Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
September 19, 2007     270 Elm Road, Bolinas

1.    Call to Order

    7:32 p.m.
2.    Roll

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

3.    Manager’s Report
Staff reported that a notice will be mailed to customers on September 20th informing them about the district’s on-going exceedences of the maximum contaminant levels for total trihalomethanes (“TTHMs”)  and haloacetic acids (“HAA5s”).  Restoration work in the Arroyo Hondo is complete; the district hired two additional employees to work with existing staff and the work was completed in approximately two weeks.  First, the road was cleared of debris and the material was then spread and compacted on the road itself;  second, the fish in the vicinity of the reservoir were relocated by National Park biologists and the reservoir was then re-established.  Staff praised the work of BCPUD staff (Bill Pierce, Seth Kline and Lewie Likover), as well as the crew of the Pacific Slope Tree Company, Ted McIssac Hauling, and temporary employees Rich Peterson and Ryan Semorile – they all did an incredible job.

    The district experienced another major leak on the water distribution system along Mesa Road, just south of the water tanks.  A local resident saw water bubbling by the side of the road while out hiking and reported it promptly; BCPUD staff immediately went to work on a Sunday evening repair.  Nearby neighbors Bill Niman and George Gonzales were on the scene and extremely helpful, providing much-appreciated assistance to the BCPUD staff throughout the repair.  

    Water consumption in the district was down by approximately 77,000 cubic feet (576,000 gallons) during June, July and August as the community continued to respond to the district’s pleas for water conservation;  the amount billed increased only slightly, by just over $1,000, due to the recent increase in metered water delivery charges.  The remaining parts necessary for the conversion and retrofit of the water treatment plant are finally arriving and the technicians are scheduled to arrive in mid-October to start the project.  Finally, the staff is consulting with an earthen dam engineer about inspection and maintenance of the Woodrat #1 and #2 reservoirs; some mowing has been completed on the face of Woodrat #1 and work is planned for both sites to remove invasive reeds and restore capacity and functionality of the facilities.

    With regard to staffing, the application deadline has passed (September 14, 2007) for the currently available part-time shift operator position.  Several applications have been received; the staff will review them and decide on next steps in the process in the next few weeks.   As far as upcoming events, “Toxic Away Day 2007” is scheduled for September 22, 2007 from 9:00 – 1:00 p.m. at the Mesa Park parking lot and a a site visit to the BCPUD by ACWA/JPIA is scheduled for September 27th.

On the wastewater side of operations, spray season continues and the condition of the spray field continues to look very good as a result of the annual mowing and valve repair work that has been completed.  The tree removal project along Mesa Road went very smoothly with virtually no community complaints;  in fact, several residents have requested truck loads of the tree chips that are on site. 

The Board reviewed correspondence sent and received since the last regular meeting.  In particular, the Board evaluated a Draft Negative Declaration from the County regarding the Pine Gulch Creek Enhancement Project.  The County’s Negative Declaration finds that the project  has potential environmental impacts, but those impacts can be mitigated as proposed by the applicants.  Public comments on the project are due by September 24, 2007 and a public hearing to consider adoption of the negative declaration is scheduled for October 25, 2007.   After some discussion, the Board directed staff to write a letter in support of the project, conditioned upon the BCPUD’s understanding that the proposed water storage ponds are designed to provide only the amount of water necessary for irrigation purposes; that the project proponents’ wet season appropriative diversions will be licensed for agricultural irrigation purposes only (and not domestic use); and, that no water so diverted will be permitted to be channeled or otherwise appropriated out of the Pine Gulch Creek watershed.

Staff recommended that the BCPUD retain designer Steve Matson to advise the district with regard to ADA accessibility of the BCPUD offices and the Board approved the recommendation.

    Staff attended a stormwater management conference at the end of August; it was very informative and the details have been discussed by the working group (BCPUD General Manager, Drainage Project Manager and consulting hydro-geologist Rob Gailey).  In light  of the panoply of financial, regulatory and technical issues relating to stormwater management, the working group has requested a meeting with appropriate County personnel to discuss a partnership of effort on drainage issues in Bolinas and to agree upon the best steps to implement the projects identified by the working group.

     -- Drainage Project Manager’s Report

The Board received a written report from the Drainage Project Manager.

4.    Community Expression

Director Smith expressed concern about the condition of the seawall under Wharf Road.  Several persons present in the audience echoed his concerns.  After some discussion, staff was directed to write a letter to the County’s Department of Public Works (with courtesy copies to the Bolinas Lagoon Technical Advisory Committee and the Marin County Open Space District) alerting them to the condition of the seawall and the imminent threat posed to the district’s water and sewer lines in that location.

