Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
April 20, 2005 270 Elm Road, Bolinas
1. Call to Order
8:00 p.m.
2. Roll / Announcement re April 6, 2005 Closed Session
Directors Amoroso, Kimball, Siedman, Smith present.
Director McClellan absent.
Director Siedman presiding.
Director Siedman announced that the Board of Directors met in Closed Session
on April 6, 2005 to discuss personnel matters. The Board decided
to offer the position of General Manager to Jennifer Blackman. The
decision is scheduled for ratification by resolution later in this meeting.
3. Manager’s Report
The Coastal Commission has responded to the District’s April, 2004 letter
regarding work on
the Seadrift revetment. That work stirred a debate regarding its scope,
and whether it
was extraordinary maintenance requiring a coastal development permit.
Coastal Commission Enforcement Officer Jo Ginsberg stated in an April 12,
2005 letter that it is the conclusion of Lesley Ewing, a Senior Coastal Engineer,
based on photographs and a plan view map provided by Noble Consultants, that
the Seadrift Association has complied with its permit, the 2004 work has
not increased the footprint of the revetment, and no Coastal Act violation
exists at this time. Director Amoroso said he would like to see the
photos. Staff will request copies.
The Board of Directors received copies of two recent publications for elected
officials, one a compilation of Ethics Laws, the other regarding compliance
with the Brown Act. The booklets will be made available at the
office for Board members’ reference.
ACWA JPIA has written BCPUD that the District’s Workers Compensation rates
will decrease by 13% for the April-May-June quarter.
Director McClellan arrived at 8:12 p.m.
The emergency generator at Woodrat #1 treatment plant
needs a new radiator. Stewart and Stevenson has quoted $3,050
to replace it. The maintenance crew has ordered a replacement
directly from the manufacturer. If the crew completes the work,
it will cost less than half the quoted price.
Emergency tree work needed at two locations, Poplar/Cedar and Alder/Ocean
Parkway, will be placed on the May agenda. Staff will mail the agenda
to neighborhood residents of both sites.
4. Community Expression
Matt Lewis requested that approval of the previous meeting’s minutes be placed
at the top of the agenda. Lewis stated that the approved minutes of
a recent meeting did not accurately reflect what he said at the meeting.
Director Siedman informed Lewis that minutes can be amended after they’re
approved if they’re shown to be incorrect. Lewis contended that any
draft minutes distributed to the Board of Directors must be made available
to the public. Policy concerning publication of the minutes will
be placed on the May agenda. Director Amoroso requested that
Lewis be prepared to support his position with relevant code citations.
5. Volunteer Committee Reports
-- Alternative Energy:
Nothing to report.
-- Beach:
The Board received a letter from Cela O’Connor urging acceptance by BCPUD
of the Offers To Dedicate (OTD) nine parcels of property on the beach as
passive recreational easements. O’Connor asked that this issue be on the
May agenda for a decision. Her request will be forwarded to the Beach
Committee for a recommendation.
The Board received a letter from Marin County Parks and Open Space, in response
to an earlier letter from BCPUD, stating that County of Marin will wait until
December, 2006 for BCPUD to act on the OTDs. If BCPUD has not
acted at that point, County of Marin will begin its own acceptance process.
Staff will determine the deadline for beginning the acceptance process.
In response to a suggestion from Director Kimball, staff will write to the
Beach Committee asking for the committee’s assessment of the pros and cons
of accepting the OTDs and also summarizing the committee’s progress
in completing its charge.
-- Community Paths Group:
Director Smith reported that the group has applied
for $40,000 in funding from the Transportation Authority of Marin.
-- Downtown Parking and Traffic:
Jennifer Blackman gave a brief update of recent activity, including the preparation
of the letter mailed to the Marin County Sheriff describing recent parking
problems and the lack of law enforcement. To date, there has been no
response.
At the May Board meeting, the committee will present the draft parking plan.
-- Mesa Drainage: Indemnity Agreement Request: Hettich
Property; Recommendation: Budget Increase for Mesa Drainage Project; Recommendation:
competitive bids to finish Pilot Project
Matt Lewis reported that he is talking to Jim Wanderscheid at Marin Sonoma
Mosquito & Vector Control (M&VCD) about gaining its assistance with
the pilot project. Lewis noted that M&VCD has the equipment and the expertise,
the timing is good for such a request, and combining integrated pest
management and wetlands management is the way to go.
Lewis also indicated that County of Marin has engineered drawings that would
work for the proposed bridges on Dogwood and Evergreen. Lewis will
to talk to Supervisor Steve Kinsey about the possibility of obtaining bid
ready plans and specifications for the project.
Lewis requested the Board increase the budget for the pilot project to $50,000.
Director Smith argued that the project is too big for a volunteer committee
to handle. Smith suggested the District move quickly to make
more money available and to consider hiring a part-time employee to manage
the project.
