Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
September 15, 2010     270 Elm Road, Bolinas

1.    Call to Order.

    7:32 p.m.

2.    Roll.

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

3.    Manager’s Report.

-- Update on Terrace Avenue (at Surfer’s Overlook) Water Main Relocation Project.
Staff reported that the County’s Department of Public Works (“DPW”) issued the encroachment permit for the Terrace Avenue Water Main Relocation Project on September 9th.  The fee for the permit is staggering – nearly $15,000 – evidently determined based on specific percentages of the engineer’s estimate for the project.  The engineer’s estimate for the work is $246,860, and the County charges a fee of two percent for plan review and a fee of four percent for anticipated inspections.  Staff said that the district faces a difficult question of timing at this point – the community is prepared for the project to take place this Fall, but with the encroachment permit only just issued and with a minimum 30-day bid period required by the state for this project, the earliest the project would begin is November.  Staff is concerned about a start date so close to the onset of the rainy season.  In addition, and potentially more problematic, is the fact that the state cannot approve the loan funding for the project due to the on-going budget debacle in Sacramento (i.e., until a budget is approved, state representatives cannot approve new loans).  Without the funding secured for the project, staff is reluctant to proceed with the bid process;  the district’s engineers have confirmed with the state that the district will have three years to complete the project once the loan funding is approved.  Staff requested that the Board determine whether the district should officially defer the work until next Spring, or go out to bid now on the assumption that the loan funding will be approved in time. 

K. Bender/D. Smith        all in favor    to defer the Terrace Avenue Water Main Relocation Project until after the Safe Drinking Water State Revolving Fund loan is secured and weather conditions are favorable.

    The Board briefly discussed the advisability of proceeding with the relocation of the water main in light of the efforts being put into the geotechnical evaluation of the bluff and possible stabilization project there.  Director Smith noted that the geotechnical engineers seem to be advising that it will not be necessary to move the water line if the bluff is stabilized.   Director Bender expressed concern about that view;  director Kimball stated that any decision to proceed is premature until the funding comes in for the relocation project and/or the geotechnical evaluation of the bluff is complete.  The Board further discussed the lack of action by the County on the section of the road collapse of Terrace at Overlook and speculated that the County is likely trying to decide which section of the road to focus on for a repair (i.e., Surfer’s Overlook or Terrace at Overlook), which will depend on the geotechnical evaluation of the bluff. 

Staff reported that the DPW traffic engineer has responded to the district’s request of several months ago to Supervisor Kinsey for an extended “no parking” zone on the north side of Terrace Avenue and has requested a letter of support for his proposal.  Fire Chief Anita Tyrrell-Brown is supportive of this effort, which seeks to eliminate illegal parking outside of the small zone across from Surfer’s Overlook.  Anita plans to meet with the traffic engineer to confirm that the proposed no-parking zone will be implemented as requested and will not pose a parking problem for local residents.

-- Update on Horseshoe Hill Water Main Extension Project.  Staff reported that the district is waiting for the County DPW office to issue the encroachment permit for this project before putting it out to bid;  the permit application was submitted last month and bid documents are ready to be published as soon as the permit is issued.  The district still hopes to install this project in October of this year.

Staff reported that water consumption in the district crept up slightly in the most recent quarter from the same time last year, but that consumption remains substantially below levels in prior years.  The most recent consumption data indicates a certain relaxation of the extreme conservation efforts made by the community during 2009, but consumption remains at historic lows and the district’s raw water supply at this point in the year looks very good. 

Staff directed the Board’s attention to an “Intent to Cite” letter from the California Department of Public Health (“CDPH”) concerning the district’s lead and copper monitoring.  CDPH is asserting that the monitoring was invalid because it was done in the wrong season;  however, the CDPH acknowledges that the district was not previously informed as to the season requirements.  Accordingly, CDPH is requiring that the district collect samples now and submit them by the end of October, which the district will do. 

