Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
August 20, 2014    270 Elm Road, Bolinas



1.   Call to Order.


           7:31 p.m.


2.   Roll.


            Directors Amoroso, Comstock, Godino, Siedman and Smith present; director Siedman presiding.


3.   Manager’s Report.


-- Update on the Terrace Avenue Bluff Stabilization Project.


Staff reported that the BCPUD’s Pipeline newsletter is being mailed out to update the community about the status of the bluff stabilization project.  In addition, Hillside Avenue resident Roger Kovach has created a website which is a terrific work-in-progress, but not quite ready to be launched.  At present, the Working Group is trying to locate a community leader to take on leadership of the project and spearhead a vibrant public-private stake holder group.  The Working Group is next scheduled to meet after the Labor Day holiday to discuss project strategy and plan for a town meeting. 


-- Update on the BCPUD Chlorine Disinfection Byproduct Reduction Project.


      The district is close to starting the clarifier rehabilitation project and the coagulation pilot test;  information requested by the district’s regulators at the State Water Resources Control Board (“SWRCB”, formerly California Department of Public Health) has been reviewed and approved.  In addition, the district’s reservoir management consultant, Dr. Alex Horne, is scheduled to come for a field visit on September 4, 2014.  Dr. Horne has prepared a draft report with his assessment of and recommendations for the district’s reservoir which is under review by staff; the report will be revised based on staff input and presented to the Board after the September 4th site visit. 


-- Update on BCPUD’s Five-Year Capital Improvement Plan.


Due to overlapping staff vacations during July and August, the staff is behind schedule on providing the information requested to the district’s engineers to complete their valuations for the Capital Improvement Plan.


Staff reported that water consumption was down considerably on the mid-Mesa as compared to this time last year.  Staff participated in a KWMR radio program earlier in the day concerning the status of the district’s water supply and commended the community’s conservation efforts.  Staff noted that the district requested a 20% reduction in consumption in January (with the imposition of a heightened voluntary conservation alert) and received that (and more):  consumption across the district has held steady at about 120-130 gallons per day per property until July, when consumption increased to about 164 gallons per day per property as the weather stayed dry and summer visitors arrived.  Overall for the year to date, consumption has averaged 133 gallons per day per property.  Staff anticipates that consumption levels will decline after Labor Day and noted the recent foggy weather is very helpful.


Staff directed the Board’s attention to the recent SWRCB emergency water conservation regulations, copies of which are in the meeting binders.  The regulations took effect August 1st and the district sent a letter to all BCPUD customers during the first week of August to alert them to the content of the regulations, which focus on eliminating outdoor water waste.  Staff noted that the regulations require that water suppliers serving 3,000 or fewer connections must require customers to limit outdoor irrigation to no more than two days per week OR implement other “mandatory conservation measures” to achieve a reduction in water consumption by it’s customers comparable to the amount consumed in 2013.  Staff noted that the district’s customers already have achieved the required consumption reduction via voluntary measures and the district’s Dry Year Water Use plan contains a mandatory component of rationing if/when necessary.  After a brief discussion, the Board members agreed with staff’s presentation as to why the district is in compliance. 


Staff reported that Liza Goldblatt called to provide an update about the West Marin Mosquito Control Coordinating Council’s efforts to negotiate an extension of the non-toxic protocol with the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”).  Liza believes it will be helpful to have BCPUD host a community meeting to obtain public input on the topic, especially on the M&VCD’s suggestion of amending the protocol to permit the use of methoprene in septic tanks.  Liza suggested inviting the M&VCD Board and staff to the October BCPUD Board meeting for this purpose;  in addition, Liza would like to appear at the Board’s September meeting to provide an overview of the issues in contention.  Director Siedman directed staff to include an item on the September meeting agenda for Liza to appear and update the Board.


Jack Liebster with the County’s Planning Department is seeking the district’s assistance with recruiting a Bolinas representative to serve on the C-SMART Stakeholder Advisory Committee.  Director Siedman has agreed to serve on the C-SMART Technical Advisory Committee (and director Amoroso will serve as the alternate), but the Stakeholder Advisory Committee has a separate focus to engage the community in the issues posed by projected sea-level rise in Marin.  The Board suggested staff reach out to Ralph Camiccia and/or Burr Heneman to find out if either of them would be willing to serve.


