Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
May 18, 2005 270 Elm Road, Bolinas
1. Call to Order: 8:00 p.m.
2. Roll / Announcement Re Closed Session
Directors Amoroso, Kimball, McClellan, Siedman, Smith present.
Director Siedman presiding.
Director Siedman announced that the public meeting was preceded by a closed
session to discuss personnel matters and that no action was taken.
3. Manager’s Report
The water distribution system underground vault at the corner of Mesa and
Olema-Bolinas Roads needs immediate attention. Badly deteriorated piping
must be replaced where it passes through the vault; a key pressure regulator
should be overhauled or replaced, and a gate valve needs to be installed
for the fire hydrant on the corner. In addition, obsolete equipment
must be removed and the vault filled with gravel to permit safe maintenance
access. Wildcat Construction has submitted an estimate for the work,
and two additional bids are being sought. This Item will be continued
until the June meeting, when staff will seek authorization to proceed with
the work on an emergency basis.
A report prepared by Noble Consultants, Inc. regarding recent work on the
Seadrift revetment is available through the Coastal Commission. Accompanying
photographs are not available, but may be obtained through Seadrift Association
or Noble. There were no objections to staff requesting a copy
of the report and paying the $2.43 required by the Commission for copying
BCPUD received Coastal Permit and Use Permit applications, too late for inclusion
on the agenda, with a comment deadline of May 26. The project
involves legalizing an existing detached garage on the Little Mesa.
Staff has written Marin County Community Development Agency that the project
will require application for an Expanded Water Use Permit. After
reviewing the project plans, the Board had no further comment.
A fire last weekend in the pampas grass at the end of Brighton, on property
owned by BCPUD, was contained by Bolinas Fire Protection District personnel
without damage to the adjacent property. Under different wind and moisture
conditions, it could have been a very serious incident.
Staff recommended removal of the vegetation. There were no objections.
Chief Operator Bill Pierce will attend an American Water Works Association
demonstration in June of new technology available for the Woodrat Water Treatment
Plant. A retrofit of the backwash systems, designed to run at much
lower pressure, thereby lengthening the maintenance cycle, will be demonstrated,
as well as the latest control panels and filter units.
Director Amoroso requested that the Sewage Treatment Facility’s Eucalyptus
Containment Project be placed on the agenda of the June 15 meeting
4. Community Expression
David Kimball and Bob Hunter apprised the Board of a concern regarding the
Kidson property. David and Bob reported that Mr. Kidson evidently was
issued a permit by the County to conduct a perc test on the property and
that the test may occur as early as this weekend. David suggested
that the Board may want to write a letter to Brian Crawford at the Planning
Department to inquire why the County would issue a perc testing permit for
a property that cannot legally be developed. Bob Hunter pointed out
that the recent decision by County with regard to the Salwen property (e.g.,
rejecting the application to rebuild a destroyed structure in the bluff erosion
zone because the proposed plans were inconsistent with the Bolinas Community
Plan) could be cited in the letter. The Board directed staff to draft
a letter to Mr. Crawford with a cc to Phil Smith in the County’s Environmental
Health Service. David Kimball agreed to provide the Board with supporting
documentation as to the applicable legal prohibitions on building on the
Cela O’Connor expressed a concern that an agreement regarding the Moritz
easement seems to prohibit grazing within only 30 feet of the Pine Gulch
Creek bank. Cela urged the Board to support a 100 foot grazing
setback from the creek bank..
5. Volunteer Committee Reports
-- Alternative Energy: Nothing to report.
-- Beach: status report; recommendation re OTD acceptance
Magi apprised the Board that David Kimball has joined the Beach Committee;
David has been diligently attending the committee meetings and has made many
valuable contributions. Magi presented the Board with an informational
report prepared by the Beach Committee and recommended that it be widely
distributed within the community—the report will be formally released next
Thursday and the Beach Committee would like to schedule a town meeting to
discuss the report. Director Amoroso expressed concerns regarding certain
of the recommendations set forth in the Committee report—particularly the
recommendation to seek regular sheriff patrols on the beach. Director
Amoroso stated that the sheriff should respond to specific complaints, not
conduct regular beach patrols. Magi emphasized that the report was
intended to be informational only; the issues identified are not recommendations
per se, but rather concerns or ideas raised by the Committee members.
