Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
June 21, 2006     270 Elm Road, Bolinas

1.    Call to Order

    8:01 p.m.

2.    Roll

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

3.    Manager’s Report

Staff updated the Board on developments on the water side of operations.  Specifically, a notice regarding the total trihalomethane (TTHMs) and haloacetic acid (HAA5s) levels in BCPUD water was mailed to customers the prior month.  The BCPUD currently is in negotiations with a potential outside contractor to assist the district with its efforts to comply with the new federal rule regarding acceptable levels of chlorine disinfection byproducts.  With regard to water distribution infrastructure, staff has planned a pipeline replacement project for the block of Fern Road between Ocean Parkway and Elm;  notices will be sent to all affected homeowners in advance of commencement of the project.  Staff continues to await a definitive response from FEMA with regard to the district’s disaster assistance application before starting the clean-up of the Arroyo Honda access road and upper reservoir.  The application is under environmental review and a response is expected within the next two weeks; staff therefore has commenced interviewing possible contractors to undertake the work..  The 2005 Consumer Confidence Report is almost complete and will be mailed to all district customers no later than June 30, 2006.

On the wastewater side of operations, staff has devoted considerable time in recent weeks to sprayfield maintenance an improvement projects.  The results of the recent ditch restoration work around the perimeter of the sprayfield are quite significant;  the fields and surrounding ditch are completely dry and formerly abundant mosquito habitat has been eliminated.  Indeed, a recent visit by the Marin/Sonoma Mosquito & Vector Control District staff confirmed that they were unable to locate any mosquito pools on BCPUD property.  Staff also managed to locate a long-lost valve between two of the spray fields and has put it back in operation in order to better drain between the sprayfields and outer ponds.   Staff also contracted with an outside vendor to mow the sprayfields;  this will optimize operations in several respects by improving trans-evaporation, enabling staff to locate leaks in the field, facilitate the identification of sprayheads in need of replacement or repair, etc.  For example, due to the removal of the high weeds, staff easily was able to locate a significant leak in the sprayfields that had created a sinkhole the size of a VW bug;  a repair on the affected pipe is underway.  Staff has also developed a plan to rotate spraying between fields and instituted a daily log procedure to monitor repair efforts.  Finally, staff plans to install valves in order to be able to isolate lines of sprinklers (rather than an entire field, as is currently required) when repair work is necessary. 

The Board reviewed correspondence sent and received by the district since the last regular meeting.  In particular, the BCPUD received a proposal from Bunker & Company to perform the district’s 2005-06 fiscal year audit and a Certificate of Acceptance from the Coastal Commission (regarding the Offers to Dedicate above Brighton Beach) ;  staff requested authority to accept the proposal and execute the Certificate, which the Board granted.  A separate letter from the Coastal Commission also was received wherein the Coastal Commission staff opined that the work planned to re-armor the Seadrift revetment is “ordinary maintenance” within the meaning of the Settlement Agreement and does not require a coastal permit.  Staff also directed the Board’s attention to a letter from Jim Wanderscheid in response to the BCPUD’s Public Records Act request;  a possible date for inspection of the records is under negotiation. 

      -- Drainage Project Manager’s Report

    Drainage Project Manager Lewie Likover updated the Board on his recent meetings with various road groups regarding planned drainage improvement projects on the Big Mesa.  Based on some of those meetings, Lewie is hopeful that an integrated drainage plan will be in place for the entirety of Alder Road between Overlook and Grove.  BCPUD will contribute numerous culverts to the projects currently being scheduled.  Lewie also plans to speak with the County Department of Public Works crew regarding complaints he has received about the conditions of culverts in the County rights-of-way.  Lewie intends to use the district’s Hydro-jet to clear out blocked culverts and he has been using the district’s recently purchased laser level to mark rights-of-way and shoot elevations for certain projects.  Andy Blake cautioned against developing data on rights-of-way locations and elevations without the use of a licensed surveyor;  Lewie suggested a meeting to discuss Andy’s concerns. 