Staff directed the Board’s attention to documentation in the binders confirming that one of the district’s outstanding loans (for a past water system improvement) has been fully repaid.


      On the wastewater side of operations, the district experienced a small spill on the collection system on July 20th.  The spill was caused by a break in the force main just outside of the lift station on Wharf road (under the adjacent sidewalk).  Roger Peacock noticed water running and called it in at about 7:00 p.m.  Staff responded and turned the pumps off within 30 minutes; investigation revealed that a maximum of 1,000 gallons was not contained and may have reached surface water (via the sidewalk and nearby storm drain).  Staff therefore called CalEMA and filed the required electronic reports with the SWRCB; in addition, Rebecca Ng with the County’s Environmental Health Services department called and requested the district sample the surface water at three points and provide the results to the County.  Staff informed the Board that the test results were within acceptable limits.  Staff also posted public notifications at the spill site and in the Hearsay News.  The Operations staff worked with Coast Sanitary (for diversion pumping) and Piazza Construction (for the repair work) and determined that there was a crack in the piping leaving the lift station – the piping at this location and to a point where it turns to run up Wharf Road was an inferior plastic pipe, so the district replaced it in its entirety.  The repair was complete and the system back in full operation by the end of the day on July 22nd.  Staff commended the prompt and professional response by the district’s operations staff, and the representatives from Coast Sanitary and Piazza Construction.


      The district is now in the midst of its annual spray season.  Operations staff met with Point Blue (formerly PRBO) staff earlier this week to review the district’s mowing schedule and Point Blue staff provided valuable guidance on optimal mowing times.  In brief, mowing should take place either before March or after July to minimize any impact on nesting birds. 


Finally, the Board reviewed correspondence sent and received since the last regular Board meeting, including but not limited to letters sent to customers in response to their request for financial relief due to leaks on their property.


-- Drainage Project Manager’s Report.


            Drainage Project Manager Lewie Likover is on vacation. 


4.   Community Expression.




5.   Expanded Water Use Permit Application – 210 Laurel Road, APN# 191-011-35 (A. Patton for  R. Donohugh).


Alethea Patton appeared on behalf of the property owner and explained that she is preparing to submit coastal and building permit applications for the legalization of a second unit in the lower half of the existing house, as well as a 450 square foot guest house.  As such, the property will increase from a two bedroom home to a four bedroom home, to be served by a new septic system.  Staff noted there is an existing expanded water use permit applicable to the property which limits water use to 4,500 cubic feet per quarter.


V. Amoroso/D. Smith                all in favor         to continue the terms of the existing expanded water use permit.


6.         Request to Install Donation Box at Brighton Beach Entrance (east side of street) and Relocate Existing Signage (to west side of street) (Bolinas Community Center).


      This item was deferred to a future meeting of the Board.


7.   Relocation and Improvement of Trash and Recycle Bins on BCPUD Property at Entrance to Brighton Beach – Presentation of Final Design (J. Aroyan).


Janine Aroyan presented three alternative designs for the trash and recycle bins at the entrance to Brighton Beach.  Each of the designs accommodates a different total number of bins and provides an asethic improvement over the existing facility.  The goal is to have more bins at this location for beach visitor trash and recycling and to enhance the entrance to the beach and nearby homes.  Janine emphasized that input will be sought from the neighbors and that a final design is not yet ready for the Board’s approval.  Discussion ensued among Board members about the alternative designs, how to raise money for the project, how to pay for more frequent trash/recycle pick-ups and so forth.  Director Amoroso noted that these are really decisions for the Bolinas Community Center (“BCC”) and how it would like to operate its downtown clean-up effort.  The other Board members agreed that they would defer to the design ultimately selected by the BCC and approved by the neighbors.  The Board directed staff to notify neighbors and agendize this item for approval when the final design has been identified.


