Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
October 17, 2007     270 Elm Road, Bolinas

1.     Call to Order

    7: 30 p.m.

2.     Roll

    Directors Amoroso, Kimball, Siedman and Smith present (director McClellan absent); director Siedman presiding.

3.     Manager’s Report

Staff requested that an item be added to the agenda as an urgency item because the need to take action came to the BCPUD’s attention subsequent to the posting of the meeting agenda.  Specifically, staff said that the Tomales Bay Watershed Council consultant advised the BCPUD yesterday that the district’s adoption of the Integrated Coastal Watershed Management Plan, which was unanimously approved by motion and vote of the Board during the September meeting, must be in the form of a resolution.  Staff has prepared a form of resolution, which simply ratifies the action previously taken, and requests that the Board include an action item on the meeting agenda so that a resolution can be timely forwarded to the TBWC.

V. Amoroso/B. Kimball    all in favor (McClellan absent)        to add an urgency item to the meeting agenda as Item 14(a) to consider a resolution to ratify the Board’s adoption of the Integrated Coastal Watershed Management Plan.

Director McClellan arrived at 7:34 p.m.

Staff reported that the field crew has been very busy completing projects ahead of the planned conversion and retrofit of the treatment plant (which is scheduled to begin on October 23rd) and ahead of the onset of the rainy season.  Specifically, the crew replaced a water line on Ocean Parkway near the Agate Beach parking lot; the County subsequently paved this section of road, which is part of the County-maintained road network.  The crew also performed vegetation maintenance work at the Woodrat #1 and #2 reservoirs by removing reeds that were encroaching on the intake pipes and spillways, thereby impeding the functionality of the reservoirs.  In addition, the staff has been preparing the treatment plant for the retrofit by replacing worn parts and addressing general maintenance issues.  Consumption in the district has continued it’s downward trend in response to the district’s request for conservation;  in September, customers consumed approximately 127,000 gallons less than they did during September 2006. 

On the wastewater side of operations, spray season is in its final month and the ponds are in good shape. 

The Board reviewed correspondence sent and received since last the regularly scheduled meeting, including but not limited to a letter of concern from John O’Connor regarding the Pine Gulch Creek Enhancement Project and a letter BCPUD staff sent to the County’s Department of Public Works regarding the deteriorating condition of the seawall under Wharf Road.

Staff advised the Board of a call from local property owner Kent Khtikian, who is very concerned about allegedly extensive vegetation removal and other activities by the new owners of 395 Yucca Road.  Mr. Khtikian has reported his concerns to the County and requests that the Board send a letter regarding the potential implications of extensive water use and vegetation removal for the stability of the bluff.  Sue Ballinger, a neighboring property owner, also called the BCPUD office to express similar concerns.  The Board directed staff to contact Mr. Khtikian and advise him that the Board must notice any such request for action and will include such an item on the November meeting agenda (and provide all neighbors with notice of same).

    Finally, staff reported that the Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan is one of two (out of nine) plans to be selected for further evaluation by the state and folks are hopeful that the Council will be invited to apply for implementation funding (applications are due in January 2008).
         -- Update on ADA Accessibility of the BCPUD Building

The BPCUD has retained designer Steve Matson to assist the district with evaluating the accessibility of the office building for persons with disabilities.  Steve has prepared “as-built” drawings of the building and drawings depicting proposed modifications to the exterior and interior of the building.  After some discussion, the Board referred consideration of the proposed property modifications to the Board’s Operations Committee for detailed analysis and recommendation for action. 

-- Drainage Project Manager’s Report

Staff reported that a meeting is scheduled to occur in early November between the district (including hydro-geologist Rob Gailey), County and National Park Service staff to discuss partnership opportunities for implementing drainage improvements on the Mesa.

