Community Public Utility District
A Regular Meeting Of The Board
December 16, 2009 270 Elm Road, Bolinas
1. Call to Order.
Directors Amoroso, Bender, Kimball, Siedman and Smith
present; director Siedman presiding.
3. Certificates of Election and Oaths of Office for the
Newly Elected Members of the BCPUD Board of Directors.
Vice President Vic Amoroso administered the oath of office to newly elected
members of the BCPUD Board of Directors: Jack Siedman, Bobbi Kimball
and Kim Bender
4. Manager’s Report.
Staff reported that the Mesa Road Pressure Reducing Valve
Station project is nearing completion. The district’s contractor is
waiting for certain parts that are on backorder and will be back to finish
the project as soon as the parts are delivered. Staff will obtain an
extension of the district’s encroachment permit in light of the unanticipated
With regard to the district’s plan to extend its water
main north along Horseshoe Hill Road to improve service to customers in this
area, the California Department of Public Health (“CDPH”) has approved the
district engineer’s request to install a reduced size of pipeline.
As such, the engineering plans are complete and staff focus will turn to
planning the project. Due to current weather and staffing constraints,
this is likely to be a Spring project. An affected homeowner has raised
concerns about the cost implications for his service line relocation; staff
is working to obtain information for the homeowner and address his concerns.
Staff has made a preliminary decision to submit a readiness
certification to CDPH for financing to plan, design and construct an alternative
impound structure on the Arroyo Hondo to meet a required deadline; however,
the final decision whether to proceed has not been made.
The most recent data is in on water consumption in the
district and consumption on the Back Mesa is below last year; the Back Mesa
historically has the lowest consumption rates in the district. The
Board reviewed a chart prepared by Director Smith, which shows graphically
the pattern known to exist: consumption district-wide jumps up in the summer
Staff directed the Board’s attention to recent correspondence
sent to and received from CDPH: the district’s certification of compliance
with state chlorine disinfection byproduct notification requirements and
a letter dated December 10th from CDPH requiring the district to submit a
cryptosporidium monitoring plan by March 1, 2010 and to start monitoring
by April 1, 2010. Staff has raised questions about the letter with
CDPH because the treatment plant filters are designed to remove cryptosporidium;
unfortunately, that may not be sufficiently persuasive to CDPH to waive the
source monitoring requirement and preliminary estimates are that this testing
will cost $20,000 per year. Discussion ensued about the appropriate
district response to this new monitoring requirement; ultimately, Board directed
staff to communicate with CDPH and emphasize that the CDPH itself has approved
the specifications and log removal of the district’s membrane filtration
plant and that, combined with the district’s use of chlorine for disinfection,
should overcome the need for a very costly monitoring program. Finally,
staff noted that CDPH has raised its annual fees considerably from the historic
$728 to $3,522; staff verified that the Inverness PUD has received the same
On the wastewater side of operations, Pump Repair has
removed the nonfunctioning pump from the downtown lift station and has sent
it to the manufacturer’s factory for assessment; the pump is still under
warranty, but whether the cause of the pump’s problem is covered by the warranty
is still unknown. With regard to the collection system, staff met with
the district’s engineers last week to discuss the work underway to develop
recommendations for the district to relocate its sewer collection main off
of Terrace Ave at Surfer’s Overlook. The engineers’ recommendations
should be ready for the Board’s review at the January meeting.
The Board reviewed correspondence sent and received since
the last Board meeting, including a letter provided by the Bolinas Rod &
Boat Club and sent to the County’s Department of Public Works to express
the Club’s extreme concern about the deteriorating condition of the seawall
under Wharf Road and a letter of thanks from the Community Center for the
Board’s agreement to accept the Center’s donation of real property.
In financial news, staff reported that the fiscal year
2008-09 audit is almost complete and will be submitted in final form by the
auditors prior to the calendar year end. The district received its
first installment of annual funds from the County’s December 10th collection
and will transfer the appropriate amounts to the district’s designated funds
and checking account with Bank of Marin.
Finally, staff reported that operations crew recently
completed two safety classes (safe handling of asbestos pipe and defensive
driving) provided by ACWA/JPIA at the Firehouse Public meeting room.
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of
the BCPUD Building.
