Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
August 16, 2006     270 Elm Road, Bolinas

1.    Call to Order

    8:00 p.m.

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

3.    Manager’s Report

    Staff reported that the district continues to experience difficulties producing sufficient treated water to meet demand.  Conservation notices are posted around town and published in the  Hearsay, but the usual drop in consumption that historically follows such notices has not been forthcoming.  Staff feels that this method of communication may be inadequate in the current environment of electronic mail; accordingly, staff plans to include notes in the next round of customer billing requesting customers to provide their e-mail addresses (and further requesting permission to share these addresses with the Fire Protection District and Disaster Council for emergency notification purposes).  In addition, Director Kimball has designed a sign to be posted in town during periods of shortage that is more eye-catching than the traditional printed notices.

Staff emphasized that the current problem is not one of  water supply, but rather an inability of the treatment facility to treat the available water fast enough to meet demand.  The district is in critical need of a fifth filter at the treatment plant and also needs to convert and retrofit the existing filters to a low pressure system.  Staff met with filter company representatives on August 14th and requested a bid for the conversion and retrofit.  The costs are likely to approach $150,000 and the conversion and retrofit ideally should be done as soon as possible.  The district should experience costs savings after the conversion and retrofit in the form of lower maintenance costs and lower power demand (e.g., savings on PG&E bills); in addition, the finer filtration possible through the new filters may help the district reduce its TTHM and HAA5 disinfection byproduct problems.

    With respect to the wastewater side of operations, the Firehouse & Clinic Project connection to the district’s sewer system is scheduled to commence in the next week with the trenching of the pipeline route from the Project site to the manhole at the upper ponds.  Staff continues on-going property maintenance work with continued mowing and removal of non-native vegetation at the sewer ponds. 

    The County recently inspected the district’s hazardous equipment and was generally very pleased with the district’s operations. 

    The Board reviewed correspondence sent and received since the last meeting, including a copy of the most recent TTHM/HAA5 notice sent to customers as per the regulations recently issued by the California Department of Health Services.

      -- Drainage Project Manager’s Report

    Lewie Likover gave his monthly report to the Board.  He reported that due to his increased duties as Shift Operator for the district, he has not had much time in recent weeks to devote to drainage, but he is using the time available to develop elevations for the project under development by the Alder Road group.  To accommodate customer interest in discussing drainage projects on the weekends, Lewie has revised his work schedule to schedule his 8 hours of budgeted drainage work on the weekends. 

4.    Community Expression

    The Board received a letter from Christine Airey in support of the Bolinas Rod & Board Club’s recent letter to Supervisor Kinsey in support of restoring the circulation and deeper water habitat of the Bolinas Lagoon.

    David Kimball gave an update on the latest developments with regard to the Kidson lawsuit against the County.  The Superior Court has issued a ruling in the trial proceeding;  unfortunately, neither Kidson’s attorneys nor the County’s attorneys seem to understand what the ruling means and are in the process of seeking clarity on the judge’s intentions.  The County has been tasked with drafting a more comprehensive order consistent with the judge’s ruling. 

    Cela O’Connor noted that the next meeting of the BALTAC Executive Committee is the second Friday of September and she asked if the BCPUD  has submitted its letter in support of an incremental interventionist approach. Staff confirmed that the letter has been sent.

    A member of the audience identified him self as a Board member of environmental organization in Key West, Florida and stated that he wanted to congratulate the Bolinas community in what it has accomplished with regard to environmental stewardship. 

    Janine Aroyan said she is concerned about the on-going water supply problems the district is experiencing; as a landscaper she frequently is asked to design gardens with lawns and roses (both of which require lots of water) for new residents.  She suggested that an education campaign to raise awareness about water usage may be useful, encouraging the use of native landscaping and/or water catchments.  After some discussion, Janine agreed to assist BCPUD staff with the development of educational materials;  Director Kimball volunteered to assist. 

5.    Volunteer Committee Reports

-- Alternative Energy:  Nothing to report.

-- Beach:  Receive Final Report on Beach Issue.   Bruce Bowser presented the Final Report of the Beach Committee as Committee Chairperson Magi Barror was not able to attend the meeting due to family obligations. Director Amoroso noted that only four members of the Committee signed the report and queried whether that was a quorum.  Bruce said that although the Committee originally had 11 members, it quickly shrunk to a core of 6 member due to attrition.  Bruce said that the Committee strongly feels the next step is to circulate the report as widely as possible within the community for input.  David Kimball and Jeff Commons emphasized that the Committee is aware that many of the recommendations in the report will be controversial and that the report likely is a starting point for a more extensive community debate.

        Cela O’Connor commented that she attended many of the meetings but did not join the Committee or vote on its recommendations because she has a set opinion in favor of banning camping on the beach “24-7” for public health and safety reasons.  She said the Committee worked very hard and always has recognized that its recommendations must go to the community for discussion and input.  

