Bolinas Community Public Utility District
A Regular Meeting Of The Board
Of Directors
November 17, 2010 270 Elm Road, Bolinas
1. Call to Order.
7:32 p.m.
2. Roll.
Directors Amoroso, Bender, Kimball and Siedman; director Smith absent.
Director Siedman presiding.
3. Manager’s Report.
-- Update on the Agreement for Geotechnical Engineering Consulting Services
– Terrace Avenue Bluff Stabilization Project; Review Petition of Support
from Bolinas Residents
Staff reported that the geotechnical site assessment of the bluff at Surfer’s
Overlook is scheduled for November 30, 2010. The work will involve
use of a boom lift, both on the beach and from Terrace Avenue, from which
engineers will perform their evaluation of the bluff. BCPUD staff will
provide traffic control while one lane of Terrace is closed when the boomlift
is stationed there and residents who access their homes via Terrace have
been notified about the lane closure. In addition, subcontractors will
be on-site to perform a seismic refraction evaluation to determine the depth
at which competent material is located under the sand.
Staff requested that the Board President execute a revised Memorandum of
Understanding with the County of Marin to reflect the increased financial
commitments each party is making to engage the geotechnical engineers for
the site assessment work. The Board previously approved the BCPUD’s
increased financial commitment at the September meeting. There was
no objection and director Siedman signed the MOU.
The Board reviewed a petition submitted to Supervisor Steve Kinsey by 63
residents of the Terrace Avenue neighbor hood to express their strong support
and encouragement for joint BCPUD/County efforts to preserve Terrace at Surfer’s
Overlook. The petition further requests that the County develop a contingency
plan to re-open the top of Terrace near Overlook Road in light of the time
likely needed to implement the stabilization project.
Staff reported that there is still no word from the State of California on
the loan financing to move the district’s water main off of Terrace Avenue.
The district has paid its engineers more than $30,000 for their plans and
specifications, which the State required the district to submit by July 23,
2010 to be eligible for the funding; the district will recoup these
fees when the loan is funded.
On the water side of operations, consumption in the most
recent quarter on the mid-Mesa was down slightly from the same time in 2009;
as such, this is the lowest consumption on record for the last five years
– no doubt due to a foggy summer and early Fall rains. Thus far in
the season, the district has received approximately 5.4 inches of rain at
the office and over 6 inches out at the water treatment plant.
The Board reviewed a letter from the California Department
of Public Health accepting the district’s revised lead and copper sampling
results, all of which were below state action levels. As a result,
the district is in compliance with applicable requirements and is not required
to resample for another three years.
John Haaf, the district’s ACWA/JPIA representative, visited
the district today to check in, plan for on-site training classes in February
and March (trenching and shoring, field ergonomics), and discuss certification
for one of the district’s operators to conduct asbestos/concrete pipe safe
handling training.
Staff requested the Board’s guidance on how the district
should handle an obstruction in the Zebra right of way. The crew recently
encountered significant difficulty locating a leak on the district’s water
main in the Zebra right of way near its intersection with Yucca Road.
The difficulty was presented by the fact that a resident has constructed
a yurt, sweat lodge, patios and assorted additional structures well into
the Zebra right-of-way and on top of the district’s water line. Staff
ultimately determined that the leak was caused by the resident driving rebar
into the ground for the sweat lodge, which punctured the water line.
This matter therefore involves obstructions in the right-of-way and customer
negligence causing damage to the district’s infrastructure, all of which
led to significant cost to the district. The Board directed staff to
prepare a letter explaining this to the property owner and demanding that
the encroachments be removed as soon as possible.
The Board reviewed a letter from customer Kimberly Goosherst
asking if she can request a variance to her expanded water use permit;
the Board instructed staff to include an item to consider such a request
on the December agenda.
Staff presented an estimate for additional electrical
work needed at the Bolinas Children’s Center; specifically, new wiring to
the Center’s furnace and new wiring upstairs, for an additional cost of $1830.
Staff recommended that the work be performed and the Board had no objection.