4.    Community Expression

    Cela O’Connor commented that she has been advised to take her concerns about the fact that the re-armoring of the Seadrift Revetment wall is proceeding without further permits required by the Coastal Commission to the Gulf of the Farallones, which she intends to do.  She also intends to notify and seek the assistance of Fish & Wildlife, the Attorney General and the BALTAC.   Cela also noted that she attended the recent County hearing on proposed amendments to Title 22 of the Marin County Code and she is very concerned about a proposal to remove agricultural activities within Stream Conservation Areas and wetlands from any permit requirements.  Cela reported that the Marin Conservation League has written a letter of comment arguing that it is illegal to remove such activities from the permit process and she has spoken with Anne Sands about forming a committee of agriculturalists and environmentalists to deal with the issue.

    Andy Blake noted that an update on Terrace Road is scheduled for later in the agenda and he suggested that the Board consider appointing an emergency access committee to develop a plan of action for next steps in the event Terrace fails at Overlook and/or at Surfer’s Overlook.  Director Smith noted that the BCPUD is in regular communication with the Bolinas Fire Protection District to coordinate on emergency road access;  he commented that the initiative is properly with the Fire District to take the lead on safety and emergency access.  Jack Siedman said that a committee likely should be established to plan specifically how to preserve access to homes off of Terrace that would be tremendously impacted if Terrace were to fail at one or both locations;  he stated that the discussion would resume under item 11 on the agenda.

    Staff presented a request from Mary Beth Brangan for the BCPUD to write a letter of opposition to SB 1627, a bill which she believes will strip local governments of their ability to regulate the location and permissible number of antennas on cell phone towers;  the Board directed staff to do so.  Eleanor Lyman commented that a similarly dreadful bill pertaining to citizen initiatives regarding genetically modified organisms and suggested that the Board may also want to write a letter opposing that bill.  After some discussion, the Board suggested Eleanor provide more information to staff about the bill and agreed there was consensus for such a letter to be sent.

5.    Volunteer Committee Reports

-- Alternative Energy:  Nothing to report.

-- Beach:  Nothing to report.  Director Kimball noted that the most recently scheduled meeting of the committee was cancelled because the committee chairperson’s mother passed away

-- Bolinas Community Plan Review Committee:  Cela O’Connor reported that the committee has met to get acquainted and agreed to individually review the Bolinas Community Plan prior to its next scheduled meeting on June 28, 2006.

-- Community Paths Group:  Director Smith reported that he is working with staff to secure the necessary permits for the bike path project and put the project out to bid as soon as possible.  Jennie Pfeiffer commented that the path to downtown from Mesa and Olema-Bolinas Road is overgrown with poison oak and virtually impassable;  she inquired whether the district could have it cleared prior to the July 4th holiday.  Staff reported that there is no staff time currently available for such work, but would investigate whether outside labor could be hired. 

-- Downtown Parking and Traffic:  Director Siedman observed that Jody Angel has written a letter to the Hearsay and sent an e-mail to the BCPUD requesting certain information relating to the ballot measure on the Downtown Parking & Traffic plan.  The Board directed staff to draft a response. 

-- West Marin Mosquito Control Committee:  Director Kimball noted that the last remaining piece of business for the committee it to follow through on the Public Records Act request to the Marin/Sonoma Mosquito & Vector Control District;  the committee otherwise is in the process of transitioning to a West Marin council.  Director Kimball informed the Board that the previous Friday evening, the committee was honored by the Environmental Action Council for its work on the Working Agreement between the BCPUD and the M&VCD and she presented the plaque given to the committee received in recognition of its hard work.

-- West Nile Virus Task Force:  Director Kimball reported that there is very little West Nilie Virus activity in the state to date despite the lengthy spring rains. 

-- Resource Recovery:  The Board received the May financial report.  Staff presented a request from the Resource Recovery Project that the BCPUD appoint a director to attend the monthly meetings.  After some discussion, the Board directed staff to advise the Project that either Director Amoroso or Director Kimball, both members of the Board’s Finance Committee, would attend such meetings on an as-needed basis.

