Community Public Utility District
A Regular Meeting Of The Board
November 18, 2009 270 Elm Road, Bolinas
1. Call to Order.
Directors Amoroso, Kimball, McClellan, Siedman and Smith
present; director Siedman presiding.
3. Manager’s Report.
Staff summarized the results of the November 3, 2009 election and congratulated
directors Kimball and Siedman on their reelection and Kim Bender on her election
to the BCPUD Board; staff also wished Jack McClellan well on his impending
The Mesa Road Pressure Reducing Valve Station project
is underway; the district’s outside contractor, Piazza Construction,
is coordinating well with the County Department of Public Works (“DPW”) crew
and keeping community disruption to a minimum. The work necessary on
the east side of Olema-Bolinas Road is complete and the contractor currently
is working on the vault itself. Staff discovered today that the vault’s
floor drain piping inadvertently was paved over when the County DPW crew
moved Olema-Bolinas Road over to the west; discussions are underway as to
how best remedy the problem. Staff noted that the Bolinas-Stinson Union
School district’s music teacher organized a community celebration about the
bike path which was held this past Sunday morning.
Water consumption throughout the district continues to
be lower during 2009 than it was during 2008, although the data from the
most recent three-month billing period is not as dramatic as earlier quarters
this year. Overall, however, the drop in consumption during 2009 is
likely to be quite significant as compared to consumption during the most
recent several years.
The district has received a letter from the California
Department of Public Health which deems complete the district’s application
for Safe Drinking Water State Resolving Fund funds to finance a relocation
of the water main off of Terrace Avenue at Surfer’s Overlook. (The
district submitted its application in October 2008.)
The district’s planned project to extend its water main north on Horseshoe
Hill Road is proceeding well. The engineering is nearly complete and
affected property owners have been notified about the district’s plans;
staff plans to meet with these property owners to answer questions and discuss
their new water meter locations.
Staff meet with staff from the Inverness Public Utility
District (“IPUD”) last week to discuss possible solutions for the district’s
chlorine disinfection byproduct problems; IPUD experiences similar
problems in its water system. Based in part on information obtained
during this meeting, staff plans to set up a pilot aeration study; IPUD did
so using five gallon bucket, a portable compressor and copper tubing (before
doing so, IPUD researched and reviewed other water districts’ studies/approaches)
and the BCPUD staff plans to follow suit. IPUD’s pilot study lab results
confirmed a 78% reduction in TTHMs after 20 minutes of aeration and an 84%
reduction in TTHMs after 20 additional minutes of aeration. It should
be noted, however, that whereas IPUD has a problem with TTHMs, it does not
experience a problem with HAA5s; unfortunately, there is no evidence
that aeration helps reduce HAA5s. As such, the district plans to assess
whether pre-filtration chlorination can solve that problem. IPUD
is working on a passive aeration approach to reduce power costs; they plan
to pump treated water to structures installed on top of their water storage
tanks and passively run the water down through this structure (thus aerating
the water) and into the storage tanks.
Per the Board’s direction at the prior meeting, staff
asked the Bolinas Fire Protection District (“BFPD”) for the name and
contact information of the individual who damaged the district’s hydrant
at the corner of Dogwood and Elm Roads. The BFPD requested that the BCPUD
send a formal letter to request this information and the BFPD will request
a legal opinion on the release of the information in light of the potential
privacy rights involved.
Staff directed the Board’s attention to correspondence
sent and received since the last meeting, including a written request for
financial relief due to a water leak from the Thorburn family on Crescente
Avenue. A review of the request indicates that the leak was in an outdoor
irrigation system, so the district deemed the application ineligible for
relief. The district also received a letter from the Marin County Grand
Jury acknowledging receipt of the district’s response to its request for
information about Board member compensation and benefits.