On the wastewater side of operations, spray season concluded
November 15th (although the district had ceased spraying as of November 8,
2010). Staff met with electrical engineer Dave Thomas of DCV Consultants
in Petaluma and authorized the design work for the electrical panel replacement
at the sewer ponds to proceed. The estimated cost is approximately
$2,400. The engineer has recommendations for several firms qualified
to build and install the new panels; the district likely will issue an RFP
for the installation work, which will include two new flow meters to better
measure flow into the ponds, and flow out of the ponds to the spray fields.
The Board reviewed correspondence sent and received since
the last regular Board meeting, including a notice from Kaiser Permanente
about a 15.56% increase in premiums for the 2011 plan year.
-- Drainage Project Manager’s Report.
The Board reviewed a report from Drainage Project Manager Lewie Likover about
a recently instituted “culvert clearing” service offered by the district,
which has proved to be very popular with residents.
Director Kimball commented that she has given thought in recent weeks to
the amount of time required for staff to prepare letters that are requested
periodically from the district on topics not related to the district’s core
mission of providing water, wastewater, solid waste and drainage services.
She requested that an item be included on the December meeting agenda to
discuss guidelines for the district to adopt and which must be followed in
such circumstances so that staff time is minimized.
Director Amoroso noted that the gate at the Brighton Beach entrance is nearly
fully replaced; the replacement posts have been set and the gate will
be installed when the concrete is set.
4. Community Expression.
Dale Polissar said he would like to discuss the mowing and tree-cutting the
district recently conducted on the eastern end of the sewer pond property.
He acknowledged discussing his concerns with staff as well as Chuck Oakander
(whose company did the tree removal) and said he appreciated that discussion,
as well as the public health and safety issues (i.e., illegal camping and
medical emergency calls) that motivated the work. Dale expressed concern
about the reduction in “wild areas” within Bolinas and pleaded with the district
to do less, rather than more, in the way of brush and tree removal – particularly
when the fire fuel reduction project is implemented next Fall.
He also asked if the district would remove the “poles” left standing after
hazardous limbs were removed from four cypress trees. Director
Amoroso suggested that the district agendize the topic of the fire fuel reduction
project for community discussion at a future meeting, perhaps in January.
Director Siedman asked staff to request an estimate to drop the four “poles”
in place.
Cela O’Connor inquired about the status of the letter
she requested be sent to the Planning Commission in opposition of the Bolinas
village boundaries proposed for the updated Local Coastal Plan. Staff
acknowledged the delay in sending out the letter and said it will be sent
as soon as possible.
Wilber told the board he was a friend of Arthur Okamura
and would like to install a sculpture in the district spray fields on Mesa
Road, across from the Firehouse. He was asked to create plans and a
sketch of the proposed sculpture for the Board’s consideration at a future
meeting.
5. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 77B Olema-Bolinas Road (McFarlin-Perron).
Tenzin Alatsang appeared on behalf of the property owner, Heather McFarlin-Perron.
He explained that he is the caretaker for the property, but was out of the
country in Tibet when the leak occurred. In brief, a water tank on
the property malfunctioned during this period and water overflowed for an
unknown period of time. The tank is not visible from the main house
and his nephew, who was living there at the time, did not realize the problem.
As soon as Tenzin returned from Tibet, he checked on the water tank and realized
that it was malfunctioning. He shut it down immediately and arranged
for it to be repaired, which took a couple of weeks. He also replaced
the pressure tanks and is installing a new alarm system on the tank.
Director Amoroso asked why the property has a water tank; Tenzin said it
was there when the property was purchased a few years ago because the pressure
delivered at the meter is not sufficient at the house (which is up hill at
the back of the property). In response to additional questions, Tenzin
explained that it is a 5,000 gallon tank and that the water is plumbed to
the houses on the property (there are three residences), as well as to the
automatic sprinkler system, and used for horses. Tenzin said that Ms.
McFarlin-Perron is aware of the water shortage in the district and frequently
instructs him to be careful about water use.
Director Kimball expressed strong concern at the amount of water loss at
the property – over 85,000 cubic feet, which is more than 650,000 gallons.