6.    Request that BCPUD Adopt a Resolution Banning the Use of Pesticides on Public Property.

Eleanor Lyman told the Board she was very concerned about a recent spraying of trees with “dragnet” by a private property owner and she requested that the BCPUD adopt a resolution banning the use of such products in the district.  After some discussion of other potentially similarly resolutions in Marin, Eleanor agreed to put together a draft resolution for the Board to consider at a future meeting.

7.    Bolinas Community Land Trust Request for Waiver of Fees for Sewer Discharge Permit.

Staff reported that the Regional Water Quality Control Board has approved the BCLT’s potential discharge into the BCPUD sewer system, per the proposal submitted by Ben Wells on behalf of the BCLT. 

Gail Reitano, Executive Director of the BCLT, explained that she is requesting a waiver of the fees BCPUD imposed on the potential discharge in order to save the affordable housing project perhaps thousands of dollars.  She noted that the County has waiver certain permit fees otherwise applicable to the project, consistent with its mandate to increase the availability of affordable housing in the County.  Director Smith said he favored waiving BCPUD fees;  staff reported that Director Amoroso (absent from the meeting) had asked staff to convey his position in opposition to a fee waiver unless BCLT can show a “community-wide benefit”, such as a commitment to keep the gas station open for the next three years.  Director Kimball said she feels the BCPUD should wait to make a decision until it is known exactly the amount of fees that will be applicable to the project (which will depend upon the amount of water actually discharged);  Director McClellan agreed.    President Siedman told Gail that the BCLT did not appear to have the votes needed to approve its fee waiver request.

8.    Approve Memorandum of Understanding between the Firehouse & Clinic Project and the BCPUD regarding Project Connection to BCPUD Sewer System; Expanded Water Use Permit – Firehouse & Clinic Project

The Board received a draft Memorandum of Understanding for consideration;  President Siedman said the approval would be deferred until the next meeting, so that the directors would have time to evaluate the document and the Legal Committee could review it.

With regard to the Firehouse & Clinic Project’s Expanded Water Use Permit Application, staff reported that the Project is more than happy to accept the Board’s previous decision (in October 2003) to grant the project an expanded water use permit with a maximum quarterly allotment equal to the system average, plus 50 percent.

J. MeClellan/D. Smith    all in favor    to approve the Firehouse & Clinic Project’s application for an expanded water use permit, with a maximum quarterly allotment equal to the system average, plus 50 percent

9.      Update:  Moritz Proposed Ranch Management Plan; Clarification of BCPUD Board Process for Approving Fence Placement.

Staff reported that a site visit to the Moritz property has been scheduled for June 29th at 10:00 a.m. to discuss the location of the fence on the BCPUD property and bordering Pine Gulch Creek.  After some discussion, the Board confirmed that directors Kimball and Smith will attend the site visit, with staff, and report back to the Board at the July meeting.  Cela O’Connor requested to meet with directors Kimball and Smith prior to the site visit, which they agreed to do.

10.    Update:  Bolinas Lagoon Technical Advisory Committee Activities; Appoint BALTAC representative.

The item was continued until the July meeting.

11.    Update:  Terrace Road at Overlook.

Staff reported that the County’s Department of Public Work senior staff has advised the BCPUD that the County has applied for FEMA disaster assistance fund to repair Terrace Road at Overlook.  The County is in the process of preparing an engineered plan for the repair;  however, if the FEMA funds are not forthcoming, the County does not have the money to pay for the anticipated cost of the repair (likely in the hundreds of thousands of dollars).  DPW senior staff strongly recommends that the community plan for an alternate route in the event that Terrace is not repaired or, even if it is repaired this year, in the event that Terrace eventually fails beyond the County’s ability to repair it. 

