Bolinas Community Public Utility District
A Regular Meeting Of The Board
July 21, 2010 270 Elm Road, Bolinas
1. Call to Order.
7: 32 p.m.
Directors Amoroso, Bender, Kimball, Siedman and Smith
present; director Siedman presiding.
3. Manager’s Report.
Staff reported that the district has received the plans and specifications
for the Terrace Ave water main relocation project from its consulting engineers;
the documents are under on-going review and will be submitted to the California
Department of Public Health (“CDPH”) by the end of the week. CDPH likely
will need 2-3 weeks to review the project and applicable law requires a minimum
bid period of at least 30 days, so it appears that the start date for this
project is not likely to be before October 1, 2010. Customers were
notified last month in writing about the anticipated road closure of Terrace
Avenue; staff has been working with the engineers to minimize this period
to the shortest time possible. At this point, staff anticipates requesting
closure from 8:00 a.m. – 12:00 noon and from 1:00 p.m. to 5:00 p.m. for approximately
ten weekdays. The engineers do not feel there is any alternative to
road closure in light of the narrow width of the road (as narrow as 12 feet
in places) and because trenchless technologies will not be practicable given
the amount of potholing that will need to be done. Staff requested
that the County either repair upper Terrace or install a temporary bridge
over the area of road collapse; the County responded that a repair of upper
Terrace is estimated at over $1 million (which the County does not have)
and would take months to design and construct even if the funds were available,
so a repair in advance of the BCPUD’s water main relocation project is not
possible. As for the temporary bridge, the County responded that they
have never installed such a bridge and their road crews are fully scheduled
in any event. Staff plans to hold a community meeting in August to
explain and answer questions about the project.
Discussion ensued about emergency access during the road closure and suggestions
for other, temporary “fixes” of the section of Terrace Avenue at Overlook
Road. At the conclusion of this discussion, the Board directed staff
to conduct further research into the possibility of a temporary bridge, as
well as a partial fill of the collapsed area sufficient to allow emergency
access, and to convey the results of the research to the County Department
of Public Works for consideration.
Staff then updated the Board on the district’s process
of securing a geotechnical engineering firm to evaluate the bluff at Surfer’s
Overlook and recommend a stabilization project. An RFP was issued on
July 1, 2010 and a mandatory site visit for interested engineers was held
at the project site on July 15, 2010. Representatives from six firms
attended; and numerous questions were asked and answered. One question
was whether the proposing firms need to include a cost for an Autocad topographic
map of the project site (which will be necessary for the eventual project
design work); it was decided that the engineers should not include a cost
estimate for this item. Staff subsequently spoke with Bob Beaumont
at County DPW about this task and he confirmed that County engineers can
supply this item.
Staff reported that the district is expecting to receive
revised plans for the Horseshoe Hill water main extension project by the
end of July for a directional boring installation. Staff plans to put
the project out to bid in August for an end-of-September installation.
District-wide water consumption was down again in the
most recent quarter from this same time last year; however, district operators
have noticed an increase in consumption in July. At present, this is
not cause for concern because the Arroyo Hondo creek flows are good and both
reservoirs are full.
On the wastewater side of operations, staff discussed
a letter dated July 1, 2010 from the San Francisco Regional Water Quality
Control Board (“RWQCB”), which asserts that the district has not submitted
an Annual Sewer System Overflow report for 2008 and 2009. Staff spoke
with RWQCB staff on July 14th and explained that the district never received
the November 15, 2004 RWQCB letter which established the reporting requirement.
RWQCB staff acknowledged that a letter was not sent to the district, which
is why no enforcement action will be taken. The revised due date for
the report is August 2nd at 5:00 p.m.
Spray season is underway at the district’s sewer pond
property. The sprayfields were mowed beforehand and spraying will now
continue until end of season in November. Staff directed the Board’s
attention to a letter from the district’s ACWA/JPIA representative recommending
that the district address the badly corroded electrical panel control systems
and house them in a weather-resistant enclosure on a more structurally stable
platform. Staff presented a proposal from an electrical engineer with
various recommendations as to how to proceed; staff was directed to implement
ACWA/JPIA’s recommendations and director Smith suggested that it might be
possible to house the new panel control system in a wooden shed at less cost.