She noted that historic records of water use at this property are extraordinarily
high, far more than most residences in town, although consumption did come
down significantly after the mandatory rationing period in early 2009.
She said that the district does not grant financial relief for landscape
irrigation malfunctions and she is inclined not to grant relief here.
Discussion ensued about the water tank and why it is in use. Discussion
then refocused on the water loss and historic consumption patterns at the
property. Director Kimball asked what the water is used for; Tenzin
explained it is for the three houses, the landscaping and horses. Director
Kimball said that most of the water use must go to irrigation and livestock,
since Tenzin and his family are the only full-time residents. Director
Amoroso said that perhaps the district should revisit the terms of the expanded
water use permit applicable to the property. Discussion ensued about
that suggestion and also how to figure out the amount of water loss attributable
to the leak. Director Kimball noted that the district generally looks
at the prior three quarters of water use during the same time period and
that the average use during the same quarter at this property was 16,100
cubic feet; if this amount is subtracted from the 85,000 consumed during
the quarter at issue, that leaves 69,000 cubic feet of water loss attributable
to the leak. She reiterated that she is not inclined to grant relief
in this case because a mechanical failure like this is much like a automatic
sprinkler failure and the district does not grant relief for the latter.
Staff suggested that it might be helpful to the Board to provide the property
owner an opportunity to appear and answer questions relating to historic
water use, the purpose of the water tank, how water is used at the property,
etc. The Board agreed and staff was directed to continue the item to
the December agenda and contact Ms. McFarlin-Perron and ask her to attend
the December meeting.
6. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 46 Wharf Road (Setrakian).
The Board reviewed a letter submitted by Rob Setrakian requesting leak relief
for a water loss due to a blind leak on the service line outside the house,
which was immediately repaired when discovered. Director Kimball noted
that in most past cases involving blind leaks, the Board has reduced the
bill by the increment due to the leak and she recommended the Board do so
in this case.
B. Kimball/K. Bender four in favor/director
Smith absent to reduce the quarterly
water bill by an amount attributable to the leak, based on the prior three
years of usage during the same quarter of the year.
7. North Bay Corporation (dba Redwood Empire Waste Disposal)
Request for Rate Adjustment effective January 1, 2011.
Steve McCaffrey was present on behalf of Redwood Empire Waste Disposal.
He reminded the Board that the company did not request a rate increase the
prior year because the CPI was close to flat in the Bay Area. Accordingly,
this year the company requests that the rate increase reflect both the 2009
and 2010 CPI; taken together, this results in a modest 0.96 % rate increase.
In addition, the company is asking to pass on a fee now being charged to
the company by the JPA Zero Waste program to fund its outreach and education
efforts to encourage more recycling; the cost of the JPA Zero Waste fee results
in an additional 0.83% rate increase. Steve explained that there are
many benefits to the Zero Waste Project and that all Marin communities have
accepted it, with the exception of Novato. Director Kimball noted that
taken together, the total rate increase requested is 1.79% and she moved
that the Board approve it; director Amoroso seconded the motion.
B. Kimball/V. Amoroso four in favor/director Smith
absent to approve Redwood Empire Waste
Disposal’s request for a rate adjustment of 1.79% effective January 1, 2011.
8. Request for Letter from BCPUD to the California Coastal
Commission Regarding the 2010 Repair and Re-Armoring of Seadrift Revetment
(O’Connor).
Cela O’Connor said that the consultants to Seadrift are claiming that the
current re-armoring of the seawall is “ordinary maintenance” within the meaning
of the settlement agreement. She said that they further claim they
are just replacing existing rock – but Cela questions where the pre-existing
rock is now such that 4,000 tons more rock is necessary. She points
out that the settlement agreement says there should be no increase in footprint
of the existing wall, but the footprint must be increasing as earlier rock
is sinking and more is being piled on top. Cela said that technology
must exist whereby the footprint of the wall can be documented. Also,
the original 1982 seawall did not include the last two houses on the spit
because they were not yet built at the time; now, however, the wall is extended
down to include them. Cela said it is important to see the consultant
report that requests Coastal Commission staff approval of the current rearmoring
as “ordinary maintenance” and also see what the Coastal Commission staff
has agreed is acceptable. Cela seeks the BCPUD’s assistance in getting
the report and Coastal Commission staff report; she also wants copies of
any documentation of phone calls between the consultants and Coastal Commission
staff.