4.     Community Expression

Patty Bradford stated that she was present as a representative of the Bolinas Community Land Trust (“BCLT”) to apprise the Board of recent developments with regard to the County’s Second Unit Amnesty program.  The BCLT supports the Second Unit Amnesty program as a way to provide affordable housing in Bolinas but is aware that property owners are not applying to legalize their second units because the process involves a septic system inspection and potentially costly upgrades.  The County has indicated that it may approve the drip irrigation alternative septic system in the coming year; these systems are less expensive and may be viable a option for certain properties. Accordingly, the BCLT is considering sending a letter to the County urging it to extend the Second Unit Amnesty program for another year and Patty requested that the BCPUD join in this request.  After some discussion, the Board requested that the BCLT forward a courtesy copy of the letter it writes to the County to the BCPUD and the Board will include an item on the November meeting agenda to consider sending a letter of concurrence.

Al Hettich inquired whether anyone has contacted CalTrans about the ground asphalt currently piled on the side of Highway 1;  director Siedman said that Don Murch is attempting to secure the material to spread on Poplar Road. 

Director Siedman said he has been contacted by two residents about the on-going presence of the boat in the Juniper right-of-way.  Director Amoroso said that the owner of the boat visited him at work and assured him that he genuinely wants to move it, but is having difficulty making the arrangements to do so.  After some discussion, staff was requested to contact the boat owner and tell him if the boat is not moved in 30 days, the district will turn the matter over to the Sheriff’s office. 

5.     Expanded Water Use Permit Application: 239 Birch Road, Bolinas (Rickerd).

Dan Rickerd was present and explained that he is seeking to construct a garage on his property (which is 300 ft. x. 100 ft.); there will be no plumbing to the building.

J. McClellan/B. Kimball    all in favor    to grant an unconditional expanded water use permit.

6.    Right-of-way Permit Applications:  Clear ditch on east side of Evergreen Road, replace existing culvert adjacent to Evergreen Road, install new ditch to existing culvert under Evergreen at Larch Road (Weyrick); clear ditch on east side of Evergreen to Poplar Road, possible new culvert under Poplar Road, clear ditch on west side of Evergreen to Mesa (Weyrick).

    Linda Weyrick explained that last year the neighborhood experienced a lot of standing water along the two blocks of Evergreen between Mesa and Larch Roads; the project seeks to clear ditches and replace culverts in order to improve road conditions and drainage.  All neighbors have been notified and there is no opposition to the project; Lewie Likover has shot the elevations and Don Murch will do the work.  In response to questions, Linda clarified that resurfacing Evergreen Road with base rock is also part of the project proposal.  Director Smith noted that the project drawings suggest that speed bumps will be installed and he cautioned that the BCPUD cannot approve speed bumps.  Linda said she was fine with that.

    Discussion ensued about the appropriate depth of the ditches, whether culverts were needed at the Evergreen and Poplar intersection and about the directional water flow of the water.  Director Smith suggested that the Board approve the applications, subject to elimination of any speed bumps and determination by Lewie Likover of the appropriate depth of ditches and location of any culverts at the Poplar/Evergreen intersection.  After further discussion, it was clarified that the neighboring property owners will pay for the project and BCPUD will supply the culverts and pay for their installation (other than driveway culverts, which must be paid for by the property owners); if there are any controversial issues relating to the project, those issues will be brought back before the Board for discussion.

B. Kimball/D. Smith    all in favor    to approve the Weyrick right-of-way improvement applications (minus speed bumps and plus the application of road base on Evergreen), subject to consultation with Lewie Likover for drainage depths and culvert installation.

7.    Right-of-Way Permit Application:  Install new culvert under driveway adjacent to Larch Road, re-establish ditch along Larch near Iris (Satris).

    After a brief discussion of the proposed project, the Board directed the General Manager may approve the project without a Board hearing pursuant to the authority delegated to the General Manager in Ordinance 30.

8.    Notice of Availability and Notice of Public Hearing for Draft Negative Declaration of Environmental Impact for Osterweis Ranch Project Coast Permit & Design Review; Tentatively 200 and 300 Pine Gulch Road, Bolinas/APNs 188-140-11, 188-150.

Cynthia Wood expressed concern about the air quality in the neighborhood arising from the dust that hangs in the air when the construction trucks use Paradise Valley Road.  Discussion ensued as to whether the County would require paving of the road and whether Ms. Wood could request the application of water or vegetable oil on the road to minimize the dust.  The Board agreed to prepare a letter forwarding her concerns to the County. 

