Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
August 20, 2008     270 Elm Road, Bolinas

1.    Call to Order

    7:31 p.m.

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

3.    Manager’s Report

Staff reported that the despite the district’s issuance of a conservation notice to all customers and residents last month, the most recent billing data indicates significantly higher consumption in this most recent billing period (May, June, July 2008) than the same period last year.  More specifically, the same customers this year consumed 123,900 cubic feet, or 926,772 gallons more in this time period in 2008 than they did during the same time period in 2007.  A spot check of accounts suggests that the increase in consumption is due primarily to landscape irrigation.  Fortunately, the levels in the storage tanks are holding well as the district heads into Labor Day.

    The installation of the photovoltaic solar arrays at the Woodrat Water Treatment Plant is nearly complete and installation of the arrays at the sewer pond property has begun.  Staff is meeting with contractors about potential fencing configurations and other security measures to protect the arrays.

    Staff directed the Board’s attention to a letter from ACWA/JPIA which followed up on a site visit to the district conducted in July; additional information was included with the letter, including new programs and services offered by ACWA/JPIA.
    Staff noted that the office has received complaints about the deteriorating condition of the gate at the entrance to Brighton Beach; staff is investing options for repair and/or replacement.

    On the wastewater side of operations, the field staff has been engaged in a very extensive effort this summer to further restore sprayfield capacity and perform deferred vegetation management.  Staff commended the hard work of operators Bill Pierce, Lewie Likover, Seth Kline and Scotty Hanks in this regard.  The capacity of the sprayfields has been significantly improved, thereby improving facility operations and reducing mosquito breeding habitat.

    The district has received a quote from the only distributor of Moyno pumps in the Bay Area to repair or replace the defunct pump at the lift station.  Staff emphasized that the pump must be repaired or replaced as soon as possible so that the pumping capacity is restored prior to the onset of the rainy season.  The quote for repairing the pump is $25,981.32 and the quote for replacing the pump is $29,204.62; staff recommended replacement of the pump, to be paid out of the capital budget for the sewer system.  The Board unanimously approved the purchase of the new pump for the lift station.

    The Board reviewed correspondence sent and received since the last meeting, including but not limited to information submitted by Marcella Robinson, General Manager of the Bolinas Community Center (BCC), regarding funds raised in 2007 from downtown businesses for beach clean-up and the projected 2008 budget.  The BCC focus in 2008 is on the bathroom project; the BCC is attempting to raise the awareness of the local community of the fact that maintaining public restrooms for the downtown requires approximately $10,000 per year.  With regard to the downtown beach clean-up, the BCC focus will be on obtaining a dedicated dumpster for the May – October season.  The BCC is in discussions with Redwood Empire Disposal about the dumpster and therefore has no specific request for financial assistance to make of the BCPUD at this time.

    Director Kimball referenced correspondence in the Board’s binders from the Marin Economic Commission (MEC) and said she would like to nominate director Don Smith for the MEC’s Community Service and Leadership award for his hundreds of hours of volunteer time on the community’s various solar arrays on public buildings in Bolinas and on the community bike path.  Jack McClellan seconded the motion.

B. Kimball/J. McClellan    four in favor; one abstention (Smith)    to nominate director Don Smith for the MEC’s annual Community Service and Leadership award.
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of the BCPUD

Staff reported that the plans for the upgrade of the BCPUD office building have been finalized and were reviewed again that morning by Disability Access Coordinator William Campagna and a colleague who happened to be in Bolinas to assess the bike path.  Staff plans to submit the plans to the County later this week.

-- Update on the Full Proposal for Proposition 84 Grant Funds for Projects to Enhance the Duxbury Reef Area of Special Biological Significance(“ASBS”)

The deadline for the submittal of full proposals for Proposition 84 funding is September 10th and staff is working with consultant Rob Gailey to finalize the BCPUD submission.  The BCPUD is participating in a joint grant application with the County of Marin and the National Park Service’s Point Reyes National Seashore whereby: (1) the County will retrofit the Agate Beach parking lot, move the portable bathrooms, and conduct public outreach and education about stormwater best management practices (BMPs); (2) the Point Reyes National Seashore will install rangeland improvement BMPs, including cattle crossings and fencing; and (3) the BCPUD will conduct an assessment of the Bolinas Mesa and stormwater network, create a surface water flow model and then design and implement low impact development (LID) BMPs to manage and treat stormwater and improve water quality at Duxbury Reef..