Director Kimball said that she is inclined to support the request in view
of the BCPUD’s responsibility for the groin and director Amoroso’s involvement
with the Bolinas Lagoon Technical Advisory Committee (“BLTAC”); she moved
that the district request the Noble Report, the Coastal Commission staff
report, and copies of any communications between Coastal Commission staff
and the Noble consultants. Director Amoroso seconded the motion and
said the topic of the revetment re-armoring came up during the last BLTAC
meeting and he is personally convinced the footprint of the revetment is
expanding as a result of the repeated re-armoring. Cela stated that
she feels that an EIR should be required for continued placement f rock on
the beach in light of the amount of sand being pushed into the lagoon.
B. Kimball/V. Amoroso four in favor/director Smith absent
to send a letter requesting the Noble Report, the Coastal Commission staff
report, and copies of any communications between Coastal Commission staff
and the Noble consultants.
9. Memorandum of Understanding between the Marin County
Department of Public Works and the BCPUD Regarding the Olema-Bolinas Road
Community Path Improvement Project.
Director Kimball stated that at the October meeting she had apprised the
Board that the next step on the bike path median strip planting project would
be to negotiate a Memorandum of Understanding with the County Department
of Public Works (“DPW”) and the Parks and Open Space District for the
project. Director Kimball spoke with Ron Miska at the Parks and Open
Space District and confirmed that because the median is entirely within the
County right-of-way, it is the sole responsibility of the County DPW and
the Parks and Open Space District need not be involved. Bob Beaumont
at the County DPW concurs. Accordingly, the MOU will be between the
County DPW and the BCPUD. The draft MOU in the Board binders was sent
to Bob Beaumont for review and he said it looks good but must be reviewed
by his staff; director Kimball expects to hear further from him soon.
Director Kimball reported about various local residents with whom she is
consulting on the project and/or who have agreed to help. The estimated
budget for the project is $40,000; most of that is “in kind” volunteer services.
The remainder is the costs of plants, erosion control materials and pavers
(which will be installed in the sections of the medians over which residents
want to be able to drive). Director Kimball said she plans to ask the
BCPUD for a financial contribution of $5,000 toward the project once she
knows whether certain funding sources to which she has appealed will contribute
funds. She asked the Board for authority to expend up to $10,000 in
BCPUD funds in advance of formal approval of a contribution to purchase materials
if the County by any chance is prepared to proceed with the project prior
to the December Board meeting. Director Siedman asked if $5,000 would
be repaid; director Kimball confirmed that it would.
K. Bender/V. Amoroso four in favor/director
Smith absent to approve the Memorandum of Understanding
between DPW and the BCPUD
K. Bender/B. Kimball four in favor/director Smith absent
to approve an advance of $10,000 toward the bike path planting project, contingent
upon at least $5,000 of that amount to be repaid to the BCPUD.
10. Land Use/Lease/License Agreements between BCPUD and
Mesa Park, Resource Recovery Project and Gospel Flat Farms.
Director Siedman said that he has spoken with staff about the need to get
formal agreements either in place or updated with the various entities utilizing
BCPUD lands. Discussion ensued about providing a full opportunity for
other interested parties to propose uses for these sites. In general,
the Board members concurred that current tenants should be given a reasonable
lease period for an initial term and that the leases should be written to
provide that at the time of renewal, the BCPUD will invite additional proposals
for use of the land. The Board further agreed that staff should prepare
leases modeled on the goat farm lease for the Board’s approval.
V. Amoroso/B. Kimball four in favor/director Smith absent
to authorize staff to prepare lease agreements with Mesa Park, Resource Recovery
and Gospel Flat farms for the Board’s review and approval.
11. Grant Amendment/Mesa Park Irrigation Project – Direct
BCPUD General Manager to Complete Environmental Review.
