Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
July 16, 2008     270 Elm Road, Bolinas

1.    Call to Order

    7:31 p.m.   

2.    Roll

    Directors Kimball, McClellan, Siedman and Smith present; director Amoroso arrived at 7:36 p.m.  Director Siedman presiding.

3.    Manager’s Report

    Staff reported that a water conservation notice has been sent to all customers of the district to request that they voluntarily reduce their consumption immediately.  After the driest spring on record in many years and with no rain anticipated until Fall, the district is in a perilous position with respect to its water supply.  The district in May began transferring water from the Woodrat #2 reservoir into the Woodrat #1 reservoir and has been running at least one filter on this emergency water supply for months; as such, levels in the Woodrat #2 are dropping and the reservoir is seriously depleted.  The district sent out the conservation notice to enlist the participation of the entire community to conserve until the rains begin.

    Staff directed the Board’s attention to various reports prepared by the district since the last Board meeting; namely, the 2007 Consumer Confidence Report (which was mailed to all customers on June 30, 2008); the 2005-2007 water license reports to the State Water Resources Control Board (submitted on July 1, 2008); and the district’s request to the California Department of Public Health to grandfather the district’s 2008 e coli test results to satisfy a new federal rule. 

    The district’s most recent water consumption figures pertaining to the downtown area indicate that consumption increased by about 30,000 cubic feet when compared to the same time last year (an unfortunate trend).   Also, leaks continue to plague the distribution system.  Since the last meeting of the Board, the system experienced a big leak on Marin Way on an area of the water main above the area repaired a few months ago.  Once again, an observant resident noticed water flowing in the ditch adjacent to Marin Way and called the BCPUD.  Today, staff repaired leaks on Ocean Parkway across from Agate Beach and on Cedar off of Elm. 

    Staff presented a draft issue of the BCPUD’s Pipeline newsletter for the Board’s review and comment.  The lead article is about the district’s bicycle and pedestrian path, which is currently under construction by Brent Harris Construction.  Director Smith said that an unanticipated issue has arisen with regard to horses traveling on the path and damaging the surface; the district had planned to prohibit equestrian and motor vehicle use of the path, but local equestrians are upset at the potential loss of access to a route downtown and to Gospel Flats.  Director Smith has scheduled a meeting with Sally Peacock and other local equestrians to discuss the matter. 

    The district’s insurance authority representative conducted a site visit to the district the previous week and likely will send a written follow-up; he walked the bike path route and also inspected the PV solar array installation sites.

    On the wastewater side of operations, staff continues to take advantage of dry conditions and conduct repairs in the spray field.  The district also is in discussions with the Bay Area distributor for a repair or replacement of the dysfunctional pump at the downtown lift station. 

    Staff presented an inquiry from a local resident affiliated with Commonweal’s Regenerative Design Institute to install a demonstration garden on BCPUD lands.  Staff suggested that the property to the west of the BCPUD office building would be particularly appropriate given the opportunity for a water catchment system (to capture water off the building roof) and ease of access and parking for gardeners and observers. 

-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of the BCPUD Building.

Staff is working with designer Steve Matson to finalize the building remodel plans for submittal to the County of Marin for a building permit to improve the accessibility of the BCPUD’s office building.
     -- Drainage Project Manager’s Report

The Board received a drainage report from Drainage Project Manager Lewie Likover.  Staff reported that the district received notice that day that its joint Concept Proposal (submitted with the County of Marin and National Park Service to the State Water Resources Control Board) was well-reviewed and that the district, County and Park Service have been invited to submit a Full Proposal application for funding for their proposed water quality improvement projects for Duxbury Reef.

4.    Community Expression

    Eleanor Lyman and Judith Elliott requested that the Board write a letter in support of a pending state bill (AB 997) to overturn a state law which prohibits local control over pesticide use;  they explained that it is an urgent request because the proposed bill will be considered by the state legislature in August.

V. Amoroso/D. Smith    all in favor   to amend the agenda to include an item to consider this request as an urgent matter.

    Jennie Pfeiffer reported a “massive clearing” of vegetation west of Vine Road at Poplar, just above the swale; she said the area has been skinned to the hard dirt, with vegetation and loose dirt piled up (likely to be washed down into the creek when the rains start).  She noted that this creek drains to Duxbury Reef, an Area of Special Biological Significance.   Jennie spoke with the property owner, who says he intends to install an agricultural well, plant crops and build a structure.  After some discussion, the Board directed staff to report the clearing to the Department of Public Works.  

