Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
April 19, 2006     270 Elm Road, Bolinas

1.  Call to Order

    8:00 p.m.

2.    Roll

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

3.    Manager’s Report

    Staff reported that the AmeriCorps*NCCC mosquito abatement project that took place throughout the district from March 23, 2006 – April 6, 2006 was a great success.  The community response to the AmeriCorps*NCCC volunteers was incredible, with numerous individuals donating time to the project, serving as site supervisors, hosting dinners, and the like;  the community participation made a tremendous impression on the volunteers.  Staff noted that the success of the project is directly attributable to the efforts of  Bobbi Kimball, David Kimball and Lewie Likover, all of whom devoted many hours a day during the two-week project period to manage and oversee the work.  By the ending date, the volunteers had installed roof vent screens on almost 150 properties (some with numerous buildings), made significant progress on the implementation of specific drainage projects (specifically including work in the Larch right-of-way off of Overlook), assisted with the district’s preparation of the sewer pond property for a ditching project to be performed there in early May with the Marin/Sonoma Mosquito & Vector Control District, and conducted a survey of the fire hydrants on the Big Mesa in preparation for the district’s planned elevation survey.

    Staff further reported that district’s FEMA disaster assistance application for funds to repair damage sustained during the New Year’s Eve storms in the Arroyo Honda Watershed has been finalized and submitted after a lengthy process of watershed site visits and documentation with the assigned FEMA officer. 

    The district has been formally accepted as a member of the Tomales Bay Watershed Council (“TBWC”) for the duration of the Prop 50 grant process, which is anticipated to take place over the next 18 – 24 months.  Director Smith attended the most recent TBWC meeting on April 18, 2006 and staff attended the most recent TBWC Technical Advisory Committee meeting on March 21, 2006. 

    Staff noted that the Board binders contain copies of BCPUD’s recently submitted 2005 Annual Report to the California Department of Health Services regarding the district’s operations.  Staff further noted that representatives of the National Park Service’s Point Reyes National Seashore staff will be meeting with BCPUD staff and directors on April 21, 2006 at the BCPUD offices.   Staff is scheduled to attend the bi-annual ACWA/JPIA conference on May 8 – 9th in Monterey

With respect to current operations, staff held an off-site meeting on March 16, 2006, which was very productive and resulted in significant progress on assessing and prioritizing upcoming projects.  On the water side of operations, the office has been receiving calls inquiring about water quality due to the current discoloration of the treated water;  this discoloration is due to the fact that the district continues to draw water from the reservoirs until the repair on the external feed line at the treatment plant can be completed.  The repair is scheduled to be completed on April 20, 2006.  On the wastewater side of operations, the district continues to spray “out of season” at the ponds in light of the overcapacity caused by the continuing rains;  staff  is updating  the Regional Water Quality Control Board on a regular basis.  Staff has revised the district’s reporting procedures on both the wastewater and water side of operations.  Maintenance staff  has been engaged in a considerable amount of vegetation management work and the district has purchased two new mowers to facilitate this work. 

Staff updated the Board on correspondence sent and correspondence received by the district since the last regular meeting of the Board.   The Board discussed at some length a letter dated April 14, 2006, from Bob Beaumont, Chief Assistant Director of the County’s Department of Public Works, regarding Terrace Avenue at Overlook.  The letter explains that the County has been monitoring the road and has applied for FEMA funds to repair it or fund an alternate access around the slide, but notes “it would be prudent for your district, the Fire Department and all others affected by this slide to develop contingency plans in the event of a road closure.”   After some discussion, the Board agreed that time is of the essence and that the BCPUD must work immediately with the Fire Department and, importantly, the County to determine next steps for the road at this location; the road is a critical egress road off the Big Mesa from a safety perspective and serves more than 40 homes in the immediate area.  It was unanimously agreed that the County should not be permitted to abrogate its responsibility to maintain this road.

V. Amoroso/B. Kimball    all in favor    to appoint Director Smith as the BCPUD representative to work with the Bolinas Fire Protection District and the County to address the immediate need for action with regard to Terrace Avenue.

