Bolinas Community Public
Utility District
A Regular
Meeting Of The Board Of Directors
September 10, 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 requested that the Board make an urgency exception
pursuant to California Government Code Section 54954.2(b)(2) to add approval
of Resolution 569 to the agenda based on a finding that (1) the district
needs to take immediate action to undertake security measures to protect
its solar arrays and (2) the need for action arose subsequent to the posting
of the agenda for tonight’s meeting. Two attempts have been made in
Bolinas (one just two days prior) to steal ground-mounted solar arrays; the
need for district action is therefore urgent.
V. Amoroso/D. Smith all in favor to add
approval of Resolution 569 to the agenda as Item 10(b) based on the Board’s
findings that immediate action is necessary and the need for such action
arose subsequent to the posting of the meeting agenda.
Staff reported that water consumption for the “back of
the Mesa” increased over the same time last year, but not as significantly
as the district experienced last month with the increase in consumption then
on middle of the Mesa. The recent foggy and cool weather is helping.
Historically, the district sees consumption drop after Labor Day, so staff
is cautiously optimistic that the current raw water supply will be sufficient
to supply the district until the rains starts. Woodrat Reservoir #2
reservoir is significantly depleted, however; two of the four filters
at the treatment plant are running on reservoir water, so the community likely
will notice taste and odor problems. Director Amoroso requested that
staff follow-up with the customers from the middle of the mesa with high
consumption in the last quarter to request them to conserve.
Staff reported that the district is resuming efforts to run a pilot project
to reduce the chlorine disinfection byproducts in the treated water.
Unfortunately, the BCPUD did not receive funding from its Proposition 50
application, so staff is developing a smaller scale pilot project with reduced
monitoring costs; operations staff will be conferencing with representatives
from Siemens Water Technologies to discuss possible enhanced (alum) coagulation,
as well.
The district has interviewed Brejle & Race Consulting
Civil Engineers to advise the district on a variety of pending projects,
including but not limited to the water main extension for Horseshoe Hill
Road, which is an item later on the meeting agenda. Staff anticipates
receiving a proposal from Brejle & Race soon, based on the interview
and discussion of pending projects. Brejle & Race works with numerous
small districts in coastal communities, among other areas and understands
the BCPUD’s need for efficient engineering solutions. Staff anticipates
the need for engineering advice with respect to the potential relocation
of the water and sewer mains away from Terrace Avenue at Surfer’s Overlook,
the development of the next phase of the district’s Sewer System Management
Plan, and several other projects.
Staff reported that representatives from the U.S. Department
of Agriculture Rural Assistance office will be conducting a site visit later
in the month to assess the projects it has funded.
Staff directed the Board’s attention to a response sent
by the district to the National Park Service regarding the NPS’ offer to
purchase the BCPUD’s Pine Gulch Creek property. The NPS has now sent
a proposed warranty deed and escrow instructions; staff requested that the
Legal Committee review these documents and advise staff as to next steps.
Directors Siedman and MCClellan agreed to do so.
On the wastewater side of operations, staff reported that
the installation of the solar arrays at the sewer pond site is proceeding
on schedule. The district is spraying seven days a week at present
in the spray fields to ensure that the treatment ponds will be fully emptied
prior to the onset of the winter rains. Spray season was deferred to
some extent this year so that staff could take advantage of the dry spring
weather to perform vegetation management work and restore capacity.
Finally, per the Board’s authorization at the August meeting, a new pump
has been ordered for the downtown lift station, and installation is expected
to occur in early December.
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of
the BCPUD Building.
Staff reported that building plans have been submitted to the County Planning
and Building Departments for the remodel of the district’s office building
and parking area to meet the accessibility requirements of the Americans
with Disabilities Act. Comments have been issued by the Department
of Public Works which the district will respond to via its designer, Steve
Matson, and likely a revised set of plans will be submitted.
-- Update on the Full Proposal for Proposition 84 Grant Funds for Projects
to Enhance the Duxbury Reef Area of Special Biological Significance(“ASBS”):
Approve BCPUD Letter of Support
Working with the County of Marin and the National Park
Service, the BCPUD today submitted a full proposal for Proposition 84 grant
funds for a suite of projects designed to improve water quality at Duxbury
Reef. The County intends to make improvements to the Agate Beach parking
lot and conduct public outreach about stormwater management; the National
Park Service intends to implement certain rangeland improvements at the major
drainways to Duxbury Reef; and the BCPUD intends to complete a stormwater
network analysis (including an updated topographical map and the development
of a surface water flow model) and implement Low Impact Development stormwater
treatment projects on the Big Mesa. If the grant application is successful,
the BCPUD will receive $570,000 in grant funds for this work. Staff
noted that director Kimball was instrumental in securing a letter of
support for the BCPUD’s application from Assembly Member Jared Huffman.
