1.
Call to Order.
7:30 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.
A funding letter agreement has been executed
by the Bolinas Community Center and the County of Marin for the project to
repair the road-level retaining walls at Surfer’s Overlook. The County opened the bids submitted for the
project on October 15th and the low bidder is Hillside Drilling at
$303,875; staff noted that this is the same contactor who installed the Wharf
Road seawall repair last year. The
County is seeking to fast-track the work, which may start as soon as in the
next two weeks.
--
Update on the Wharf Road Lift Station Pump Replacement Project: Request from
West Yost Associates for Additional $3,168 For Work Performed in Excess of
Approved Project Budget.
The replacement pumps were ordered four weeks
ago and the district has requested an update from the manufacturer on the
delivery schedule so that the details of the installation can be planned. The district’s consulting engineer at West
Yost submitted a request for an additional payment of $3,168 for work performed
beyond the approved scope of work; the additional work consisted of developing
installation sketches to confirm the new pumps will fit in the existing pump
room as the space is extremely tight. After
a brief discussion, during which director Smith requested that staff convey the
Board’s dissatisfaction with the amount of time taken by the engineer to
perform the original scope of work, the Board agreed to approve the additional
payment.
V. Amoroso/L. Comstock four in favor, director Smith abstaining to approve an additional payment
of $3,168 to West Yost.
-- Update on the BCPUD Chlorine Disinfection
Byproduct Reduction Project.
Nothing to report.
Staff reported that water consumption in the downtown
area of the district was up slightly as compared to the same time last year
(July/August/September). This increase
almost certainly is due primarily to the July 4th and Labor Day
holidays which occurred during this billing cycle. Even so, consumption remains very low in the
district when compared to historical data from the last ten years.
Staff directed the Board’s attention to an
article in the October 15th Marin Independent Journal which
reports that the County has engaged a consultant to “study how to accommodate
the parking and restroom needs of surging crowds expected to visit Marin’s
coastal communities in the decades ahead.”
This effort seems to have been prompted by recent controversies about
crowds at the Tomales Bay Oyster Company parking along Highway 1, as well as
crowds visiting Point Reyes Station overwhelming the public restrooms
there. The study is expected to evaluate
how to expand public parking and restroom capacity in coastal Marin over the next
50 years. The Board briefly discussed
reaching out to the former members of the Parking Committee; director Comstock
said he’s willing to help but doesn’t wish to serve on a committee and director
Smith suggested recruiting downtown business owners to contribute their time and
energy to help solve these problems.
Staff reported that there were some problematic
leaks on the distribution system over the last several weeks. In particular, there was a leak on the water
main in Laurel Road between Elm and Alder that was challenging to access because
of unpermitted encroachments and obstructions of the public right-of-way. The adjacent property owner had developed a
large portion of the middle of the right-of-way into a parking area by adding
more than two feet of road base to flatten out the natural slope; as such,
staff had to expend significant time and equipment to dig a 5-foot deep hole to
find the leak rather than a 3-foot deep hole.
Staff also had to remove several small trees and large bushes planted on
top of the water main.
The district is experiencing issues with all
of the membranes on one of the filters at the Woodrat Water Treatment Plant and
therefore new membranes have been ordered.
Staff noted that it is been many years since the 2007 retrofit of the
plant when all of the membranes were replaced.
As such, the membranes in this filter likely are at the end of their
useful life.
The district’s Proposition 218 notice concerning
the proposed rate increase for solid waste disposal services and upcoming
public hearing in November was mailed out on October 2nd. The Board will consider the rate increase and
an associated Amendment to the Franchise Agreement at its regular monthly
meeting on November 18th.
Staff reported that the district sent out
three letters recently to customers with pending building permit applications;
the district does so routinely to inform customers that per the moratorium
resolution, they need to apply to the district for an “expanded water use
permit” whenever they do a remodel project that requires a building, use,
design review or coastal permit. Some of
the customers have called to say their projects do not involve any water use (i.e., replacing
skylights and reshingling the roof) and asked if they still need to submit an
expanded water use permit. Staff
inquired how the Board would like staff to respond. Director Comstock said he believes the
district is better served if customers are “on record” explaining their
projects so that the Board can consider the application at a public meeting;
directors Godino and Siedman agreed.
Director Smith suggested that perhaps the district could develop an
administrative review process for staff to consider projects that are limited
to window or roof replacement, or something similar, to expedite the process. For now, however, staff was directed to
require the customers to submit expanded water use permit applications for
their projects.