Kimball/McClellan all in favor
to ask M&VCD to assess the problem areas identified by Lewis and the
Drainage Committee and tell BCPUD what it can do, in conjunction with the
committee, under the M&VCD’s program guidelines. This issue will
be placed on the May agenda as a separate item.
Al Hettich, whose property is bisected by the drainage ditch, requested indemnification
from BCPUD for any further drainage work done on his property. Staff
will prepare an indemnification agreement for consideration by the Board
at the May meeting. A draft of the agreement will be sent to Hettich
prior to the meeting.
In response to numerous expressions of concern, future issues of BCPUD
Pipeline will stress the importance of keeping drainage ditches open and
free of debris.
-- Mosquito and Vector Control Committee:
The Board received the March 10 committee meeting minutes. Director
Kimball indicated the next meeting is April 27 at the Dance Palace.
Kimball expressed hope there will be a draft report to bring before the BCPUD
Board in May.
The committee has approved an educational brochure that it is asking M&VCD
to mail to everybody on effective mosquito control. Kimball asked
for the Board’s blessing. Matt Lewis criticized the makeup of the committee,
with its 4 members who live outside of Bolinas. Director Siedman
noted membership was purposely opened to the wider west Marin area, that
the committee is active and the BCPUD Board cannot tell it what to do
Director Amoroso reported on the April 18 meeting, which he attended as the
alternate to Kimball. The meeting was not noticed as a public meeting,
a lapse in the guidelines. Director Amoroso emphasized that all meetings
of the committee are subject to Brown Act notification requirements, even
educational sessions. Amoroso said there were 6 committee members present,
and 8 individuals from State and County government.
Amoroso reported that M&VCD has agreed not to use adulticides in west
Marin but wants to use Methoprene. No decisions were made at the meeting..
Director Smith urged a more proactive effort to promote screening of vent
pipes and sealing of septic systems, which Marin County Public Health Officer
Fred Schwartz stated is responsible for 80% of the mosquito population.
Stinson Beach resident Scott Tye suggested BCPUD urge County of Marin to
amend the Septic ordinance to require vent pipe screens and sealing of septic
tanks.
-- Resource Recovery:
The Board received the March financial report without comment.
-- West Nile Virus Task Force: consideration of BCPUD taking further
preventive action
Stacey Henderson reported that West Nile Virus Awareness Week is scheduled
for April 25 through May 1.
Director Kimball will convey Director Amoroso’s suggestion to M&VCD that
they inspect septic systems for proper sealing and screening, but she observed
that M&VCD will not go on the roof of houses to check for vent screens.
Amoroso stated that he did not want Marin County personnel doing the inspections
because he does not want to see an effort to control mosquitoes turn into
a Septic Pogrom. Director Smith expressed a desire to get someone to
do this work. Scott Tye suggested compiling a list of willing
trades people who are licensed and experienced working at heights, such as
arborists, chimney sweeps and roofing contractors. Tye noted that most
homeowners insurance policies will not cover claims stemming from work by
unlicensed individuals.
Lewis said people need to be urged to maintain and pump their septic systems.
Director McClellan commented that County of Marin is amenable to local entities
taking over septic monitoring functions and that now is a perfect time to
launch a local initiative.
6. Resolution 516, Proposing An Election Be Held November 8, 2005;
Requesting The Board Of Supervisors To Consolidate With Any Other Election
Conducted On Said Date; And Requesting Election Services By The County Registrar
of Voters
McClellan/Kimball
all in favor to approve Resolution 516.
7. Resolution 517, Conditionally Appointing Jennifer Blackman To Position
Of General Manager, Effective August 1, 2005
McClellan/Kimball
all in favor to approve Resolution 517.
8. Local Coastal Program Update Report
David Kimball reported the draft LCP update has been sitting on a Marin County
shelf for several months. Directors reviewed a draft letter addressed
to Marin County Community Development Agency Director Alex Hinds, with copies
to Supervisors Kinsey and McGlashan, and the Planning Commissioners,
expressing concern about the lack of progress in updating the LCP, offering
assistance to County of Marin and urging action. The letter will be
signed by numerous individuals and entities, including Bolinas Community
Public Utility District. In addition, BCPUD will send a separate letter,
also urging Marin County to make completion of the update a higher priority.
9. Should BCPUD Contribute Money Toward The Purchase Of A Water Meter
For Mesa Park From The Bolinas Community Land Trust – (BCLT is contemplating
a quick sale)
Director McClellan recommended BCPUD support purchase of the BCLT meter for
Mesa Park, and he urged the Board to contribute $10,000 towards the difference
between the asking price and what Mesa Park can afford to pay.
Director Amoroso pointed out that Mesa Park now has the authority to levy
taxes and he suggested the possibility of seeking community support through
a ballot measure for a bond or loan to cover the difference. Amoroso
observed that there is still time to get such a measure on the November 8
ballot.