Staff reminded the Board that Mesa Park is seeking to amend its grant from
the State Department of Parks and Recreation to use water from the irrigation
well at the Resource Recovery site as the water source for the ball fields
at Mesa Park, rather than reclaimed wastewater from Pond 3 of the BCPUD’s
wastewater treatment ponds. The State Department of Parks and Recreation
has instructed Mesa Park to submit updated CEQA information, budget estimates
and plans. To that end, Mesa Park engaged a licensed hydrologist to
conduct an analysis of the well and staff is now preparing materials for
an Initial Study and Notice of Intent to Adopt a Negative Declaration, which
will include the well report, a thorough description of the project, and
maps and diagrams. Staff requested Board approval to issue the Initial
Study and Notice of Intent as soon as those documents are complete in order
to start the 30 day review period. The Initial Study and Notice of
Intent will be circulated to interested parties and sent to the State with
other requested items to initiate the grant amendment request process.
Director Kimball suggested the Board approve staff circulating the materials
first to the Board for a determination of whether a special meeting should
be held to discuss the documents; if not, the Initial Study and Notice
of Intent can be issued.
V. Amoroso/B. Kimball four in favor/director Smith absent
to authorize staff to complete the environmental review process, subject
to review by the Board prior to issuance for determination of whether a special
meeting is necessary to discuss the documents.
12. Horseshoe Hill Road Water Main Extension Project: (1) Approve
Amended Agreement with Property Owners for Installation of Water Main to
150 and 190 Horseshoe Hill Road; (2) Resolution 594: Approving Form
of Contract Documents for the Horseshoe Hill Road Water Main Extension Project
and Awarding a Contract for the Project to the Lowest Responsible Qualified
Bidder, Subject to Certain Conditions.
Staff reported that the Horseshoe Hill Road water main extension project
is bid out, the lowest responsible bidder is identified and that the remaining
hurdle to overcome to start the project is to reach an agreement with the
property owner at 150 Horseshoe Hill Road regarding payment for the work.
In the Board binder is staff’s recommendation, and an agreement in principle
with the property owner, that the BCPUD will pay all costs of the project
except for the following: the cost of the water main from 16 Horseshoe
Hill Road to 150 and 190 Horseshoe Hill Road and the cost of meter installations
at 150 and 190 Horseshoe Hill Road ($90,505) and associated costs for necessary
work on Gospel Flats (i.e., installation of individual pressure reducing
valves and service line replacements, to be capped at $14,000). The
property owner will provide a cashier’s check for $90,505, payable to BCPUD,
and will pay the remainder on a time & materials basis when the costs
are known, subject to the cap of $14,000. The property owner has requested
a provision in the agreement to the effect that if the district should ever
approve another connection to the water system on the section of water main
this property owner has paid to install, that the BCPUD shall charge that
customer a connection fee reflective of an appropriate share of the capital
cost of the water main, with said amount to be remitted to the property owner.
Director Amoroso queried how the district would determine the amount of that
fee; after some discussion, staff was instructed to confer with legal counsel
for advice.
K. Bender/B. Kimball four in favor/director
Smith absent to authorize staff to execute an amended agreement
with the property owner regarding payment for the installation of the water
main to 150 and 190 Horseshoe Hill Road, subject to the receipt of legal
advice concerning the future connection fee.
Staff requested approval of Resolution 594, whereby the district awards a
contract to Team Ghilotti, the lowest responsible bidder for the project,
subject to the district’s execution of an agreement with the property owner
and receipt of a cashier’s check for $90,505.
K. Bender/B. Kimball four in favor/director
Smith absent approving Resolution 594.
13. Resolution 595: Supporting ACWA Policy Principles
on Implementation of State and Federal Endangered Species Act.
Director Kimball said that she supported including this item on the agenda,
but became concerned after she read the ACWA policy principles the district
is being asked to support as the principles seem to compromise Endangered
Species Act implementation on a federal and state level in order to increase
water deliveries via the Delta. She suggested that the district contact
Assembly-Member Jared Huffman’s office for advice. The Board concurred
and the item was continued to the December meeting.