Staff also updated the Board about a letter from staff to CDPH requesting approval to install an undersized (2-inch) pipe on upper Hillside.  The purpose of this new line is to serve certain homes that currently are served off of the Terrace Avenue water line, but whose meters will need to moved in connection with the Terrace Avenue water main relocation project, as well as two customers currently served off of Hillside. Given the small number of customers to be served, the district proposes a 2-inch pipe, rather than the standard 4-inch pipe. 

Staff reported that director Kimball is leading an effort to plant the median strip between the County bike path and Olema-Bolinas Road.  To that end, director Kimball has prepared a proposed schedule and allocation of tasks, which includes significant volunteer community effort.  Chief Assistant Director Bob Beaumont is the district’s contact for the project and he has indicated that the County’s Open Space and Parks District likely will need to be involved because that district is responsible for path maintenance and nearby vegetation.  Bob is on vacation so continued work on the project is on hold until his return;  in the meantime, director Kimball is meeting with property owners adjacent to the bike path and the school district to enlist their support.  Director Kimball added that she has discussed the project with DPW Roads Supervisor Craig Parmley and they currently plan to meet on site in Bolinas during the week of September 27th to discuss the project. 

Staff updated the Board on other pending matters, including a problematic leak on the district’s distribution system off of the water main on Yucca Road.  The leak was first noticed by Kent Khitkian, who lives in the area and who reported it to the district.  Staff has determined that the location of the leak is somewhere on the water line in the Zebra Road right-of-way;  unfortunately, significant encroachments in this right-of-way are hampering the district’s efforts to locate the leak and effectuate a repair.  In the meantime, the water line is shut off; it serves only one customer and that customer is not currently using the house. 

Staff reported that the district finally has received an updated lease for the Bolinas Beach groin; a copy of the fully executed lease is in the Board’s binders

Staff represented a proposal from IKON Office Solutions to replace the district’s copier, which appears to be at the end of its useful life and has needed repeated repairs in recent months.  IKON has presented a proposal for either a lease or purchase of a new copier, and provided choices of either a color copier or a black and white copier.  Director Smith said he favors the purchase of a color copier as that seems to be the best deal.

D. Smith/B. Kimball    all in favor    to authorize staff to purchase a new office copier and to make the decision as to whether to lease or buy a color or black & white copier. 

On the wastewater side of operations, staff reported on a meeting with an electrical engineer recommended by the district’s regular outside engineering firm to design new control panels for the district’s irrigation pumps and aerators at the sewer pond site.

Staff further reported that on Monday, September 13th, the district received a “cease and desist” letter from an attorney for Ashley and Tobin Whamond.  Attached to the letter is a report.  Both the letter and report allege that operations at the BCPUD wastewater treatment facility are in violation of the district’s waste discharge requirement permit and are resulting in contaminated surface water discharges to the Whamond property.  On September 14th, the district board met in closed session with legal counsel.  At the conclusion of closed session, the district reported that the general manager has been instructed to draft letters to the Whamonds’ attorney and the Regional Water Quality Control Board.  The letters will explain that the district will be promptly retaining professional consultants to review the report and provide feedback to the district so that an appropriate response may be determined. 

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

-- Approve Memorandum of Understanding between the County of Marin, Point Reyes National Seashore and BCPUD Regarding Implementation of Water Quality Improvement Projects in the Duxbury Reef Area of Special Biological Significance; Review Grant Agreement between the State Water Resources Control Board and the County of Marin

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

Staff reported that the district does not yet have a Grant Agreement or Memorandum of Understanding (“MOU”) for review and/or approval.  Evidently there has been a delay with the finalization of the grant agreement because attorneys in the County Counsel’s office have requested changes to the document;  the County Counsel’s office also is still working on the MOU.  The state continues to indicate that an extension of time will be approved to complete the Prop. 84 projects;  the latest indication is that a three-year extension will be approved.  At this point, staff feels an extension is critical and that the district should wait to issue a request for proposal for a hydrologic analysis of the Bolinas Mesa.

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

-- Award of Contract to Lowest Responsible Qualified Bidder

    Staff reported that bids for the ADA improvements to the BCPUD office building were due on September 10th at noon;  unfortunately, no bids were submitted.  Staff intends to investigate why the contractors who attended the pre-bid conference did not submit bids for the work.  Staff believes that the district likely will re-bid the project after the holidays, assuming that there are no reasons to re-evaluate the project on the basis of comments from the local contractors.  For example, a better approach may be to bid out the concrete work and the interior remodel work separately.