8.   Enforcement of BCPUD Ordinance 30 Governing Use of the Gridded Public Right-of-Way Network on the Mesa;  Request for Extension of Time to Relocate Obstructions from the Zebra Right-of-Way (M. Magid).


Director Siedman stated that there is a letter in the Board binders from Martino Magid detailing his efforts to date and requesting a six-month extension of time to complete his removal of the obstructions in the Zebra right-of-way.


Sue Verhalen, the property owner seeking to use the Zebra right-of-way to access her home, has been in discussions with County Code Enforcement and said she is very frustrated as that office has agreed to provide a four month extension of time for Mr. Magid to address the code violations on his property.  She said that nothing has changed in the Zebra right-of-way despite many BCPUD staff hours of meeting with Mr. Magid and others at the property to secure voluntary compliance.  She said that it isn’t clear that County Code Enforcement will address the obstructions in the right-of-way and again expressed her frustration with the process.


John McCrea said that Mr. Magid was at the site today and he was clearing a 2-foot swath in the Zebra right-of-way adjacent to the McCrea’s fence.  John said he would prefer that the access road to Ms. Verhalen’s property not be installed directly adjacent to his fence if it is possible to locate it further to the east, as he is concerned the fence could be undermined.  However, he believes Mr. Magid is trying to avoid moving the studio (which is also in the public right-of-way) and that Mr. Juniper (who built the structure and installed many of the obstructions) has lost all interest. 


            The Board and staff then discussed the possibility of having the BCPUD remove the obstructions and billing Mr. Magid for the work.  Director Siedman noted that if Mr. Magid does not then pay the BCPUD, the BCPUD can record a lien against his property.  All Board members expressed a lack of further patience for this work to be completed and their support for the removal of the obstructions as soon as possible.


V. Amoroso/D. Smith    all in favor        directing staff to confer with legal counsel concerning any required notification/timing requirements, then to write a letter to Mr. Magid providing him with a deadline by which the obstructions must be removed to the BCPUD’s satisfaction, or the BCPUD will do it and bill him for the work, which may result in a lien against his property.


On a somewhat related topic, director Smith said that he would like the district to try and reach an agreement with the Sheriff’s Office to establish a system whereby the BCPUD first will attempt to resolve complaints about people living in their cars parked on non-County public roads in Bolinas.  He noted that such people typically are living in marginal circumstances and interactions with law enforcement can be very stressful for them.  He said the BCPUD can refer any cases not resolved locally to the Sheriff’s Office and questioned why the Sheriff’s Office is so quick to act on vehicle habitation complaints, but not obstructions.  Director Siedman noted that the state vehicle code provides authority for the deputies to cite vehicles parked on public roads, which is distinct from the BCPUD’s ordinance on right-of-way obstructions, which is not in a state code.


9.   Expanded Water Use Permit Application – 100 Mesa Road, APN ## 193-020-45, 47 & 59 (B. Lee for Mesa Park).


The Board previously approved Mesa Park’s application to transfer its water and sewer connection from the downtown park, but deferred determination of the amount of water to allow pending an application by Mesa Park for an expanded water use permit.  Director Amoroso noted that BCPUD Resolution 627 is applicable because of the lack of recent historic use of the meter and recommended that the Board approve a conditional expanded water use permit of not more than 50% more than the community average water use, or 500 cubic feet per month, whichever is less.


V. Amororo/L. Comstock          all in favor         to approve a conditional expanded water use permit with a maximum quarterly amount equal to the community average usage plus 50% of such usage, or plus 500 cubic feet per month, whichever is less.


10. Resolution 631:  Approving Form of Contract Documents for the Mesa Park Ballfield Irrigation and Public Restroom Project and Awarding a Contract for the Project to the Lowest Responsible Qualified Bidder, Subject to Certain Conditions.


Staff reported that two bids were received for this project and the lowest responsible qualified bidder was Bauman Landscape and Construction at $375,000.  Staff recommended the district/Mesa Park apply for an 80% advance of the grant funds in order to timely pay the contractor per the proposed installation schedule; the state will withhold the final 20% of grant funds until it conducts its inspection of the project.  After a brief discussion, the Board directed staff to add a condition to Resolution 631 that the award of contract is subject to staff’s approval of a payment schedule consistent with the state’s grant requirements.