On the wastewater side of operations, spray season officially concluded on
November 14, 2009 and does not reopen until April 15, 2010. One of
the new force main pumps at the downtown lift station is still not working;
Pump Repair Service, the installer, plans to come remove the pump and send
it back to the factory for assessment. The district is expecting
to receive sometime next month a preliminary analysis from its engineers
as to options for relocating the sewer collection main off of Terrace Avenue
at Surfer’s Overlook. Staff also is hard at work on the district’s
new phase of the Sewer System Management Plan (and a more specific update
will be provided later in the meeting).
Staff will host a training session by the ACWA/JPIA on “confined space” and
“defensive driving” on December 8th and 9th at the BFPD Public Meeting Room.
Staff also has arranged for Board members to do on-line training (including
but not limited to ethics training) via Prevention Link (a service provided
to ACWA/JPIA members).
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of
the BCPUD Building.
The district is in the process of engaging an engineer to review the ADA
remodel plans for the BCPUD office building. Staff recommends against
applying for Community Development Block Grant funding due to the lengthy
application process and the indication from the County that the district
likely would receive a maximum of $5,000 from this funding source.
-- Drainage Project Manager’s Report
Drainage Project Manager Lewie Likover submitted a written
4 . Community Expression.
Andy Blake thanked director McClellan for his many years
of service to the community as a member of the BCPUD Board of Directors,
particularly for his efforts on drainage issues, legal topics, and his “unique
perspective and theatre.” Andy said director McClellan will be “sorely
missed”. Director Siedman seconded Andy’s remarks and said he was very
humbled by director McClellan’s dedication to the district, which has been
very much appreciated.
5. 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).
Staff reported that a neighboring property owner has requested
that this matter be deferred to the December agenda so that he has sufficient
time to submit comments and/or arrange to attend the meeting. After
speaking with Ms. McCarthy, the district agreed to hold the matter over for
decision until the December meeting; however, Ms. McCarthy is present and
would like to explain her project and answer any questions.
Nancy McCarthy explained that she is seeking to legalize
a horse shelter on her property, which has been there for several years.
There is a water spigot at this building to water her horses. In addition,
she is hoping to legalize a carport which has a room she would like to use
as tack/storage room; she would like to plumb this building because she had
a sick horse last year and no way to easily get water for the horse.
She said that she had no idea when she bought her property that these buildings
were not permitted. She does not believe that she will be using any
more water than she has used historically. She said she would be happy
to answer questions. Director Siedman said that the main issue for
the Board is to determine whether her expanded water use permit should be
conditional or unconditional; he said the matter would be held over
to the December meeting to receive further public comment and to determine
the terms of the expanded water use permit.
6. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 104 Terrace Avenue (S. Frank).
Susan Frank told the Board that her water bill typically
is approximately $12; during the summer, however, she received a bill
for over $100. She said that she had installed some new plants and
thought that perhaps that explained the spike in her water bill; she therefore
cut back on outdoor water use. The following quarter she was stunned
to receive a bill for $974. She called the district and staff confirmed
during a site visit that she had a leak. She hired a plumber, Brendan
Higgs, who found a corroded seam on a pipe near her back porch that was leaking
badly. She had Brendan replace all of the previously-existing galvanized
pipe with new copper pipe and repaired the problem. Director Kimball
said that this appears to be a blind leak and noted that the Board
historically has reduced bills in similar circumstances by the amount attributable
to the leak. Director Smith noted that the leak was not obvious and
that the applicant repaired it very promptly.
V. Amoroso/J. McClellan all in favor
to reduce the quarterly metered water bill by the amount
attributable to the leak (based on the average of the prior three years during
the same quarter).
7. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 295 Grove (J. Molyneux).
This matter was deferred to the December meeting at the
request of the applicant.
8. Expanded Water Use Permit: Notice of Non-Compliance
- 59 Brighton Avenue (Perkins).
Staff has been in communication with the property owner
and has scheduled a meeting at the property for Friday, November 20th.