      -- Drainage Project Manager’s Report

Drainage Project Manager Lewie Likover reported that the Larch right-of-way between Overlook and Aspen has been cleared with the able assistance of the AmeriCorps*NCCC volunteers and that significant progress has been made on other projects along the Larch right-of-way and around the sewer pond property.  Lewie is negotiating a potential contract with a surveying company to locate fire hydrant elevations and is in discussions with Rob Gailey, a local hydrogeologist, regarding potential costs of reengineering the Todd Plan for the bluff erosion zone.  Lewie reported that he is coordinating with numerous road groups across the Big Mesa for road improvement and drainage work.  He also is working with County employees on a mapping project relating to storm water flows that the County is mandated to complete this year;  Lewie anticipates that the County will share a great deal of information with the BCPUD that will be very helpful to our drainage efforts.  Finally, Lewie reported that he plans to purchase a laser level and hand-held GPS unit to facilitate BCPUD drainage work.

    In response to questions from Board members and the audience, Lewie stated that many of the current community and BCPUD drainage projects are scheduled for implementation during the summer and fall months, before the next winter rains set in and he agreed to talk with the potential surveyor for a quote to locate culvert elevations, as well as fire hydrant elevations.

4.    Community Expression

On behalf of Elia Hayworth, Janine Aroyan thanked the BCPUD for the great job done by the AmeriCorps*NCCC team in Bolinas and thanked Lewie Likover and Matt Lewis for their on-going efforts to improve drainage on the Big Mesa.

5.    Volunteer Committee Reports

-- Alternative Energy:  Director Smith reported that he learned in a recent AB 1234 Ethics Training class that the BCPUD cannot contract with any person who has a financial interest in the project at hand;  accordingly, the BCPUD would not be able to contract with the solar energy partnership Don has formed to install solar panels at the Water Treatment Plant.  He was advised that BCPUD can contact the California Attorney General for an exception, or another solar energy partnership can be set up under another person’s management.  Don asked the other Board members of their thoughts;  after some discussion, the Board agreed that Don should inquire with the Attorney General’s Office about the possibility of an exception for Don’s solar energy partnership.

-- Beach:  Nothing to report

-- Community Paths Group:  Director Smith reported that he learned in the same AB 1234 Ethics class that it may be necessary for the Board to approve by resolution the proposed sole-sourcing of the bike path construction;  if so, Director Smith asked that such a resolution be approved at the next Board meeting.

-- Downtown Parking and Traffic:   The Board reviewed an e-mail submitted by Jody Angel alleging that the Downtown Parking & Traffic Committee violated unspecified voting laws when it placed the advisory measure regarding the Parking Plan on the November 2005 ballot and further alleging that the Plan is not supported by the Bolinas community.  Director Amoroso said that the Committee carefully followed all legal requirements with regard to the ballot measure and that Committee member Stacey Henderson had attempted to personally contact Ms. Angel with regard to a possible “argument against” the ballot measure;  he noted that such personal contact is more than the law requires.  Stacey Henderson said that she was not successful in her efforts to contact Ms. Angel because she (Ms. Angel) was out of town. Staff reported that the Committee is in the process of scheduling a site visit with appropriate County representatives to confirm implementation and enforcement of the Plan;  the Committee then plans to submit its coastal development permit application to proceed with implementation. 

-- West Marin Mosquito Control Committee:  Deferred until Item 11 on the agenda.