D. Smith/L. Comstock               all in favor         to approve Resolution 631, as revised.


11. BCPUD Response to Marin County Civil Grand Jury Report : The Scoop on Marin County Sewer Systems.


Staff presented a proposed response of the district to the Marin County Civil Grand Jury report which responds to the findings and recommendations therein.  Discussion ensued about the specific responses and director Amoroso suggested the district add a sentence to clarify that the collection system was functionally replaced in the 1990’s via the slipline project, so even though the original collection mains are much older, the system has been almost completely rehabilitated.  There were no comments from the public.


L. Comstock/D. Smith               all in favor         to approve the district’s response to the Marin County Civil Grand Jury Report:  The Scoop on Marin County Sewer Systems.


12. BCPUD Sewer System Management Plan - 2014 Audit; Amendments to BCPUD’s Sewer System Management Plan.


Staff presented the results of an audit of the district’s Sewer System Management Plan, which is required every two years per state regulations.  All of the proposed amendments to the plan are highlighted in yellow.  In particular, staff noted that the sewer system overflow section of the plan has been significantly revised in light of a new SWRCB executive order which revised sewer spill categories and updated reporting requirements.


V. Amosoro/G. Godino              all in favor         to approve the 2014 audit of the district’s Sewer System Management Plan.


Directors Smith and Godino offered comments on the proposed amendments to the Sewer System Management Plan.


L. Comstock/D. Smith               all in favor         to approve the proposed amendments to the Sewer System Management Plan, as revised.


13.       Resolution 632: Cites Board of Directors’ Choices for Determining Fiscal Year 2014-15 Appropriations Limits.


D. Smith/G. Godino       all in favor         to approve Resolution 632.


14. Resolution 633:  States District’s Appropriation Limits for Fiscal Year 2014-15.


L. Comstock/D. Smith               all in favor         to approve Resolution 633.


15. Water Supply Update.


Nothing further to report.


16.  Volunteer Committee Reports.


-- Bolinas Lagoon Advisory Committee:  Nothing to report.


-- Downtown Parking & Traffic Committee:  Director Amoroso stated that Michael Rafferty does not want to lead the effort to deal with the downtown parking problem; without a leader, director Amoroso said he doubts the problem effectively can be addressed.


-- Resource Recovery:  Nothing to report.


-- Water Conservation Assistance Committee:  Nothing to report.


-- West Marin Mosquito Control Coordinating Council:  Nothing further to report.


-- Land Stewardship Committee:  Director Siedman reported that the committee has its next meeting scheduled for September 12th; it has developed some good maps and is making progress on developing a recommended policy for the stewardship of BCPUD lands.  Director Amoroso noted that there is strong interest in the use and development of paths on the property; as such, the district should be encouraging the use of the path that was installed several years ago for pedestrians/bicycles.  He said that some on the committee are advocating the development of a path from Overlook Road and then down to the back of Resource Recovery, but he noted that would present safety and erosion control challenges. 


17.          Other Business.


a.  Board Committee Reports


-- Finance:  Staff reported that work is proceeding with the district’s bookkeeper and outside CPA to prepare for the FY 2013-14 audit, and the field work for the audit is scheduled for September 18, 2014.


-- Legal:  Staff requested a meeting of the committee to prepare for negotiations with North Bay Corporation concerning a new franchise agreement.


-- Mesa Septic, Flood Control and Roads:  Nothing 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 July 16, 2014 Regular Meeting; Minutes of the August 12, 2014 Special Meeting.


D. Smith/L. Comstock          all in favor         to approve the minutes of the July 16, 2014 regular meeting of the Board.


L. Comstock/D. Smith          all in favor         to approve the minutes of the August 12, 2014 special meeting of the Board.


c. Warrants


D. Smith/L. Comstock          all in favor         to approve the warrant list.


d. Scheduling of Next Meeting(s) 


September 17, 2014 at 7:30 p.m.


18.  Adjournment.


10:37 p.m.