On the wastewater side of operations, staff
reported that flows continue to be low and spray season is effectively
concluded (and the fields have been mowed).
Staff is planning to start working soon with outside engineers on a
Master Plan to address some of the operational issues at the treatment plant,
including a new irrigation spray pump station and improved aeration at the
ponds.
The Board reviewed correspondence sent and
received since the last regular Board meeting, including documents from the Marin
County Elections Department confirming that directors Amoroso and Smith were
appointed in lieu of an election as no one filed papers to run for either
office.
--
Drainage Project Manager’s Report.
The Board received a drainage report from
Lewie Likover.
4.
Community Expression.
None.
5.
Expanded Water Use Permit Application - 30 Terrace Avenue, Bolinas (APN #193-133-13) (T. Traska).
Director
Siedman noted that the applicants propose to replace nine windows and doors and
there is is no implication of any potential increase in water use as a result
of the project.
L. Comstock/D. Smith all in favor to grant an unconditional expanded
water use permit.
6.
Request from the West Marin Mosquito Control
Coordinating Council for BCPUD to Take A Leadership Role in Negotiations with
the Marin/Sonoma Mosquito & Vector Control District to Extend the Non-Toxic
Protocol Agreement; Letter to the
Marin/Sonoma Mosquito & Vector Control District.
Director
Godino reminded the Board that the district held a meeting in January at the
Bolinas Firehouse public meeting room with several Board members and staff of
the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”) to
discuss the renewal of the non-toxic protocol agreement in place in West Marin. The meeting was quite cordial and positive,
but it was followed by months of silence.
Admittedly, the M&VCD was very busy throughout much of 2015 with a
ballot initiative it wanted to pass, but at this point the agreement is set to expire
at the end of the year. Director Godino
learned that the M&VCD has established a subcommittee to make a
recommendation about the renewal of the non-toxic protocol in West Marin; the
M&VCD Board is divided on the topic.
The M&VCD has asked for an independent scientific evaluation of
methoprene by a scientist at U.C. Davis, but the West Marin Mosquito Control
Coordinating Council (“WMMCCC”) is unsure of the scientist’s credentials. The Stinson Beach community wants to join
efforts in Bolinas to obtain a renewal of the agreement and the WMMCCC would
like the BCPUD to take a leadership role in this effort.
Director
Siedman favored a joint approach from the Bolinas and Stinson Beach communities
as it seems the WMMCCC is not getting respect or recognition from the M&CVD.
In fact, based on the recent legal
opinion issued by the M&VCD’s outside counsel, it seems the M&VCD does
not think it is appropriate to deal with the WMMCCC. He suggested that perhaps West Marin should
be re-cast as a separate “zone” within the boundaries of the M&VCD and the
non-toxic protocol could then be in effect in the boundaries of that zone.
Director Comstock concurred and said he favors the BCPUD, or the BCPUD and the
Stinson Beach County Water District, taking a leadership role on this issue. Director Siedman suggested the Board
authorize director Godino to be its representative and request a one-year
extension of the current agreement to allow time for negotiation. Discussion ensued with all directors expressing
support for this approach.
V. Amoroso/L. Comstock all in favor to resurrect the BCPUD’s leadership role with regard to negotiations
with the M&VCD concerning an extension of the non-toxic protocol in West
Marin and requesting a one-year extension of the agreement to allow sufficient
time to meet and negotiate.
7.
BCPUD
Ordinance 30: Report from the Mesa Septic, Flood Control and Roads Committee re:
BCPUD Board of Director’s Policy Concerning Obstructions and Encroachments in
the Public Rights-of-Way on the Bolinas Mesa; Letter
to S. Hodge re: BCPUD Enforcement of Ordinance 30.
Director Comstock reported that the Mesa
Septic, Flood Control and Roads Committee met recently to discuss two issues: (1)
general concerns about obstructions and encroachments in the rights-of-way on
the Bolinas Mesa, and (2) a letter to the BCPUD from Steve Hodge concerning
enforcement of Ordinance 30. Director
Comstock said the greatest concerns about encroachment in or obstructions of
the rights-of-way are the implications for BCPUD’s access to its infrastructure
and (2) Bolinas Fire Protection District (“BFPD”) emergency and fire response
access. Noting that BFPD chief Anita
Tyrrell-Brown was present, director Comstock asked her to address the latter.