-- West Nile Virus Task Force:  Director Kimball reported that she attended the most recent meeting of the Task Force on April 17th.  West Nile Virus Awareness Week is scheduled for April 24-30th .   The Marin/Sonoma Mosquito & Vector Control District reported the anticipated presence of lots of insects due to the lengthy winter rains;  the District plans to treat for tree-hole mosquitoes, even though these mosquitoes are not a vector for West Nile Virus.  The District has announced that it will not “fog” with pyrethrin south of the Marin County Civic Center.  Thus far in 2006, the Task Force has noted minimal WNV activity.
--  Resource Recovery:  Financial report for March 2006.  The Board received the March 2006 financial report, which shows the Resource Recovery Project’s financial position improving due to its recent payoff of the tractor.  Staff reported that Site Manager Mike Aitken would like to request reimbursement from the BCPUD for one-half the cost of the most recent grind as a lot of the green waste delivered to the site since the last grind was the result of the drainage and clearing work performed by BCPUD and the AmeriCorps*NCCC volunteers.  The Board directed staff to advise Mike Aitken to make a written request for a specific dollar reimbursement amount.

6.    Request for Funds for landscaping project at the Bolinas Beach entrance on Brighton Avenue
Janine Aroyan and Marcella Robinson presented the Board with the grant proposals they each have developed for garbage/recycling bins (Marcella) and garden (Janine) at the Brighton Beach entrance.  Janine and Marcella both are in the process of applying for grants from the Bolinas-Stinson Beach Community Fund for their respective projects; Marcella explained that the first step is to secure her grant for the garbage/recycling bins, and then pursue Janine’s application for the landscaping project.  David Kimball, a member of the Beach Committee, spoke in favor of the grant applications and requested that the BCPUD write a letter of support to the Bolinas/Stinson Beach Community Fund.

In response to requests from Board members, Janine presented the landscape design and the proposed budget for the project and answered questions.  She clarified that she is seeking to raise $9,000 from various contributors, over and above the grant application amount, and she is requesting a $3,000 contribution from the BCPUD.   Director Smith said he felt it is an important project:  this is BCPUD property and the district should make a contribution as the property-owner to the improved condition of the beach entrance.

D Smith/B Kimball        all in favor        to write a letter of support for both grant applications to the Bolinas/Stinson Beach Community Fund and to contribute $3,000 in cash and additional “in kind” donations as specified in Janine’s budget for the landscaping project.

Director Kimball told Janine that she would be happy to help coordinate volunteer help on the landscaping project, if and when that would be helpful.  Marcella and Janine thanked the Board for its support.

7.    Letter to California Coastal Commission regarding work to be performed at the Seadrift Revetment.

Director Siedman noted that staff had prepared a letter per the Board’s request to the Coastal Commission expressing the BCPUD’s concern about the potential impacts of pending so-called “maintenance” work to be performed at the Seadrift Revetment.  Director Amoroso said he thinks the letter is excellent and should be sent immediately.

V. Amoroso/D. Smith    all in favor    to finalize and send the proposed letter to the Coastal Commission immediately.

8.    Mohn/Gade New Single Family Dwelling (“SFD”) Coastal Permit, CP 06-25 – 550 Overlook Drive, Bolinas  APN: 192-061-10

Director Siedman observed that the Board received copies of a coastal development permit application to the County from the Mohn/Gade family to demolish their existing house and garage at 550 Overlook Drive and replace them with newly constructed buildings.  Alethea Patton was present to respond to questions or concerns on behalf of the Mohn/Gade family.  In response to questions from the Board regarding plans for septic and drainage at the property, Alethea said that the septic either would be a mound or drip irrigation system (the latter is preferred if approved for new construction by the Board of Supervisors), she agreed to work with BCPUD staff on the property’s drainage plan, and she agreed to inform the property owners to screen their plumbing roof vents when the new house is finished.  Finally, the Board advised Alethea that the Mohn/Gade family also must apply to BCPUD for an Expanded Water Use Permit in connection with the project.  Staff was instructed to write a response to the County on behalf of the BCPUD consistent with the foregoing discussion.

9.    Presentation of Proposed Ranch Management Plan -- Moritz Stream Conservation Area Stewardship Plan - 875 (formerly 5675) Horseshoe Hill Road (A.P. No. 189-090-03) (former Vierra Ranch)

Staff reported that Doug Ferguson, counsel for the Moritz family, has requested that this item be deferred to the next regular meeting of the Board. 

