Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
March 15, 2006     270 Elm Road, Bolinas

1.    Call to Order

    7:38 p.m.

2.    Roll

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

3.    Manager’s Report

      -- Announcement:  AmeriCorps*NCCC Project Dates:  March 23 – April 6, 2006

    Staff reported that, due to the diligent efforts of Director Kimball, the BCPUD’s application for a team of AmeriCorps*NCCC volunteers to assist the community in abating mosquito habitat by installing roof vent screening and clearing drainage ways on the Big Mesa has been approved.  The BCPUD was informed last week that the volunteers will arrive in Bolinas on March 23, 2006 for a two-week stay.   Staff currently is working—with considerable assistance from Director Kimball and community volunteer David Kimball—to publicize this pending project to obtain residents’ consent for work to be done on their property and to arrange logistical details relating to the volunteers’ housing, meals, entertainment, etc.   Fire Chief Anita Tyrrell-Brown and arborist Chuck Oakander have agreed to help train the volunteers in roof safety awareness and rope/ladder technique.

    With respect to on-going operations, staff reported that the district continues to cope with the effects of the on-going winter storm conditions.  Specifically, staff  has attended required FEMA workshops, submitted paperwork documenting the extent of damage to BCPUD facilities, attended a “kick off” meeting to launch the application process, and currently is working with the district’s assigned FEMA Project Officer on documenting specific damage sites. 

    On the wastewater side of operations, the district is conducting periodic emergency spraying at the sewer pond property because the oxidation ponds are over-capacity due to the continuous rains;  staff has informed the Regional Board of the need to conduct this emergency wastewater disposal.  Staff met with representatives of the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”) on March 1st and secured the M&VCD’s commitment to provide equipment and personal to conduct ditching maintenance and improvement work on the sewer pond property; this work has been tentatively scheduled for the week of May 1st.  Staff anticipates that considerable vegetation management work will be performed at the sewer pond property this year and has purchased new equipment to facilitate brush cleaning and mowing. 

    On the water side of operations, the external feed to the Woodrat Treatment Plant was compromised the previous weekend when a valve inside the plant burst, flooding the building.  The district will be drawing from the reservoirs to provide water to customers until an effective repair of the broken valve can be completed.   In another sign of the effect of the on-going rains, the office is receiving numerous calls from concerned residents reporting possible leaks due to standing water conditions on their properties.  Staff has provided several emergency transfers of gravel on the unpaved public rights-of-way to protect roads under which water distribution lines are located.  Director Smith inquired about the SBC vault at the intersection of Mesa and Olema-Bolinas Road, which currently is constantly filling with water which then spills down the hill;  staff agreed to contact Pete Maendle of the County DPW road crew and request assistance.

    Staff reported progress on several projects planned for implementation in the near term.   The Operations Committee and Chief Operator Bill Pierce met recently with a representative from  the company the BCPUD is considering working with on a pilot project to reduce the levels of chlorine disinfection byproducts in the treated water;  the representative requested further information about the organic compounds in the district water so that the company can select the appropriate carbon filter to recommend for the pilot project.  Director Kimball requested that staff prepare a timetable for the proposed pilot project, including when it will commence and how long it must be conducted in order for the district to identify the solution to lower the levels of chlorine disinfection byproducts to acceptable levels.  Staff also is planning certain maintenance work to be performed at the water storage tanks this summer, including the removal of lichen from the tank lids, and researching available consultants to opine on the possible rehabilitation of the wetwell at the sewer lift station.  Staff has scheduled an off-site meeting for March 16th to further plan for these and other deferred maintenance projects. 

    The Board reviewed and/or approved of draft correspondence prepared by staff to County DPW (regarding condition of Terrace Avenue at Overlook), to Empire Waste Management (approving cost-of-living rate increase effective January 1, 2006), to Bob Beaumont (supporting funding and purchase of GPS Base Station), as well as correspondence sent by staff as directed by the Board at the February meeting.  The Board approved of the summary explanation of the septic/drainage charge prepared by staff and directed staff to register for the upcoming ACWA/JPIA Spring Conference, scheduled for May 8-9, 2006 in Monterey.