Land Trust Board member Richard Pfeffer stated that BCLT has made no decision
about the sale of the meter and no date has been set by which such a decision
must be made. Pfeffer said there is no fixed asking price for the meter
at this time.
BCLT Board Member Jennifer Pfeiffer commented that the issue of selling the
meter is a divisive one on the BCLT board.
Directors Kimball and Siedman indicated that BCLT needs to decide the asking
price and timeline for sale of the rights to the meter, and Siedman said
it would be good for Mesa Park and the Land Trust to work together on the
proposal.
10. Mobile/Base Radio Upgrade Proposal
Continue to May 18 meeting.
11. Resolution 518, Eliminating PERS Employer Paid Member Contributions
Effective October 29, 2005
McClellan/Amoroso all in favor
to approve Resolution 518.
12. Other Business
a. Board Committee Reports
-- Finance: report on 4/12 meeting; authorization to mail draft budget
and Proposition 218 rate increase notices to customers; bookkeeping
Director Amoroso reported on the April 12 meeting. The Finance
Committee’s position regarding the current gap between proposed expenditures
and revenue is that the District should only dip into its reserves for non-recurring,
capital and management transitions costs. Any remaining shortfall
should be covered through reductions in spending or increases in revenue.
The draft budget, which will be subject to revision through July 20, will
draw approximately $46,000 from reserves, and will call for rate increases
of 6.31%, 14.08% and 1.47% for the Water, Sewer and Septic enterprises, respectively.
The notice required by Proposition 218 will state the proposed increases
in dollar amounts; it will also emphasize that the increases would be even
greater were it not for the draw from reserves.
Smith/McClellan all in favor
to mail the draft budget and proposition 218 notice to all owners of developed
property within the District.
BCPUD’s bookkeeper for the past 4 years has given notice that she will discontinue
her work for the District effective with completion of the 3rd quarter financial
report. Staff will consult with BCPUD’s financial auditor regarding
impacts on the year-end closing and 2004-05 audit, and will seek proposals
from bookkeepers to present to the Board at the May meeting..
-- Legal:
There was a brief discussion regarding the need for new counsel. Director
Siedman recommended waiting until the need arises, then tendering the claim
to a new attorney of the Board’s choosing.
-- Mesa Septic, Flood Control and Roads:
Director Smith reported on a meeting he and Jack McClellan attended with
Becky Tuden and Phil Smith of Marin County Environmental Health Services
to see what can be done to effectuate some regulations that people can live
with. A discussion ensued about various approaches to sizing systems,
with Director Smith noting that one big problem in sizing systems based on
the numberof bedrooms, as is currently the practice, is that it binds building
and septic inspections together, a primary cause of local anxiety regarding
enforcement.
Director Smith explained that if BCPUD gets into the business of permitting
and monitoring systems, it will need to develop restrictions on water
use. In response to Director Siedman’s question about uses
that don’t impact the disposal system such as gardening, Smith suggested
there could be dual metering systems. Such a scheme could result
in more economical upgrades. The Marin County officials
were amenable to this approach. The committee will consult with
Stinson Beach County Water District regarding its successful onsite program.
Director Smith reported that the committee and County officials also discussed
a new method of determining the source for pollution. The septic
tank can be dosed with a virus that attaches itself to coliform bacteria.
If the coliform with the virus marker shows in downstream testing, the source
of the pollution is clear.
Director Smith said there were no decisions made at the meeting but BCPUD
increased its credibility with County officials Smith and Tuden.
Director Kimball suggested the committee use SBCWD’s operation for developing
estimates of costs related to establishment of a local program.
-- Personnel:
The committee has received the employees proposal for the 2005-06 Memorandum
of Understanding. The committee will meet to formulate a counter proposal.
A closed session may be necessary if the committee and employee representatives
can not reach agreement.
Administrative Assistant Julie Beach has consulted a doctor regarding a medical
condition and the physician has recommended she be on disability leave until
at least May 15. Staff will consult with the committee regarding management
of the workload and handling of any issues related to the work absence.
-- Sewer:
Don Guravich has begun work on the next phase of the eucalyptus containment
project. Prior to the meeting, Director Amoroso told Guravich
to keep Treatment Plan Operator Kate Currey informed about the work.
Amoroso also requested more information from the Marin Sonoma Mosquito and
Vector Control District about its recent monitoring of the sewer property.
Staff will contact Manager Jim Wanderscheid for a report.
b. Minutes of March 23, 2005 Meeting
Smith/Kimball 4 ayes, 1 abstention (Amoroso)
to approve the minutes as amended.
c. Warrants
McClellan/Smith all in favor
to approve the warrants.
d. Scheduling of Next Meeting(s)
May 18, 2005 at 8 p.m.
13. Adjournment
11:59 p.m.