Bolinas Community Public Utility District
A Regular Meeting
Of The Board Of Directors
March 21, 2007 270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Kimball, and Smith present; directors
McClellan and Siedman absent. Director Amoroso presiding.
3. Manager’s Report
Staff reported that negotiations continue with Siemens
Water Technologies regarding the terms of the contract for the conversion
and retrofit of the Woodrat Water Treatment Plant; staff expects to receive
a revised contract later this week. The actual work may need to be
postponed until after Labor Day if water supply conditions stay as they are
without any late Spring rains because it will be difficult to produce sufficient
treated water to meet demand with two filters off-line during a period of
low flows. At present, the Woodrat Water Treatment Plant is running
very well as a result of several weeks of repair and maintenance by the staff.
Staff advised the Board that certain operational equipment
is in need of immediate replacement at a cost to the district of approximately$5,500;
in response to questions from the Board, staff stated that the equipment
currently in use is more than 25 years old and not worth the money it would
take to repair. The Board had no objection to replacing the equipment.
Staff directed the Board’s attention to recent correspondence
received from FEMA (with revised disaster assistance amounts and new permit
conditions), as well as to correspondence sent to the California Department
of Health Services to certify the district’s compliance with the state’s
chlorine disinfection byproduct notification rules.
On the wastewater side of operations, staff is preparing
to replace a number of the valves in the sprayfields prior to the commencement
of spray season in order to better regulate the flow of water between fields,
thereby enabling the fields to dry out more completely. Staff also
recently cleared the asphalt paths around the perimeter of the sprayfields
to improve accessibility. In addition, staff is in preliminary conversations
with the Marin/Sonoma Mosquito & Vector Control District about a collaborative
mowing project to reduce grasses and reeds on the east side of the sewer
Staff reminded the Board that the ACWA/JPIA Spring Conference is coming up
in early May; the Board requested that staff attend the conference
and report back to the Board.
Staff followed up on Cela O’Connor’s concerns about the fence installation
on BCPUD and NPS property near Woodrat 1; staff spoke with Bill Niman, who
assured staff that the fence construction was explicitly approved by NPS
and essentially replaced exactly what was there previously. Staff also
spoke with Don Neubacher, Park Superintendent, who confirmed that the Park
Service carefully evaluated Cela’s concerns, but concluded that the fence
is acceptable as constructed.
Staff also followed up on the Board’s request to alert the owner of the boat
presently in the Juniper right-of- way just south of Alder that the boat
must be moved out of the right-of-way as soon as possible. The boat
owner agreed to do so and informed staff that he is making arrangements for
a crane to be brought in to move the boat out of the right-of-way and onto
his property (which borders former Lightfoot property) no later than the
end of the month.
Finally, staff noted that CalTrans plans to re-open Highway One between Mill
Valley and Stinson Beach on March 28th and that the West Marin Stage is implementing
a new service schedule effective April 1st.
-- Drainage Project Manager’s Report
The Board received a written report from Drainage Project Manager Lewie Likover,
who is on vacation. Matt Lewis inquired about the status of a
potential re-engineering of the Todd Drainage Plan; director Amoroso responded
that Lewie is working with local geohydrologist Rob Gailey on specific issues
relating to the plan. Matt requested that the Dogwood and Evergreen
culverts be replaced prior to any replacement of the Cedar culverts; director
Smith said that the BCPUD is seeking Rob’s advice on these culvert replacements,
as well. Director Smith then asked staff who is paying for the proposed
ditching along Evergreen Road between Mesa and Poplar Roads, as described
in the drainage manager report. Staff said that Lewie will be requested
to follow-up with director Smith. Director Smith said he wants to be
sure that the district is consistently applying any and all policies with
regard to payment for ditching work and culvert installation/replacement.