      -- Drainage Project Manager’s Report

    Drainage Project Manager Lewie Likover reported that he has received a private contractor proposal to perform the fire hydrant survey work that he and Director Smith have discussed with the County Surveyor’s office.  After some discussion, Director Smith proposed that he contact the County Surveyor one more time and, if the County can not timely perform the work, the Board authorize Lewie to move forward with the private contractor.  

V. Amoroso/B. Kimball    all in favor    to authorize staff to expend up to $5,000 for a private contactor to conduct the fire hydrant survey, on the condition that the County is unable to perform the work on a timely basis.

    Lewie reported that he has met with numerous residents concerning drainage issues, including residents in the bluff zone who would like to direct drainage toward Elm Road, rather than toward Ocean Parkway as set forth in the Todd Plan; residents on Fern Road near Elm; residents of upper Poplar Road between Dogwood and Evergreen; and Andy Blake representing the lower Poplar Road group.  Lewie noted that Matt Lewis had assisted him over the weekend with shooting elevations in the Larch right-of-way and thanked Matt for assistance.  Lewie currently is planning drainage projects for the Americorps*NCCC volunteers, including clearing to be done in the Larch right-of-way and on Hawthorne between Elm and Alder, where residents have reported a large amount of standing water and the presence of mosquito larvae. 

    Lewie included a tentative proposed budget for approximately $16,000 work of drainage improvement work to be conducted on the Big Mesa.  He is contemplating the installation of 15-inch culverts (rather than the more expensive 18-inch culverts recommended in the Todd Plan) as workable for most intersections on the Mesa, although larger culverts likely will be needed in discrete locations.  Finally, Lewie said he is researching laser levels for the district to purchase, which also can be used in connection with pipeline replacement projects, and he is developing a “spoils list” because many people have told him they are interested in fill for their properties.  In a response to a suggestion from Matt Lewis, Lewie said he would consider seeking bids from engineering firms to redesign the Todd Plan insofar as the plan applies to the area from Elm to the bluffs.

4.    Community Expression

    Cela O’Connor spoke to express her on-going concern about the re-armoring of the seawall at Seadrift;  she feels this is beyond the scope of “ordinary maintenance” allowed by the settlement agreement and that the height of the wall is increasing.  Cela feels there is a consistent and observable degradation of the beach and a reduction in the shorebird population as a result of this constant seawall work   Cela stated that she has requested that the Coastal Commission monitor the seawall work and require coastal permits so that the work is subject to environmental review.  Director Amoroso stated that he would like the BCPUD to write a letter of support for Cela’s efforts;  Director Kimball said that she agreed.  Staff was directed to include the topic as an agenda item for the April Board meeting.

Matt Lewis asked whether the BCPUD has a mosquito control plan and what the district is doing to reduce mosquito breeding sites on its property.  If there is no mosquito control plan, Matt said the BCPUD should set a timeline for one to be in place.  Staff was directed to place this item on the April meeting agenda for discussion.

5.    Volunteer Committee Reports

-- Alternative Energy:  Nothing to report.

-- Beach:  Magi Barror suggested that when Marin County posts notices about unsafe bacterial conditions at the beach, these notices usually are posted at the end of Wharf Road; he suggested that a notice also should be posted at the Brighton Avenue beach entrance because most of beach use is there-- especially surfers.  Staff was directed to write a letter to the County consistent with Magi’s suggestion.   Magi asked if the Board had any questions for him regarding Item 13 on the agenda as he would prefer not to stay through the entire meeting for that issue if there were no question.  In response to questions from the Board, Magi confirmed that the Beach Committee recommends that the BCPUD accept the OTD’s, subject to confirmation that doing so will not increase the district’s liability exposure.

-- Community Paths Group:  Nothing to report.

-- Downtown Parking and Traffic:  The Board reviewed a draft letter to Liza Crosse seeking reimbursement for the BCPUD for the costs of the November election attributable to Measure D, the Downtown Parking & Traffic Plan measure.  Staff was directed to revised the letter consistent with the Board’s comments and send it to Ms. Crosse.  Director Amoroso reported that the committee has a meeting scheduled for March 28th at which time it will discuss any revisions needed to the plan based on community input at the February 7th meeting and will discuss strategies for working with the Coastal Commission on plan implementation.  .