Staff is in the processing of retaining a structural engineer to review the
plan documents and recommend and necessary revisions.
-- Drainage Project Manager’s Report
Drainage Project Manager Lewie Likover submitted a written
5. Community Expression.
Diana Middleton McQuaid submitted an article for the Board’s consideration
regarding the depletion of the Central Valley groundwater table. Cela
O’Connor submitted a copy of testimony she plans to give on December 17th
at a Deputy Zoning Administrator hearing on Jon Carlin’s building project.
6. Petition for Vacation of Public Easement – 200 Pine
Gulch Road, Bolinas (Osterweis).
The Board received a letter from attorney Barry Epstein on behalf of John
Osterweis requesting comment from the BCPUD, if any, on Mr. Osterweis’ petition
for the County to vacate a portion of Pine Gulch Road. Consultant Carol
Whitmire was present and said that Mr. Epstein asked her to attend in the
event of any questions about the Osterweis petition. In response to
questions from the Board and public, Ms. Whitmire explained that the portion
of Pine Gulch Road in question is on paper only and has never been developed;
the existing access road already has been relocated to a location more than
100 feet from the creek, with special filtering and other preventative measures
installed to filter runoff. Ms. Whitmire also said that the Martinelli
family has reviewed the petition and have no objection to it; they have a
private easement to access their property. At the conclusion of public
comment, staff stated that neither the BCPUD nor the Bolinas Fire Protection
District staff have any concerns about the petition.
7. Marcotte Coastal Permit (CP10-18), Expanded Water Use
Permit Application, APN # 192-192-29, 201 Elm Road (to legalize a 200
sq. ft . addition to an existing 400 sq. ft. detached garage).
Director Siedman summarized the application and director
Amoroso noted that the property already is subject to a conditional expanded
water use permit limiting water use at the property to no more than 4,500
cubic feet per quarter. Director Kimball commented that no plumbing
fixtures are proposed for the addition.
V. Amoroso/B. Kimball all in favor
to re-affirm the terms of the existing conditional expanded water use permit.
8. McCarthy Coastal Permit (CP 10-15) and Minor Design
Review (DM 10-20), Expanded Water Use Permit Application; APN # 193-020-50,
60 Mesa Road (to legalize a 450 square-foot detached accessory structure;
a 640 square foot detached horse shelter; and, a 14-foot tall temporary screen).
Director Siedman said that this item was continued from
the November agenda to allow a neighboring property owner an opportunity
to speak to the project. John Bryant stated that he was present to
answer any questions, noting that a letter from the neighboring property
owner was submitted to the Board and speaks for itself. The Board proceeded
to discuss the details of the project and the proposed plumbing fixtures,
including a toilet and hose spigot. In light of the implications for
water use, director Kimball proposed granting a conditional expanded water
use permit with the limitation on usage set at the historic average use at
the property plus 50% or 500 cubic feet per month, whichever is less.
After further discussion about water usage at the property, director Kimball
revised her motion to propose a conditional expanded water use permit with
the limitation on usage set at an amount equivalent to last year’s usage.
B. Kimball/D. Smith all in favor to approve
a conditional expanded water use permit with the maximum quarterly water
usage limited to an amount equal to the prior year’s actual usage.
9. Expanded Water Use Permit Application, APN# 193-102-03,
51 Brighton Avenue (foundation retrofit, kitchen addition and interior remodel)
The applicant was not present to speak to the application.
Director Kimball said that any permit granted should be conditional because
new plumbing fixtures are involved. Director Smith said the project
seems to be primarily to save the house from collapse, replace the kitchen
and add 110 square feet; he does not believe the water use will increase.
Director Amoroso stated that he agrees any permit should be conditional because
of the scope of the proposed project and implications for increased water
use. He proposed approving a conditional permit with the limitation
on water use set at an amount equal to the district’s average household use
as no one has been living in the house during the prior year.
B. Kimball/V. Amoroso all in favor
to approve a conditional expanded water use permit based on the district’s
average household use.