4. Community Expression
Jennie Pfeiffer said that she is very concerned about the recent raids in
Marin by INS officials; she said that many people in our community are very
afraid and even keeping their kids home from school out of fear for their
safety. Lyndon Comstock noted that the Marin County Board of Supervisors
has been asked to pass a resolution expressing opposition to the raids;
Jennie asked if the BCPUD would be willing to write a letter of support to
the Board of Supervisors for such a resolution. After further discussion,
it was agreed that Jennie will confirm whether such a resolution is pending
before the County Supervisors and, if so, will inform BCPUD staff so that
a letter of support can be drafted.
Matt Lewis requested that the standing agenda item relating to an update
on the Tomales Bay Watershed Council progress on the Integrated Coastal Watershed
Management plan be moved up to an earlier point on the agenda and staff agreed
to do so for all future updates.
5. Public Hearing: Proposed Increases to the BCPUD’s
Quarterly Metered Water Delivery Charges.
Director Kimball stated that all of the district’s customers have been sent
a public notice regarding the BCPUD’s proposal to increase its quarterly
metered water delivery charges in accord with the notifications requirements
of Proposition 218. The proposal is based on an extensive analysis
by the Board and staff of the district’s water rates compared to other districts
in Marin; this analysis demonstrated that the district’s rates for
the highest water users are substantially lower than the rates charged for
such usage by the other districts in Marin. As a result, BCPUD customers
who use the least amount of water effectively are subsidizing the heaviest
water users; the Board determined that it was appropriate to add additional
“tiers” of rates at the highest consumption levels in order to fairly charge
customers for their actual water use and to encourage conservation.
Lyndon Comstock said the proposed increases are a good idea that have been
discussed at multiple meetings: He said that the people who are putting
extra burden on the community’s water delivery system should pay for that
burden and that the new rates will provide an excellent conservation incentive.
Janine Aroyan provided some materials from the Marin Municipal Water District
about that district’s “leak adjustment policy” and encouraged the BCPUD to
consider such a policy. She also pointed out that the new rates will
have a big economic impact on properties with gardens and on local nurseries.
D. Smith/B. Kimball all in favor to adopt
the proposed increases to BCPUD’s quarterly metered water delivery charges
as set forth in the Proposition 218 notice to customers.
6. Volunteer Committee Reports
-- Alternative Energy: Director Kimball reported that she successfully has
recruited Willard McDonald to serve on the committee and that a meeting will
be scheduled soon.
D. Smith/B. Kimball all in favor to appoint
Willard McDonald to the BCPUD’s Alternative Energy Committee.
Director Smith reported that he is working on developing an appropriate structure
for the BCPUD to finance the installation of solar energy panels at its various
operational locations in Bolinas. At present, it seems that it will
be cost-effective to negotiate jointly with the Bolinas Stinson Union School
District and the Bolinas Firehouse & Clinic Project. In principle,
the financing company will actually own the solar infrastructure, install
it on district property and then charge the district for the electricity
-- Beach: Nothing to report. Director Kimball stated that she understands
that the community meeting to discuss the Final Report will be scheduled
for a date in April; staff was asked to confirm.
-- Bolinas Community Plan Review Committee: Director Amoroso said that
the next meeting of the committee is scheduled for March 28th.
-- Bolinas Lagoon Technical Advisory Committee: Director Amoroso attended
the most recent BALTAC meeting and reported that not much is happening; at
this particular meeting, there was discussion whether to use herbicides to
control pampas grass in the Stinson area – evidently the grasses are destabilizing
on the slopes above the lagoon.
-- Community Paths Group: Acceptance of responsibilities
involving bicycle/pedestrian path across BCPUD land and adjoining County
right-of-way; Approve path safety and maintenance plan checklist requested
by ACWA/JPIA. Director Smith reported that the County Deputy Zone Administrator
has scheduled a hearing on the BCPUD’s coastal permit application to install
the bike path for March 29th at the Civic Center. He noted that the
County has agreed to allow the BCPUD to use gravel and fines for the path
surface in the County right-of-way (the County typically requires asphalt)
as long as the BCPUD acknowledges that if an accessibility issue arises,
the BCPUD (not the County) has the responsibility to deal with it.