        Director Kimball moved that the Board accept the Committee report on the condition that the Committee conduct a public meeting to enable the BCPUD Board to determine if an advisory vote should be conducted on some or all of  the report’s recommendations.  She stated that she has been contacted by many people who support a ban on camping. 

        After extensive discussion of Director Kimball’s motion and the possible means by which the report could be distributed, the Board acknowledged that the report seemed to contain several typos and/or errors that should be corrected by the Committee before the report is distributed.  The Committee was asked to conduct one more meeting to do this work and then re-submit the report to the BCPUD.  Directors Amoroso and Smith requested to be included in the meeting.

-- Bolinas Community Plan Review Committee:  Nothing to report.

-- Community Paths Group:  Update on Status of Coastal Permit Application.  Director Smith reported that he is in the process of redesigning the entryway of the path to meet the requirements of the County Traffic Engineer.  The County Planning Department has preliminarily concluded that the path construction is exempt from CEQA.  At this point, it is not clear whether the path can be installed prior to the rainy season;  if not, the path will be installed in the Spring.  Staff added that a site visit with the County planner assigned to the coastal permit process is scheduled for later in the month. 

-- Downtown Parking and Traffic:  Nothing to report.

-- West Marin Mosquito Control Committee:  Director Kimball announced that the Committee has officially transitioned to a West Marin “council” and is no longer operating as a BCPUD committee.  The Committee’s final piece of business was to fulfill the Public Records Act request submitted to the Marin/Sonoma Mosquito & Vector Control District, which has been completed (although all of the documents obtained have not yet been analyzed). 

-- West Nile Virus Task Force:  Director Kimball said that the Task Force meets again the following Monday.  In recent days, two WNV-positive crows have been found in San Anselmo and one WNV-positive squirrel.  She noted that  the current “hot spots” are elsewhere in the state:  Kern County has 20 human cases and Yolo County as 11 human cases.  Director Kimball recently submitted a letter to the editor of the Point Reyes Light which she hopes will be published and engage the community in preventative action.

-- Resource Recovery:  Receive July Financial Report.   The Board received the financial report without comment.
6.    Terrace Avenue:  Appoint Committee to Study and Evaluate Alternative Access Road.

    Director McClellan moved to appoint the entire list of applicants to the Committee;  Director Amoroso seconded the motion.  Director Smith indicated that he would like to be the BCPUD representative and Director Siedman said the Committee should include a member of the Disaster Council.

D. Smith/V. Amoroso    all in favor    to appoint the list of applicants to the Terrace Avenue Alternative Access Road Committee, subject to including a to-be-determined representative of the Disaster Council.

    Director Siedman directed staff to contact Fire Chief Anita Tyrrell-Brown and request that she convene the first meeting of the Committee.

7.    Request from Bolinas Fire Protection District to Conduct Community Hazardous Waste Materials Drop-Off Day at Mesa Park.

Staff reported that the Bolinas Fire Protection District has requested permission to host a hazardous waste drop-off day at the Mesa Park blacktop on September 30th from 9:00 a.m. to 1:00 p.m.  The drop-off will be by appointment only, with no unscheduled or late drop-offs permitted.   The San Rafael Fire Department is managing the event and is working with an experienced and licensed outside contractor.  The event will be fully insured, any spillages with be cleaned up and all waste will be disposed of properly.  The event is free for Bolinas residents.

J. McClellan/B. Kimball    all in favor    to grant permission to the Bolinas Fire Protection District to host a hazardous waste drop-off day at the Mesa Park black top.

8.   Update on Request that BCPUD Adopt a Resolution Banning the Use of Pesticides on Public Property; Discussion of Proposed Amendment to Ordinance 30.

Eleanor Lyman presented the text of a resolution she would like the BCPUD to adopt to regulate the use of pesticides on district property; she also would like the BCPUD to take the lead on educating customers about the environmental dangers of pesticide use and urging that customers not use such products on their own property.  Director McClellan stated that he also was working on an amendment to BCPUD Ordinance 30 to specifically prohibit the use of such products in the BCPUD rights-of-way.  Director Amoroso cautioned that the wording of any such resolution or ordinance needs to clearly provide that products approved for use in connection with organic farming are not banned.  After further discussion, it was agreed that Directors Smith and Amoroso will work with Eleanor to refine the text of her proposed resolution and Director McClellan will complete his drafting of the amendment to Ordinance 30.

9.    Update on Tomales Bay Watershed Council progress on Integrated Coastal Watershed Management Plan

Staff updated the Board on the Tomales Bay Watershed Council (“TBWC”) progress on the Integrated Coastal Watershed Management Plan (“ICWMP”) .  The TBWC last year received a $500,000 grant under Proposition 50 to prepare an ICWMP and Bolinas has joined the TBWC for the duration of the ICWMP process because the Big Mesa and Duxbury Reef (and “Area of Special Biological Significance” under state law) are included in the integrated watershed.   In addition to the overall ICWMP, the document will include supplementary components relating to storm water monitoring, septic systems and assessments of the ASBS regions within the integrated watersheds.  Director McClellan is serving as the BCPUD’s representative on the TBWC; General Manager Jennifer Blackman is serving as BCPUD’s representative to the Technical Advisory Committee advising the TBWC and overseeing the overall ICWMP process.