    Director McClellan reported on a recent meeting of the Tomales Bay Watershed Council at which a representative from the Regional Water Quality Control Board (“RWQCB”) presented an explanation of a rule recently imposed by the RWQCB  on ranchers to promulgate water quality management plans, conduct inspections and report problems; this approach is in lieu of a more intrusive regulatory approach that the RWQCB  legally is empowered to impose.  Director McClellan noted that no water quality monitoring is required under the new rule.  He speculated that this less-intrusive approach may serve as a precedent for other regions within the RWQCB’s jurisdiction, such as the Bolinas Mesa.

5.    Request from the Bolinas Community Center for Assistance from the BCPUD with Downtown and Beach Clean-Up Logistics and Costs.

Director Siedman said that the Community Center for years has carried the burden of cleaning up the downtown and beach.  Mesa Park recently approved the Community Center’s request to locate a dumpster at Mesa Park to accommodate the overflow of garbage removed from the beach.  Now, the Community Center is seeking the BCPUD’s financial assistance to pay for the dumpster.  Discussion ensued, with several Board members noting that the problem appears to be primarily a seasonal one, with the biggest impact at the beach occurring during the summer months.   Others inquired whether the downtown businesses (which attract many of the visitors) are financially contributing to the garbage clean up and, if so, how much.  Director Amoroso suggested a $100 per month contribution (during the season); Director Smith said he felt this likely was not enough and suggested that the BCPUD consider matching the downtown business contributions, subject to a maximum contribution of $1,500.  Directors Siedman and Kimball agreed that the problem is a community one that should be paid for by as much of the community as possible.   After further discussion, the Board directed staff to talk with Marcella Robinson, general manager of the Community Center, and let her know the BCPUD is inclined to contribute via some sort of matching of funds donated by downtown businesses, but would like more information about those donations.

6.    Request to Schedule “Toxic-Away” Day in Bolinas at Mesa Park Parking Lot on September 27, 2008 (note:  this is an appointment-only event).

Director Siedman confirmed that the Mesa Park Board of Directors approved this event at its most recent meeting.  As owner of the property, the BCPUD also needs to approve the event.

J. McClellan/B. Kimball    all in favor    to approve the 2008 Toxic-Away Day at the Mesa Park Parking Lot on September 27, 2008.

7.    Request to Amend BCPUD Resolution 559 Opposing the California Department of
Food and Agriculture Aerial Spray Program to Eradicate the Light Brown Apple Moth (E. Lyman).

Director Siedman noted that the Board previously voted to add Eleanor Lyman’s request for a letter in support of AB 997 to the agenda and that it would immediately follow the Board’s consideration of her request to amend BCPUD Resolution 559.

    Eleanor explained that she would like the Board to amend Resolution 559 to remove the words “aerial spray” from the text so that the resolution will stand in opposition to the California Food and Agriculture (“CFDA”) program in its entirety, rather than specifically just the aerial spray component of the program.  She advocated that the program should not be implemented unless and until a full Environmental Impact Report (“EIR”) is completed for all components of the program.

B. Kimball/J. McClellan    all in favor    to amend Resolution 559 to remove the words “aerial spray” from the text of the resolution.

7(a).    Request for Letter of Support from the BCPUD for AB 997 (E. Lyman).

Eleanor explained that the state via an existing state law has pre-empted local control over pesticide use and the proposed bill reverses that pre-emption, which is a very important and necessary step in local decision-making on this topic.

B. Kimball/J. McClellan    all in favor    to write a letter of support for AB 997.

8.    BCPUD Letter re: Bolinas Lagoon Ecosystem Restoration Project – Revised Recommendations for Restoration and Management (Revised Draft Locally Preferred Plan).

Director Amoroso reported that he attended the final Working Group meeting at Volunteer Canyon during which the group reviewed the draft report in light of the public comments received.  With regard to the comments submitted by the BCPUD, the Working Group agreed that the topic of the Seadrift Lagoon should be elevated to the management section of the report, but declined to recommend an investigation of the effect of the Seadrift revetment on the lagoon.  The Working Group also declined to recommend opening the Bolinas Channel because a majority of members feel that this is an economic issue (i.e., impact on local fishermen) rather than an ecological issue.  Director Amoroso pointed out during this meeting that the narrowing of the channel is expanding Kent Island, interrupting natural flow, etc. and that there are, therefore, ecological reasons to explore a widening of the channel, but the Working Group did not agree.  The next meeting about the report will be on July 25th in Point Reyes Station.  Director Amoroso requested that the Board submit another letter on or before July 25th reiterating the importance of opening the Bolinas Channel and investigating the impact of the Seadrift revetment; director Kimball concurred, stating that without these components to the report, it cannot truly be considered a “locally preferred” plan for restoration of the lagoon.  The Board directed staff to prepare such a letter to the Working Group.

