Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors  
July 20, 2005      270 Elm Road, Bolinas

1.  Call to Order:

    8:00 p.m.

2.  Roll:

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

3.  Manager’s Report:

Chief Operator Kate Currey is seeking bids for repair or replacement of the pumps at the sewage lift station.   Item continued to the August meeting.
    Moritz Arboricultural has completed tree hazard assessments for several large eucalyptus trees growing within the right of way on Fern and Evergreen, as well as a single Monterey Pine near 274 Ocean Parkway.   Moritz has recommended stabilization of the large eucalyptus trees through crown and branch reduction.   Staff will seek multiple bids for the work based on the consultant’s assessment.

     Staff will submit a Public Records Act request to the California Coastal Commission, seeking
to inspect all those records, including photographs, correspondence, reports, memoranda, notes, minutes and transcriptions, containing information generated during the period 1987 through 2005 in connection with the Seadrift revetment that the California Coastal Commission used to arrive at its conclusions concerning compliance with Coastal Permit A-1-MAR-87-235.

    4.  Community Expression

The Board received a copy of a fund raising letter from Tomales Bay Association President Ken Fox.  The letter describes in some detail the group’s efforts to seek greater enforcement of environmental regulations in connection with the 11 acre parcel adjacent to Bolinas Lagoon owned by Warren Weber.

The Board received correspondence from Marin County Open Space District regarding the availability of its Policy Review Initiative Final Report, and an announcement concerning an August 2 meeting regarding the Evolution of Bolinas Lagoon.

Director Amoroso indicated he plans to attend the presentation and expressed a desire to see the Philip Williams report before the presentation.

5.  Volunteer Committee Reports

-- Alternative Energy:

Staff will follow up on the hiring of a consultant to analyze the wind data collected over the  past two years at Woodrat 2.  Director Siedman suggested proposing to committee member Tom Williard that he assume the committee chair.  Director Smith gave a brief update on the Coastal Health Alliance solar initiative.
-- Beach: 

Committee member David Kimball suggested the interim report be submitted to
Marin County Counsel because it may provide useful information for answering the committee’s questions.   He also suggested the report be given to the Hearsay News and Point Reyes Light.
With respect to the issue of fires on the beach, Director Smith said that BFPD Fire Chief Anita Tyrrell-Brown is reluctant to issue permits for fires on public property.  Smith urged the committee to develop criteria for safe fires for enforcement use by the Marin County Sheriff’s Office.  Kimball indicated he would add that to the committee task list .
-- Community Paths Group:  7/14/05 meeting report; grant status

    Director Smith stated it is likely the committee will receive a grant to build the path.  Smith noted that the committee has completed the CEQA process, filing a categorical exemption with the Marin County Clerk.  There will be a public meeting prior to starting construction, but there will be no advisory measure on the ballot unless the grant application is denied and the committee decides to seek funding from the community.
-- Downtown Parking and Traffic:  review of proposed parking plan

    Director Amoroso summarized the plan, noting that Marin County Counsel liked the draft report prepared by committee member Jennifer Blackman.   Amoroso emphasized that all timed and reserved spaces are in the commercial area, not the beach area.  The plan creates or legalizes 32 new on-street parking spaces; the plan also designates 23  Bolinas resident permit parking spaces and 21 time-restricted parking spaces.  Amoroso said the fine has been increased from $21 to $63 for certain spaces near the beach, and Marin County authorities are favorably disposed towards increasing the fine for all spaces. 

-- Mesa Drainage:

    The committee has not met since the last Board of Directors meeting and committee chair Matt Lewis said there was nothing new to report.

-- Mosquito and Vector Control Committee:

        a. Proposal to change committee name to West Marin Mosquito Control Committee

Inverness Public Utility District, Point Reyes National Seashore, Inverness Park Association and other entities are interested in participating in the work of the committee.   Director Kimball, volunteering to write the letter, suggested BCPUD formally invite these and other agencies to appoint delegates to the committee.

