West Marin seat, not an at-large seat.  The applicants for the seat are Margaret Graham, Eden Clearbrook, Stacey Henderson, and Nancy Niche.  Director Kimball said she reviewed the qualifications of all applicants and recommends that the BCPUD endorse Margaret Graham for the position.  Ms. Graham is the owner of Mostly Natives Nursery, has served on the Tomales Village Community Services District for eight years, and is the Tomales representative to the West Marin Mosquito Control Coordinating Council.  She has attended meetings with the Marin/Sonoma Mosquito & Vector Control District staff for years and she is very articulate and knowledgeable about the District.  Director Amoroso agreed and said that Bolinas needs someone on the district board who shares the viewpoints of the community and who will be effective;  he said the Margaret Graham meets both criteria and he moved that the Board support her appointment.  Director Kimball requested that the Board direct staff to write a letter to Supervisor Kinsey stating its support of Margaret Graham’s appointment. 

V. Amoroso/K. Bender        all in favor        to support the appointment of Margaret Graham as the West Marin representative to the Marin/Sonoma Mosquito & Vector Control Board.

On a separate topic, director Kimball said she has prepared a schedule, task list and items needed for the planting of the median strip between the bike path and Olema-Bolinas Road.  She said that if there is no objection from the Board, she would like to present it to the County and initiate a discussion on the topic.  Director Amoroso inquired about on-going maintenance of the plants once installed and director Kimball responded that most of the plants recommended by local landscape professionals will not require much, if any, on-going maintenance once established. 

11.      Other Business

a.  Board Committee Reports

-- Finance:  Nothing to report.

-- Legal:  Nothing to report.

-- Mesa Septic, Flood Control and Roads:  Director Amoroso requested that a report be prepared summarizing the pilot program to improve neighborhood access roads on the Bolinas Mesa.  Director Smith said he is hoping for a source of ground asphalt;  staff said the district has requested that DPW donate the grindings from the Horseshoe Hill Road repaving project.  Director Smith said he is willing to assess the roads after the winter rains and identify potholes to be filled;  he believes that one spring treatment should be adequate and then the community response can be assessed (including whether there is interest for continuation of the pilot program).  Director Kimball commented that the first report therefore should be forthcoming in Fall 2011.

-- Operations:  Nothing to report.
-- Park and Recreation:  Director Siedman reported that the Board of Directors of Mesa Park has approved the 2010 Toxic Away Day for October 16th, on the condition that Mesa Park may reserve the final appointment of the day.  Director Bender suggested that the BCPUD assist with community outreach to get the word out locally about the upcoming date.  Director Siedman further reported that an electrical service is scheduled to be installed at the Resource Recovery Center and that Mike Aitken is hoping to locate a water tank at the top of the hill above the site;  district staff has requested a site plan and specific information about the planned installation.  Mesa Park commissioners Charles Whitefield and Brian Lee have agreed to prepare the requested information.  In response to a question from director Amoroso as to who will pay the monthly electrical bill, director Siedman said it will be largely a Mesa Park expense (for operation of the irrigation well), shared appropriately by the Resource Recovery Center.  Director Siedman further reported that three candidates filed for the three open seats on the Mesa Park Board – Jane Mickelson, Andy Blake and Charles Whitefield – so there will be no election necessary.  Finally, director Siedman said that Mesa Park has received a report from its consulting hydrologist about its irrigation well and plans to share it with neighboring well owners, along with the other information to be submitted to the state in connection with Mesa Park’s request to amend its grant from the California Department of Parks & Recreation.  

-- Personnel:  Nothing to report.

-- Sewer:  Nothing to report.

b. Minutes of the July 21, 2010 Regular Meeting; Minutes of the August 11, 2010 Special Meeting

D. Smith/V. Amoroso    four in favor/B. Kimball abstains        to approve the minutes of the July 21, 2010 regular meeting of the BCPUD Board of Directors.

Approval of the minutes of the August 11, 2010 special meeting of the Board of Directors was deferred to the September meeting.

c. Warrants

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

d. Scheduling of Next Meeting(s) 

    September 15, 2010 at 7:30 p.m.

12.  Adjournment.
    9:33 p.m.