Chief Tyrrell-Brown said that these are not
new issues – the rights-of-way on the Mesa have been impeded to some extent
during the 26 years she has worked at the district, but the encroaching vegetation
wasn’t as big 26 years ago as it is today.
Many of the roads on the Mesa are now very narrow and overgrown,
allowing only one vehicle to pass. Chief
Tyrrell-Brown said she is “tremendously concerned” about fire safety on the
Mesa; when a fire occurs, she said, “we are going to focus on evacuation”. She noted that during the recent Valley Fire,
residents had only minutes to get out – they had double-laned paved roads to
travel on yet barely made it out alive.
She further noted that during the Oakland Hills fire, 24 of the 25 people
who died as a result of the fire were trying to escape. Chief Tyrrell-Brown said that other fire
departments have told her that their response vehicles will not go down the
Mesa roads as it would be unsafe to send personnel into such narrow spaces; as
such, responders would make a stand and help with evacuation. “We must take responsibility [and] remove
existing vegetation” in the rights-of-way, she said. The applicable state code requires that the
minimum roadway width is two ten-foot lanes, exclusive of parking areas. The BFPD goal is that every resident is
within one block of one of the widest roads (i.e., Poplar, Alder, Elm or
Evergreen)
Director Godino inquired whether there is any
grant money available to communities for fire fuel reduction. Chief Tyrrell-Brown said the BFPD recently
received a Fire Safe grant (which required a match) to reduce encroaching and
hazardous vegetation in the Yucca rights-of-way. She also has included her Bolinas “wish list”
of projects in the Marin County wildland fire protection plan so that if federal
grant funds become available, Bolinas will be eligible. She emphasized that the compromised roads and
fire safety are at a critical juncture for the community.
Director Comstock said that the Mesa Septic,
Flood Control and Roads Committee recommends that the BCPUD and BFPD work
together on a joint survey of the Mesa to identify and prioritize obstructions
and encroachments in the rights-of-way that require action. The committee further recommends that a plan
be developed to implement the needed actions (i.e., how to implement the
removal of specific obstructions and encroachments), along with an extensive
public outreach campaign to educate the community about the public health and
safety reasons for doing so. Director
Comstock emphasized that the committee is not proposing any changes to
Ordinance 30, but rather recommending the district obtain factual information
about the extent of encroachments in the rights-of-way and develop/build
consensus for an enforcement plan.
V. Amoroso/L. Comstock all in favor directing
staff to proceed to conduct a joint survey with the BFPD of the existing
obstructions and encroachments in the public rights-of-way on the Bolinas Mesa.
Turning to the letter to the BCPUD from Steve
Hodge, director Comstock summarized the
draft response prepared by the Mesa Septic, Flood Control and Roads
Committee. First, he addressed the
request from Mr. Hodge that the BCPUD reimburse him for the $1,050 he spent to
remove tree stumps in the Cedar right-of-way that remained from a tree removal
job several years ago. Director Comstock
noted that the staff had no objection and the committee recommends that he be
reimbursed by the BCPUD for this expense.
Next, he noted that Mr. Hodge has requested to be reimbursed $1,700 for
his cost of removing the newly planted trees and shrubs he had installed in the
Cedar and Alder rights-of-way per the BCPUD’s enforcement letter. Director Comstock noted Mr. Hodge’s stated
intention of “beautifying” the neighborhood with the plants, but said the
committee believes he knew the plants were in the rights-of-way; moreover, some
of the trees and other plants were installed on top of the district’s water
main. The Committee concludes that staff
followed established Board policy in requiring the removal of these plants and
the committee does not propose any reimbursement of costs incurred as a result
of Mr. Hodge planting in the public right-of-way, without permission, and in a
manner that obstructed the BCPUD’s access to its infrastructure.
Finally, director Comstock addressed the
portion of Mr. Hodge’s letter about his fence parallel to the Alder
right-of-way. Director Comstock said it
is clear Mr. Hodge is aware that the fence is in the Alder right-of-way and not
on his property line; this is a problem for the BCPUD because the water service
line and water meter for the property (both of which are located in the
right-of-way) are fenced in. With
respect to the County permit letter submitted by Mr. Hodge, director Comstock
said the committee believes Mr. Hodge has misunderstood this letter. While the County did not require Mr. Hodge to
move the fence to obtain his building permit, the County clearly states the
fence cannot be rebuilt there but must be relocated to the property line. The County has no jurisdiction to allow
property owners to maintain fences in the public rights-of-way and the letter
has no bearing on the BCPUD. At this
time, the committee recommends that the Hodge property be included with all
others on the Mesa in the joint BCPUD/BFPD survey and prioritized for action
accordingly; as such, the committee is not recommending that the fence must be
moved at this time. However, the BCPUD’s
standing policy continues to apply: if
the BCPUD needs access to the infrastructure that is fenced in, the fence will
have to be removed.
