Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
December 19, 2007     270 Elm Road, Bolinas

1.     Call to Order

    7:32 p.m.

2.     Roll

    Directors Amoroso, Kimball, McClellan, Siedman and Smith present; Director Siedman presiding.

3.     Manager’s Report
Staff reported that the recent rains have been very beneficial for the district’s water supply and that conditions in the Arroyo Hondo Creek watershed look very good.  Operations staff continue to fine-tune the upgraded equipment at the water treatment plant, which is fully operational and running well.  The most recent round of quarterly metered water bills have been sent out and consumption is down approximately 26,500 cubic feet from 2006 levels; the amount billed increased by only about $600 under the district’s revised tiered water rates.

On the wastewater side of operations, staff reported that the North Marin Water District (“NMWD”) has inquired whether BCPUD would be interested in responding to an RFP for the operation and maintenance of the Oceana Marin wastewater system.  The NMWD is seeking to contract out the operations of the system and the Board of Directors of the NMWD asked the district’s Operations Manager to bring the matter to our attention.  Staff recommended against responding to the RFP for several reasons, including but not limited to the limited BCPUD staff resources.

    Staff attended a recent conference in San Diego on Sewer System Management Plans (“SSMPs”); the district is required to have such a plan in place by May 2008 and, accordingly to state regulation, the plan must be Board-approved.  Staff plans to have a schedule for the SSMP to distribute to the Board at the next regular meeting.  The SSMP is required pursuant to a recent Waste Discharge Order (“WDR”) issued by the State Water Resources Control Board (“SWRQB”) that also mandates monthly on-line reporting of any sewer overflows to the SWRQB. 

The Board reviewed correspondence sent and received since the last regular meeting.  Director Siedman inquired whether there has been any response by the County regarding vegetation removal at 395 Yucca Road; staff said no.  The Board directed staff to follow-up with County enforcement personnel.

    Staff directed the Board’s attention to correspondence from the Ratto Group, which followed-up on a personal visit to the BCPUD offices from Ratto Group representatives Steve McCaffrey and Pam Davis, confirming that all former Waste Management drivers in Bolinas have been offered jobs, all Bolinas drivers will continue on their routes, employee seniority will be honored, and employees will have improved benefits because the Ratto Group pays for employee and dependent health care and provides a generous 401(k) employer contribution (25%).  

    Staff noted that the BCPUD’s draft audit arrived that day; the Board directed staff to execute the representation letter, to request Bunker & Company to finalize the audit, and to agendize the audit for approval by the Board at the January meeting.  Finally, staff reported that LAFCO has issued a Call of Nominations: for the LAFCO Alternate Special District Member; nominations will be received through February 13th.  The Board agreed to agendize the item for discussion at the January regular meeting.

-- Update on TBWC Integrated Coastal Watershed Management Plan – Project Selection Process:  Approve Retention of SPH Associates Consulting Engineers to Design Chlorine Disinfection Byproduct Treatment Facility

Staff reported that the Tomales Bay Watershed Council (“TBWC”) was invited by the State to apply for $4.3 in implementation grant funding due to the high scores given to the TBWC’s Integrated Coastal Watershed Management Plan.  The TBWC Project Subcommittee met in late November to decide upon the most competitive suite of projects to submit for implementation grant funding in light of the state criteria to be applied to funding proposals.  Two projects submitted by the BCPUD made the “short list” of six projects (out of more than 70 projects submitted):  a proposed demonstration project to reduce/eliminate chlorine disinfection byproducts in the district’s treated water (which the BCPUD will be partnering with the IPUD to submit) and a proposed stormwater quality enhancement project for the Big Mesa/Duxbury Reef (which the BCPUD will be partnering with the National Park Service and the County of Marin to submit).  Staff will be devoting considerable time to these funding proposals in upcoming weeks to meet a state deadline of January 28, 2008. 

With regard to the chlorine disinfection byproduct proposal in particular, the BCPUD and the IPUD are working together diligently to submit a joint implementation grant funding proposal; this makes sense due to the many similarities between the two districts (size of district, number of customers, water filtration process, amount of financial resources, capacity of staff, etc.) and the fact that they have the same problem (chlorine disinfection byproducts in treated drinking water in excess of federal and state standards).  The districts’ general managers recommend that the districts jointly retain SPH Associates to prepare a report to support the implementation grant funding request and design a pilot project which the districts will use to confirm the engineering recommendations; an agreement setting forth the districts’ intentions in this regard is included in the Board book.  The California Department of Public Health (“DPH”) is closely tracking the districts’ work and will need to approve any proposed project before it is implemented.  IPUD and BCPUD administrative and field staff are collaborating closely; staff met last week with SPH Associates, toured facilities, and conducted additional water sampling and met this day with a technical writer to go over funding proposal criteria. 