Staff agreed to research the possibility.
The Board reviewed correspondence sent and received since
the last regular Board meeting, including a notification from LAFCO as to
the district’s annual dues payment and a letter to a customer who is in violation
of the terms of his expanded water use permit. The customer notified
the district that a leak in his plumbing has been repaired and was almost
certainly the cause of his high water use.
-- Update on the Award of Prop. 84 Grant Funds for Projects
to Enhance the Duxbury Reef Area of Special Biological Significance(“ASBS”).
A site visit in Bolinas was held on July 6, 2010 among
representatives of the three agencies partnering on the Proposition 84 grant
(i.e., the BCPUD, the National Park Service and the County of Marin).
The state funding representative was unable to attend due to a freeze on
travel by state employees until the budget for current fiscal year is approved.
The grantee representatives are working on finalizing various documents needed
for their projects.
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of
the BCPUD Building.
Unfortunately, no contractors attended the district’s
mandatory pre-bid meeting that was held on July 13, 2010. The district’s
designer contacted local contractors and discovered that they were not aware
of the project or the pre-bid meeting (despite it having been advertised
for weeks locally in the Hearsay News and in the Marin Independent Journal).
As such, staff has amended the Notice to Bidders to extend the deadlines
for both the mandatory pre-bid meeting and the responses to the RFP to August
3rd and August 17th, respectively.
-- Drainage Project Manager’s Report.
Drainage Manager Lewie Likover is on vacation and submitted a written report.
Director Amoroso asked staff about any news relating to the planting of the
five-foot wide strip between the bike path and Olema-Bolinas Road.
Director Kimball said that in an effort to assist with this project, she
has been speaking with local plant experts for advice as to the plants that
will work in this area; she has a list of such plants and is currently working
on estimates for the quantities of plants that will be needed. She
said she is willing to solicit volunteers to help plant the path and is hoping
that the County will be willing to prepare the strip for planting (i.e.,
by removing some of the base rock and replacing it with soil. Director
Kimball said that planting should wait until the rainy season starts.
4. Community Expression.
Cela O’Connor reported that the Marin County Board of
Supervisors is going to consider a WECs ordinance on July 27, 2010; she noted
that comments on the proposed ordinance are due July 17, 2010.
5. Coastal Permit, Design Review and Second Unit Permit 10-0184,
APN # 193-020-51, 52 Mesa Road, Bolinas (A. Dar)
Director Siedman noted that Arianne Dar is proposing the addition of a new
second unit at her property on Mesa Road – an existing second unit will be
incorporated as a bedroom into the existing residence, and a new second unit
will be constructed. No one was present to speak to the matter so staff
was directed to provide no comment on the permit application.
6. Request for Variance of Expanded Water Use Permit 31,
75-77 Crescente Avenue, Bolinas (C. Post).
Chip Post told the Board that the home has been used on weekends only for
some time; he and his wife moved into the home full time in June 2010.
He said the expanded water use permit limitations were based on a single
occupant. Mr. Post noted that he previously received a notice that
he had exceeded the amount allowed under the permit, which prompted his request
for a variance. Staff reported that the quarterly water use allowed
at the property per the terms of the expanded water use permit is 1500 cubic
feet. Director Amoroso noted that 1500 cubic feet per quarter is less
than the1800 cubic feet per quarter allowed by the district during the mandatory
rationing period in 2009. Director Amoroso proposed that the permit
be revised to allow the average household use; staff noted that amount is
2250 cubic feet per quarter.
Director Smith said that the Board should make findings as to why a variance
of the 1500 maximum quarterly allowance is justified. After some discussion,
Director Siedman said that the record should reflect the Board’s findings
that an increase in water use permitted is justified now that the property
is used full time and because the 1500 maximum quarterly amount is unfairly
low. The Board finds under the circumstances that the average household
amount of 2250 feet per quarter is appropriate.