Discussion ensued. Director Smith noted that the County did not
handle the fence issue well and sympathized that Mr. Hodge likely did not
realize the County cannot permit the maintenance of obstructions or
encroachments in the non-County rights-of-way. Jennie Pfeiffer commented that the fence issue
is “disheartening” to her; she said she hates to see long rows of fences
appropriating public rights-of-way and feels that it is rude. She noted that once a fence goes in, then
buildings go in, then parking disappears, then space for drainage ditches
disappear . . . and it’s very difficult for neighbors to approach each other
about these topics. She said she feels
like the BCPUD Board is letting her down by saying this fence doesn’t need to
be moved now: “it’s not helping the rest of us to have narrow roads where you
can’t park and with no room for drainage ditches.” She acknowledged she sounded like “the bad
guy” and that she struggles with this issue.
Steve Hodge said he doesn’t think most people
know whether their fences are in the rights-of-way, or not. When he bought his property, he added to an
existing fence on the assumption that it was on the property line and then
built a shed behind it. When he later
applied for a building permit for his house, the County said the shed could not
remain where it was because it was in the right-of-way. He had a survey and it confirmed that his
fence (and the shed) were in the right-of-way – his point is, not many people
do surveys or have any knowledge about where the rights-of-way are. As for Ordinance 30 and the public health and
safety issues about encroachments in the rights-of-way, he said that he is very
supportive of fire safety and access to utilities, but has an issue with how
Ordinance 30 is enforced. Mr. Hodge said
that no one ever told him he would need to remove things from the rights-of-way
and his neighbors never said anything about any enforcement in the area. He said he knows where the water main in
Alder is and how deep it is; he knows the plants that they put in would not
interfere with access to it. As for the
plants on Cedar on top of the water main, he said the district plans to install
a new water main along a different pathway anyway. Finally, he said he walks around the Mesa and
sees plants that look new, so he feels that the enforcement of Ordinance 30 is
arbitrary and lacks consideration as to what type of plants are installed.
After further discussion, director Siedman
inquired whether any directors wanted to propose changes to the draft letter
from the BCPUD to Mr. Hodge. Director
Smith proposed minor changes.
L. Comstock/V. Amoroso all in favor to
approve the letter from the BCPUD to Steve Hodge, as amended by the changes
proposed by director Smith.
8.
Establishment of BCPUD Policy re: Expanded
Water Use Permit (Caps on Water Use) Applicable to Property Owners Building
Second Units on Existing Septic Systems.
Director Smith said that he would like to
propose that BCPUD adopt a policy regarding its expanded water use permit
process applicable to property owners seeking to build second units on their
property without expanding or replacing their septic systems. The County has indicated a willingness to
allow a second unit on an existing septic system if the amount of water allowed
at the property is set at a level that will not overload the existing
system. Director Smith proposes that the
property owner be required to grant permission for the Bolinas Community Land
Trust (“BCLT”) or its agent to obtain records of the property owner’s water
usage for purposes of assessing septic system loading AND accept a cap on water
use that would be the lesser of the confirmed capacity of the septic system or
the amount that otherwise would be granted pursuant to BCPUD resolutions 173
and 627. Discussion ensued with directors
expressing cautious support for such a policy.
Director Smith said it would start as a pilot project and the BCLT would
monitor the water usage, work with tenants, report to the County, and so forth. Chief Tyrrell-Brown requested that the
applicable fire roads be taken into account for the construction of second
units (likely required to install sprinkler systems) in connection with the
development of this policy.
9.
Marin Local Agency Formation Commission: Countywide
Water Service Study (Municipal Service Review – Draft Report, August 2015).
This item was deferred to the November
regular meeting of the Board.
10. Water
Supply Update.
Director Amoroso said that he has attended
recent meetings of the Mesa Park Board and it appears that the irrigation well
at the Resource Recovery site may need to be “developed” in order to reduce
silt in the well water during pumping events.