-- Drainage Project Manager’s Report.

Drainage Project Manager Lewie Likover submitted a monthly drainage report.

4.    Community Expression.

Jennie Pfeifer inquired whether the Board planned to review the Osterweis petition to vacate a portion of public right-of-way on his property.  Director Amoroso explained that the Board plans to do so at its October meeting.

5.    Request for Financial Relief from Quarterly Water Bill pursuant to BCPUD Resolution 553 – 370 Cedar Road (Krieger).

Director Amoroso noted that the applicant has withdrawn his request for financial relief;  director Smith noted that the applicant did seek consideration despite the fact that he is not eligible per the terms of Resolution 553.  Director Kimball recommended that the Board take this item up later on the agenda because the applicant is not present and a number of people are present for other matters on the agenda. 

K. Bender/B. Kimball     all in favor    to move to this item to #10 on the agenda.

6.    Application to Drill a Non-Potable Water Well at 175 Poplar Road (Freedomhowler).

Director Smith stated that the applicant is seeking to install an irrigation well on a 100 x 100 foot lot; he observed that the cover letter dated August 20th from the County’s Environmental Health Services (“EHS”) department indicates that the application is incomplete but will be denied even if completed because the applicant is not able to meet the setbacks required under the EHS policy applicable to wells on the Bolinas Mesa. 

B. Kimball/D. Smith    all in favor    to send a short communication to EHS staff member Scott Callow supporting EHS’ conclusion that the applicant is not able to meet the required setbacks for a well on the Bolinas Mesa. 

7.    Local Coastal Plan (“LCP”) Update:  Definition/Delineation of Community Boundaries in the Bolinas Area (C. O’Connor).

Cela reported that she attended the July 29, 2010 meeting on the LCP update process and that she has a concern about the proposed Bolinas village boundaries as described in the draft LCP.  Cela believes that the village boundary definition for Bolinas should be consistent with the definition in the Bolinas Community Plan adopted in 1975.  Cela said that in the current draft of the updated LCP, the properties west of Horseshoe Hill Road are left out, as are certain properties off of Pine Gulch Road, as is Commonweal. Cela said a repeated difficulty with the LCP Update process is that the County is trying to fit the LCP into the new Countywide Plan.  Cela feels it is important for Bolinas to retain as much jurisdiction as possible because the Bolinas Community Plan protections are much better than those elsewhere in Marin. 

B.  Kimball/K. Bender        all in favor    to draft a letter to the Planning Commission to request that the updated LCP reflect the Bolinas community boundaries described in the Bolinas Community Plan (and original LCP) for review by the Board at the next regularly scheduled meeting. 

8.   Approve Request from Mesa Park and the Resource Recovery Project to Locate a Water Storage Tank on BCPUD Lands.

Charles Whitefield explained that Mesa Park would like to install a water tank on the district’s sewer pond property above the Resource Recovery Center so that water from the irrigation well can be pumped to the tank, and then back down to Resource Recovery (under pressure) as well as over to Mesa Park – this work is in anticipation of Mesa Park’s grant amendment request to the California Department of Parks and Recreation to change the source water for the ballfield irrigation project from reclaimed wastewater to water from the irrigation well.  Charles said that the tank will be placed on a pea-gravel bed, which complies with County requirements (it is permissible to install a tank either on a pea gravel base or a cement base).  Charles said the Mesa Park commissioner Bryan Lee has confirmed with County planners that no permit is needed to install a tank of 5,000 gallons or less, which this tank is.  Charles said that the tank will be stable on the site selected and then water lines will be installed from Resource Recovery to the tank and back down to Resource Recovery, as well as from the tank to near the infiltration gallery, where the waterline will tie-in to existing plumbing to Mesa Park. 