Magi stated that the Committee members did not agree on all issues and that
the report seeks to reflect all points of view. As such, Magi said
that with regard to sheriff patrols, the report merely indicates that some
of the Committee members would like to see regular sheriff patrols of the
Director Smith suggested that a notice be placed in the Hearsay informing
the community that the Beach Committee report is available at the BCPUD office.
Director Smith also suggested that the Committee publicize a meeting to be
scheduled in approximately one month.
Director Amoroso stated that the report should state that the Board of Supervisors
has already approved a year-round ban on weekend camping so that the community
is aware of this action. Magi agreed to include this in the report.
Director McClellan offered the view that a regular police presence might
have a beneficial effect on the beach situation and, in fact, may be the
single most effective thing the community could do to deter undesirable activity
at the beach.
Magi told the Board that the Committee has developed 16 legal questions that
it feels should be addressed by County counsel or other appropriate attorney.
Director Kimball suggested that Directors Siedman and McClellan, as the Board’s
Legal Committee, review the questions before they are forwarded to legal
counsel. Cela O’Connor stated that the questions should be forwarded
to the Coastal Commission, as well.
Director Kimball also suggested that invitations to the town meeting (along
with copies of the Committee report) be extended to the Fire Board, the Community
Center board and the Rod and Boat Club. She further suggested that
the Hearsay and the Point Reyes Light be provided with copies of the report
and encouraged to publish it—perhaps in sections.
Director Amoroso noted that the Committee report states that the camping
ban extends 1200’ westerly of Brighton Ave, but he believes that the ban
approved in the original coastal permit extends only 500’ westerly.
He indicated that he would look into this.
Magi stated that he would provide an updated version of the report to the
General Manager and that he would provide it to the Hearsay for publication.
-- Community Paths Group: Director Smith reported that the Committee
will know the response to its $40,000 grant application to the Transportation
Authority of Marin in July, which is in time to submit a potential ballot
measure before the August deadline for the November election.
-- Downtown Parking and Traffic: Nothing to report.
-- Mesa Drainage: This report was moved to Item 6 on the agenda.
-- Mosquito and Vector Control Committee:
Liza Goldblatt presented the Board with the Committee’s final draft recommendations;
she also thanked the Board for its support and for appointing the Committee
in January to work with Marin Sonoma Mosquito & Vector Control District
(M&VCD) to establish protocols appropriate to West Marin.
Liza reported that the Committee had held three meetings since its appointment,
including one with Jim Wanderscheid, to draft the proposed protocols.
In summary, the Committee recommends emphasizing education (e.g., informing
the community about the mosquito and its disease-carrying potential), prevention
(e.g., physical source reduction steps such as eliminating standing water,
sealing septic tanks, improving drainage), with the use of biological treatments
(BT’s) as a last resort. The Committee further recommends that the
use of any chemical pesticides be eliminated in the District.
Director Kimball noted that the Committee further recommends sharing its
protocols, if and when approved by the Board, with other jurisdictions in
Liza Goldblatt requested that the Board write a letter to the M&VCD strongly
urging it to mail out flyers about mosquito prevention as part of its ongoing
public education campaign.
Amoroso/Kimball all in favor to
accept the Committee’s draft recommendations, to support the formation of
a West Main Advisory Committee to advise and work with the M&VCD in an
ongoing relationship, and to write letter to the M&VCD encouraging it
to send out the mosquito prevention flyers as soon as possible.
The Directors further agreed to make the Committee’s draft final recommendations
available for public comment and to place the recommendations on the June
15th BCPUD meeting agenda for approval. The Board directed
staff to put a notice in the Hearsay to publicize the availability of the
draft recommendations and solicit public comment; any public comment
should be directed to Liza Goldblatt with a deadline of June 3rd.
Once the recommendations have been finalized and approved by the Board, the
Committee will outreach to other jurisdictions in West Marin to present the
report and explore interest in the formation of a West Marin Advisory Committee.
Matt Lewis stated that the Committee report did not appear to say anything
new and noted that the West Nile Task Force already had made many of the
same recommendations. He suggested that a lot of time had been wasted
in meetings since January which may have been better spent on public outreach
Howard Dillon inquired as to who the ultimate authority is with regard to
mosquito control; he noted that the M&VCD, the County and the state each
seem to believe that it is the ultimate authority. He asked if
it is possible to definitively ban the use of all pesticides in West Marin
and was told that it is not as such use may some day be necessary to abate
a public health emergency.
