Bolinas Community Public Utility District                           
A Regular  Meeting  Of  The Board  Of  Directors

May 18, 2005       270 Elm Road, Bolinas

1.  Call to Order:  8:00 p.m.

2.  Roll  /  Announcement Re Closed Session

Directors  Amoroso, Kimball, McClellan, Siedman, Smith present.
Director Siedman presiding.

Director Siedman announced that the public meeting was preceded by a closed session to discuss personnel matters and that no action was taken.

3.  Manager’s Report

The water distribution system underground vault at the corner of Mesa and Olema-Bolinas Roads needs immediate attention.  Badly deteriorated piping must be replaced where it passes through the vault; a key pressure regulator should be overhauled or replaced, and a gate valve needs to be installed for the fire hydrant on the corner.  In addition, obsolete equipment must be removed and the vault filled with gravel to permit safe maintenance access.  Wildcat Construction has submitted an estimate for the work, and two additional bids are being sought.  This Item will be continued until the June meeting, when staff will seek authorization to proceed with the work on an emergency basis.

A report prepared by Noble Consultants, Inc. regarding recent work on the Seadrift revetment is available through the Coastal Commission.  Accompanying photographs are not available, but may be obtained through Seadrift Association or Noble.   There were no objections to staff requesting a copy of the report and paying the $2.43 required by the Commission for copying charges.

BCPUD received Coastal Permit and Use Permit applications, too late for inclusion on the agenda, with a comment deadline of May 26.   The project involves legalizing an existing detached garage on the Little Mesa.   Staff has written Marin County Community Development Agency that the project will require application for an Expanded Water Use Permit.   After reviewing the project plans, the Board had no further comment.
A fire last weekend in the pampas grass at the end of Brighton, on property owned by BCPUD, was contained by Bolinas Fire Protection District personnel without damage to the adjacent property.  Under different wind and moisture conditions, it could have been a very serious incident.    Staff recommended removal of the vegetation.  There were no objections.

Chief Operator Bill Pierce will attend an American Water Works Association demonstration in June of new technology available for the Woodrat Water Treatment Plant.  A retrofit of the backwash systems, designed to run at much lower pressure, thereby lengthening the maintenance cycle, will be demonstrated, as well as the latest control panels and filter units.

Director Amoroso requested that the Sewage Treatment Facility’s Eucalyptus Containment Project be placed on the agenda of the June 15 meeting

4.  Community Expression

David Kimball and Bob Hunter apprised the Board of a concern regarding the Kidson property.  David and Bob reported that Mr. Kidson evidently was issued a permit by the County to conduct a perc test on the property and that the test may occur as early as this weekend.   David suggested that the Board may want to write a letter to Brian Crawford at the Planning Department to inquire why the County would issue a perc testing permit for a property that cannot legally be developed.  Bob Hunter pointed out that the recent decision by County with regard to the Salwen property (e.g., rejecting the application to rebuild a destroyed structure in the bluff erosion zone because the proposed plans were inconsistent with the Bolinas Community Plan) could be cited in the letter.  The Board directed staff to draft a letter to Mr. Crawford with a cc to Phil Smith in the County’s Environmental Health Service.  David Kimball agreed to provide the Board with supporting documentation as to the applicable legal prohibitions on building on the Kidson property.

Cela O’Connor expressed a concern that an agreement regarding the Moritz easement seems to prohibit grazing within only 30 feet of the Pine Gulch Creek bank.   Cela urged the Board to support a 100 foot grazing setback from the creek bank..

5.  Volunteer Committee Reports

-- Alternative Energy:  Nothing to report.

-- Beach:  status report; recommendation re OTD acceptance

Magi apprised the Board that David Kimball has joined the Beach Committee; David has been diligently attending the committee meetings and has made many valuable contributions.  Magi presented the Board with an informational report prepared by the Beach Committee and recommended that it be widely distributed within the community—the report will be formally released next Thursday and the Beach Committee would like to schedule a town meeting to discuss the report.  Director Amoroso expressed concerns regarding certain of the recommendations set forth in the Committee report—particularly the recommendation to seek regular sheriff patrols on the beach.  Director Amoroso stated that the sheriff should respond to specific complaints, not conduct regular beach patrols.  Magi emphasized that the report was intended to be informational only; the issues identified are not recommendations per se, but rather concerns or ideas raised by the Committee members.  Magi stated that the Committee members did not agree on all issues and that the report seeks to reflect all points of view.  As such, Magi said that with regard to sheriff patrols, the report merely indicates that some of the Committee members would like to see regular sheriff patrols of the beach.