Director Smith noted that the location proposed for the tank is above a steep slope;  he inquired if there are concerns about the stability of the tank in the event of an earthquake.  Charles said the area proposed is actually quite flat and the tank will be located well back from the start of the slope down to Resource Recovery.  Mike Aitken opined that the tank will be stabilized by the weight of the water and agreed that its location well back from the slope does not pose a problem.  Director Amoroso asked if any vegetation clearing needs to be done;  Charles said the area was mowed last year by Don Murch and no further work needs to be done.  After some discussion about the installation plans for the tank and possible regulatory considerations, the matter was referred to the Board’s sewer committee for final consideration.

B. Kimball/K. Bender    all in favor    to approve the location of the tank on BCPUD lands as proposed by Mesa Park, subject to final approval by the Board’s sewer committee.    

9.   Approve Agreement for Geotechnical Engineering Services re: Terrace Avenue at Surfer’s Overlook.

Staff reported that the working group of representatives from the BCPUD, the Bolinas Fire Protection District and the County of Marin have identified the most highly ranked firm and met with that firm to negotiate a contract.  The contract price is $66,602.85 and, since the three entities have pledged $50,000 to date, additional funds must be approved to finalize the agreement.  Staff noted that Bob Beaumont at DPW has endorsed approval of additional funds, as has Supervisor Kinsey, subject to an equivalent contribution from the Bolinas districts. 

K. Bender/D. Smith        all in favor    to approve the contribution from the BCPUD of additional funds to finalize a contract price of $66,602.85

10.  Approve Shared Personnel MOU between the Bolinas Fire Protection District and the BCPUD.

Staff presented a draft MOU prepared by the Bolinas Fire Protection District for shared personnel with the BCPUD for weekday emergency response (when most of the BFPD’s volunteers are out of town at their regular jobs).  Director Amoroso expressed reservations about paying BCPUD employees for fire district response training;  he inquired whether the training can take place after hours, so that the district is not paying staff  for this time.  Director Bender said she supports BCPUD assistance to the BFPD for emergency response;  director Smith echoed this sentiment and said that the BCPUD staff will be serving the community, one way or the other.  Director Amoroso said he would like to see a more explicit accounting of the likely training hours involved for BCPUD staff under this proposal.  Director Kimball said that she recalled from prior discussions of this topic that the BFPD was willing to provide some reciprocal assistance to the BCPUD for emergency sewer spill response.  She suggested that the MOU be revised to reflect a similar training and response commitment by BFPD personnel;  after further discussion, staff was directed to work with Anita to revise the MOU to reflect this reciprocal commitment.

10b.  Request for Financial Relief from Quarterly Water Bill pursuant to BCPUD Resolution 553 – 370 Cedar Road (Krieger).

Director Smith said that the applicant is withdrawing his request because he is not eligible for financial relief under a strict application of Resolution 553;  however, director Smith notes that one reason he doesn’t meet the requirements is because of all the work he has done in recent years to decrease his water usage – as such, the prior three years are not reflective of more recent usage.  Director Smith noted that Mr. Krieger is using half as much water now as he did in 2008 and one-third as much as he did in 2007.  Under the circumstances, director Smith recommended that the district use the comparable quarter in 2009 (April and July) to determine eligibility in this case.  He noted that this was a blind leak and Mr. Krieger repaired it immediately, which is what the Board is trying to encourage with this resolution.  Director Kimball noted that the district typically grants relief equal to 50% of the amount attributable to the leak in such cases.  Discussion ensued about setting a new precedent for decisions under Resolution 553 and it was noted that the Board made a similar decision for Judy Molyneaux and Dale Polisar earlier in the year for similar reasons.

K. Bender/D. Smith        all in favor    to use 2009 as the baseline year and calculate the amounts attributable to the leak, then grant relief equal to 50% of the amount attributable to the leak.  

11.  Volunteer Committee Reports

-- Alternative Energy:  Staff  reported that the repayments made by the district on its Clean Renewable Energy Bonds have been returned by the bank; the district has confirmed with bond counsel that the district can capitalize these costs (and therefore retain the repayment checks) to the administrative and planning work done by staff and director Smith on the project.