During February – May of 2006, the TBWC staff  negotiated the terms of the grant contract with the State Water Resources Control Board staff.  June and July of 2006 were devoted to the selection of consultants to assist the TAC with the drafting of the ICWMP.  The consultants are now on board and the TAC is working hard to define all applicable scopes of work, particularly with regard to the three supplementary plan documents relating to septic systems, storm water management and ASBS assessment in the integrated watershed.  The TAC decided to form three subcommittees to deal with these components (defining the scope of work and extent of assessment and monitoring) and Jennifer has been asked to represent the BCPUD on each of the subcommittees.  At this point, it seems clear that the ASBS component will focus on Duxbury Reef as it is the only ASBS located in a developed area; the other three ASBS sites within the integrated watershed are within the Point Reyes National Seashore and are only minimally impacted by any human activity.  The septic component will focus on Woodacre (to conduct workshops and try to develop management solutions for the community); San Geronimo Valley (with area-wide focus with issue-specific workshops) and Inverness (to develop a “model” set of management guidelines).  The current timetable requires the draft ICWMP to be completed by February 2007; the TBWC will then embark in a stakeholder outreach and education effort from February – July 2007, when the final version of the report is due to the SWRCB.

10.     Approve 2006-07 District/Employees Memorandum of Understanding.

D. Smith/J. McClellan    all in favor     to approve the 2006-07 District/Employees Memorandum of Understanding.

11.    Resolution 536:  Cites Board of Directors’ Choices for Determining 2006-07   Appropriations Limits

    Staff explained that state law (via Propositions 4 and 111, known as the Gann initiatives) places limits on the amount of revenue that districts can appropriate; the BCPUD is required to have formula to calculate its limit based on the 1978-79 “base year”, adjusted to reflect population and inflation.  Only revenues received by the BCPUD that are deemed to be the “proceeds of taxes” are subject to the limit; accordingly, since most BCPUD revenues are from service fees (not taxes), those revenues are exempt from the formula.

V. Amoroso/J. McClellan    all in favor    to approve Resolution 536.

12.    Resolution 537:  States District’s Appropriation Limits for Fiscal 2006-07

V. Amoroso/B. Kimball    all in favor    to approve Resolution 537.

13.    Other Business

a.  Board Committee Reports

-- Finance:  Nothing to report.

-- Legal:  Nothing to report.

-- Mesa Septic, Flood Control and Roads:   Director Kimball said that she would like to get clarification on the extent of staff authority to approve applicant requests to remove of hazardous trees in the BCPUD rights-of-way without the necessity of a Board review of the decision; she does not want to see such projects unnecessarily delayed.  After some discussion, it was agreed that staff should employ the “abundance of caution” approach and place all potentially controversial tree removal requests on the Board agenda for consideration with notification to all nearby property owners.

-- Operations:  Nothing to report.

    -- Park and Recreation:  Update on Projected Operating and Maintenance Costs of Reclamation Project.

        Director Siedman reported that Andy Blake and Bonnie Jones have worked up an estimated annual operation and maintenance budget of $28,500 – $29,000 for the reclamation project at Mesa Park.  This estimate is higher than Mesa Park’s current budget will permit, so the Mesa Park Board is considering a possible parcel tax increase.  Director Siedman suggested there may be cost-sharing opportunities with the BCPUD because of the benefits to the sewer ponds of having water diverted to the reclamation project for treatment.  He emphasized that the reclamation project will not be built until Mesa Park has a demonstrated means by which to pay the annual operation and maintenance costs.  Director Siedman also observed that the Mime Troupe performance at  Mesa Park earlier in the month was very well received.

-- Personnel:  Nothing to report.

-- Sewer:    Director Amoroso said he plans to contact Don Guravich to assess the eucalyptus saplings on the sewer pond property.

b.    Minutes of July 19, 2006 Regular Meeting

Don Smith questioned whether the draft minutes on page two accurately reflect the Board’s decision with respect to Rachel Gertrude and Ward Young’s request to remove hazardous trees; he said that the minutes should clearly state that the BCPUD has agreed to contribute ¼ of the lower of the two bids they obtained for the work—a third bid is not required.  The Board agreed.

V. Amoroso/B. Kimball    four in favor, Director Siedman abstaining    to approve the minutes of the July 19, 2006 regular meeting, with the clarification noted by Director Smith.

c.  Warrants

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

d.  Scheduling of Next Meeting(s)

    September 20, 2006 at 8:00 p.m.

14.    Adjournment

10:51 p.m.