Director Smith suggested that a notice be placed in the Hearsay informing the community that the Beach Committee report is available at the BCPUD office.   Director Smith also suggested that the Committee publicize a meeting to be scheduled in approximately one month.
Director Amoroso stated that the report should state that the Board of Supervisors has already approved a year-round ban on weekend camping so that the community is aware of this action.  Magi agreed to include this in the report.  Director McClellan offered the view that a regular police presence might have a beneficial effect on the beach situation and, in fact, may be the single most effective thing the community could do to deter undesirable activity at the beach.

Magi told the Board that the Committee has developed 16 legal questions that it feels should be addressed by County counsel or other appropriate attorney.  Director Kimball suggested that Directors Siedman and McClellan, as the Board’s Legal Committee, review the questions before they are forwarded to legal counsel.  Cela O’Connor stated that the questions should be forwarded to the Coastal Commission, as well.

Director Kimball also suggested that invitations to the town meeting (along with copies of the Committee report) be extended to the Fire Board, the Community Center board and the Rod and Boat Club.  She further suggested that the Hearsay and the Point Reyes Light be provided with copies of the report and encouraged to publish it—perhaps in sections.

Director Amoroso noted that the Committee report states that the camping ban extends 1200’ westerly of Brighton Ave, but he believes that the ban approved in the original coastal permit extends only 500’ westerly.  He indicated that he would look into this.

Magi stated that he would provide an updated version of the report to the General Manager and that he would provide it to the Hearsay for publication.

-- Community Paths Group:  Director Smith reported that the Committee will know the response to its $40,000 grant application to the Transportation Authority of Marin in July, which is in time to submit a potential ballot measure before the August deadline for the November election.

-- Downtown Parking and Traffic:  Nothing to report.

-- Mesa Drainage:  This report was moved to Item 6 on the agenda.

-- Mosquito and Vector Control Committee:

Liza Goldblatt presented the Board with the Committee’s final draft recommendations; she also thanked the Board for its support and for appointing the Committee in January to work with Marin Sonoma Mosquito & Vector Control District (M&VCD) to establish protocols appropriate to West Marin.   Liza reported that the Committee had held three meetings since its appointment, including one with Jim Wanderscheid, to draft the proposed protocols.   In summary, the Committee recommends emphasizing education (e.g., informing the community about the mosquito and its disease-carrying potential), prevention (e.g., physical source reduction steps such as eliminating standing water, sealing septic tanks, improving drainage), with the use of biological treatments (BT’s) as a last resort.  The Committee further recommends that the use of any chemical pesticides be eliminated in the District. 

Director Kimball noted that the Committee further recommends sharing its protocols, if and when approved by the Board, with other jurisdictions in West Marin.

Liza Goldblatt requested that the Board write a letter to the M&VCD strongly urging it to mail out flyers about mosquito prevention as part of its ongoing public education campaign.

Amoroso/Kimball     all in favor    to accept the Committee’s draft recommendations, to support the formation of a West Main Advisory Committee to advise and work with the M&VCD in an ongoing relationship, and to write letter to the M&VCD encouraging it to send  out the mosquito prevention flyers as soon as possible.

The Directors further agreed to make the Committee’s draft final recommendations available for public comment and to place the recommendations on the June 15th BCPUD meeting agenda for approval.    The Board directed staff to put a notice in the Hearsay to publicize the availability of the draft recommendations and solicit public comment;  any public comment should be directed to Liza Goldblatt with a deadline of June 3rd.   Once the recommendations have been finalized and approved by the Board, the Committee will outreach to other jurisdictions in West Marin to present the report and explore interest in the formation of a West Marin Advisory Committee.

Matt Lewis stated that the Committee report did not appear to say anything new and noted that the West Nile Task Force already had made many of the same recommendations.  He suggested that a lot of time had been wasted in meetings since January which may have been better spent on public outreach and education.

Howard Dillon inquired as to who the ultimate authority is with regard to mosquito control; he noted that the M&VCD, the County and the state each seem to believe that it is the ultimate authority.   He asked if it is possible to definitively ban the use of all pesticides in West Marin and was told that it is not as such use may some day be necessary to abate a public health emergency. 