         -- Drainage Project Manager’s Report

    Drainage Project Manager Lewie Likover reported that he is working on establishing elevations between Birch, Evergreen, Poplar and Mesa Roads and his work will be focused there for the next couple of months.  Lewie spoke with County roads maintenance supervisor Pete Maendle about finishing the ditch on Ocean Parkway at Grove so that it is complete down to Juniper Road; Pete confirmed that the County is willing to do the work the next time they have the appropriate equipment mobilized in Bolinas.  A culvert was installed recently on Queen Road at Cherry; this project was approved by the BCPUD over a year ago – the BCPUD provided the culvert and nearby homeowners paid the installation costs.

4.    Community Expression

Director Amoroso reported that he recently purchased a vehicle from one of the district’s employees.

Cela O’Connor submitted a letter to the Board, which she read at the meeting.  She objected to the County requesting comment from the BCPUD on land use matters within the County planning and building department jurisdiction as a waste of the district’s time and resources.  She recommended that the BCPUD instead request the County’s Board of Supervisors to appoint a Bolinas Planning Commission for this purpose; she would like to see a local commission replace the County Planning Commission for projects located in Bolinas.  After some discussion, the Board referred Cela’s letter to the Bolinas Planning Group volunteer committee. 

5.    Redwood Disposal Company Request for Rate Increase for Bolinas Service Area

Steve McCaffrey was present on behalf of Redwood Disposal Company.  He reminded the Board that his company assumed the franchise agreement with Bolinas from Empire Waste Management effective January 2, 2008.  The company requests an annual rate review under the franchise agreement, which allows an annual rate increase of up to 85% of the Bay Area Consumer Price Index (CPI).  Steve said that Empire Waste Management appears to inadvertently have failed to implement the previously approved rate increase for 2007-08, so Redwood Disposal Company would like to implement that increase as well, for a total estimated rate increase of 5.75% (subject to verification of the August 2008 CPI).  Steve concluded by saying that the new company looks forward to doing business with the district and hopes that the community is happy with its services.

V. Amoroso/B. Kimball:    all in favor    to approve the requested rate increase of 5.75%, subject to confirmation of the August 2008 CPI.

6.    Request for Financial Relief from Quarterly Water Bill due to Unintentional Water Loss (pursuant to BCPUD Resolution 553) – 81 Crescente (Lazarus).

The Board reviewed a written request for financial relief pursuant to Resolution 553 submitted by Wayne Lazarus; no one was present to speak on behalf of the application.  Director McClellan noted that the application does not satisfy the quantity criteria set forth in Resolution 553 and recommended denial of the request on that basis.

J. McClellan/B. Kimball    all in favor    to deny the request for financial relief from quarterly water bill due to unintentional water loss submitted by Wayne Lazarus.

7.    Dwaileebe Coastal Permit (CP-10) and Design Review Clearance (DC 07-26), 421 Ocean Parkway, Bolinas

Director McClellan noted the large number of people present in the audience for this agenda item and requested that comments be focused on any new issues that have occurred since the Board last considered this coastal permit and design review clearance application.  Director Siedman said that the applicant’s letter to the County states that he has amended his original application; he proposes to legalize three structures (in addition to the existing structure) and remove the other five structures that had been built without permits.  The applicant further says that the Stream Conservation Act does not apply to Alder Creek and that a 30 foot setback is applicable.  Finally, he proposes to access the property via Locust Drive (currently an unimproved right-of-way).  Director Siedman inquired whether there is any public comment on the proposed structures, the creekside setback or the applicant’s proposed access and he emphasized that the BCPUD has no jurisdiction to take action on this permit application itself, but rather will merely communicate the comments expressed by the public to the County.

Director Smith said that the Local Coastal Plan for this area prescribes a setback of 100 feet from Alder Creek and this should be conveyed in the BCPUD’s letter.  Cass Hicks said that the BCPUD should correct any misunderstanding as to jurisdiction over the public rights-of-way on the Mesa – the letter should make clear that the BCPUD, not the County, has jurisdiction over Locust Road.  Meg Simonds recommended the letter urge the County planner to review the prior planner’s staff report on this project.  John Bryant said that all of the reasons stated in the prior staff report recommending denial of the applicant’s previous effort to legalize all nine structures on the property remain applicable and should apply to this application, as well.  Director Amoroso inquired whether anyone present was there to speak on behalf of the project; no one responded.  John Norton suggested the letter make clear that there is a large turnout for the agenda item and urged a show of hands for those opposed vs. those supporting the project.  A show of hands indicated 15-20 people present to oppose the project and no one present to support the project.  Director Smith said that the applicant’s proposal for agricultural use of the property is relatively reasonable as written, but the letter should ask the County to take into consideration the actual past use of the property for habitation as well as the applicant’s wife’s recent letter to the local newspapers saying the applicant is simply trying to build a family home in the community.