5.    Public Hearing:  Complaint of Obstruction to the Public Right-of-way at 350 Fern Road, Bolinas (S. Simac)

The Board deferred the item until the end of the agenda, per the request of Mr. Simac. 

6.      Expanded Water Use Permit Application: 215 Juniper Road (Winstead).

Applicant Charles Winstead explained that he has replaced the galvanized steel water line to the house at 215 Juniper, thereby fixing numerous leaks on the line which he hopes will result in a significant reduction of water use at the property.  His specific project consists of an interior  kitchen remodel with energy efficient appliances and siding replacement; he also is doing lots of tree work. 

Director Kimball acknowledged that Director Amoroso arrived at 8:21 p.m. and assumed the gavel.

J. McClellan/D. Smith    three in favor (Amoroso abstaining )     to approve an unconditional expanded water use permit.

7.    Resolution 553:  Establishing Criteria for Requests by District Customers for Relief from Quarterly Metered Water Delivery Charges in the Event of a Leak.

Director Kimball noted that at the August meeting the Board reviewed a draft resolution that she had prepared based on the approaches taken by other water districts. Following a robust discussion of the issues at that meeting, staff was directed to revise the draft resolution consistent with the comments of the Board.  The draft resolution currently before the Board reflects those revisions and director Kimball recommended approval of the resolution.   Director Smith noted that the word “consumer” in two places should be replaced with the word  “customer” for consistency throughout the resolution.  Director McClellan indicated that he had not reviewed the revised resolution and suggested the matter be deferred to the next month because director Siedman was absent; he felt the full Board should be present to vote on this important resolution.  Director McClellan also wanted to be certain that the Board has the latitude under this resolution to grant relief in the event of  “excusable neglect” by a customer.  The Board agreed to continue adoption of the resolution to the September meeting.

8.    Amendments to BCPUD Ordinance 30 Establishing Criteria for BCPUD Participation in the Financing of Road Improvements and Other Projects in the Gridded Mesa’s Public Rights-of-Way.

    Director Smith reminded the Board that he originally suggested the development of criteria for BCPUD participation in road projects and that director McClellan had agreed to draft the necessary amendment to Ordinance 30 to incorporate these criteria.  Director Smith reiterated that he feels the district should articulate the procedures to follow when prioritizing projects and should also be clear that the district’s participation is necessarily limited by the drainage budget for the year; projects therefore may need to be deferred if funds are not available.  Director McClellan said he has not completed his drafting of the amendment language and the matter therefore was continued to the September meeting.

9.    Amendments to BCPUD Resolution 152 Establishing Criteria for the Proposed Transfer of Water Meters Within the District.

Director McClellan said he also had agreed to draft potential amendments to Resolution 152 with director Siedman, but director Siedman has been in trial and unavailable in recent works.  The agenda item therefore was continued to the September meeting.

10.    Adoption of Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan.

    Staff reported that after many months of effort, the plan has been completed and the BCPUD, as a participating water agency, must now decide whether to formally adopt the Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan.  In response to questions, staff confirmed that revisions to the plan requested by the BCPUD relating to the groundwater conditions on the Mesa have been made.  Michael Mery from the Inverness Association was present and commented that the planning process generally went very smoothly and the plan is receiving good reviews thus far.

B. Kimball/J. McClellan    all in favor     to adopt the Tomales Bay Watershed Council’s Integrated Coastal Watershed Management Plan.

Michael Mery addressed the Board on a related topic;  he noted that the state and federal government are insisting that watershed protection projects be well integrated and as regional as is practicable – particularly with regard to the expenditure of Prop 50 and Prop 84 funds.  Although Bolinas is outside of the Tomales Bay watershed, it is very close geographically and the communities face similar issues (dependency on surface water, concern for endangered species (coho and steelhead), etc.).   The Executive Committee of the Tomales Bay Watershed Council therefore would like to request that the BCPUD remain on the Council and play an active role.  The Committee believes that a  good working relationship has been established and will benefit all concerned if it continues.  Directors McClellan and Smith, both of whom have attended Council meetings during the Prop 50 process, and BCPUD staff concurred that the ICWMP planning process has been a very positive effort and that a productive working relationship has been established;  all recommended that the district continue to participate on the Council, as requested.

J. McClellan/B. Kimball    all in favor    to approve the BCPUD’s continued membership in and active involvement with the Tomales Bay Watershed Council.

11.    Election of the 2008-2009 Association of California Water Agencies (“ACWA”) Region 1 Officers and Board Members.

J. McClellan/B. Kimball    all in favor     to vote for the slate of Officers and Board Members recommended by ACWA.

12.    Bolinas Lagoon Ecosystem Restoration Project:  Letter to the Marin County Open Space District/Gulf of the Farallones National Marine Sanctuary.

