Bolinas Community Public Utility
A Regular Meeting
Of The Board Of Directors
December 19, 2007 270 Elm Road, Bolinas
1. Call to Order
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
-- 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
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
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
V. Amoroso/B. Kimball all in favor to reduce
the Blacker’s water bill by 50% of the incremental amount charged over the
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
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
-- 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
-- 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.
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.