Amoroso/Siedman      all in favor      to change the name to West Marin Mosquito Control Committee.

      b. Report on the meeting with the Mosquito & Vector Control District on July 13, 2005

Chair Elizabeth Goldblatt reported on the meeting in which the Marin Sonoma Mosquito and Vector Control District (M&VCD) Board took a straw vote on the committee’s suggestion that M&VCD approve a 1 year trial of the committee’s recommended protocol.
The result of the straw vote was confusing to many in attendance at the meeting.  M&VCD Manager Jim Wanderscheid suggested that the moratorium was over. 

Amoroso/Smith        all in favor       to write to the M&VCD Board asking for the proposal of a 1 year trial period be placed on the agenda of the M&VCD’s August 10 meeting, and to write a second letter to Manager Wanderscheid, pointing out the confusion surrounding the M&VCD Board’s action, or lack thereof, and indicating that BCPUD wants official notification, with 45 days advance notice, if the moratorium is to be terminated.

 -- West Nile Virus Task Force:  reassessment of BCPUD representation

This item was moved up on the agenda because Stacey Henderson said she felt ill and needed to go home.  Henderson reported the latest counts of animal cases in California, and asserted that September and October are likely to be bad months for West Nile Virus in Bolinas.

Henderson reported that other agencies are suspicious of the West Marin Mosquito Control Committee and believe that BCPUD could be endangering its neighbors if it prohibits the use of pesticides, although, in response from questioning from Director Amoroso, she did not report any specific information.  Henderson reported that Bolinas is second only to Santa Rosa in the number of calls asking for help or complaining about mosquito problems, and she indicated that M&VCD Manager Jim Wanderscheid has talked about abatement in connection with BCPUD property.  Following a statement that she felt like the BCPUD Board had betrayed her, she left the meeting.

Amoroso/Smith     4 ayes, McClellan opposed        to remove Henderson and appoint Director Kimball as BCPUD’s official representative to the West Nile Virus Task Force.   Amoroso asked that a letter be prepared thanking Henderson for her efforts and inviting her to continue to share her opinions with board.

       i.  Stacey Henderson's letter requested by Board 6/15/05

No letter has been received to date.  Matt Lewis indicated that Henderson  will not write it. Lewis said she would cite her first amendment rights, if pressed to write the letter.

Matt Lewis spoke in defense of Henderson and objected to her removal from the task force.  Lewis then departed abruptly from the meeting, indicating on his way out that he was resigning both from the drainage committee and the utility district. 

Director Smith reminded those present of Henderson’s testimony when the Board was considering support of the annexation measure, i.e., that being in the Mosquito and Vector Control District would not increase the use of pesticides in Bolinas.   Smith also cited Henderson’s undermining of the Board’s and Committee’s position on the pesticides issue and stated that she does not represent the majority view of the community.

Stating his belief that both sides in the debate are too doctrinaire, Director McClellan lamented the loss of Henderson’s and Lewis’s divergent points of view.

Local tradesman Brendan Higgs has volunteered to help homeowners with the screening of roof vents.  Director Kimball and local resident Burr Heneman volunteered to help coordinate the effort.

Director Smith suggested BCPUD purchase screening materials and provide them to Higgs.
Amoroso/Smith        all in favor         to allocate $500 to purchase materials.  Staff  emphasized the need to seal septic tanks as well.

         c. Report on meetings with other agencies/organizations

Committee Chair Elizabeth Goldblatt reported on recent meetings with officials from Inverness Public Utility District, the Inverness Park Association and Point Reyes National Seashore.  All three entities approved the committee’s recommended protocol.  Committee members Kimball and Hellberg also met with the Tomales Bay Watershed Council, which will conduct an email poll of its membership.  Stinson Beach County Water District has agreed to a workshop during which the committee can present its work in detail.   SPAWN, the Salmon Protection Network, is also interested in being involved.