Director Amoroso reported on recent developments with regard to the Bolinas Lagoon Ecosystem Restoration Project: the Gulf of Farallones National Marine Sanctuary has been brought in as new member taking the lead on the project and an advisory council has been created.  The advisory council has appointed a 14-member working group to develop a “locally preferred plan”.  Several Bolinas residents, including Rudy Ferris, Bruce Bowser, Ralph Camiccia, Bucky Mace, and Gary Page are serving on the working group.  Director Amoroso said he originally asked for this item to be included on the agenda in the event the Bolinas representation on the working group was insufficient; he said he also suggested to the advisory council at the last meeting that they consider soliciting recommendations from the BCPUD and the Stinson Beach County Water District for additional appointees to the working group.  After some discussion, the Board agreed that the Bolinas representation on the working group is satisfactory and no additional action is necessary at this time.

13.  Volunteer Committee Reports

-- Alternative Energy:  Update on Solar Installation Project:  Director Smith reported that the district is in the midst of the public bid process at this time with nothing specific to report until a contractor is selected.

-- Beach:  Nothing to report.

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

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

-- Community Paths Group:  Director Smith reported that the district is waiting to hear whether an additional $19,000 in funding will be available for the installation of the path on BCPUD lands.  Director Smith is continuing to work with the County on the best design for the entry of the path onto the intersection of Mesa and Olema-Bolinas Roads. 

-- Downtown Parking and Traffic:   Nothing to report.

-- Resource Recovery: Staff reported that the Resource Recovery Project Committee will be hosting a visit from the Tamalpais Community Services District (“TCSD”) to discuss a possible agreement to drop green waste from the TCSD at the Resource Recovery site.

-- Terrace Avenue/Alternative Access Road Committee:  Director Smith reported that the County’s Department of Public Works is working on a proposal to move Terrace over to the north at Surfer’s Overlook.

-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:  Director Kimball reported that the WNV Task Force meeting was cancelled this month due to a lack of activity in the County; however, a press release was issued today announcing the confirmation of two WNV-positive birds in Novato.  Statewide, the most WNV activity is occurring in the interior valley areas where there are large numbers of dead birds and documented human cases.  The WMMCCC is scheduled to meet again on October 1, 2007; there is no new agreement yet with the Marin/Sonoma Mosquito & Vector Control District.

14.    Other Business

a.  Board Committee Reports

-- Finance:  Staff reported that the district’s auditors have scheduled their fieldwork for October 12, 2007.

-- Legal:  Nothing to report

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

-- Operations:  Nothing to report.

-- Park and Recreation:  Appointments to Mesa Park Board.  Staff reported that three applications have been received for the two available Mesa Park Board positions:  Jack Siedman, Robert Mowry and Dirk McCall.   Director Smith commented that the appointment process, which is coordinated with but run independently from the Bolinas-Stinson Union School District (“BCUSD”)’s appointment process, was confusing and he recommended a streamlining of the process; staff agreed to work with the school district’s staff to develop a less confusing process.

J. McClellan/D. Smith        all in favor    to appoint Jack Siedman to the joint BCPUD/BSUSD Mesa Park position and Robert Mowry to the BCPUD position.

-- Personnel:  Nothing to report.

-- Sewer:  Staff confirmed that Don Guravitch will be conducting eucalyptus containment work on the sewer pond property.

b.    Minutes of the August 15, 2007 Regular Meeting

Director Smith provided edits to the minutes relating to the Terrace Avenue/Alternative Access Road Committee report.

J. McClellan/B. Kimball    all in favor    to approve the minutes of the August 15, 2007 meeting, as amended by Director Smith.

c.    Warrants

J. McClellan/D. Smith    all in favor    to approve the warrant list.

5.    Public Hearing:  Complaint of Obstruction to the Public Right-of-way at 350 Fern Road, Bolinas (S. Simac)

    The Board returned to item 5, which had been deferred earlier in the meeting by the Board to the end of the agenda per the request of the complainant.  Director McClellan moved that the complaint be dismissed with prejudice; he noted all of the members of the audience had been patiently waiting for the agenda item to be called and the complainant still was not present.   Director Smith inquired whether anyone was present to support the complaint; all present indicated that they were not there to support the complaint.  Director Amoroso reported that he made a site visit to the area and does not agree that the right-of-way is obstructed; rather, vegetation has encroached in the right-of-way.  Al Hettich said there has never been a path on this section of Fern Road. 

J. McClellan/D.Smith    all in favor    to dismiss the complaint of obstruction with prejudice.

d.    Scheduling of Next Meeting(s)

October 17, 2007 at 7:30 p.m.

15.     Adjournment

9:50 p.m.