Director Kimball observed that the applicant has submitted nine letters of support for his application; three of the letters have Bolinas addresses.  She noted that the applicant says he needs a pump shed to house a pump necessary to pump water and she said the letter should request assurance from the County that the applicant is not pumping water from Alder Creek.  She said she agrees a 100 foot setback is applicable to Alder Creek and agrees that the reasons stated in the prior staff report recommending denial of the applicant’s previous effort to legalize all structures on the property are equally applicable here.  Director McClellan said he opposes the project because it is too close to Alder Creek and likely to generate pollutants; he objected to any “design review” assessment as inconsistent with the town’s historic tolerance. 

Chuck Oakander said that one of the letters submitted in favor of the applicant’s proposal describes those opposing Mr. Dwaileebe as a “group of malcontents” that were part of the group at the recent beating near Brighton Beach.  Chuck said he wants everyone to know he is not a part of that incident.  In response to questions from the audience, Fire Chief Anita Tyrrell-Brown confirmed that if the County allows Mr. Dwaileebe to retain 200 or more square feet of structure(s), on aggregate, then the Fire Department will require him to supply fire suppression water (which must be separate from any water being used for agriculture), a hydrant, and fire engine access to the property.  She also confirmed that access would be possible via Alder Road.  Cass Hicks expressed concern that any access via the Locust right-of-way would require an engineered road that would deposit additional sediment in Alder Creek.  Steve Newstedt requested that the letter indicate that if the County approves the application, it will be setting a precedent whereby a property owner can legalize after-the-fact an additional 350% of structure over what was originally permitted, which is a terrible precedent to establish.

8.    Martinelli Coastal Permit (CP 09-5) and Use Permit (UP 09-7); Application for Expanded Water Use Permit, 460 Dogwood Road, Bolinas  (Martinelli)

Chris Martinelli said that he plans to build a detached garage that will not have any plumbing fixtures.  The County is requiring a use permit because the garage will be over the standard square footage and because it’s 17 feet high; he said the back section will be used by his wife as an art studio.  Staff noted that there currently is a conditional expanded water use permit applicable to the property.

J. McClellan/D. Smith    all in favor    to reaffirm the terms of the existing conditional expanded water use permit.

9.    Lahar Coastal Permit (CP 09-4 and DR 09-4), 58 Horseshoe Hill Road, Bolinas,  APN 188-150-44

There was no comment on this agenda item

10.    Application for Expanded Water Use Permit – 45 Cliff Road, Bolinas (Pelsinger)

Dan Pelsinger said that he is remodeling an existing 696 square foot 1 bedroom, 1 bath cabin; he will remodel the kitchen and bath with no expansion of the structure.  He confirmed that he is installing water efficient fixtures and using recycled materials.

J. McClellan/V. Amoroso    all in favor    to approve an unconditional expanded water use permit.

11.    Request to Lease BCPUD Property for Agricultural Use.

Alethea Patton submitted a draft proposal to lease a portion of the BCPUD’s sewer pond property (an area formerly leased by Jimmy Friedrich for agricultural purposes) to raise a small herd of goats.  In response to questions, Alethea said that the area leased is about an acre in size and that the lessees would install all of the necessary facilities (milking shed, fencing, etc.) at their own expense.  After some discussion, the Board directed staff to prepare a lease agreement for consideration and approval at the next monthly meeting.

B. Kimball/J. McClellan    all in favor    to approve the request to lease BCPUD property for agricultural use, subject to the terms and conditions of an appropriate lease agreement.