Since the most recent notice of non-compliance was issued, water use at the
property has declined and is now within the maximum quarterly water use allowed
under the permit. The property owner remains concerned, however, because
the house is occupied only infrequently and he feels the water usage is still
quite significant given the occupancy at the house. The property owner
reports that a caretaker recently came upon surfers using the outdoor hoses
at the house to wash down surf gear and he feels this could be one of the
causes of the high water use. A member of the public commented
that the house seems to be regularly rented to large groups of people, which
also may be the source of the water use. The Board directed staff to
inform the property owner about how to lock out his meter or key-lock his
hoses; staff agreed and said a further report will be made following the
November 20th meeting.
9. Expanded Water Use Permits and Property Owners’ Disclosure
Director Amoroso noted that when people buy homes in Bolinas
they often are unaware of the applicable water usage limits. Director
Kimball agreed and said this issue came up last month during the Board’s
consideration of specific non-compliance matters. She said that while
the realtors have some responsibility, it also is the district’s responsibility
to be proactive. She suggested that the district notify new property
owners of the applicable water use permit terms and conditions upon a change
in ownership and offer to instruct the owners how to read their water meter.
Marcella Robinson said that as a property owner she would prefer to know
about the permit and its terms before she bought the property.
Director Siedman suggested that the district write a letter to the local
realtors, remind them that certain properties have expanded water use permits
and ask them to check with the district to obtain accurate information about
those permits prior to listing the properties. Discussion ensued about
also requiring that permit holders record their permit with the County’s
Recorder’s Office as a condition of approval and whether to post details
about the permits on the district’s website. Director Kimball
agreed to work with staff to prepare draft text for two permit notification
letters -- one to property owners and one to real estate agents – for
the Board’s consideration at the December meeting.
10. Accept Donation of Real Property from the Bolinas Community
Director Siedman said that the district previously requested
an opinion letter from County Counsel on any legal issues posed by the district
accepting a donation of land from the Bolinas Community Center and said it
was his understanding that the Board wishes to waive the attorney-client
privilege as to this opinion letter and discuss the substance of the letter
during the meeting. All directors concurred. He noted that the
opinion letter indicates that the district has limited liability for the
properties if the district does not improve them. Discussion ensued
about the opinion letter and the generally unimproved condition of
B. Kimball/D. Smith all in favor to accept
a donation of real property from the Bolinas Community Center, Inc.
Marcella Robinson expressed deep appreciation for the
Board’s action on behalf of the Bolinas Community Center.
11. Marin County Local Coastal Plan Update: Meeting
re: Bolinas Community Planning Issues on Dec. 3, 2009 at 7:00 p.m., 100 Mesa
Road (Bolinas Fire Protection District Public Meeting Room); Dissolution
of Bolinas Planning Group.
This matter was deferred until later on the agenda pending
the arrival of David Kimball.
12. November 3, 2009 Election: Discuss Election Results
and Next Steps re: Measure H (Bolinas Beach Advisory Measure)
Director McClellan commented that the election results
are less conclusive than the 3-2 vote by the BCPUD Board on the beach camping
issue several years ago. Director Siedman observed that the outcome
of the vote within the BCPUD boundaries and the vote that included voters
outside the BCPUD boundaries but within the BFPD boundaries was the same:
56 percent in favor of Measure H (which would extend the current weekend
ban on camping on Bolinas Beach to a full-time ban) and 44 percent opposed.
Bruce Bowser said that while not a landslide, the vote was conclusive.
Director Amoroso moved that the Board send a letter to the County, provide
the election results and request that the County amend the existing ordinance;
Director Kimball seconded the motion. She said that she reviewed
all of the district election results since 1976 to determine how often the
BCPUD Board has taken action after advisory measures such as Measure H.
In each case, the BCPUD Board followed the majority will of the voters.
V. Amoroso/B. Kimball all in favor to
send a letter to the Marin County Board of Supervisors with the election
results and a request that the County amend the existing ordinance to ban
camping on Bolinas Beach full-time and year-round.
13. Ordinance 38: Repealing and Replacing BCPUD Resolution
152 (Water Meter Transfer Resolution).
The Board deferred consideration of this agenda item pending
further consultation with the district’s legal counsel. Staff was directed
to schedule a closed session of the Board for this purpose as soon as possible.