Staff requested that the Board ratify the letter of support submitted by
the BCPUD in connection with the grant application.
V. Amoroso/D. Smith all in favor to approve
the district’s letter of support submitted in connection with the Full Proposal
for Proposition 84 grant funds.
-- Drainage Project Manager’s Report
Drainage Project Manager Lewie Likover is on vacation.
4. Community Expression
Director Amoroso inquired about the possibility of removing
the district’s vehicle gate at the end of the Brighton Avenue ramp to the
beach because it is in very poor condition due to rust and deterioration.
Chief Operator Bill Pierce said that the staff regularly inspects and maintains
the gate to the extent practicable and that it should not be removed until
a replacement is available to install.
Director Amoroso noted that the BCPUD has still not received
any response from the County about the revisions it requested to the County’s
film permitting process for projects in Bolinas. Director Amoroso requested
staff to aggressively pursue a response, including raising the issue with
Supervisor Kinsey’s office, if necessary.
Cela O’Connor reported that she attended many of the BCPUD’s
Beach Committee meetings; although the committee recommended that the current
ban on weekend camping at the beach be extended to a 24/7 ban, no action
has been taken. Cela therefore has submitted letters to Steve Kinsey,
the Environmental Health Services department and to the Bolinas Rod &
Boat Club about the need to keep the beach clean and to post private property
as “no camping” for public health reasons. Cela has urged all private
beach owners to post their land as “no camping”. As such, rather than
attempting to go through the onerous process of amending the current “no
camping” ordinance for the public lands, private property owners can effectuate
the same result by posting their land – enforcement will be facilitated as
sheriffs can move any campers off of private property. Cela stated
that her objective is to ensure the beaches are clean for the kids.
5. Mesa Park: Appointment to Mesa Park Board
to Fulfill Unexpired Term of Robert Mowry.
Staff reported that no applications have been received.
Director Siedman directed staff to continue publicity efforts and the matter
was deferred to the October meeting.
6. Application for Expanded Water Use Permit (amended)
– 345 Walnut Road, Bolinas (Blackman/Eichhorst).
Jennifer Blackman submitted an amendment to her prior
expanded water use permit application because a bathroom will be added to
the interior space.
V. Amoroso/J. McClellan all in favor to approve a
conditional expanded water use permit with a maximum quarterly water use
of the district average plus 50%, or 3750 cubic feet.
7. BCPUD Pedestrian/Bicycle Bike Pathway: Letter
from Brent Harris Construction; Discuss and Approve Further Work to Upgrade
the Pathway.
Director Smith reminded the Board that at the prior meeting,
the Board had decided to hold back 15% of the amount due to Brent Harris
Construction because it found that the path did not meet contract specifications
with regard to its surface or the grading of the switchbacks. Mr. Harris
submitted a rebuttal letter, arguing that the path gravel mix had been specified
by the BCPUD, so it was not fair to hold his company responsible for path
degradation, particularly when the horses have churned it up.
Director Smith acknowledged it was true that the BCPUD specified the path
mix to be used, but only because the contractor was unable to provide an
alternative specification; the district had hoped for better guidance from
the contractor in this regard. Director Smith said that the path surface
likely will need to be addressed in the Spring, after the winter rains and
the district can better assess next steps. On the other hand, the switchback
grades are far off the specification and need to be re-graded. In his
rebuttal letter, Brent Harris acknowledged the switchback problem and proposed
to re-grade the switchbacks to specification in early October. Director
Smith said that this seems to be an appropriate resolution; Director McClellan
agreed, but said that no further money should be paid until the switchbacks
are corrected. Staff was directed to write a letter to Mr. Harris to
convey the Board’s decision.
8. Approve Lease Agreement for Agricultural Use of BCPUD
Property.
The Board reviewed a draft lease agreement for agricultural use of the BCPUD
sewer pond property. A community group would like to lease the land
to raise dairy goats. The draft lease proposes a three-year rental
term (with a renewal option) with use restricted to dairy goats and the installation
of appropriate fencing and sheds to contain the goats, which will be installed
at the lessees’ expense. Appropriate insurance will be maintained by
the lessees and the BCPUD shall have the right to terminate the lease if
required to do so by regulators or the ACWA/JPIA, if the proposed use poses
unacceptable operational difficulties for the BCPUD, or if the proposed use
created a nuisance or a public health or safety risk.
Director Amoroso inquired as to the lessees’ anticipated water source; Kanoa
Bartlome said that there are existing catchment ponds on site installed by
the prior lessee, Jimmy Friedrich, which will be used. They also will
install catchment basins to capture shed runoff; if necessary, the lessees
will bring water to the site. Cela O’Connor noted the goats also can
be used for vegetation management on the BCPUD’s sewer pond property, particularly
with regard to the removal of non-native vegetation. After further
discussion, the Board directed staff to make certain revisions consistent
with the discussion, to meet again with the lessees to resolve other open
points and to defer the matter for a final decision until the October meeting.