Director Siedman stated that he and staff met recently with attorneys to consider the district’s legal options with respect to a repair or rerouting of Terrace Avenue.  He noted that at best, the County seems to be planning a repair that will hold the road for perhaps 5-10 years;  as such, it is imperative for the community to make a long-range plan in light of the receding bluff.  Bob Stone, who lives at the corner of Terrace and Overlook, told the Board that there is an unusual amount of heavy equipment traffic in the area due to the construction on the Schmidt property and he is concerned about the impact on the road.   Director Smith suggested the County may be willing to erect signs limiting the tonnage that can be on the road.  Director Kimball said that she is in the process of researching Bolinas museum records regarding alleged former plans of the community to develop an alternate route between the Mesa and downtown using Spring Road. 

After further discussion, the Board agreed to consider the appointment of a committee to plan for an eventual alternative to Terrace Avenue;  it was agreed that it will be very important for the Fire Department to participate on the committee.

12.  Osterweis Coastal Permit (CP 05-29 and CP 05-30) and Design Review (DR 05-57 and 05-58) A.P. Nos. 188-120-31 and 199-140-11, Pine Gulch Road, Bolinas.

There were no comments on this item.

13.    Simac Ag Structure Coastal Permit and Design Review (CP 06-32 and DC 06-143), AP No. 192-111-15,  Fern Road, Bolinas (no assigned address)

Staff reported that the applicant is proposing to build two structures and install a water tank on his property, which is 40 foot wide lot off of Fern Road, between Alder and Larch,;  there is no water meter on the property.  One person commented that the proposal seems to be a vacation house with no water meter or septic system and a second person concurred; concerns also were expressed about the implications for drainage in the area.  Staff was directed to write a letter to the County reflecting these comments and requesting that all neighbors in the area receive notice of the permit application and an opportunity to comment.

14.  Approve Memorandum of Understanding between the Tomales Bay Watershed Council and the BCPUD for Special Membership in the Council; Update on Marin County Proposal to Address Discharges into ASBS – Duxbury Reef, Bolinas

J. McClellan/D. Smith    all in favor    to approve the Memorandum of Understanding. with the Tomales Bay Watershed Council and the BCPUD for Special Membership in the Council.

Staff reported on recent monitoring conducted by the County of the storm water drains that daylight above Duxbury Reef.  The County currently is under a mandate from the State Water Resources Control Board to conduct monitoring of these outflows because they drain onto Duxbury Reef, which is an Area of Special Biological Significance under the State’s Ocean Plan.  County staff have agreed to keep the district updating on its monitoring efforts.

15.  Public Hearing:  2006-07 BCPUD Budget

There was no public comment on the budget.  Staff was directed to place the budget on the agenda for approval at the July meeting. 

16.  2006-07 District/Employees Memorandum of Understanding

This item was continued to the July meeting.

17.    Marin County Grand Jury Report:  Agendizing Responses to Grand Jury Reports

The Board received a report from the Marin County Grand Jury regarding the legal requirements applicable when governing boards, including special districts, respond to Grand Jury Reports.  Staff was directed to include an appropriate agenda item on the July agenda for the Board’s official response.

18.    Resolution 532:  Declares that an Emergency Exists and Authorizes Repairs to Stairs on BCPUD Easement between Terrace to Brighton Avenues.

J. McClellan/B. Kimball    all in favor    to approve Resolution 532.

19.    Other Business

a.  Board Committee Reports

-- Finance:  Nothing to report.

-- Legal:  Director Siedman reported that the district has retained a law firm to advice the district on its legal options with regard to Terrace Avenue.

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

-- Operations:  Nothing to report.

-- Park and Recreation:  The Board received the minutes of the committee’s most recent meeting.  Director Siedman announced that the San Francisco Mime Troupe will perform this year at the Mesa Park fields, rather than it usual venue at the Community Center, due to the high level of public interest in the event. 

-- Personnel:  Director Siedman noted that the committee was in negotiations with staff regarding the MOU.

-- Sewer:    Nothing to report.

b.    Minutes of May 17, 2006 Regular Meeting.  

Director Kimball offered one clarification on page three.

D. Smith/B. Kimball    all in favor    to approve the minutes of the May meeting, 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)

July 19, 2006. 

Director Siedman announced that he will be on vacation out of the country and will not attend the July meeting.

20.    Adjournment

10:44 p.m.