Director Smith commented that the Committee’s ability to persuade the M&VCD
to agree not to use metheprene in West Marin is a huge accomplishment.
He further commented that the community seems to have achieved the majority
of its goals: local control over the M&VCD activities in West Marin
and a cleaner environment. Director Smith congratulated the Committee
on its efforts.
Liza Goldblatt recommended that the BCPUD send a letter of appreciation to
Jim Wanderscheid, once the Committee recommendations have been approved and
-- Resource Recovery:
The Board received the April financial report.
-- West Nile Virus Task Force:
Stacey Henderson updated the Board on the status of West Nile Virus, noting
that California is the center of virus activity. Stacey observed that,
fortunately, no dead birds have been reported in Marin County yet this year.
Stacey attended a meeting in Point Reyes Station last week with various virus
experts and authorities, including Marin County Public Health Officer Fred
Schwartz, to discuss implementation of an effective virus prevention program.
Director Smith said that he thinks it is very important to get the word out
to the community that vent screens should be installed and maintained.
He said that the only reliable screening method is a bronze screen folded
into a cone.
Matt Lewis commented that there should be more emphasis and awareness of
the potential impact of WNV on wildlife in West Marin, including but not
limited to bird life.
6. Mesa Drainage: staffing; budget; timeline; indemnification
Matt Lewis reported on the Drainage Committee’s progress (deferred from Item
5). There is a possibility of funding from County of Marin, and technical
assistance from the Mosquito and Vector Control District. Matt is in
the process of designing the bridges the Committee is proposing for certain
sections of road in the Pilot Project (in lieu of lowering existing culverts).
Matt spoke with Bob Beaumont, Chief Assistant Director of the Marin County
Public Works Department, about the County’s drainage improvement work on
Overlook and the need to coordinate these efforts with those of the Drainage
Committee. Matt noted that DPW currently is understaffed and
its resources are stretched quite thin.
Matt reported on the drainage work that has been done by the Committee on
the Larch easement from Overlook to Aspen, from Aspen to Evergreen, and from
Evergreen to Hawthorne, which are three separate but interrelated parts of
the Pilot Project. Matt said that the Committee is somewhat limited
in what they can do for now, as far as ditching goes, but that certain sections
can be mowed; he noted that the Committee cannot excavate without a permit.
The Committee most recently cleared 100’ of Alder Creek upstream from Kale
Road. Another work day was scheduled for May 28th at 10:00 a.m.
McClellan/Smith to approve the draft indemnification agreement requested
by Al Hettich. Motion withdrawn. Director
Kimball recommended that the Legal Committee review the draft indemnification
agreement. Director Amoroso said he wanted to be sure that the agreement
does not expose the BCPUD to any liability to which it otherwise would not
be exposed. The Board directed the General Manager to forward the draft
agreement to the ACWA JPIA for its review and comment and to place this item
on the agenda for the June meeting.
Matt Lewis agreed to provide a “punch list”, including a timeline and budget,
for the tasks outstanding on the Pilot Project for the BCPUD’s June meeting.
Director Kimball observed that drainage work necessary on the Mesa is beyond
what can reasonably be expected of a volunteer community committee and that
a master plan, project management and oversight is required. She suggested
that a dedicated staff member is necessary to work with the Committee, contractors
and others to get the drainage work done. This likely would require
the approval of the community and therefore may need to be the subject of
a ballot measure.
Director Siedman noted that Kent Khtikian was present and wanted to raise
an issue that he otherwise would have raised during Item 4, but he was unable
to attend the meeting at that time. Kent asked the Board to lobby the
local congressional representatives to appropriate the funds necessary to
clean up the boat wreck that occurred on Duxbury Reef the prior weekend.
He asked the Board to write a letter to Representative Woolsey, with courtesy
copies to Senators Boxer and Feinstein, requesting sufficient funds to have
the boat air-lifted off the reef and for debris boxes to be placed on the
beach for disposal of the boat’s garbage and debris. The Board
agreed to send a letter; Kent said that he would e-mail a draft letter
to staff so that it could be issued the next day.
7. Firehouse / Medical Clinic Project: approval of sewer lift
station plans and specifications; solar electric utility financing
Smith/Kimball all in favor to authorize the
General Manager to sign off on the sewer lift station plans and specifications.