10. Request for Financial Relief from Quarterly Water Bill pursuant to BCPUD
Resolution 553 – 295 Grove Road (J. Molyneux)
Dale Polisar was present to speak to the request; he noted
that director Smith had called him to explain that his request does not meet
the requirements of Resolution 553 because the amount of water loss attributable
to the leak is not 50% greater than in prior quarters at the same time of
year. Dale said he nonetheless wanted to appear to ask the Board to
reconsider its rules because they have made a tremendous effort to conserve
water, including installing water catchment tanks, limiting shower length
and using drip irrigation for vegetables. He said he feels it is grossly
unfair to be subject to an $800 water bill when most of the cost was due
to a leak that was promptly repaired. The Board examined data about
historic water use at the property and agreed that the most recent two quarters
prior to the quarter in which the leak occurred indicated real conservation
efforts during that time.
Director Siedman said he was entitled to exercise some
discretion to grant relief in light of the extraordinary conservation efforts.
Director Amoroso agreed he would like to do something to help but is not
sure what to do; Director Kimball concurred. Director Smith agreed
that there was real conservation in the past year, but he is concerned about
setting a precedent by granting relief when the applicant does not meet the
criteria of Resolution 553. The Board then reviewed its past decisions
under similar circumstances (undetected leak in outdoor plumbing).
Director Siedman proposed looking at water use during the past two comparable
quarters and then reducing the bill by an amount equal to half or a quarter
of the amount by which the most recent quarter exceeded that historic average
in which the leak occurred; he noted that the excess water usage was 2,000
cubic feet, so that would mean reducing the amount of the bill by the fees
charged for 1,000 cubic feet at the highest rate.
Director Amoroso said that he believes this is a hardship
case and he moved that the Board reduce the bill as director Siedman proposed,
by an amount equal to 50% of the overage attributable to the leak, based
on the prior two quarters during the same time of year. Director Kimball
seconded the motion. Director Smith noted that this result would be
consistent with the Board’s past decision on blind leaks.
V. Amoroso/B. Kimball all in favor to
grant financial relief in an amount equal to 50% of the amount attributable
to the leak, based on the prior two quarters in the same time of year, or
1,000 cubic feet.
11. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 71 Crescente (C. Spangler)
Director Siedman stated that the applicant requests relief
because a hose was left on at the property by a caretaker. Director
Smith stated that in prior similar cases the Board has granted relief in
the form of a reduction in the bill equal to 50% of the amount attributable
to the leak, based on the prior three quarters.
D. Smith/V. Amoroso all in favor to grant
financial relief in an amount equal to 50% of the amount attributable to
the leak, based on the historic usage during the prior three quarters at
the same time of year.
12. Appeal of Denial of Request for Financial Relief from
Quarterly Water Bill pursuant to BCPUD Resolution 553 – 5 Crescente
Director Siedman read a letter submitted by Kim Thorburn
requesting that the Board reconsider its denial of her request for financial
relief. She clarified that an irrigation system was not the source
of the leak as the Board previously surmised, but rather an outdoor hose
bib. Director Smith proposed that the Board reconsider its denial under
the circumstances and approve the same terms of relief granted to the prior
D. Smith/K. Bender all in favor
to grant financial relief in an amount equal to 50% of the amount attributable
to the leak, based on the historic usage during the prior three quarters
at the same time of year.
13. Expanded Water Use Permit: Notice of Non-Compliance:
- 270 Laurel Road (Vietor).
Janelle Davis was present on behalf of the property owners
and explained that she assists them with the property and recently discovered
a hose that was leaking; she replaced it and hoped it would solve the problem
of inexplicable high water use at the property. She also turned off
the irrigation system. After the owners received the district’s second
notice of non-compliance, they also installed a cistern to catch rainwater.
Finally, she said the next step will be to better monitor renter water usage
at the property. Director Smith expressed frustration at the repeated
water use violations at the property; he questioned whether the property
owners had been sufficiently responsive. Director Kimball concurred
and said staff should read this meter monthly so that so much time does not
pass with excessive water use. After further discussion, the Board
agreed the best approach would be to carefully monitor the water usage on
a monthly basis and try and pinpoint the source of the high usage.
14. Expanded Water Use Permit: Notice of Non-Compliance
- 59 Brighton Avenue (Perkins).
Staff summarized the content of letters sent to and received
from this property owner documenting non-compliance with the terms of the
expanded water use permit; at present, water usage at the property is down
and within the terms of the permit. Director Kimball said this meter
also should be read monthly to better monitor the water usage. Director
Siedman directed that staff inform Mr. Perkins that his meter will be read
monthly and request that he install lock-outs on his outdoor hose bibs.