10.  Appointment of Advisory Committee to review Bolinas Community Plan.

Director Siedman noted that this item is on the agenda because many community members have expressed the view that the Bolinas Community Plan is outdated and in need of review;  he observed that 15 community members have applied to be on the Advisory Committee.  Director Smith said that he is delighted that so many good people have applied for the committee, but he is concerned that 15 is too many people for an effective committee.  He suggested that the committee start with a group of about five to conduct an initial review of the Plan and then identify the sections of the Plan in need of review;  this suggestion sparked considerable discussion about the best size and composition of the Committee and historic practice of including all who wish to serve.   Most audience members expressed the view that the Committee should initially include all who have applied;  over time, there will be attrition and/or the Committee will subdivide itself into subcommittees for more efficient work.   The Board members ultimately agreed with this approach and Director Amoroso agreed to serve as the Board member on the Committee.  Meg Simonds agreed to coordinate the first meeting and organize distribution of copies of the Plan to the Committee members.  Director Siedman confirmed that Committee members will be reimbursed by BCPUD for the cost of obtaining the Plan, which is available on the internet and also for purchase at the County Civic Center.

11.  Approval of Agreement with the Marin/Sonoma Mosquito & Vector Control District.

Director Kimball said that West Marin Mosquito Control Committee (“WMMCC”) chairperson Liza Goldblatt is out of town, or she otherwise would be present for this agenda item.  Director Kimball noted that the Board has before it a copy of the agreement that has been worked out between the WMMCC and the Marin/Sonoma Mosquito & Vector Control District (“M&VCD”), which is a one-page agreement with a number of attachments.  The WMMCC recommends that the Board approve the agreement on behalf of the BCPUD.   Director Smith moved that the Board authorize the Board President to execute the agreement on behalf of the BCPUD and Director Kimball seconded the motion.  Director Siedman asked for any discussion.

Director Smith asked whether the M&VCD has signed the agreement.  Director Kimball responded that the M&VCD Board has the agreement on their schedule to approve tonight, as well.  She noted that M&VCD General Manager Jim Wanderscheid personally drafted the agreement and is fully on board with its terms.  Director Kimball and Mr. Wanderscheid communicated earlier in the week to confirm the procedures for the respective Boards (BCPUD and M&VCD) to follow to approve and execute the agreement at tonight’s meetings.

D. Smith/B. Kimball    all in favor    to authorize the BCPUD Board President to execute the agreement with the M&VCD on behalf of the BCPUD.
12.  Request to Amend the Minutes of the August 2004 Meeting of the BCPUD Board of Directors.

Director Siedman observed that this item is on the agenda because Stacey Henderson would like the minutes to reflect that the Board voted at the August 2004 meeting to send two letters in support of West Marin’s annexation into the M&VCD.  After some discussion, during which Board members recalled different portions of the discussion back in August 2004 regarding the potential annexation, and different amendments to the minutes were proposed (including amendments to reflect that the Board was told that the M&VCD would help BCPUD with drainage and that the district would not be exposed to any additional pesticides), Director Siedman stated that the last time there was considerable controversy over the status of the minutes, a verbatim transcript of the minutes was prepared. 

V. Amoroso/D. Smith    all in favor    to amend the August 2004 minutes to include the entirety of the discussion regarding the Mosquito Abatement item as an attachment to these minutes.

13.    Request for BCPUD to Adopt a Mosquito Control Plan.

Matt Lewis thanked the Board for placing this item on the agenda at his request and inquired whether the agreement just approved with the M&VCD requires BCPUD to have a mosquito control plan.  Director Siedman said that it does not, but that the M&VCD will partner with BCPUD and other West Marin entities on mosquito control efforts.  Matt said that BCPUD is the owner of property with the vast majority of the mosquito breeding sites—specifically, the sewer pond property—and that BCPUD therefore should have a mosquito control plan.  Various directors noted that the BCPUD was doing more than ever before on drainage and mechanical means of mosquito control on its own property and throughout the Big Mesa (including but not limited to the appointment of a Drainage Project Manager, the completion of the AmeriCorps*NCCC project, the planned ditching at the sewer pond property with M&VCD that is scheduled to begin May 1st, and the purchase of new mowing and other equipment) and that the BCPUD has addressed drainage and mosquito control in every way it can, given the limitations of budget, staff and weather.  Matt agreed that the BCPUD has made more progress in the last year than ever before, but said he feels that BCPUD has an obligation to have a written plan in place.  Stacey Henderson also agreed that the BCPUD has made great progress, but said that the BCPUD should have an integrated pest management plan that sets deadlines, assigns jobs and so forth.   Director Siedman said that if BCPUD needs a document, perhaps M&VCD has a sample to provide;  staff was directed to request a sample document from M&VCD