V. Amoroso/K. Bender all in favor
to grant a variance to the Post expanded water use permit and revise the
maximum quarterly water use allowed from 1500 cubic feet to 2250 cubic feet.
7. Application to Transfer Water Meter from 26 Wharf Road
to 245 Larch Road; Application for Expanded Water Use Permit (E. Pohlman).
Director Siedman congratulated Ed Pohlman on his purchase of the residential
water meter from the downtown park. Ed explained that he owns a 200
x 100 square foot lot on the Big Mesa at 245 Larch Road and he would like
to build a house there. Director Siedman said there are two issues
before the Board: (1) the request to transfer the water meter and (2) the
application for an expanded water use permit.
K. Bender/B.Kimball all in favor to approve
the request to transfer the water meter from 26 Wharf Road to 245 Larch Road,
subject to the requirements of Ordinance 38.
V. Amoroso/K. Bender all in favor
to grant the expanded water use permit application and impose a maximum quarterly
water use limit equal to the average household use OR the historic average
water use at the original property based on the last year of use.
Director Kimball requested that staff update the water
meter transfer list to include the Board’s approval of Ed Pohlman’s application.
8. Application to Improve the BCPUD Right-of-Way: Installation
of Culvert under the BCPUD Right-of-Way on Pine at Cherry.
Staff presented the Board with an application submitted by Don Murch
to install a culvert under the Pine Road right-of-way at Cherry; Don also
has asked that the BCPUD supply the culvert. Staff reported that Don
has notified all nearby property owners and there is no opposition to the
B. Kimball/D. Smith all in favor to
approve the installation of a culvert under Pine Road at Cherry and to approve
the request that BCPUD supply the culvert.
9. BCPUD June 28, 2010 Advisory Letter to the Marin County
Planning Commission (C. O’Connor)
Cela O’Connor said she asked for this item to be on the Board’s agenda because
she is concerned about comments submitted to the Planning Commission in a
letter dated June 28, 2010, purportedly on behalf of the BCPUD. She
said she feels some of the comments are inconsistent with the Coastal Act
and current Local Coastal Plan policies. Cela said she is very concerned
because the County seems to be replacing existing protections in the Local
Coastal Plan with poor language during the “update” process.
Director Smith said that the previous November, the Board had discussed the
future of the Bolinas Planning Group – members had drifted away and lost
interest. The Board ultimately decided that David Kimball and Burr
Heneman were delegated the responsibility of representing the BCPUD at the
LCP update hearings, with Cela O’Connor and Steve Matson as alternates; the
representatives were instructed to circulate proposed written comments to
the Board via e-mail for review before submittal – if there was no objection,
the comments could be submitted but if even one Board member objected, then
the matter must come before the Board at a regularly scheduled board meeting.
The reason for this was to enable the community to timely comment on the
LCP process, which generally does not allow sufficient time for review and
comment by the BCPUD Board per its regular meeting schedule. Director
Smith said the process had seemed to be working, but perhaps it is time to
The Board members queried Cela as to her concerns about the June 28, 2010
letter. Cela ultimately said that she did not want to be formally part
of a group delegated by the BCPUD to comment on the LCP to the extent she
disagrees with the comments the group decides to provide. Director
Siedman asked if she would like to be removed as an alternate and Cela said
that she would be much more comfortable with that. Director Amoroso
said that because this is at her request, he will move that Cela be removed
as an alternate to the representatives delegated the responsibility to comment
on behalf of the BCPUD on the Local Coastal Plan update process.
V. Amoroso/K. Bender all in favor
to approve Cela’s request to be remove as one of the alternate representatives
delegated by the BCPUD to comment on its behalf during the LCP Update process.
10. Petition to Vacate Public Right-of-Way – Osterweis, Pine Gulch
Creek Road (C. O’Connor).
Cela O’Connor said that her focus in asking for this agenda item is to preserve
public access. She said she met with Christy Voyles at the County about
the petition to vacate a public right-of-way at the Osterweis property when
she saw it posted at the County. Cela asserted that when the Osterweis
family bought the land, a road across the property was in place; subsequently,
another road was put in and Osterweis built on the former road location,
which Cela said is the public right-of-way proposed for abandonment.