If the existing well cannot be effectively developed, a replacement well
may need to be installed. Discussion
ensued about the rate of pumping and possibility of seawater intrusion. The Board directed staff to confer with Mesa
Park about the status of the well, water use and the need to be as efficient as
possible when irrigating the ballfields.
11. Volunteer
Committee Reports.
--
Bolinas Lagoon Advisory Committee: Director Amoroso reported that
there is a controversy concerning the eucalyptus trees along Olema-Bolinas Road
that have fallen (or may fall) into the lagoon.
The Bolinas Lagoon Advisory Committee wants to remove the eucalyptus due
to the polluting impact of the trees but the County does not want to do
anything. Discussion is focused on
eleven specific trees that are leaning and likely to fall.
--
Downtown Parking & Traffic Committee: Director Amoroso said that the
parking situation downtown remains “terrible” even though the summer has long
concluded. Chief Tyrrell-Brown said that
although many people she has talked to support working on another parking plan,
her personal view is that the town needs enforcement and towing, not another
plan. She noted that the County is
writing a lot of tickets for illegal parking, but the $99 fine does not seem to
deter visitors from parking illegally anyway.
--
Resource Recovery: Notice of Violation from the Marin County
Environmental Health Services Departmen: Staff reported that the district received a
letter on October 6th from the Marin County Environmental Health
Services Division (“EHS”) detailing nine alleged violations at the Resource
Recovery Center site. Although the
Resource Recovery Center is a project of four districts (BCPUD, BFPD, Stinson
Beach Fire Department and Stinson Beach County Water District), the BCPUD
received this letter as the land owner. Of
the nine violations, five were for alleged failure to submit required lab tests
or other documents; BCPUD immediately re-submitted these documents (all of
which had been timely submitted but for some reason were not in County files) and
EHS acknowledged receipt. Two of the
“violations” concern setbacks allegedly not observed at the site; staff will delineate the setbacks in the
field and instruct RRC staff to observe them.
Finally, the remaining two violations concern work done to repair the
site berm (the County had instructed that the berm be repaired) and clear out
the perimeter drainage ditch to prepare for the rainy season; the County said
that permits were required for this work and instructed BCPUD to attend a
“Marin Project Coordination” (“MPC”) meeting to discuss applicable permitting
requirements with state regulators.
Staff attended an MPC meeting with representatives from WRA Associates
(an environmental consulting firm retained to assist with the permits) and
Wildscape Engineers (retained to prepare a report about the repair of the
berm); the district will now pursue “after the fact” permits with the Regional
Water Quality Control Board and the Army Corps of Engineers. Staff also met with EHS staff and confirmed
that EHS is satisfied that BCPUD has now addressed and cured (or is in the
process of curing) all violations detailed in the October 6th
letter. Staff noted that the estimated
cost of the consultant work needed to obtain the after the fact permits is
$20,000 and staff will seek equal contributions from all four participating
districts to cover this cost.
--
West Marin Mosquito Control Coordinating Council: Nothing further to report.
--
Land Stewardship Committee: Director Siedman said that the committee plans
to finalize its report to the Board this month.
12. Other
Business.
a. Board Committee Reports.
-- Finance:
Staff reported that the district’s
auditors are working on the audited financial statements for the 2014-15 fiscal
year.
-- Legal: Nothing to report.
-- Mesa Septic, Flood Control and Roads: Nothing
further to report.
-- Operations: Nothing
to report.
-- Park and Recreation: Nothing
further to report.
-- Personnel: Hiring Update. Staff reported that the candidate who was
offered the Shift Operator position last month had to rescind his acceptance
due to family medical and other issues.
The district therefore offered the position to Ryan Fitzgerald (who has
been on staff as a temporary utility worker), and he accepted it. The district also offered the temporary
utility worker position to Stew Oakander, and he accepted it.
-- Sewer:
Statement of Qualifications –
Allied Engineers, Inc. After a brief
discussion, the Board members expressed no objection to the statement of
qualifications submitted by Allied Engineers and instructed staff to move
forward.
b. Minutes
of the September 16, 2015 regular meeting.
L. Comstock/D. Smith all in favor to
approve the minutes of the September 16, 2015 regular Board meeting.
c. Warrants.
L. Comstock/D. Smith all in favor to
approve the warrant list.
d. Scheduling of Next Meeting(s):
November
18, 2015 at 7:30 p.m.
13. Adjournment.