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.