Cela O’Connor said it is a good project, but she feels the County should specifically define the minimum and maximum distances in the stream zone buffer that will remain protected, notwithstanding the continuation of historic hand-tilled agricultural activities in this zone.   The Board directed staff to include Cela’s comment in the letter to the County.

9.    Simac Ag Structure Coastal Permit and Design Review (CP 06-32 & DC 06-143) Fern Road, Bolinas (no assigned address) APN: 192-111-15.

Mr. Simac informed the Board that the County does not want to permit him to store water on the property but he will not agree to this because it would set a bad precedent for other agricultural permits.  Rick Hall requested that the Board convey to the County his continued concern about eventual habitation on the property.  Director Amoroso suggested that the Board also point out to the County the precedent that will be set if the County permits structures to be constructed and water to be stored on small undeveloped properties.  Director Smith agreed that the County should consider the precedential nature of its decision, but said that habitation on the property can be addressed if and when it occurs. 

V. Amoroso/D. Smith    four in favor (McClellan abstaining)        to send a letter to the County suggesting it consider the precedent before permitting structures to be built and water to be stored on small, undeveloped properties as a permissible agricultural use.

10.    Application for Well Drilling Permit – BCPUD (101 Mesa Road – sewer pond property)

Staff explained that the BCPUD has applied to the County, on behalf of Mesa Park (and as owner of the property in question) to drill an exploratory well on the sewer pond property to evaluate whether there is an adequate supply of water to irrigate the Mesa Park fields across the street.  If so, the water potentially would be reclaimed via the reclamation plant that the BCPUD (on behalf of Mesa Park) received a grant to construct.  There were no comments on the permit application;  staff was directed to write a letter to the County Environmental Health Service (“EHS”) department per the terms of the MOU between the BCPUD and EHS, and advise EHS that there were no comments on the well permit application.

11.   Oaths of Office for Candidates for the BCPUD Board of Directors Appointed in Lieu of Election (Smith, Amoroso).

Director Siedman administered the oath of office to directors Amoroso and Smith.

12.     Resolution 553:  Establishing Criteria for Requests by District Customers for Relief from Quarterly Metered Water Delivery Charges in the Event of a Leak; Request for Relief from Quarterly Metered Water Delivery Charges Due to a Leak (Commonweal).

B. Kimball/D. Smith        all in favor    to approve Resolution 553.

    With regard to the request from Commonweal, director Kimball recused herself from consideration of the matter due to her position on the Commonweal Board of Directors.  After a brief discussion, the Board directed staff to write a letter to Commonweal, enclosing a copy of Resolution 553 and stating that the request does not appear to meet the criteria set forth therein because Commonweal knew about the leak for some time before taking action to repair it.

13.    Amendments to BCPUD Ordinance 30 Establishing Criteria for BCPUD Participation in the Financing of Road Improvements and Other Projects in the Gridded Mesa’s Public Rights-of-Way.

The item was continued to the November meeting.

14.    Amendments to BCPUD Resolution 152 Establishing Criteria for the Proposed Transfer of Water Meters Within the District.

Director Siedman explained that the Board has been considering possible revisions to Resolution 152 to clarify the criteria to be applied to a customer proposal to move a water meter from one location to another within the district.  Director Amoroso questioned the need for any revision to the resolution as it has served the district well for decades and has never been challenged;  he feels it is important for the district to continue to oversee the location of meters, particularly given the inappropriate nature of many potential sites in Bolinas (i.e., close to creeks, in the bluff erosion zone, etc.).   Director Amoroso said the district should retain outside counsel to evaluate any proposed revisions to the resolution; directors McClellan and Kimball concurred.  Director McClellan suggested the lawyer also advise the district whether it can ban landscape irrigation systems in light of the district’s chronic water shortage; other directors disagreed with the concept of an outright ban on such systems.   Director Smith said he would prefer imposing a cap on customer water use as the most fair and efficient means by which to control consumption.  After further discussion, staff was directed to hire outside counsel with the appropriate specialized experience to advise the district with regard to possible revisions to Resolution 152 and the extent of the district’s authority to impose a cap on customer water use district-wide.

14a Resolution 554:  Ratifying the Board of Directors’ September 19, 2007 Adoption of the Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan.