J. McClellan/D. Smith        all in favor    to approve the BCPUD and IPUD agreement to work together on the Prop. 50 implementation grant funding proposal.

With regard to the stormwater quality enhancement project, the County of Marin has agreed to take the lead on preparing this implementation grant funding proposal.  In brief, the proposal has three components:  (1) implementation by the National Park Service of livestock and trail best management practices for the northern end of the Duxbury Reef ASBS to reduce sediment loading; (2) facilities improvements by the County of Marin at Agate Beach (retrofit of the parking lot, removal of one or more culverts and potential installation of a bioswale to remove pollutants); and (3) completion and implementation of a Mesa-wide stormwater management plan (including updated survey data and engineering recommendations) to improve the quality of stormwater as it travels from its points of origin on the Mesa to the ultimate discharge locations over Duxbury Reef.   BCPUD staff is working with hydro-geologist Rob Gailey on its component of the funding proposal.

-- Drainage Project Manager’s Report

    The Board received a written report from Drainage Project Manager Lewie Likover. 

4.   Community Expression

    Bill Lyons inquired about the status of BCPUD efforts to ensure disabled access to the district’s office building.  Staff explained that proposed construction drawings for certain building modifications have been prepared and the next step is to schedule a meeting with the County of Marin’s ADA coordinator to review the plans.  Director Siedman requested that staff endeavor to schedule the meeting in January, prior to the next regular Board meeting, if possible.  Bill requested that the item be included as a regular agenda item and staff concurred.

5.   Request for Financial Relief from Quarterly Water Bill due to Unintentional Water Loss (pursuant to BCPUD Resolution 553) – 375 Overlook Drive (Blacker)

Diane Blacker presented the request:  she explained that she and her husband were away for a period during the summer and hired two neighboring girls to water the yard during their absence; in addition, the house was tented and fumigated during this period.  When the Blackers returned from vacation, they were dismayed to find their yard flooded and water pouring from an open hose.   After looking into the matter, the Blackers concluded that the water likely was left on by workers from the fumigation company. 

The Board then engaged in an extended discussion of whether further investigation should be done to confirm the source of the unintentional water loss; after such discussion, the Board determined it had sufficient information to make a determination.

V. Amoroso/B. Kimball    all in favor   to reduce the Blacker’s water bill by 50% of the incremental amount charged over the historical average.

6.    Discuss Marin County Development Code Prohibition on New Second Units for Properties Located in the Bolinas Community Public Utility District Service Area.

    Director Siedman explained that it was recently brought to the BCPUD’s attention that the County Development Code (Title22) contains a provision stating that no new second units will be permitted in Bolinas until the BCPUD certifies that sufficient water is available for new primary units; this item was included on the agenda so that the Board can discuss the prohibition and hear from interested members of the public.  Director McClellan explained that this was a misguided provision inserted into the development code by the County during the height of the moratorium litigation and drafting of the Gridded Mesa Plan.  Staff noted that BCPUD policy dating back to 1983 allows up to 25 second units to be permitted/legalized, at which point the district will monitor the impact of the permitted units on the district’s water supply.  

    Director McClellan stated that the BCPUD’s expanded water use permit process (paragraph 6 of Resolution 173) sufficiently addresses the implications of permitting a second unit on the district’s water supply.  All building permits issued by the County of Marin are routed to the BCPUD for determination whether an expanded water use permit is required;  any application to build or legalize a second unit on an established property with a water meter will be subject to the district’s expanded water use policy and the applicant will be subject to a limitation on the amount of water that can be used.  Director McClellan said that if an applicant can comply with the limitation, a second unit permit from the County should not be denied.  Discussion ensued as to whether the BCPUD should write a letter to the County requesting that the development code prohibitions on new second units be deleted.

V. Amoroso/J. McClellan    all in favor    to draft a letter to the County explaining that the development code prohibition on new second units is unnecessary in light of the district’s expanded water use permit requirements.

7.    Resolution 555:  Approving Award of Contract to SPG Solar, Inc. for the Design and Installation of Photovoltaic Generation Systems at the Woodrat Water Treatment Plant and Wastewater Treatment Facility.