14.    Other Business

a.  Board Committee Reports
-- Finance:  Draft 2006-2007 budget: approve Proposition 218 mailing and mailing of draft budget; approve dates for public hearing on budget (6/21/06) and budget adoption (7/19/06).  3rd Quarter Financial Report

        Staff presented the draft 2006-2007 budget, which proposes a 1% over-all increase in spending over the current fiscal year, a draft Proposition 218 notice to property owners advising of the anticipated increases in the water, sewer and septic/drainage service charges, and the 3rd Quarter Financial Report.  With regard to the draft budget, water service charges are projected to increase by $98 for a standard meter and $147 for meters over 1 inch in size; sewer service charges are projected to increase by $88; and septic/drainage service charges are projected to increase by $70, as BCPUD doubles its commitment to these services.   Staff clarified that these increases are necessary, despite the fact that overall spending is increasing by only 1% over the current fiscal year, because the BCPUD received a windfall in revenues last year when monies unexpectedly were returned by the State and was able to actually reduce rates to district customers.  No such windfall will be forthcoming in the next fiscal year, so rates must return to the approximately the levels they were during the 2004-2005 fiscal year.  Director Siedman requested that staff revise the Proposition 218 notice to make this clear to district customers.

            Director Amoroso, a member of the Finance Committee,  noted that the budget proposes to double directors’ fees from $125 per month to $250 per month and that this is clearly stated in the Proposition  218 notice. 

            Director Kimball noted there is a typographical error in the draft notice;  the public hearing date for the budget is identified as June 19, 2006 when, in fact, it will be on June 21, 2006.  She stated her strong support for the doubling of septic/drainage service charges, which will allow the BCPUD to continue and enhance its drainage work in the upcoming fiscal year.

V. Amoroso/B. Kimball        all in favor    to approve the Proposition 218 notice with the changes and corrections noted.

-- Legal:  Nothing to report

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

-- Operations:  Nothing to report

-- Park and Recreation:   Director Siedman reported that he has evaluated whether Mesa Park must follow the public bid process to hire an engineer to complete the design for the Reclamation project and has concluded that since these are professional services, the public bid process is not applicable, but Mesa Park must follow the procedures set forth in Chapter 10 of the applicable Government Code section with regard to the selection of the engineer.  Mesa Park will do the ground work, but BCPUD as the project grantee ultimately will need to conduct the Chapter 10 process. 

-- Personnel:  Staff was instructed to advise the other employees that the budget is nearing finalization and that if they have any proposed revisions to the MOU, such revisions must be submitted in writing to the Personnel Committee as soon as possible. 

-- Sewer:   Director Amoroso commented that the BCPUD may soon need to consider removing additional eucalyptus trees from the property.

b.    Minutes of March 15, 2006 Regular Meeting

Director Kimball commented that there was one typographical error in the draft minutes on page 4 where the Marin Municipal Water District is identified as a new member of the West Marin Mosquito Control Council.  This is incorrect:  the minutes should identify the North Marin Water District as the new council member.

D. Smith/B. Kimball        all in favor    to approve the minutes with the correction noted by Director Kimball.

c.  Warrants

B. Kimball/D. Smith        all in favor    to approve the warrant list.

d.  Scheduling of Next Meeting(s)

May 17, 2006 at 8:00 p.m.

15.    Adjournment
    11:25 p.m.