-- West Marin Mosquito Control Committee:  Director Kimball reported that the committee had a very positive meeting on March 13, 2006:  the committee has come to a draft one-year agreement with the M&VCD which will be presented to the BCPUD Board and the M&VCD Board for approval at their respective April meetings.  The committee also has continued its work to transition to a West Marin Mosquito Control Council:  IPUD, Muir Beach CSD, Tomales CSD, Point Reyes National Seashore and NMWD have all joined and will start meeting as a council as soon as the agreement with M&VCD is signed.  Finally, the committee has spoken with M&VCD about the status of the Public Records Act request the committee submitted last July; the M&VCD agreed that committee representatives can come review its files after the agreement is signed.

-- West Nile Virus Task Force:  Director Kimball reported that the task force will start meeting again as of March 20th after a winter hiatus.  Director Kimball attended the recent WNV conference of the Center for Disease Control and learned that the overall rate of WNV infection in the nation has declined dramatically.  An overall message of the conference was:  prevention really works. 

-- Resource Recovery:  Financial report for February 2006; Minutes 2/06 meeting.  The Board received the February financial report and minutes;  staff reported that the RRP has now paid in full for the tractor and this should improve the project’s financial outlook.  Also, the RRP committee reluctantly voted at its March meeting to decline the BCPUD’s request to host a bulky waste drop-off site for Empire Waste Management due to concerns over the site becoming viewed as a garbage dump.

6.   Whitehead Expanded Water Use Permit (REVISED) -  271 Poplar Ave

The Board and staff discussed the BCPUD’s current assessment of Ms. Whitehead’s proposed drainage plan, which she submitted with her building plans and expanded water use permit application.  Staff explained that the district is working with the County to establish a protocol whereby building permit applicants who propose drainage work will be notified of the requirements of the Todd Plan, instructed to conform their proposed work to this plan and obtain permits from the BCPUD for any work to be done in the public rights of way.  Staff also reported that Ms. Whitehead and her engineer currently are working with the BCPUD to make any necessary revisions to the drainage plan;  staff recommended, and the Board agreed, that Ms. Whitehead’s planned drainage work can proceed on a separate track and should not delay consideration of Ms. Whitehead’s expanded water use permit

Director Siedman asked if the Board had any comment on the expanded water use permit application, noting that the historic practice of the Board is to grant such applications based on historic water use or, if such use is not available (as in this case), the district average.  Director Amoroso suggested that the application be conditionally granted, with water use restricted to the current district average, plus 50%.  Discussion ensued as to whether the additional 50% of average water use was appropriate.

V. Amoroso/B. Kimball    all in favor    to conditionally approve the expanded water use permit  application, with a restriction on usage of the current system average use, plus 50%.

7.    Dwaileebe/Johnston Lot Line Adjustment (LL 06-16), APN 190-13 and 23, 421 Ocean Parkway, Bolinas

The Board had no comment on the proposed lot line adjustment as the proposal does not affect any matters within the BCPUD’s jurisdiction.

8.    Request for Funds for landscaping project at the Bolinas Beach entrance on Brighton Avenue

    This item was continued until the April meeting per the request of Janine Aroyan, who notified staff that she needs more time to develop the terms of her proposal.

9.    Proposal to write Marin County Transit Authority and Supervisor Kinsey in support of West Marin Stage route from Bolinas to Pt. Reyes Station.

Director Smith explained that he would like the BCPUD to send a letter supporting the expansion of the West Marin Stage route from Bolinas to Point Reyes Station.  He has been closely following the update of the County’s Transit Plan and has witnessed a lot of local support and need for such a service expansion.  Director Smith pointed out that one reason the BCPUD endorsed Measure A two years ago was precisely because of the importance of the Stage bus service to West Marin.  After some discussion, the Board directed staff to send a letter consistent with Director Smith’s proposal to Amy Van Doren of the Transit District, with a courtesy copy to be sent to Supervisor Kinsey.