9.    Approve Notice to Proceed to SPG Solar, Inc. for the Design and Installation of the PV Solar Arrays at the BCPUD’s Water and Wastewater Treatment Sites Immediately Following Execution of Purchase Agreement and Pricing of Clean Renewable Energy Bonds.

Staff reported that the Purchase Agreement for the district’s Clean Renewable Energy Bonds (“CREBs”) was executed on July 14th, as was an amended agreement with SPG Solar, Inc.  In connection with the CREB’s financing, the district benefited from the refinancing of one of its other loans.   A partial notice to proceed previously was given to SPG Solar, Inc., to commence the design work for the district’s two PV solar array installations.   Now that the financing is in place, staff requested Board approval to issue a full Notice to Proceed to SPG Solar. 

B. Kimball/D. Smith    all in favor    to issue a full Notice to Proceed to SPG Solar, Inc.

    Staff noted that since Board President Jack Siedman will be on vacation at the end of the month, unless there is any contrary direction by the Board, the General Manager will execute all of the final paperwork to complete the CREB’s financing.  There was no objection from the Board.

10.    Approve Refinancing of the 1993 California Statewide Communities Development Authority    (“CSCDA”) Loan Agreement Between the Bolinas Community Public Utility District and the CSCDA.

Staff stated that this agenda item is now moot because the Board approved this refinancing at a Special Meeting of the Board on July 11, 2008.

11.    Discuss Potential Amendments to Resolution 152 re: Water Meter Transfers

    This item was deferred pending legal review.
12.    2008-09 Budget Adoption:  Resolution No. 565 Approving Budget;  Resolution No. 566 Stating Current Rates and Charges and Authorizing Placement of Charges on Marin County Property Tax Bill.

V. Amoroso/B. Kimball    all in favor      to approve Resolution 565 approving the district’s 2008-09 operating budget.

D. Smith/V. Amoroso    all in favor    to approve Resolution 566 stating current rates and charges and authorizing placement of charges on the Marin County property tax bill.

13.    Volunteer Committee Reports

-- Alternative Energy:  Nothing further to report.

-- Bolinas Community Plan Review Committee:  Committee chairperson David Kimball submitted a summary of a meeting recently held between some of the committee members and Supervisor Steve Kinsey regarding the committee’s planning efforts to date.  Director Siedman noted that the County’s update of the Local Coastal Plan also is underway; director Smith said the process is somewhat backward as the County really should receive and consider updated local plans from the coastal communities before embarking on an update of the County’s coastal plan.  Director Kimball said the County’s process is likely to take at least two years, which should provide the community ample time to comment and/or contribute other input. 

-- Bolinas Lagoon Technical Advisory Committee: Nothing further to report.

-- Community Paths Group:  Nothing further to report.

-- Downtown Parking and Traffic:  Nothing to report.  Several Board members commented that the traffic downtown was quite bad over the July 4th weekend.

-- Resource Recovery: Nothing to report.

-- Terrace Avenue/Alternative Access Road Committee:   Director Smith reported that the committee continues to press the County to fix the planking  on the seawall below Terrace Avenue, arguing that doing so will reduce the County’s liability exposure. 

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Amoroso reported that he attended the most recent meeting of the West Nile Task Force on behalf of director Kimball, who was out of town; only one human case of West Nile Virus has been reported in California this year (a 59 year old woman with no symptoms) and thirteen cases in the country.  Director Kimball reported that the West Marin Mosquito Control Coordinating Council  is next scheduled to meet on August 11th. 

14.    Other Business

a.  Board Committee Reports

-- Finance:  Director Kimball volunteered her assistance in the event staff needs help with any aspect of the CREBs financing of the district’s solar projects.
-- Legal:  Nothing to report.

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

-- Operations:  Nothing to report.

-- Park and Recreation:  Director Siedman reported that the Downtown Park committee continues to develop the design for the new park.  The Mime Group will be returning to perform at Mesa Park on August 9, 2008.

-- Personnel:   Nothing to report.

-- Sewer:    Nothing to report.

b.    Minutes of the June 18, 2008 Regular Meeting; Minutes of the June 9, 2008 Special Meeting

Director Smith offered a correction to item 4, line 9 of the minutes of the June 9, 2008 special meeting:  the words “14% of” should be added between the words “lose” and “the monies”. 

B. Kimball/D. Smith    all in favor    to approve the minutes of the June 9, 2008 special meeting, as amended.

D. Smith/B. Kimball:    all in favor    to approve the minutes of the June 18, 2008 regular meeting.

c.    Warrants

V. Amoroso/D. Smith    all in favor        to approve the warrant list.

d.    Scheduling of Next Meeting(s)

August 20, 2008 at 7:30 p.m.

15.  Adjournment

    10:00 p.m.