         d. Request for BCPUD Board to approve recommended protocol and report

Amoroso/Kimball    all in favor      to accept the report, as amended to delete the recommendations on the use of mosquito fish and bats.  The protocol was approved by the Board of Directors at the June 15 meeting.  
     e.  Proposal to investigate procedures to de-annex from Marin/Sonoma Mosquito &
           Vector Control District (M&VCD)
     f.  Proposal to file Public Records Act request concerning M&VCD annexation election
      g.  BCPUD legal options re M&VCD’s termination of moratorium on use of pesticides

Regarding items e., f., and g., Director Siedman recommended waiting until the committee broadens its membership base to consider these issues but Director Amoroso argued there is not enough time.
Goldblatt requested BCPUD file a Public Records Act request for all information related to the November, 2004 election in west Marin and to the CEQA process, including all communications from other agencies and from any consultants who may have been involved.  The committee chair noted that there are problems with the process.  The ballot said only “environmentally safe” measures would be employed, and that statement cannot be made if pesticides are to be used.

The committee will investigate legal options.

Amoroso/Smith     all in favor      to file a public records act request.

h.  Proposal to include all BCPUD property on the M&VCD no-spray list, including the   
     BCPUD-owned roads on the Mesa.

        Amoroso/Kimball     all in favor       to make such request.
-- Resource Recovery: June financial report

    The Board received the report.

-- Mesa Drainage, redux:

At this point, the Board returned to consideration of Mesa Drainage

Director Amoroso recommended dissolution of the volunteer committee but no action was taken.  Director Kimball restated the request to have staff review the project plan submitted to the Board by the Drainage Committee and make recommendations on how to proceed.

6.  2005-06 Budget Adoption:  Resolution No. 520, approving budget; Resolution No. 521, stating current rates and charges and authorizing placement of charges on Marin County property tax bill

    McClellan/Amoroso      all in favor      to approve Resolution No. 520.

     Amoroso/McClellan       all in favor      to approve Resolution No. 521.

7.  2005-06 District / Employees Memorandum of Understanding

    Amoroso/Kimball      all in favor     to approve the 2005-05 Memorandum of Understanding.

8.  Expanded Water Use Permit Application:  Russell – 60 Terrace

    McClellan/Smith       all in favor      to approve conditional permit.

9.  November 8, 2005 Election:  approval of wording for possible ballot measures:  Downtown Parking Plan, Sewer Property Bicycle and Pedestrian Path, other

    Smith/McClellan     all in favor     to approve the Downtown Parking Plan advisory measure wording.

    Kimball/Smith     all in favor      to approve the wording for a measure seeking the community’s advice on whether BCPUD should continue its efforts to control the use of pesticides in Bolinas and its environs.

    The Marin County Elections Department will be requested to make all registered voters within the boundaries of the Bolinas Fire Protection District eligible to vote on both measures.
10.  Bolinas Community Land Trust:  request to park flea market bus on BCPUD property

    Amoroso/Smith        all in favor        to permit the Bolinas Community Land Trust to park its bus on BCPUD property until the Bolinas Garage project is completed, and then to re-evaluate the arrangement.  

11.  Eucalyptus Containment Project:  authorization to remove 4 trees at sewerage treatment facility


12.  BCPUD's Pine Gulch Creek Property:  access easement - next steps


13.  Resolution No. 522, authorizing Board President Jack Siedman to certify PERS and ICMA retirement applications for  employee Phil Buchanan

    McClellan/Kimball      all in favor      to approve Resolution No. 522.
14.  Other Business

a.  Board Committee Reports

-- Finance:  4th Quarter Financial Report

The Board received the report.   
-- Legal:  no report.

-- Mesa Septic, Flood Control and Roads:  no report.

-- Operations: no report.

-- Park and Recreation: 

Director Siedman reported that the project manager from the State Parks Department is coming for a site visit next week.

-- Personnel:  

Director Kimball acknowledged the excellent work done by employee Seth Kline.

-- Sewer:    no report.

b.  Minutes of June 15, 2005 Meeting

    Smith/Kimball          all in favor         to approve the June 15, 2005 minutes.

c.  Warrants

    Kimball/Smith           all in favor       to approve the warrant list.
d.  Scheduling of Next Meeting(s)

    August 17, 2005

15.  Adjournment

11 p.m.