10.  Request to Appoint a Volunteer Committee to Update the Bolinas Community Plan.

Meg Simonds stated that she requested this agenda item because she feels that the Bolinas Community Plan (“BCP”) on a number of levels may be out-of-date;  she also would like to see the community take a strong stand in support of sustainability practices, among other things, in the BCP.  Director Siedman asked for comment from the Board and public.

Director Kimball observed that the County is planning to update the Local Coastal Plan (“LCP”) beginning this summer;  when this occurs, it will be very important for Bolinas to have an up-to-date community plan.  She said a review of the community plan has been an interest of hers for some time and she supports Meg’s request.

Cela O’Connor agreed that the BCP must coordinate with the LCP and that it would be a good idea to get started on an update of the BCP.  David Kimball also supports Meg’s proposal and noted that the BCP can set a higher standard than the LCP or the Countywide Plan on issues such as land use, as long as those standards do not actually conflict with the county plans.  He endorsed bringing community wisdom to bear on the BCP.

After further discussion, the Board agreed that a review of the BCP is a good idea—although the vision remains sound, the plan itself is out-dated at this point—and that the appointment of an advisory  committee to study the plan is appropriate.

B. Kimball/D. Smith    all in favor    to seek community applicants to the committee via notices in the Hearsay and to include an item on the April meeting agenda to appoint an advisory committee to review and possibly update the Bolinas Community Plan.

11.  Request to Amend the Minutes of the August 2004 Meeting of the BCPUD Board of Directors

    Stacey Henderson stated that the minutes of the August 2004 Board meeting do not fully reflect the actions of the Board that evening;  in particular, the minutes do not reflect the Board’s unanimous vote to issue letters to the Marin and Sonoma LAFCO’s expressing the BCPUD’s full support for the proposed annexation of areas outside the present boundaries of the Marin/Sonoma Mosquito and Vector Control District.  Director Amoroso noted that the usual process followed in connection with a request to amend Board minutes is for the requester to locate the discussion on the meeting tapes so that the Board can review the discussion and determine whether an amendment is appropriate.  Stacey agreed to do that and, in response to a question from Director Smith, said that she feels the minutes should be amended because people have approached her saying that there is no record that BCPUD ever supported annexation into the M&VCD.

12.    Update on Status of Stream Conservation Area Stewardship Plan - 875 (formerly 5675) Horseshoe Hill Road (A.P. No. 189-090-03) – Michael Moritz (former Vierra Ranch)

The Board received a memorandum prepared by staff concerning a recent site visit to the property with, among others, Ranch Manager Bobby Heffelfinger; this site visit was conducted for the purpose of commencing implementation of the Moritz Stream Conservation Area Stewardship Plan.  Mr. Heffelfinger proposes to install moveable solar-powered electrical fencing along Pine Gulch Creek to keep the grazing cattle a minimum of 30 feet away from the top of the creek bank.  In response to specific questions and/or concerns expressed by the Board, Mr. Heffelfinger clarified that he intends to use 12 volt battery-powered electric fencing with a solar back-up, rather than rely exclusively on solar-powered electrical fencing, and that he is willing to use 3 strands of wire, rather than only two.  Also in response to questions and/or concerns expressed by the Board, Mr. Heffelfinger said that while he wishes to preserve the ability of his staff to use the informal “road” that has been established next to Pine Gulch Creek for ATV vehicles to travel between pastures, this use would be on an emergency or “as practicable” basis only.  Director Smith stated that use of the “road”, if it is to continue at all, should be on an emergency basis only; he said that continued use of the “road” seems to be inconsistent with streamside conservation principles (i.e., no development with a 100 foot set back from top of creek bank) and with the condition imposed by the Board of Supervisors for the minimum 30-foot buffer zone from the top of creek bank. 

At Director Siedman’s request, Mr. Heffelfinger agreed to confer with the Moritz family and its representatives and submit to the BCPUD a written ranch management proposal for the Board’s consideration at its next regularly scheduled meeting on April 19, 2006.  