Director Smith commented that the Committee’s ability to persuade the M&VCD to agree not to use metheprene in West Marin is a huge accomplishment.   He further commented that the community seems to have achieved the majority of its goals:  local control over the M&VCD activities in West Marin and a cleaner environment.  Director Smith congratulated the Committee on its efforts.

Liza Goldblatt recommended that the BCPUD send a letter of appreciation to Jim Wanderscheid, once the Committee recommendations have been approved and finalized. 

-- Resource Recovery:

The Board received the April financial report.

-- West Nile Virus Task Force:

Stacey Henderson updated the Board on the status of West Nile Virus, noting that California is the center of virus activity.  Stacey observed that, fortunately, no dead birds have been reported in Marin County yet this year.   Stacey attended a meeting in Point Reyes Station last week with various virus experts and authorities, including Marin County Public Health Officer Fred Schwartz, to discuss implementation of an effective virus prevention program.

Director Smith said that he thinks it is very important to get the word out to the community that vent screens should be installed and maintained.  He said that the only reliable screening method is a bronze screen folded into a cone.

Matt Lewis commented that there should be more emphasis and awareness of the potential impact of WNV on wildlife in West Marin, including but not limited to bird life.

6.  Mesa Drainage:  staffing; budget; timeline; indemnification request: Hettich

Matt Lewis reported on the Drainage Committee’s progress (deferred from Item 5).  There is a possibility of funding from County of Marin, and technical assistance from the Mosquito and Vector Control District.  Matt is in the process of designing the bridges the Committee is proposing for certain sections of road in the Pilot Project (in lieu of lowering existing culverts).  Matt spoke with Bob Beaumont, Chief Assistant Director of the Marin County Public Works Department, about the County’s drainage improvement work on Overlook and the need to coordinate these efforts with those of the Drainage Committee.   Matt noted that DPW currently is understaffed and its resources are stretched quite thin. 

Matt reported on the drainage work that has been done by the Committee on the Larch easement from Overlook to Aspen, from Aspen to Evergreen, and from Evergreen to Hawthorne, which are three separate but interrelated parts of the Pilot Project.  Matt said that the Committee is somewhat limited in what they can do for now, as far as ditching goes, but that certain sections can be mowed; he noted that the Committee cannot excavate without a permit.   The Committee most recently cleared 100’ of Alder Creek upstream from Kale Road.  Another work day was scheduled for May 28th at 10:00 a.m.

McClellan/Smith to approve the draft indemnification agreement requested by Al Hettich.    Motion withdrawn.    Director Kimball recommended that the Legal Committee review the draft indemnification agreement.  Director Amoroso said he wanted to be sure that the agreement does not expose the BCPUD to any liability to which it otherwise would not be exposed.  The Board directed the General Manager to forward the draft agreement to the ACWA JPIA for its review and comment and to place this item on the agenda for the June meeting.

Matt Lewis agreed to provide a “punch list”, including a timeline and budget, for the tasks outstanding on the Pilot Project for the BCPUD’s June meeting.  

Director Kimball observed that drainage work necessary on the Mesa is beyond what can reasonably be expected of a volunteer community committee and that a master plan, project management and oversight is required.  She suggested that a dedicated staff member is necessary to work with the Committee, contractors and others to get the drainage work done.  This likely would require the approval of the community and therefore may need to be the subject of a ballot measure.

Director Siedman noted that Kent Khtikian was present and wanted to raise an issue that he otherwise would have raised during Item 4, but he was unable to attend the meeting at that time.  Kent asked the Board to lobby the local congressional representatives to appropriate the funds necessary to clean up the boat wreck that occurred on Duxbury Reef the prior weekend. He asked the Board to write a letter to Representative Woolsey, with courtesy copies to Senators Boxer and Feinstein, requesting sufficient funds to have the boat air-lifted off the reef and for debris boxes to be placed on the beach for disposal of the boat’s garbage and debris.   The Board agreed to send a letter;  Kent said that he would e-mail a draft letter to staff so that it could be issued the next day.
7.  Firehouse / Medical Clinic Project:  approval of sewer lift station plans and specifications; solar electric utility financing

 Smith/Kimball   all in favor   to authorize the General Manager to sign off on the sewer lift station plans and specifications.