12.    Approve Progress Payment to Brent Harris Construction re: the BCPUD Pedestrian/Bicycle Path; Discuss Equestrian Use Near Path

Director Smith explained that the district has received a final invoice from Brent Harris Construction for the installation of the pedestrian/bicycle pathway.  Director McClellan expressed extreme dissatisfaction with the condition of the pathway surface: “they wasted material on the flat part where we don’t need it,” he said.  Director Smith emphasized that the surfacing material was installed as per the design approved by the Paths Committee; from the outset, it was clear that only half of the path could be surfaced with the grants funds available, so an effort was made to focus on the prime wet areas.  He said that it is a very difficult route; the route was very difficult to survey, especially given the commitment to reduce the number of trees removed.  Director Smith said that the pathway cost is approximately $10 per linear foot and that should be contrasted with the anticipated cost of the County bike path, which is $200 per linear foot.  Director Smith said that there are two problem issues: (1) the surfacing material, which is not satisfactory, and (2) the switchbacks (of which there are three), which are too steep.  On the other hand, Brent Harris Construction has done a tremendous amount of work for $47,000 and the crew has come back and addressed a number of other issues identified in post-installation inspection.  With regard to the surfacing material, director Smith explained that the contractor had great difficulty compacting the material; also, the surface dirt was extremely powdery subsequent to the removal of numerous tree roots.  As for the materials used (path mix – 7/16th to fines), this was recommended by Stony Point quarry for the project.  He recommended that the district observe how the path performs over the winter rainy season and make adjustments/corrections next year.  With regard to the switchbacks, director Smith said that the corners are too steep – several turns have steepness of 17-over 20 percent and the contract specifies no more than 10%.

Director Siedman asked if director Smith has a recommendation with regard to a progress payment.  Director Smith said he feels the company did the best they could, even though they did not meet some of the specifications of the contract, and he recommended that the district pay up to 90% of the contract price and hold back the final 10% until the County signs off on the encroachment permit and ACWA/JPIA inspects the path.  Discussion ensued during which Board members discussed various different hold back amounts and expressed dissatisfaction with the failure by the contractor to meet the contract specifications. 

B. Kimball/D. Smith    four in favor, one opposed (McClellan)    to pay 85% of the contract price and withhold the remaining 15% until the contractor reinstalls the switchbacks to meet the contract specifications.

Turning to equestrian use of the pathway, members of the audience from the equestrian community were present to explain how the installation of the pathway has impeded the route they have used for decades to ride downtown and/or out of town.  Based on a site visit by the equestrian representatives and director Smith, it was proposed that the district: (1) move the logs that currently are piled near the sprayfields to facilitate horse riding on the south side of the drainage ditch; (2) install a culvert in the drainage ditch near the Mesa/Overlook pathway entrance to facilitate horses crossing to avoid the pathway; and (3) clear more brush from the pathway near the Resource Recovery Center.  Staff was instructed to work with the equestrian representatives and make best efforts to meet their concerns.

13.    Mesa Park:  Request that BCPUD Fill Vacancy on Board due to Resignation of Robert Mowry; Request to Amend Joint Exercise of Powers Agreement to Increase Number of Board Members; Review Dissolution Clause

Staff was instructed to publicly solicit applications to fill the vacancy on the Mesa Park Board occasioned by the resignation of Robert Mowry and to set the deadline for the applications as the next BCPUD Board meeting date. 

Director Siedman explained that the Mesa Park Board would like to increase the number of its members from five to seven as more people are expressing interest in serving.  There was no opposition from the Board, as long as the Bolinas-Stinson Union School District agrees to so amend the joint exercise of powers agreement. 

Director Amoroso said that he would like to review the dissolution clause (paragraph 22).  After some discussion about the intent of the provision, the Board agreed that it likely would better reflect the parties’ intent if the first clause of the first sentence of paragraph 22 was deleted; the provision is otherwise ambiguous as to how a dissolution of the agency may occur. 

Director Siedman said that he would follow-up with regard to both potential amendments. 

14.    Offer of National Park Service to Acquire BCPUD Pine Gulch Creek Property

Director Siedman referred to documentation submitted by the National Park Service in the Board binders whereby the NPS offers to purchase the BCPUD’s Pine Gulch Creek property for its fair market value appraised price of $1,450,000.  Director Siedman said that the land is a 72 acre parcel adjacent to the Point Reyes National Seashore which the BCPUD originally acquired for purposes of facilities development which has since been definitely abandoned.  He noted that a non-profit foundation is contributing the funds to enable the NPS to acquire the property.  Director Amoroso said that he wants a condition of any sale to be that the BCPUD land will not be developed.  Director Kimball noted that the NPS offer letter states that the NPS intends to acquire the property as wilderness.  Director Amoroso said that a provision therefore should be in the contract of sale that the land will be acquired as wilderness.

J. McClellan/B. Kimball    all in favor    to accept the offer of the National Park Service to acquire the BCPUD’s Pine Gulch Creek property for a price of $1,450,000, subject to a condition in the contract of sale that the property will be acquired as wilderness.