15. Form of Letters to Realtors and Property Owners re:
Expanded Water Use Permits.
The Board reviewed draft forms of letters prepared by
Director Kimball and staff to local realtors and property owners concerning
expanded water use permits. The district wishes to remind realtors
that many properties in town are subject to these permits and this should
be a part of the disclosure process; the district also wishes to remind property
owners themselves of the terms of their permits. Board members offered
various suggested revisions to the forms of letter and directed that the
letters be sent out via certified mail, return receipt requested.
K. Bender/D.Smith 4 in favor, Amoroso
abstaining to approve forms of letters to realtors and
property owners with expanded water use permits, as amended.
16. Renewal of Kaiser Permanente Group Agreement for BCPUD Employees
(2010 Plan Year).
Staff reported that the annual agreement submitted by
Kaiser includes a 6% increase in premiums for the 2010 Plan year. While
any increase is less than desirable, this increase is relatively modest as
compared to past years and staff recommends approval. Staff further
suggested that the district perform an analysis of cost-control options for
health care costs and Director Kimball offered her assistance.
B. Kimball/K. Bender all in favor
to renew the district’s agreement with Kaiser Permanente Group.
17. Ordinance 38: Repealing and Replacing BCPUD Resolution
152 (Water Meter Transfer Resolution).
The Board reviewed draft Ordinance 38, which repeals and
replaces BCPUD Resolution 152 governing water meter transfers, and a staff
report concluding that the Board’s enactment of Ordinance 38 is categorically
exempt under CEQA Section 15303. Staff based its conclusion on a review
of the history of water meter transfers and an analysis of the impact of
future potential transfers on the district’s water consumption; staff analysis
concludes that the enactment of Ordinance 38 will not have a significant
impact on the environment under CEQA. Director Siedman suggested that
the reimbursement paragraph be revised to make clear that applicants are
not obligated to reimburse costs incurred by the district with regard to
a challenge of the ordinance itself and there was no objection. Discussion
then focused on the permit requirements, particularly the requirement to
record the expanded water use permit with the County, the requirement to
install water efficient appliances and the ban on outdoor irrigation systems.
Ultimately, the Board agreed that these provisions should remain in the ordinance.
Director Amoroso suggested deleting the first sentence in the permit requirement
section which mandates that a conditional expanded water use permit issue
for any water meter transfer; he noted it was theoretically possible that
a project would not require a conditional permit and it would be better to
simply state that an applicant must obtain all coastal, building and/or use
permits required by the County, Coastal Commission and the BCPUD (the latter
of which implicitly requires a water meter transfer applicant to apply for
an expanded water use permit). Former director McClellan noted that
any decision by the Board to issue an unconditional expanded water use permit
must be based on a finding that the project at issue has no implications
for water use, so director Amoroso’s suggested revision is consistent with
staff’s CEQA analysis. The Board then discussed specific revisions
to the permit requirement paragraph, consistent with director Amoroso’s suggestions.
D. Smith/B. Kimball all in favor approving
the staff report and directing staff to file a Notice of Exemption under
CEQA with the County of Marin.
K. Bender/D. Smith all in favor
to waive the reading of Ordinance 38.
B. Kimball/D. Smith all in favor to approve
Ordinance 38 with the changes agreed upon concerning the reimbursement and
The Board directed staff to agendize Ordinance 38 for
a second reading at the January 2010 regular Board meeting.
18. Ordinance 39: Amending Ordinance 29 (Regulating
the BCPUD’s Sewer System); Discuss Update of the BCPUD’s Sewer System Management
Staff presented a revised version of Ordinance 39 which
has been prepared by the district’s outside counsel to amend Ordinance 29
specifically to ensure that the BCPUD’s comprehensive system of wastewater
regulation meets all of the requirements of the State Water Resources Control
Board Order No. 2006-0003-DWQ and provides the BCPUD will all of the necessary
legal authority to implement its Sewer System Management Plan.
V. Amoroso/D. Smith all in favor to waive
the reading of Ordinance 39.
K. Bender/B. Kimball all in favor to
approve Ordinance 39.
The Board directed staff to agendize Ordinance 39 for
a second reading at the January 2010 regular Board meeting.