Cela said the planner told her that the right-of-way had never been developed,
but Cela says that it was. Cela said that the former public right-of-way
can be abandoned, but that it should be transferred to the new road so that
the public maintains its ability to access public lands on the other side
of the Osterweis property.
Director Siedman noted that the petition to vacate previously came before
the Board during its December 2009 meeting and that the Board already has
informed the County that it did not have any concerns about the petition,
which is outside the boundaries of the district. Cela said that the
public comment period is still open and she requested the Board support her
request to transfer the public’s right-of-way to the new road. When
asked by the Board, Steve Matson said the transfer request is a good idea
and that he thinks the residents of Paradise Valley would support it.
Directors Bender and Amoroso said they also supported the request.
Director Amoroso moved that the district convey support
of Cela’s transfer request to the County and director Bender seconded the
motion. Discussion ensued as to whether the district would take a position
in favor of the transfer request or simply convey Cela’s request to the County.
Director Siedman said that based on the discussion, the Board sentiment is
that it is a benefit to the entire community to preserve a public right-of-way,
so the district does seem to be taking a position. Director Smith said
that when the Osterweis representative was present at the December 2009 meeting,
the Board was told that the public right-of-way proposed for abandonment
ended at the Martinelli property and did not attach to public land – as such,
there was not apparent value in keeping it. He said Cela appears to
be saying something else now. Cela said that the Osterweis parcel was
reconfigured; she said the easement previously went all the way up the hill
but the new road does not. Director Siedman said that the Board seems
to feel that new facts have come to light since it’s previous position of
no concern and that the Board now supports the request to transfer the public
right-of-way to the new road.
V. Amoroso/K. Bender all in favor
to support Cela’s request for a transfer of the public right-of-way to the
11. Request from Bolinas Community Land Trust for Advisory
Opinion Re: Terms of Potential Expanded Water Use Permit for Possible Affordable
Housing Project at 12 Wharf Road, Bolinas.
Steve Matson said that the Bolinas Community Land Trust
(“BCLT”) is exploring possibilities for additional public housing in town;
specifically, at 12 Wharf Road. In order to answer questions from potential
investors in a purchase of the property, the BCLT would like to know the
approximate terms of a potential expanded water use permit for the property
so that Steve can design accordingly. Steve said that BCLT ideally
would like to build three individual dwellings of approximately1100 square
feet, with 3 small bedrooms each, on the property as affordable family housing
is in high demand. Discussion ensued about the historical water use
at the property, which is about 5,000 cubic feet per quarter in all but the
last year, when residents were departing the property. Director Amoroso
said the Board will follow Resolution 173 in making any determination; the
Board members noted that Resolution 173 permits an expansion of water use
over the historic amount which in this case would be an additional 1500 cubic
D. Smith/B. Kimball all in favor to direct
staff to write a letter to the BCLT outlining the likely maximum quarterly
water use in the event an expanded water use permit is sought in connection
with a proposed improvement to 12 Wharf Road, based on historical average
water use at the property (not including the last year, which is unrepresentative),
plus up to 1500 additional cubic feet.
12. Approve One-Year Pilot Project for BCPUD to Improve the Public
Rights-of-Way by Filling Potholes on Neighborhood Access Roads on the Gridded
Director Smith said this item is carried over from last month for additional
consideration of his proposal that the BCPUD improve the public rights-of-way
on the Bolinas Mesa by filling potholes on the neighborhood access roads.
Director Smith proposed that the district implement a one-year pilot project
and allocate $2500 for this purpose. Discussion ensued as to where
the neighborhood access roads are per the Bolinas Traffic Plan and whether
the proposal is appropriate in light of historic private neighborhood efforts
to maintain the roads. Director Kimball noted that it is a one-year
proposal only; director Siedman said that it is important to maintain emergency,
garbage and delivery access on the neighborhood access roads. Further
discussion ensued as to the source of funds for the pilot project and administrative
details; staff suggested that the proposal be referred to the Board’s Mesa,
Septic, Flood Control & Roads committee. Director Smith emphasized
a pothole will be filled per his proposal only if it constitutes an obstruction
under Ordinance 30, meaning that it is more than 4 inches in depth.