11. Marin County Local Coastal Plan Update: Meeting
re: Bolinas Community Planning Issues on Dec. 3, 2009 at 7:00 p.m., 100 Mesa
Road (Bolinas Fire Protection District Public Meeting Room); Dissolution
of Bolinas Planning Group.
The Board returned to agenda item 11. David Kimball
reported that County planner Jack Liebster recently contacted district staff
about scheduling a community meeting in Bolinas for the purpose of discussing
with the community the local planning issues presented by the LCP update.
A meeting has now been scheduled for December 3rd at the Bolinas Firehouse
Public Meeting Room beginning at 7:00 p.m. County hopes to clarify
that local community plans are not being abandoned and to explain how the
LCP and community plans interrelate. David and district staff will
prepare notices about the meeting to run in the Hearsay News so that the
community is aware of the meeting.
As for the next item about the dissolution of the Bolinas
Planning Group, David said that he notified the group about his intention
to resign and also told them that the BCPUD planned to consider whether the
dissolve the group at this meeting. He reported that there is no objection
from the members of the Bolinas Planning Group to the proposed dissolution.
Director Amoroso said that he feels it is still important to designate someone
to speak on behalf of the district to the Planning Commission on issues that
arise during the LCP Update process of concern to the Bolinas community;
he suggested that David Kimball and Steve Matson are logical choices.
Discussion ensured about next steps.
V. Amoroso/D. Smith all in favor to dissolve
the Bolinas Planning Group.
Director Amoroso them moved to appoint two representatives
to speak on behalf of the BCPUD during the LCP Update process.
Cela O’Connor questioned how representatives can do so without first receiving
specific authority from the BCPUD Board. David Kimball said he agreed
with this point, but that it does make a difference at the County level when
an individual or group of individuals is there on behalf of the BCPUD.
Director Amoroso suggested that the Board appoint Burr Heneman and David
Kimball as representatives, with Cela O’Connor and Steve Matson as alternates.
Director Smith said they should be required to apprise the BCPUD of any planned
remarks or testimony and, if there is any objection, then the representatives
must present the matter for the BCPUD Board’s consideration at a meeting.
V. Amoroso/D. Smith all in favor to appoint
David Kimball and Burr Heneman as BCPUD representatives during the LCP Update
process (with Steve Matson and Cela O’Connor as alternatives), subject to
the BCPUD being informed in advance of any planned remark or testimony and,
upon any objection, the matter will be referred to the full Board for consideration
at a meeting.
14. Ordinance 39: Amending Ordinance 29 (Regulating
the BCPUD’s Sewer System); Discuss Update of the BCPUD’s Sewer System Management
Staff presented an overview of the State Water Resources
Control Board Order 2003-0006-006, which applies to sewer collection systems.
One of the requirements is a legal review of the district’s governing ordinances
and resolutions applicable to the sewer system. This legal review has
been completed and a draft ordinance is in the Board binders to revise BCPUD
Ordinance 29 to ensure compliance with the terms of the Board’s Order.
Staff will include an item on the December agenda for approval of the ordinance.
The draft update of the next four sections of the district’s Sewer System
Management Plan will be presented to the Board for approval at the January
15. Request for BCPUD to Pass a Resolution in Favor of
More Local Authority over Siting Regulations for Cell Towers and Other Wireless
Facilities. (J. Elliott)
Judith Elliott presented this request and provided three
resolutions passed by other California local governments in favor of more
local control over the location of cell towers and other wireless facilities
due to growing concerns of the public health and environmental implications
of these facilities. Director Kimball said she has no problem with
the BCPUD passing such a resolution, but perhaps the appropriate local entity
to pass such a resolution is the County Board of Supervisors.
Director Siedman suggested that the BCPUD resolution endorse local control
of these facilities and also ask the Board of Supervisors to pass a similar
resolution on behalf of the County. Director Smith said that any time
the public can regain local control, the public should do so.