Director Smith noted that the district already has accepted this responsibility
for the portion of the path on district lands, so the County request in this
regard it not really anything new.
D. Smith/B. Kimball all in favor to accept
the responsibility for accessibility issues arising from the path construction
out of gravel and fines, rather than asphalt, in the County right-of-way.
Director Smith further noted that the grant terms provide that the district
will not receive payment until the bike path is completely installed; however,
contractors typically require 10 percent upfront, progress payments during
construction, and the final 10 percent when County’s final inspection is
complete. He proposed that the BCPUD pay these costs out of reserves
on the understanding that the amounts will be repaid out of the grant when
it is received. There was no objection from the Board to this proposal.
Director Smith stated that he plans to talk with RRP Manager Mike Aitken
about the amount of brush that will be removed from the property during the
path construction. Finally, he noted that staff has prepared an inspection
and maintenance checklist as requested by ACWA/JPIA. The Board directed
staff to submit the checklist to ACWA/JPIA as drafted and delegated authority
to staff and director Smith to make any revisions to the checklist requested
-- Downtown Parking and Traffic: Nothing to report. The Board directed
staff to contact the Committee chairperson and request that the committee
resume its meetings.
-- Resource Recovery: Receive February Financial Report; Receive January
The Board directed staff to include an item on the April
agenda to discuss a commendation for Mike Aitken for his excellent management
of the Resource Recovery Project.
-- Terrace Avenue/Alternative Access Road Committee: Nothing to report.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball reported that the Task Force is scheduled to meet in April;
recent statistics from the state about the detection of West Nile Virus are
included in the Board binders—the numbers are low, but occurring earlier
than usual due to the warm weather. The Coordinating Council has been
meeting bimonthly; the Council met in January with Jim Wanderschied and Joanne
Towl from the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”)
to discuss an extension of the current agreement for West Marin, which expires
in April and the M&VCD verbally agreed to extend the agreement while
negotiations are underway. At a follow-up meeting on March 19th, the
Council discussed the M&VCD’s request to use additional mosquito control
products and various members have agreed to conduct research and report back.
Director Kimball has called the Marin County Agriculture Department to inquire
whether the use of the requested products could impact organic farms.
7. Request to Amend the Minutes of the June, November and
December 2006 Meetings of the BCPUD Board of Directors (Simac)
Director Smith noted that there is a memo from staff analyzing Mr. Simac’s
request to amend past meeting minutes and recommending specific action; director
Smith indicated that he reviewed the memo and concurs that the staff recommendations
are reasonable and appropriate. Director Amoroso noted that Mr. Simac
seems to have two general concerns: the accuracy of the minutes and
the accuracy of what was said at the meetings; he noted that the Board cannot
weigh in on the latter, but is willing to make the changes requested to ensure
that the minutes accurately reflect what was said (whether or not what was
said was, in fact, accurate). Mr. Simac agreed. Staff read three
proposed changes recommended in the memo provided by the Board.
B. Kimball/D. Smith all in favor to approve
the three changes to past minutes as read by staff.
8. Update on BCPUD Progress on an Ordinance Regulating
Water Wells within the Boundaries of the District.
Staff presented a proposed draft notice to be mailed to property owners within
300 feet of a proposed well site. Stephen Simac noted that director
McClellan previously has stated that the BCPUD supports the installation
of irrigation wells; director Amoroso said that the BCPUD previously did
not appreciate the potential impact of such wells on neighboring properties
if setbacks are not properly enforced, particularly in light of the presence
of hundreds of on-site wastewater systems. Accordingly, director Amoroso
explained that the BCPUD is now responding to community concerns about the
lack of notification of pending well permit applications and is working to
implement a process which will ensure that all potentially affected property
owners receive notice and an opportunity to be heard with regard to any pending
well permit in the district.