-- Bolinas Lagoon Technical Advisory Committee:  Director Amoroso reported that he attended the most recent BLTAC meeting and that the new Parks & Open Space Director, Linda Dahl, was there.  It was reported that the end of the Seadrift revetment at the channel washed away during this summer, so additional rock is planned to be added.  Evidently Seadrift is claiming that there was a 12-foot drop in the sand level.  Director Smith said that Seadrift keeps adding rock because the existing rock is sinking and displacing sand, which is then washed into the bay and lagoon.  Director Amoroso says he makes this point all the time during BLTAC meetings, to no avail.  In other news, the restoration project to clear vegetation from Kent Island is planned, but PRBO has objected to the proposed removal of the bigger trees (on the grounds that it is now nesting habitat), so the trees will remain.  Director Amoroso said the concept is to “loosen up” the island so that it moves around like it used to.

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

-- Resource Recovery:  Approve Loan Agreement.  Staff reported that the district’s auditors have requested that the district enter into a written loan agreement with the Resource Recovery Center to document the terms of the $30,000 loan for the removal of hazardous trees on the property last winter.  The terms are:  $30,000 to be repaid over 5 years in payments of at least $6,000, with no interest and no penalty for early repayment.

D. Smith/B. Kimball    all in favor    to authorize staff to execute a written loan agreement with the Resource Recovery Center with the terms as set forth above.
-- Terrace Avenue/Alternative Access Road Committee:  Formation of Ad Hoc Citizens’ Committee to Monitor/Support Efforts to Stabilize Terrace Avenue at Surfer’s Overlook.  Staff reported that a group of residents who access their homes off of Surfer’s Overlook have formed a committee to monitor and support the district’s efforts (along with the fire district and the County) to stabilize the bluff at Surfer’s Overlook.  In addition, the district has been asked to contact the County to seal the cracks appearing in the road at Surfer’s Overlook and to divert anticipated stormwater away from the area of road collapse at Overlook Road.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported that the Task Force had its last meeting of the year in August and that the Coordinating Council will meet in November to look at treatment data provided by the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”).  In related news, the Board of Supervisors unanimously voted last Tuesday to appoint Margaret Graham of Tomales as the West Marin representative to the M&VCD Board of Directors.

12.     Other Business

a.  Board Committee Reports

-- Finance:  Approve Reinvestment of Reserve Funds in CDARS program (federally insured one-year term CDs). 

D. Smith/K. Bender    all in favor    to delegate the decision whether to reinvest reserve fund in the CDARs program to the Finance Committee.  A meeting of the Finance Committee was set for September 21, 2010 at 10:00 a.m.

-- Legal:  Nothing to report.

-- Mesa Septic, Flood Control and Roads:  Report on Meeting with County Of Marin’s Community Development Agency re: Implementation of New Statewide Greywater Plumbing Code.  Director Smith reported that he and director Kimball met with Brian Crawford, director of the Community Development Agency, and Rebecca Ng, director of Environmental Health Services, and a written report of the meeting is in the Board binders.  At the meeting the attendees discussed a role for the BCPUD in inspecting greywater systems in Bolinas, the implications for affordable housing, and the 3-foot groundwater separation rule.  The County is working on implementing regulations and was very appreciative of the BCPUD’s willingness to help.  In general, it looks like the County will not require permits or inspections for simple greywater systems, but rather will enforce the state requirements on a complaint-made basis. 

-- Operations:  Nothing to report.

-- Park and Recreation:  Nothing to report.

-- Personnel:  Nothing to report.

-- Sewer:  Nothing to report.

b. Minutes of the August 18, 2010 Regular Meeting; Minutes of the August 11, 2010 Special Meeting

Minor corrections to the minutes of the August 18, 2010 regular meeting were offered by directors Kimball and Amoroso. 

B. Kimball/D. Smith    all in favor    to approve the minutes of the August 18, 2010 regular meeting, as corrected

    The minutes of the August 11, 2010 special meeting was deferred to the next regularly scheduled meeting.

c. Warrants

K. Bender/D. Smith        all in favor    to approve the warrant list.

d. Scheduling of Next Meeting(s) 

    October 20, 2010 at 7:30 p.m.

13.  Adjournment.
    10:11 p.m.