9. Approve Agreement with Property Owners for Installation
of BCPUD Water Main to 150 and 190 Horseshoe Hill Road.
Staff noted that the property owners were not yet in attendance;
the item therefore was deferred in favor of the next agenda item.
10. Approve Form of Letter to Bolinas Property Owners Who
Would Be Directly Affected By Relocation of BCPUD Utilities in the Event
of a Failure of Terrace Avenue; Discuss Additional Methods of Notification
to the Bolinas Community About the Status of Terrace Avenue.
Director Siedman also deferred this item until later in
the agenda because attendees are expected for this topic, as well.
10(b). Resolution 569: Declares an Emergency
Exists and Authorizes the Installation of
Security Measures to Protect the BCPUD’s Photovoltaic Generation System.
Director Smith stated that he supports
the resolution, but would like to research the options available to the district
before a final decision is made on specific security measures; he said he
is leaving town on vacation and would like to be part of the process when
he is back. Director McClellan inquired as to what has been done thus
far: Chief Operator Pierce reported that lights are being keep on at night
to deter activity; staff is performing daily inspections to ensure no tampering
has been done to the arrays; and the Sheriff and National Park Service have
agreed to include the array sites on their regular patrols. Director
Kimball said she supports the resolution and would like to preserve as much
flexibility as possible for the district to pursue short-term and long-term
solutions. Discussion ensued about referring further discussion of
this topic to the Operations Committee. Director Kimball offered three
revisions to the proposed resolution to preserve flexibility going forward
and moved to approve the resolution.
B. Kimball/D. Smith all in favor to approve
Resolution 569, as amended.
9. Approve Agreement with Property Owners for Installation
of BCPUD Water Main to 150 and 190 Horseshoe Hill Road.
Director Siedman recused himself from participating in
this agenda item; vice-president Amoroso therefore assumed the gavel.
Staff reported that four years ago the Board approved a water meter installation
request at 150 and 190 Horseshoe Hill Road, conditioned upon the property
owners’ agreement to pay all costs of the project since water currently was
being delivered to the property, albeit at a different location. Staff
presented a draft “agreement of intent” as the full costs of the project
are not yet known. Staff recommended that the BCPUD assume responsibility
for the initial 400 feet of water main installation along Horseshoe Hill
Road because staff has determined that there are independent public health
and safety reasons to relocate the services at the Borg property and at the
Catholic Church to the new main. The draft agreement states that the
BCPUD shall install the new main and that the property owners will be financially
responsible for all costs of installing it, other than the initial 400 feet.
Staff has met with civil engineers to discuss the project and the district
is expecting a written proposal from them next week. Staff feels engineering
is necessary due to the elevations involved and new state requirements applicable
to water main size and pressure requirements.
A lengthy discussion ensued about the history of the Board’s
prior approval of the water meter installations, the current location of
the property owners’ service line (which current originates at the corner
of Olema-Bolinas and Horseshoe Hill Road), the details of the proposed new
water main project, applicable state standards, possible implications for
upstream customers if the district were to increase pressure on the new main,
and more. Ultimately, director McClellan said that he has no problem
with the project, but that the property owners need to understand that they
must absorb all costs (direct and indirect) of this project and that the
details need to be ironed out before an agreement can be finalized.
Director Kimball agreed and said that all costs, including engineering costs
and any collateral work (such as installing pressure regulators for upstream
customers), need to be specifically identified and included in the agreement.
The matter therefore was deferred for further discussion and decision to
the October meeting.
10. Approve Form of Letter to Bolinas Property Owners Who
Would Be Directly Affected By Relocation of BCPUD Utilities in the Event
of a Failure of Terrace Avenue; Discuss Additional Methods of Notification
to the Bolinas Community About the Status of Terrace Avenue.
Jack Siedman explained that the BCPUD has been in discussions with the County
of Marin for the past couple of years regarding the slippage of Terrace Avenue,
particularly at Surfers Overlook and that the County has now taken the position
that they do not have an obligation to keep Terrace open in both directions.
Recently, via emails, the County has stated that their legal obligation is
to keep Terrace open only in one direction to provide emergency access.
Don Smith feels that the BCPUD should do our own legal research to determine
if the County is required to maintain Terrace as a through street.
Jack had heard that the original plan on Terrace showed it as a one-way street.
Vic noted that it wasn’t on the original plan, however at a later date it
was designated as a one-way street and that officially on the books it is
a one-way street.
Herman Berlandt said he believes Terrace Avenue should
be a one-way road heading downtown from the Big Mesa.