Director Smith argued that the BCPUD should loan money from the District’s
reserves at a reasonable interest rate to the Firehouse/Medical Clinic Project
to help finance a solar panel array on new firehouse. He proposed a
ten-year loan of $56,000 and suggested that the Board consider a similar
loan for the downtown garage project. Director Siedman suggested that
the Firehouse/Medical Clinic Project come to the BCPUD with a proposal.
8. Policy Re Publication of Board of Directors Meeting Minutes
Matt Lewis acknowledged that he has been advised that the BCPUD operates
under different guidelines with respect to the conduct of its meetings that
the Bolinas Stinson Unified School District and he apologized for previously
asserting otherwise. Director Amoroso stated that he favors making
draft Board minutes available to the public at the beginning of the next
regularly scheduled Board meeting.
9. BCPUD’s Pine Gulch Creek Property: access easement – DPW letter
After some discussion, the Board directed the Legal Committee to call Michael
Moritz about the BCPUD’s intention to seek a reformation of the access easement
on the Pine Gulch Creek property. The Committee was further directed
to explore with Mr. Moritz whether he would be interested in purchasing only
the eastern portion of the property, with the western portion to be sold
to the NPS. This Item was continued to the June 15th agenda.
10. Solid Waste: Waste Management / Operating Engineers Union
Union representative Ken Oku was present at Director Smith’s invitation to
apprise the Board of the status of contract negotiations with Waste Management.
He stated that Waste Management was using classic union-busting tactics
despite the fact that a majority of the workers support the union;
the workers have been trying to get a contract in place for the past year
and half. After some discussion, the Board agreed to send a letter
to both the union and Waste Management urging them to reach an agreement
over the contract terms; the letter will note that the Bolinas community
has a favorable opinion of Waste Management because of the employees that
work here and both sides should resolve this distracting dispute.
Director Smith offered to draft a letter and circulate it to the other Board
members for review and comment.
11. Emergency Tree Work: Poplar/Cedar; Alder/Ocean Parkway; Fern
and Evergreen near Larch
McClellan/Kimball all in favor
to contribute $12,320 to the Cedar/Poplar tree removal project, subject to
the condition that the affected property owner’s tenant, Scott Dunn, contracts
directly for the work; the BCPUD will simply make the financial contribution.
Staff will seek a qualified forester to prioritize the existing tree removal
requests in the unpaved road rights-of-way on the basis of the hazards posed
by each situation..
12. Mobile Radio Upgrade Proposal
Smith/Kimball 4 ayes 1 abstention (Amoroso) to approve
the mobile radio upgrade proposal.
13. Other Business
a. Board Committee Reports
-- Finance: 3rd Quarter Financial Report; bookkeeping
Staff will confer with Director Amoroso on revisions to the draft budget
to reflect the unanticipated revenue from reimbursement of excess payments
to the Educational Revenue Augmentation Fund. The revised draft will
also show a carryover of the 49 Terrace sewer connection fee paid during
the current fiscal year. On the expenditure side, figures will be revised
to reflect potential increases in the cost of employee services consistent
with the Board’s MOU counterproposal, and additional funding for hazardous
The District’s bookkeeper has given notice, effective with the conclusion
of 3rd quarter work, that she is terminating her services to BCPUD, n order
to accept a full-time position with another client. Fourth quarter
bookkeeping, and preparation for the 2004-05 audit will be handled by staff
in consultation with Bunker and Company, CPAs.
-- Legal: Nothing to report.
-- Mesa Septic, Flood Control and Roads:
Staff will check a reported pothole on Hawthorne Avenue.
-- Operations: Nothing to report.
-- Park and Recreation:
The firehouse/medical clinic project needs an easement
across Mesa Park property adjacent to the soccer field to provide the County-required
setback for the sewage lift station and force main. The easement
would remain open space and there would no underground utilities within the
easement. Director Amoroso stated that he would want BCPUD to receive
payment for the easement, based on fair market value. Director
Siedman will relay this information to the project manager
-- Personnel: management transition update; interim staffing
The Board approved a staff proposal for extra pay in compensation
for the additional hours being worked on administrative matters during the
Administrative Assistant’s leave of absence.
-- Sewer: Nothing to report.
b. Minutes of April 20, 2005 Meeting
Smith/Kimball all in favor
to approve the minutes as amended.
Amoroso/Smith all in favor
to approve the warrants.
d. Scheduling of Next Meeting(s)
June 15, 2005 at 8:00 p.m. Director Siedman will be absent.