J. McClellan/B. Kimball    all in favor    to approve Resolution 554.

15.  Volunteer Committee Reports

-- Alternative Energy:  Update on Solar Installation Project.  Director Smith reported that staff is working with an engineering firm to develop specifications for any footings that may be installed on the face of the Woodrat #1 reservoir.

-- Beach:  Nothing to report.

-- Bolinas Community Plan Review Committee:  Nothing to report.

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

-- Community Paths Group:  Director Smith reported that a meeting has been scheduled for the following day with all relevant agencies within the County to resolve on-going issues relating to disabled access, aesthetics, safety, and construction of the bike path.  An application for additional funds to install the path is pending and the district has been assured of a one-year extension on the installation deadline. 

-- Downtown Parking and Traffic:  Director Amoroso stated that the committee needs to meet.  His personal view is that it may not be worth further time, effort and expense to the community to pursue a parking plan at this time because the congestion problem seems to have diminished considerably in the last year. 

-- Resource Recovery:   Jennie Pfeiffer commented that the Resource Recovery Project Committee agreed to a three-month trial arrangement with the Tam Valley Services District to allow it to drop off green waste once-a-week .

-- Terrace Avenue/Alternative Access Road Committee:  Director Smith said the committee is still pursuing the possibility of moving Terrace Avenue to the north at Surfer’s Overlook, but the key contact at the County DPW has been on vacation so there is nothing new to report.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported that the WNV Task Force is scheduled to have its final meeting of the year the following Monday; the Task Force will meet four times in 2008 and there will be no state conference next year due to a lack of funds.  The WMMCCC presented its final working agreement language to the Marin/Sonoma Mosquito & Vector Control District, which has agreed to sign it.  Once finalized, the new agreement will be posted on the BCPUD website. 

16.    Other Business

a.  Board Committee Reports

-- Finance:  Continue engagement of outside CPA to the BCPUD.  Staff recommended that the district continue its engagement of outside CPA Sandy Madison Reinhardt per the terms of a letter agreement in the Board binder;  there was no objection from the Board.

-- Legal:  Director Siedman noted that the district received a reimbursement of most of the retainer it had paid to secure legal counsel to advise the district on matters relating to the maintenance of Terrace Avenue (subsequently determined not to be necessary when the County agreed to maintain Terrace Avenue). 

-- Mesa Septic, Flood Control and Roads:  Director Siedman noted that the Board earlier had discussed the topic of ground asphalt on Mesa Roads and he said he wanted to be sure there is no objection from the Board if the asphalt is spread on Poplar Road;  he has contacted all neighbors and they support such a project.  The other Board members confirmed that they support the use of ground asphalt.  Director Smith suggested that staff identify an area where the material can be stockpiled (when available) for neighborhood road projects. 

-- Operations:  Nothing to report.

-- Park and Recreation:  Director Siedman reported that the recent mime troupe performance at Mesa Park was very good.  He noted that the Downtown Park committee will next be meeting to discuss erosion control and that the committee meetings will be at the Firehouse per the request of Stacey Henderson because the meeting room there is accessible to persons with disabilities.

-- Personnel:  Amendment to MOU – General Manager vacation accrual.  

J. McClellan/D. Smith        all in favor    to approve an amendment to the Board/Staff MOU to clarify that the General Manager’s annual vocational accrual is five weeks.

-- Sewer:    Director Smith stated that he and director Amoroso walked the sewer pond property with Don Guravich recently and agreed a scope of work for a vegetation management project; it appears that clearing once every two years is sufficient.  Don Guravich has suggested clearing the underbrush in the grove to prevent fires; he will prepare a report in support of his suggestion for the Board’s consideration.

b.  Minutes of the September 19, 2007 Regular Meeting

D. Smith/B. Kimball    four in favor (director Siedman abstaining)        to approve the minutes of the September 19, 2007 regular meeting.

c.  Warrants

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

d.  Scheduling of Next Meeting(s)

        Due to the Thanksgiving Holiday on November 22, 2007, the Board agreed to hold the next regular meeting on the second Wednesday of November, which is November 14, 2007.

17.    Adjournment

11:07 p.m.