    Director Smith explained that the BCPUD is in a “time squeeze” because the contract must be signed and sent to the State of California by January 20, 2008 in order for the district to remain eligible for the state rebate;  accordingly it is critical for the Board to delegate authority to staff and director Smith to complete negotiations of and revisions to the contract over the next month.  He emphasized that even when the contract is signed, the district is not committed to proceed with the project until it issues a Notice to Proceed, which the district will not do until it has, at a minimum, been issued a coastal permit for the project from the County and received all of the funds from the sale of its Clean Renewable Energy Bonds (“CREBs”).  Unfortunately, the district cannot control either of those events (in fact, it is not at all clear how and/or when the CREBs can or will be sold) and it is possible that SPG Solar will not be willing to hold its bid price for the time necessary to meet all state and federal requirements, in which case the project may not be able to proceed.  Discussion ensued over whether to write a letter to Assembly-Member Huffman to urge a legislative extension of the state rebate deadline. 

V. Amoroso/B. Kimball        all in favor    to approve Resolution 555.

    Staff was directed to begin work on a letter to Assembly-Member Huffman to request that he introduce a bill to extend the state rebate deadline schedule.

8.    Proposal by LTD Engineering, Inc. for an Operational Inspection of Woodrat #1 and #2 Reservoirs.

    Staff presented a proposal by LTD Engineering for an operational inspection of the district’s reservoirs and said the proposal is informational for the Board at this point; staff will incorporate the projected cost of the inspection into the district’s budget planning for the next fiscal year for the Finance Committee’s consideration.

9.    Renewal of Kaiser Permanente Group Agreement for BCPUD Employees (2008 Plan Year).

    Staff presented an overview of the Kaiser Permanente Group Agreement for 2008, which contains a cost increase of more than 25% for the district’s employee health care.  Director Kimball said that the district has a two-year MOU in place with staff and the issue is therefore not open for negotiation this year.  The Board concluded that the district should renew the current plan for 2008, but directed staff to investigate alternatives for the district’s consideration.

10.  Volunteer Committee Reports

-- Alternative Energy:  Director Smith requested that staff confirm that the district has received filed copies of both CEQA exemption determinations from the County and look into extending the district’s property insurance to cover the solar project. 

-- Beach:  Nothing to report.

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

-- Bolinas Lagoon Technical Advisory Committee:  Director Amoroso reported that he has attended the recent BALTAC meetings and one interesting development has been that Seadrift now appears to be willing to consider including the possible opening of the Seadrift lagoon as an option for consideration.

-- Community Paths Group:  Director Smith reported that Don Murch has cleared the bike path route with his brush mower, so it can now be walked and the tree stumps in the path route across from the Firehouse have been ground.

-- Downtown Parking and Traffic:  Nothing to report. 

-- Resource Recovery:  Nothing to report.

-- Terrace Avenue/Alternative Access Road Committee:  Director Smith said that the County’s Department of Public Works is continuing its efforts to acquire the necessary easements to move Terrace Avenue to the north at Surfer’s Overlook.

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported that the Task Force is inactive until April 2008.

11.    Other Business

a.  Board Committee Reports

-- Finance:  Nothing to report.

-- Legal:  Approve Retention of Legal Counsel.  This item was continued to the January meeting agenda.

-- Mesa Septic, Flood Control and Roads:  Nothing to report.

-- Operations:  Nothing to report.

-- Park and Recreation:  Approve Facilities Use Agreement between BCPUD and Mesa Park.  Director Siedman observed that the Mesa Park Board of Directors has reviewed and approved the draft agreement, which has been requested by the BCPUD’s insurance authority.

B. Kimball/D. Smith        4 in favor, 1 abstention (Amoroso)    to approve the Facilities Use Agreement between the BCPUD and Mesa Park.

Director Siedman reported that the Mesa Park Downtown Site committee met the previous evening; erosion control is in place and a meeting is scheduled for January to discuss the privacy concerns of Little Mesa residents.  Eventually, a town meeting will also be scheduled to present and discuss the downtown park design.  A drawing has been prepared of the potential design, which consists primarily of paths and grass with a covered pavilion.  Director Siedman emphasized that the pavilion is not a bandstand

-- Personnel:  Staff confirmed that the district is continuing its efforts to hire a part-time shift operator.

-- Sewer:  Nothing to report.

b.    Minutes of the November 14, 2007 Regular Meeting

D.Smith/B. Kimball        4 in favor, 1 abstention (Amoroso)    to approve the November 14, 2007 meeting minutes.

c.  Warrants

B.    Kimball/D. Smith    all in favor     to approve the warrant list.

d.  Scheduling of Next Meeting(s)

    January 16, 2008 at 7:30 p.m. 

    Director Kimball said that she will be absent due to a commitment out of state.

12.        Adjournment

10:07 p.m.