Bolinas Community Public Utility District
A Regular Meeting Of
The Board Of Directors
August 16, 2006 270 Elm Road, Bolinas
1. Call to Order
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
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
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
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
-- 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
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
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
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
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
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
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.
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.