Director Smith argued that the BCPUD should loan money from the District’s reserves at a reasonable interest rate to the Firehouse/Medical Clinic Project to help finance a solar panel array on new firehouse.  He proposed a ten-year loan of $56,000 and suggested that the Board consider a similar loan for the downtown garage project.  Director Siedman suggested that the Firehouse/Medical Clinic Project come to the BCPUD with a proposal.  

8.  Policy Re Publication of Board of Directors Meeting Minutes

Matt Lewis acknowledged that he has been advised that the BCPUD operates under different guidelines with respect to the conduct of its meetings that the Bolinas Stinson Unified School District and he apologized for previously asserting otherwise.  Director Amoroso stated that he favors making draft Board minutes available to the public at the beginning of the next regularly scheduled Board meeting.

9.  BCPUD’s Pine Gulch Creek Property:  access easement – DPW letter

After some discussion, the Board directed the Legal Committee to call Michael Moritz about the BCPUD’s intention to seek a reformation of the access easement on the Pine Gulch Creek property.  The Committee was further directed to explore with Mr. Moritz whether he would be interested in purchasing only the eastern portion of the property, with the western portion to be sold to the NPS.   This Item was continued to the June 15th agenda.

10.  Solid Waste:  Waste Management / Operating Engineers Union labor issues

Union representative Ken Oku was present at Director Smith’s invitation to apprise the Board of the status of contract negotiations with Waste Management.  He stated that Waste Management was using classic union-busting tactics  despite the fact that a majority of the workers support the union;  the workers have been trying to get a contract in place for the past year and half.  After some discussion, the Board agreed to send a letter to  both the union and Waste Management urging them to reach an agreement over the contract terms; the letter will note that the Bolinas community has a favorable opinion of Waste Management because of the employees that work here and  both sides should resolve this distracting dispute.  Director Smith offered to draft a letter and circulate it to the other Board members for review and comment.

11.  Emergency Tree Work:  Poplar/Cedar; Alder/Ocean Parkway; Fern and Evergreen near Larch

McClellan/Kimball    all in favor     to contribute $12,320 to the Cedar/Poplar tree removal project, subject to the condition that the affected property owner’s tenant, Scott Dunn, contracts directly for the work;  the BCPUD will simply make the financial contribution.

Staff will seek a qualified forester to prioritize the existing tree removal requests in the unpaved road rights-of-way on the basis of the hazards posed by each situation..

12.  Mobile Radio Upgrade Proposal

 Smith/Kimball   4 ayes 1 abstention (Amoroso) to approve the mobile radio upgrade proposal.

13.  Other Business

a.  Board Committee Reports

-- Finance:  3rd Quarter Financial Report; bookkeeping

 Staff will confer with Director Amoroso on revisions to the draft budget to reflect the unanticipated revenue from reimbursement of excess payments to the Educational Revenue Augmentation Fund.  The revised draft will also show a carryover of  the 49 Terrace sewer connection fee paid during the current fiscal year.  On the expenditure side, figures will be revised to reflect potential increases in the cost of employee services consistent with the Board’s MOU counterproposal, and additional funding for hazardous tree removal.

The District’s bookkeeper has given notice, effective with the conclusion of 3rd quarter work, that she is terminating her services to BCPUD, n order to accept a full-time position with another client.   Fourth quarter bookkeeping, and preparation for the 2004-05 audit will be handled by staff in consultation with Bunker and Company, CPAs.  

-- Legal:   Nothing to report.

-- Mesa Septic, Flood Control and Roads:  

Staff will check a reported pothole on Hawthorne Avenue.

-- Operations:  Nothing to report.

-- Park and Recreation:    

    The firehouse/medical clinic project needs an easement across Mesa Park property adjacent to the soccer field to provide the County-required setback for the sewage lift station and force main.   The easement would remain open space and there would no underground utilities within the easement.  Director Amoroso stated that he would want BCPUD to receive payment for the easement, based on fair market value.   Director Siedman will relay this information to the project manager
-- Personnel:  management transition update; interim staffing

    The Board approved a staff proposal for extra pay in compensation for the additional hours being worked on administrative matters during the Administrative Assistant’s leave of absence. 

-- Sewer:    Nothing to report.

b.  Minutes of April 20, 2005 Meeting

    Smith/Kimball    all in favor    to approve the minutes as amended.

c.  Warrants

    Amoroso/Smith      all in favor         to approve the warrants.

d.  Scheduling of Next Meeting(s)

June 15, 2005 at 8:00 p.m.  Director Siedman will be absent. 

14.  Adjournment

12:06 a.m.