Director Bender made a motion, which director Siedman restated as follows:
to approve a one-year pilot project for the district to improve the public
rights-of-way by filling potholes defined as obstructions per BCPUD Ordinance
30 on Neighborhood Access Roads, subject to a maximum expenditure of $2500
and to be implemented in consultation with the fire department and other
service providers, under the direction of the Board’s Mesa, Septic, Flood
Control & Roads committee.
K. Bender/D. Smith all in favor
of the foregoing motion offered by Director Bender, as
summarized by Director Siedman
13. 2010-11 Budget Adoption: Res. No. 590 Approving Budget; Res.
No. 591 Stating Current Rates and Charges and Authorizing Placement of Charges
on Marin County Property Tax Bill.
K. Bender/B. Kimball all in favor to
approve BCPUD Resolution 590.
K. Bender/D. Smith all in favor
to approve BCPUD Resolution 591.
14. Approve Sewer System Management Plan.
Staff presented the final sections of the district’s Sewer System Management
Plan. The Board previously has approved, on schedule, all elements
of the plan through element 6. The Board tonight must approve elements
7 – 11 so that staff can certify completion. Staff noted that the district
is awaiting specific standards from its engineers to include in element 7
and a template reporting form for the annual SSO report from the state to
include in element 9.
K. Bender/V. Amoroso all in favor
to approve the district’s Sewer System Management Plan,
subject to the timely inclusion of the engineering standards and the template
15. Volunteer Committee Reports
-- Alternative Energy: Bolinas Receives Solar Award. Director
Smith reported that the Northern California Energy Society has granted Bolinas
two awards for its solar projects, one for the number of kilowatt hours and
a second for the number of kilowatts per capita – we won the award!
Don attended a conference in San Francisco the prior week to accept the awards
and he presented the plaques to the Board.
-- Bolinas Lagoon Technical Advisory Committee: Nothing to report.
-- Downtown Parking & Traffic Committee: Nothing to report.
-- Resource Recovery: Director Siedman said that
a revised contract has been negotiated with PG&E to deliver power to
the Resource Recovery site, which will be used among other things, to power
the irrigation well that is planned as the source water for the Mesa Park
fields. Staff was directed to research the ICT tax item included in
the PG&E cost proposal and determine whether it would be worthwhile objecting
to it on the grounds that BCPUD as the owner of the property is a public
agency. In addition, Mesa Park is moving forward with its evaluation
of the well and a report from the consulting hydrogeologist is expected to
be finalized in August.
-- Terrace Avenue/Alternative Access Road Committee: The Board reviewed
e-mails received from the County and from concerned residents concerning
the Terrace Avenue water main relocation project.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball said she attended a West Nile Task Force meeting in June
that was uneventful; she noted that minutes from the August 2009 task force
meeting are in the Board binders.
16. Other Business
a. Board Committee Reports
-- Finance: Approve Engagement Letter for Doran & Associates –
FY 2009-10 Audit.
K. Bender/D.Smith all in favor to approve
the engagement letter for Doran & Associates to perform the district’s
fiscal year 2009-2010 audit.
Staff also requested Board approval of a memo directing specific transfers
between the district’s designated funds and its operating accounts.
B. Kimball/K. Bender all in favor
to approve the specific transfers between the district’s designated funds
and its operating account as set forth in the staff memorandum.
-- 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: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the June 16, 2010 Regular Meeting
Directors Smith and Kimball offered clarifying corrections to the draft minutes.
K. Bender/D. Smith four in favor, Amoroso
abstaining to approve the minutes of
the June 16, 2010 regular meeting.
D. Smith/B. Kimball all in favor to approve
the warrant list.
d. Scheduling of Next Meeting(s)
August 18, 2010 at 7:30 p.m.