Ralph Camiccia said that Terrace Avenue is a critical
access/egress road for the community, particularly in the event Mesa Road
is impassable in an emergency. Ken Masterton commended the Board for
tackling this issue. Ken has been a member of the BCPUD’s Terrace Avenue
committee; he noted that the County built the seawall and then tried to pretend
that it did not. He said that DPW Deputy Director Bob Beaumont personally
told him that it was a “mistake” that the County ever built the seawall and
that the County does not want to “compound that mistake” by repairing it
now. Ken argued that the County is abdicating its responsibility and
must be called on it; he said that Bolinas must appeal to Supervisor Kinsey
to ensure that the road is preserved. Discussion ensued about appropriate
next steps and how to best achieve the objective of persuading the County
to repair the seawall as soon as possible. Director McClellan said
that the County needs to get a “firestorm” of protest from Bolinas residents;
every person in the district will have to pay to relocate BCPUD infrastructure
if the road fails at Surfers Overlook. He suggested staff seek outside
legal advice about the district’s options. Rudi Ferris expressed anger
that the County is spending funds on repaving Terrace Avenue, which was unnecessary,
rather than focusing available funds on a repair of the seawall. Rudi
said the cost of re-locating the BCPUD’s facilities may be as expensive as
fixing the seawall and bluff to save Surfer’s Overlook.
Others present said they do not believe the community
at large appreciates the magnitude of the impact a loss of Terrace Avenue
will have on the town. Rudi Ferris reminded the Board that there is
no alternative road to Terrace Avenue that could be achieved without the
exercise of eminent domain at an enormous cost to the town; when combined
with the cost of re-routing district facilities, it makes sense to do all
thing possible to save Terrace Avenue. Ken Masterton suggested that
the Board approve a resolution affirming the importance of Terrace Avenue
and demanding County action; he said the Fire District should pass such a
resolution, as well. Anna Gade supported the idea of a letter to the
community to inform everyone of the importance of Terrace Avenue; as taxpayers,
Bolinas residents should put pressure on its County supervisor to act.
After further discussion, the Board directed staff to
prepare a resolution affirming the importance of Terrace Avenue for the next
Board meeting, to prepare a letter to the community for the Board’s approval,
and to pursue legal advice about the options available to force the County
to preserve Terrace Avenue. Ralph Camiccia promised to present the
idea of a similar resolution to the Fire District Board at the next meeting
later this month.
11. Volunteer Committee Reports
-- Alternative Energy: Nothing to report.
-- Bolinas Community Plan Review Committee: Cela O’Connor said the
committee would like Mickey Murch to join. Director Siedman said he
needs to write a letter asking to be appointed.
-- Bolinas Lagoon Technical Advisory Committee: Director Amoroso said
he attended the most recent meeting and brought all of the BCPUD’s letters
and he is satisfied that the BCPUD has raised the issues that have needed
to be raised (i.e., the “two channel” solution, etc.) for the record.
Ralph Camiccia said there will still be ample opportunity to comment on the
restoration project. Ralph said that the “two channel” solution was
subject to constant opposition from the Sierra Club and it was not possible
to overcome that opposition at the Working Group.
-- Community Paths Group: Nothing further to report.
-- Downtown Parking and Traffic: Vic Amoroso suggested that this committee
item be removed from the agenda as the committee has been inactive; there
was no opposition.
-- Resource Recovery: Nothing to report.
-- Terrace Avenue/Alternative Access Road Committee: Nothing further
to report.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Nothing to report.
12. Other Business
a. Board Committee Reports
-- Finance: Staff reported that the fieldwork for the district’s annual
audit will take place on September 24, 2008.
-- Legal: Director Siedman confirmed that the district will resurrect
contact with its outside attorneys for advice on the Terrace Avenue situation.
-- Mesa Septic, Flood Control and Roads: Director McClellan reported
that the Tomales Bay Watershed Council is seeking to raise funds via individual
contributions, although no specific amount is requested. He suggested
the Board consider a $500 contribution. Director Kimball requested
that staff contact the Council to inquire as to how much others are contributing.
-- Operations: The Committee agreed to meet with staff the following
morning at 10:00 a.m. to discuss security options for the BCPUD’s solar arrays.
-- Park and Recreation: Director Siedman reported that the downtown
site committee continues to work on the design for the downtown park.
Director Amoroso said that the time might be right to push for a recreation
center at Mesa Park.
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the August 20, 2008 Regular Meeting
Director Smith offered one revision to the August minutes
– to delete the work “immediately” from the last sentence of the second
paragraph on page 2.
D. Smith/B. Kimball all in favor to
approve the minutes of the Board’s August 20, 2008 regular meeting, as amended.
c. Warrants
V. Amoroso/D. Smith all in favor to approve
the warrant list.
d. Scheduling of Next Meeting(s)
October 15, 2008 at 7:30 p.m.
13. Adjournment
10:59 p.m.