15.    Resolution 567:  Cites Board of Directors’ Choices for Determining Fiscal Year 2008-09 Appropriations Limits

J. McClellan/B. Kimball    all in favor    to approve Resolution 567.

16.     Resolution 568:  States District’s Appropriation Limits for Fiscal Year 2008-09

B. Kimball/D. Smith    all in favor    to approve Resolution 568.

17.    Volunteer Committee Reports

-- Alternative Energy:  Solar Project Update:  Director Smith reported that the array at the Woodrat Water Treatment Plant site is largely complete and that the district is investigating security options in light of the recent theft of panels at a nearby farm. 

-- Bolinas Community Plan Review Committee:  David Kimball reported that the August meeting is scheduled for the following Tuesday.  A subgroup of the committee is pulling together a “Victory Garden” pilot program.  The committee also is analyzing a design proposed by committee member Steve Matson for a pedestrian access route from the garage to the new downtown park. 

-- Bolinas Lagoon Technical Advisory Committee:  Director Amoroso reported that there is a meeting of the committee scheduled for September 4th and he would like to submit a letter directly to the committee reiterating that the BCPUD cannot support the Final Recommendations as a “locally preferred” plan because it does not incorporate several key issues of local concern (i.e., opening the Bolinas Channel and investigating via the EIR/EIS process the impact of the Seadrift revetment).  There was no opposition to such a letter.

-- Community Paths Group:  Nothing further to report.

-- Downtown Parking and Traffic:  Nothing further to report.
-- Resource Recovery:  Staff directed the Board’s attention to materials in the binders relating to the Resource Recovery Projects application for certain operating permits with the County of Marin.
-- Terrace Avenue/Alternative Access Road Committee: Director Smith reported on a recent meeting with Bob Beaumont, Craig Parmley, and Ernest Klock from the County’s Department of Public Works.  The committee is attempting to persuade the County that the seawall at the base of Surfer’s Overlook (which the County installed years ago) is repairable and that a repair is urgently needed before the winter.  The County is reluctant to undertake the repairs and would prefer that the local residents and/or the BCPUD do so.  The committee recommends that the BCPUD raise the community’s awareness of the status of Terrace Avenue and the County’s apparent lack of willingness to do anything to repair the seawall; the committee suggests a letter should be sent to all property owners who will be directly affected by an eventual relocation of the BCPUD facilities on Terrace Avenue at Surfer’s Overlook and encourage them to apply pressure on the County to fulfill its responsibilities.  Director Kimball requested that the staff assess and make recommendations for the relocation of the water and sewer mains at this location; she said she also does not feel the County is adequately addressing the issue of emergency access in the event of a failure of Terrace Avenue.  Staff was instructed to prepare a draft letter to property owners and include an item on the September agenda on this topic.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball said that the Council met the prior Monday and has a new member from Nicasio; the Council plans to request statistics from the Marin/Sonoma Mosquito Vector Control District about is use of Agnique.  The Task Force met the prior week and agreed to meet just two times during 2009.  The numbers are exceedingly low this year: there have been no human cases of the virus detected in Sonoma or Marin Counties and just 73 cases in California overall.

18.    Other Business

a.  Board Committee Reports

-- Finance:  Nothing to report.

-- Legal:  Director McClellan requested a closed session of the Board to discuss pending legal matters.  The Board agreed to meet for such a session on the morning of October 8, 2008.

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

-- Operations:  Nothing to report.

-- Park and Recreation: Nothing to report.

 -- Personnel:  Nothing to report.
-- Sewer:    Nothing to report.

b. Minutes of the July 11, 2008 Special Meeting; Minutes of the July 16, 2008 Regular Meeting.

    Director Smith submitted proposed revisions to the minutes of the July 11, 2008 special meeting.

B. Kimball/D. Smith        all in favor    to approve the minutes of the July 11, 2008 special meeting, as amended by director Smith’s revisions.

D. Smith/B. Kimball        all in favor    to approve the minutes of the July 16, 2008 regular meeting.

c.  Warrants

B. Kimball/V. Amoroso    all in favor    to approve the warrants.

d.  Scheduling of Next Meeting(s):  Approve Meeting Date for September (September 10th, 17th or 24th).

    After some discussion, the Board agreed to hold the next meeting on September 10, 2008 due to the anticipated absence of both director Kimball and director Smith on September 17, 2008.
19.  Adjournment

    11:10 p.m.