Staff was directed to prepare a draft resolution for the Board’s consideration
at the December meeting.
16. Letter from the BCPUD to the Marin County Board of Supervisors
in Support of the Reappointment of Ed Schulze to the Board of Directors of
the Marin/Sonoma Mosquito & Vector Control District.
Director Kimball said that she requested this agenda item
because Ed Schulze and Fred Smith are directors-at-large on the Board of
Directors of the Marin/Sonoma Mosquito & Vector Control District and
they represent the unincorporated areas of Marin. She said that Ed
Schulze has been a great advocate for health and the environment and routinely
advocates for the National Park Service and West Marin, even though he lives
on Novato. She recommended the Board send a letter in support of his
reappointment, a draft of which is in the Board binders, to the County Board
V. Amoroso/D. Smith all in favor to send
a letter in support of the reappointment of Ed Schulze to the Marin/Sonoma
Mosquito & Vector Control District Board of Directors.
17. Volunteer Committee Reports
-- Alternative Energy: Director Smith reported that the district has
completed its first year of operation with the solar arrays and received
its “true up” statement from PG&E. Both of the district’s
arrays are performing very well; in fact, they overperformed and, thanks
to a recent bill sponsored by Assemblymember Jared Huffman, the district
should be able to transfer excess generation to another site (such as the
district’s lift station site downtown).
-- Bolinas Planning Group: See Item 11, above.
-- Bolinas Lagoon Technical Advisory Committee: Nothing to report.
-- Downtown Parking & Traffic Committee: Nothing to report.
-- Resource Recovery: Nothing to report.
-- Terrace Avenue/Alternative Access Road Committee: Director Siedman
said that despite recent attempts by both staff and Board members from both
the BCPUD and the Bolinas Fire Protection District to contact Supervisor
Kinsey, neither Supervisor Kinsey nor his staff have responded to voicemails
or e-mails requesting a meeting to plan next steps on the engineering study
for Terrace Avenue. Director Siedman and Phil Binley, President of
the Board of Directors of the Bolinas Fire Protection District, therefore
have prepared a draft letter to Supervisor Kinsey to reiterate the districts’
request for a meeting, a copy of which is in the Board binder. The
Board had no objection to sending the letter
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball reported that the West Marin Mosquito Control Coordinating
Council has reviewed all data issued by the Marin/Sonoma Mosquito & Vector
Control District and she presented a one-page summary of the data to the
18. Other Business
a. Board Committee Reports
-- Finance: Nothing to report.
-- Legal: Nothing to report.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: Director Siedman reported that a question has
arisen as to who should pay for the installation of the electrical service
at the Resource Recovery Center; he said that the Mesa Park Board feels the
cost should be shared equally by Mesa Park, the BCPUD and the Resource Recovery
Center. Director Amoroso said that the BCPUD should not participate
as there is no benefit to the district. Director Siedman said that
the district owns the property on which the Resource Recovery Center operates
and the property will have greater use with electricity on site. Director
Smith suggested that the BCPUD could pay the upfront costs, subject to reimbursement
from Mesa Park and Resource Recovery; he then commented that electricity
is really a basic utility at any developed property and since the Resource
Recovery Center is only a tenant, the BCPUD should participate financially
in the installation of electricity at the site. Director Smith then
moved that the district contribute 1/3 of the cost, subject to reimbursement
from the grant funds for the water reclamation project; Director McClellan
seconded the motion. Director Siedman disqualified himself from
voting on the motion
D. Smith/J. McClellan
3 in favor, 1 abstention, 1 opposed
to approve the district contributing 1/3 of the cost of bringing electrical
service to the Resource Recovery Site, subject to being reimbursed for these
costs from the reclamation grant funds..
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the October 21, 2009 Regular Meeting.
Director Smith offered corrections to the minutes.
B. Kimball/D. Smith all in favor to approve
the minutes as amended.
D. Smith/B. Kimball all in favor to approve
the warrant list.
d. Scheduling of Next Meeting(s)
December 16, 2009 at 7:30 p.m.