13.    Decision whether BCPUD should approve the Volunteer Beach Committee’s recommendation to accept the Offers to Dedicate along Bolinas Beach

D. Smith/B. Kimball    all in favor    to accept the Offers to Dedicate along Brighton Beach.

14.    Memorandum of Understanding between the Firehouse & Clinic Project, Mesa Park and BCPUD regarding installation, operation and maintenance of connection to sewer system

Staff requested Board approval to proceed with the drafting of an MOU with the Firehouse & Clinic Project (“Project”) and Mesa Park concerning the installation, operation and maintenance of the Project’s connection to the BCPUD’s sewer system.  Staff recommends that the MOU address, among other things:  the responsible party for the installation and maintenance of the connection to the sewer system from the property site to the energy dissipater manhole (where force main enters the system); the responsible party in the event of damage to BCPUD facilities during installation; BCPUD’s approval and inspection rights with respect to the work performed on BCPUD property.  No objection was raised to staff’s request, and Director Siedman directed staff to proceed with preparation of the MOU.

15.  Tomales Bay Watershed Council/Integrated Regional Watershed Management Plan:  Decision whether BCPUD should join the Tomales Bay Watershed Council (“TBWC”) and appointment of representative; recommendations for appointment to the TBWC Technical Advisory Committee.
    Staff reported that TBWC received a Prop. 50 grant to prepare an Integrated Regional Coastal Watershed Management Plan; although BCPUD is not currently a member of the TBWC and is not within the Tomales Bay Watershed, Bolinas was included within the scope of the grant proposal  because of Duxbury Reef, which is a coastal Area of Special Biological Significance (“ASBS”).  TBWC has mobilized to start drafting the Plan and the State Water Resources Control Board has required that the TBWC appoint a Technical Advisory Committee (“TAC”) as a part of the grant terms.  The TBWC has invited the BCPUD to become a member of the Council, at least for the duration of the Prop 50 process, and has recommended that BCPUD staff serve on the TAC because of the district’s position as a key stakeholder.   Staff recommends that a Board member serve as the BCPUD’s representative to the TBWC and that staff serve on the TAC. 

V. Amoroso/    B. Kimball    all in favor    to appoint Jack McClellan as the BCPUD representative to the TBWC and the BCPUD General Manager as the BCPUD representative to the TAC.

Director Smith agreed to serve as the Board member alternate in the event Director McClellan is unable to attend a TBWC meeting.  Director Kimball agreed to serve as the second alternate in the event Director Smith also is unable to attend a TBWC meeting.
16.    Other Business

a.  Board Committee Reports

-- Finance:  Staff reported that the Finance Committee met on March 7, 2006 to begin its review of the draft FY2006-2007 budget and is next scheduled to meet on April 11, 2006.

V. Amoroso/B.Kimball        three in favor (D. Smith abstaining)    to approve full reimbursement of expenses to Director Smith for the costs of preparing the commemorative CD of Phil Buchanan’s retirement party.

V. Amoroso/S. Smith    all in favor    to approve $2,500 to pay for housing and incidental expenses relating to the AmeriCorps*NCCC project.

-- Legal:  Nothing to report.  Staff was directed to send a letter to the National Park Service indicating that the BCPUD is willing to work with NPS to identify creative financing options to enable NPS to purchase BCPUD’s Pine Gulch Creek property at its fair market value.

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

-- Operations:  Nothing to report.

-- Park and Recreation:  The Board received copies of minutes from the committee’s January and February meetings, as well as a copy of a Use Agreement with the BCLT regarding the parking of the Flea Market bus on a trial basis at Mesa Park.  Director Siedman reported that Mesa Park has agreed to allow the Firehouse & Clinic Project to locate the convault tank in the parking lot during construction of the new building.  Anita continues to pursue a permanent location for the tank.

-- Personnel:    Staff requested authorization to create a temporary position of Acting Chief Operator.

V. Amoroso/D. Smith    all in favor    to authorize staff to create a temporary position of Acting Chief Operator.

-- Sewer:    Nothing to report.

b.    Minutes of February 15, 2006 Regular Meeting

Directors offered several clarifying/corrective changes to the draft minutes.

B. Kimball/V. Amoroso    all in favor    to approve the minutes of the February 15, 2006 meeting, as amended.

c.  Warrants

V. Amoroso/B. Kimball    all in favor    to approve the warrant list.

d.  Scheduling of Next Meeting(s)

April 19, 2006 at 8:00 p.m.

17.    Adjournment

12:00 midnight