14. Volunteer Committee Reports
-- Alternative Energy: Staff reported that a problem with one
of the invertors at the sewer pond solar site was discovered by SPG Solar
during a routine inspection and maintenance visit; the invertor was replaced
under warranty.
-- Bolinas Lagoon Technical Advisory Committee: Nothing to report.
-- Downtown Parking & Traffic Committee: Director Amoroso requested staff
to inquire with the County Local Coastal Update planners about the status
of the Downtown Bolinas Parking Plant. Director Bender said that she
has received numerous inquiries from downtown residents about the plan; these
residents support the concept of permit parking downtown.
-- Resource Recovery: Notice of Decision by Deputy Zoning Administrator:
The Board reviewed the Notice of Decision by the County’s Deputy Zoning Administrator
adopting a Mitigated Negative Declaration under CEQA for the Resource Recovery
Center. The Board also reviewed a written loan agreement between the
BCPUD and the Resource Recovery Center for the $30,000 loan made to the center
by the BCPUD earlier in 2010 for the removal of hazardous trees.
-- Terrace Avenue/Alternative Access Road Committee: Nothing further
to report.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball reported that the West Nile Task Force will not meet again
until 2011 and that the County’s Public Health Director, Fred Schwartz, has
announced his retirement. The West Marin Mosquito Control Coordinating
Council met recently and reviewed treatment data provided by the Marin/Sonoma
Mosquito & Vector Control District and confirmed that all reported treatments
have been conducted in accordance with the non-toxic protocol agreement.
The treatment data reveals that Agnique was used for the first time to treat
enclosed fish ponds and that most of the treatments in Bolinas have been
performed at the sewer ponds and at the Bolinas Lagoon. Director Kimball
noted that Ron Keith has announced his retirement from the Marin/Sonoma Mosquito
& Vector Control District and that Jim Wandersheid has given one-year
notice of his planned departure from the district; the district plans
to conduct a national search to replace him. The next planned meeting
of the Council is scheduled for May 2011.
15. Other Business
a. Board Committee Reports
-- Finance: First Quarter Financial Report. Staff reported
that the first quarter financial report is delayed due to a problem with
the Quickbooks program; the report will be provided to the Board at
the December meeting.
-- Legal: Director Siedman reported that he and director Smith are
working on revisions to Ordinance 30.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: The Board reviewed a request from Mesa Park
for the BCPUD to reappoint Bryan Lee to another term as one of the BCPUD-appointees
to the Mesa Park Board; staff will include an item for the Board to
consider this request at the December meeting. Director Siedman reported
that there was good news on the pending permit application for the Downtown
Park improvements; specifically, the County has dropped requirements
for stormwater retention facilities and certain sidewalk improvements – the
permit is now expected to be issued soon.
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the October 11, 2007 Special Meeting; Minutes of the October
29, 2008 Special Meeting; Minutes of the September 15, Regular Meeting; Minutes
of the October 20, 2010 Regular Meeting
B. Kimball/K. Bender three in favor/director
Amoroso abstaining/director Smith absent
to approve the minutes of the October 29, 2008 Special Meeting.
Director Kimball requested that the draft minutes of the September 15, 2010
regular meeting be revised to reflect that Margarate Graham, the newly appointed
West Marin representative to the Marin/Sonoma Mosquito & Vector Control
District, is from Tomales. There was no objection.
K. Bender/B. Kimball three in favor/director
Amoroso abstaining/director Smith absent
to approve the minutes of the September 15, 2010 regular meeting, as amended.
Director Kimball offered clarifying corrections to the minute of the October
20, 2010 regular meeting.
K. Bender/B. Kimball three in favor/director
Amoroso abstaining/director Smith absent
to approve the minutes of the October 20, 2010 regular meeting, as amended.
c. Warrants
B. Kimball/K. Bender four in favor/director
Smith absent to approve the warrant list.
d. Scheduling of Next Meeting(s)
December 15, 2010 at 7:30 p.m.
Staff reminded the Board that the annual BCPUD holiday party is scheduled
for December 10, 2010, beginning at 5:30 p.m.
16. Adjournment.
10:40 p.m.