Lyndon Comstock expressed support for the BCPUD’s efforts
to ensure that a public notification and comment process is implemented within
the district. Discussion then ensued over whether the BCPUD or the
County properly should undertake the burden and expense of providing neighbor
notice and whether the notice should be sent to all property owners within
300 feet of a proposed well site (as is done in connection with the County
building permit process), or some lesser distance. Director Smith
observed that two recent notices from the County in the Board binders indicate
that the County intends to enforce a 100 setback from property line requirement
for water wells on the Bolinas Mesa, which renders the need for neighbor
notification moot – if the property owner applying for a well permit must
maintain a 100 foot setback from his/her own property lines, then the well
installation will not negatively impact a neighbor’s property, at least insofar
as on-site wasterwater systems are concerned. Staff was directed to
confirm the County enforcement of the 100 foot property line setback for
wells on the Bolinas Gridded Mesa.
9. LAFCO Election for Special District Members.
D. Smith/B. Kimball all in favor
to vote in favor of Dennis Rodini, Dave Mitchell, Kenneth Marks, in that
order, for the LAFCO Special District Representative.
D. Smith/B. Kimball all in favor to vote
in favor of Kenneth A. Marks as the LAFCO Special District Representative
- Alternate Member.
10. Resolution 545: Establishing a Year-Round Meeting
Start Time of 7:30 P.M. for all Regular Monthly Meetings of the BCPUD Board
B. Kimball/D. Smith all in favor to approve
Resolution 545 and establish a year-round meeting start time of 7:30 p.m.
for all regular meetings of the BCPUD Board of Directors.
11. Update on Tomales Bay Watershed Council progress on
an Integrated Coastal Watershed Management Plan.
Director Smith reported that the most recent TBWC meeting consisted primarily
of a brainstorming session on projects the TBWC would like to submit for
consideration in the planning process. Staff reported that there
have been no Technical Advisory Committee (“TAC”) meetings since the last
regular meeting of the BCPUD Board, but the consultants are hard at work
preparing drafts of the various chapters of the ICWMP and circulating them
for comment. Thus far, the report assessing the condition of the Duxbury
Reef Area of Special Biological Significance (“ASBS”) is of most interest
to Bolinas; staff has reviewed the draft report carefully and submitted
detailed comments. A meeting has been scheduled for March 30th between
BCPUD staff, County Stormwater Pollution Prevention staff and NPS staff to
discuss a possible collaborative project proposal for the Duxbury Reef ASBS.
12. Other Business
a. Board Committee Reports
-- Finance: Report on Status of 2007-08 Draft Budget. The Finance
Committee met on March 13th and reviewed preliminary drafts of the budget.
The Committee also discussed preliminary plans to revise the district’s chart
of accounts and potentially move out of the County financial system effective
July 1, 2007. The district plans to hire a new bookkeeper and a CPA
to assist with this transition process and to ensure that the BCPUD financial
process are in full compliance with new GASB rules and regulations.
-- Legal: Staff has identified a law firm to provide the district with
advise on public contracting and public rights-of-way issues and requested
authority from the Board to retain the law firm.
D. Smith/B. Kimball all in favor to authorize
staff to execute a client retainer agreement.
-- Mesa Septic, Flood Control and Roads: Nothing to report
-- Operations: Nothing to report.
-- Park and Recreation: Nothing to report.
-- Personnel: Staff reported that Kate Currey retired from the district
effective March 8, 2007 and that a retirement dinner has been scheduled at
the Blue Heron on March 29th.
-- Sewer: Nothing to report.
b. Minutes of the February 28, 2007 Regular Meeting
Director Amoroso stated that he has not yet reviewed the minutes of the February
meeting. Director Smith requested one revision to item 8.
B. Kimball/D. Smith all in favor to approve
the minutes as amended by director Smith, with leave to further amend by
director Amoroso, if necessary.
B. Kimball/D. Smith all in favor to approve
d. Scheduling of Next Meeting(s)
April 18, 2007 at 7:30 p.m.