19. Resolution 586: In Support of Local Authority
over Siting Regulations for Cell Towers and Other Wireless Facilities.
Judith Elliott was present in support of Resolution 586;
after a brief discussion, the Board concluded it had no changes to the draft
resolution, which was based on resolutions recently enacted by several other
California local governments.
V. Amoroso/D. Smith all in favor to approve
20. Resolution 587: In Appreciation to the County of Marin for
the Installation of the Community Bicycle Path along Olema-Bolinas Road.
The Board reviewed draft Resolution 587, which expresses
the district’s appreciation to the County for the installation of the bike
path along Olema-Bolinas Road. Director Amoroso noted that there are
tasks not yet completed with respect to the path installation, including
the coloration of the asphalt path, the planting in the area between the
path and the road, and the removal of the former double yellow line on the
road. With regard to the latter issue, director Amoroso said the conditions
near the top of the hill are very confusing right now, especially at night,
because both the old and new double-yellow lines are showing. Discussion
ensued about these issues and staff was directed to bring them to the attention
of the road crew and inquire as to next steps. Director Smith said
that while the resolution may be premature right now, when all issues are
resolved the Board should pass this resolution because Supervisor Kinsey
worked very hard to make this project happen and the County’s Department
of Public Works did a great job with the installation. Director Kimball
suggested also sending a thank-you letter to the Buells; Director Smith concurred
and said that their input resulted in a better project.
21. Volunteer Committee Reports
-- Alternative Energy: Nothing to report.
-- Bolinas Lagoon Technical Advisory Committee: Director Amoroso reported
that the Committee ultimately decided not to take a position on Advisory
Measure H (the Bolinas Beach full-time camping ban measure). The Committee’s
restoration project to remove vegetation from Kent Island is on hold for
-- Downtown Parking & Traffic Committee: Director Amoroso reported
that the County planners were in town on December 1, 2009 to meet with the
community about the Local Coastal Plan (“LCP”) Update process; the planners
stated that they intend to recommend that the Bolinas Downtown Parking &
Traffic Plan be incorporated into the LCP.
-- Resource Recovery: The Board received the minutes of the most recent RRP
-- Terrace Avenue/Alternative Access Road Committee: Director Siedman
reported that he spoke recently with Supervisor Kinsey who called to apologize
for the lack of communication from the County on the topic of Terrace Avenue
at Surfer’s Overlook and said he is working with the Department of Public
Works to set up a meeting with Bolinas representatives in late January.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Nothing to report.
22. Other Business
a. Board Committee Reports
-- Finance: Director Amoroso said it is time to schedule a Finance
Committee meeting; he, director Kimball and staff tentatively agreed to January
12, 2010 at 10:00 a.m. The Committee will consider input from staff
and discuss potential expenditures of district funds obtained from the sale
of the Pine Gulch Creek property. Director Siedman asked the committee
to then make recommendations for the consideration of the full Board.
-- Legal: Nothing to report.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: Director Siedman reported that the Mesa Park
Committee met the previous Monday evening and decided to sell one of the
three water meters currently attached to the Downtown Park property.
The Committee also decided to apply for a Community Development Block Grant
to fund the cost of installing electrical power at the irrigation well site
and lay piping to bring irrigation water to Mesa Park. Director Smith
said he spoke extensively with Mesa Park board member Bryan Lee about how
to reduce the cost of the electrical installation. Director Siedman
also reported that Mesa Park is proceeding with the steps necessary to hold
elections for the Board seats; if all goes as planned, three seats will be
up for election in November 2010. Director Amoroso inquired whether
Mesa Park plans to build a caretaker’s cottage; Director Siedman said
no. Director Kimball said she recently spoke with Alethea Patton about
the possibility of using Americorps volunteers to clear acacia on the hill
above the Downtown Park site.
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the November 18, 2009 Regular Meeting.
Directors Kimball, Amoroso and Smith offered corrections
to the draft minutes.
D. Smith/B. Kimball 4 in favor; Bender abstaining
to approve the minutes of the November 18, 2009 regular
meeting, as amended.
B. Kimball/D. Smith all in favor to approve
the warrant list.
d. Scheduling of Next Meeting(s)
January 20, 2010 at 7:30 p.m.