Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
February 18, 2004 270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Bertsch, McClellan, Siedman, Smith present
Director Bertsch presiding
3. Manager’s Report
Research on the use of Ultraviolet radiation as a means of reducing trihalomethanes
in the drinking water produced little in the way of municipal treatment
Staff will research the use of Ozone as an alternative to Activated Carbon
and report at the March meeting.
Directors received copies of the Association of California Water Agencies’
Guidelines for Conduct booklet.
The ACWA JPIA is offering a workshop on Workers Compensation issues February
25 at Soquel Creek Water District. There were no objections to closing
the office that day to permit staff to attend.
The Marin County Community Development Agency is seeking comment on the Notice
of Preparation and Initial Study for the Countywide Plan Update 2004.
This matter will be placed on the agenda of the March
meeting. Staff will request an extension of time to comment on the
Notice of Preparation because the draft Countywide Plan Update
was unavailable for review by the announced date.
4. Community Expression
David Kimball mentioned that the 32 acre cliff side property claimed to be
owned by Howard Sloane and Louis Smadbeck is still on the market. Realtor
David Smadbeck, suggesting that the matter will be referred to legal counsel
if there is no sale by April, 2004, reportedly told Kimball he wants to sell
the property to a land trust or someone who would preserve it as open space.
Bobbi Kimball distributed copies of a letter from Smadbeck’s attorney in
which she contends that the County Assessor has erroneously labeled the property
as County Open Space (C-OA) instead of Residential (R1:BD). The original
subdivision map indicates this parcel is Parkland, and in 1927, Arthur Smadbeck
quitclaimed all the land designated as Parkland to the Bolinas Property Owner’s
Association, with the understanding that title would pass to a municipal
corporation when such was formed. Today, BCPUD is that municipal
Robert Hunter stated that BCPUD is involved in certain issues, like the Class
1 Bikeway from the School to Mesa Road, and the Bolinas Lagoon Ecosystem
Restoration Project, but seemingly disinterested in others, such as the property
issue described in the foregoing paragraph. He asked what BCPUD’s policy
is. Director Siedman said the Board deals with such issues on an ad
hoc basis. If people present their concerns to the Board, it will do
what it can, jurisdictionally or policy-wise, to meet those concerns. Director
Amoroso explained that BCPUD is guided by the Bolinas Community Plan.
Director McClellan commented that the Plan is open to interpretation and
the Board needs to be careful about getting involved in issues over which
it has no jurisdiction simply because the Plan addresses those issues.
He cited downtown parking as one such issue, noting that the Board is divided
on whether it should be involved in this initiative.
Robert Hunter suggested that now is an ideal time, during the Countywide
Plan Update, to strengthen the Bolinas Community Plan. Hunter’s assertion
that the Community Plan hasn’t been updated in 20 years was challenged by
Amoroso, who cited the Gridded Mesa Plan’s adoption in 1985, and the amended
Circulation Element in 1996 as two significant changes to the original plan.
There was no expressed opposition to considering a further update to the
Plan. Director Siedman agreed with Hunter that now may be an opportune
time to seek clarification on the Smadbeck property, but Amoroso pointed
out that the County already considers the property Open Space so maybe it
should be left as is.
Cela O’Connor reported on the Weber Coastal Permit to remove the dikes on
his property adjacent to Bolinas Lagoon, and to construct a game fence that
O’Connor argued violates 100’ wetlands setback requirement. Tomales
Bay Association is suing the County and the Coastal Commission over the issuance
of the permit.
5. Coastal Permit Application (CP 04-12); Expanded Water Use Permit
Application: Salwen. 216 Ocean Parkway
Bobbi Kimball read a prepared statement to begin the discussion, reciting
the history of the property. She stated that the original neighborhood
concerns about the size and height of the proposed structure remain unaddressed.
She also said the project goes against the Gridded Mesa Plan’s prohibition,
in the bluff erosion zone, of an increase greater than 10% in the footprint
of the structure.
Robert Hunter complained about the permit process and he alleged the applicant
has disrespected her neighbors wishes. As an example, he mentioned
a request that the power lines be put underground to remove a utility pole
on Ocean Parkway from the neighbors’ view. Hunter also stated that
the proposed project is not for a replacement structure, but would be a completely
new house. He expressed concern that if this project is approved, and
the County is forced to change the zoning for the Smadbeck property, the
Local Coastal Program and the Bolinas Community Plan may as well be thrown
Director Smith stated that this is a development project, not a replacement
project, and that it goes against the Bolinas Community Plan.
Smith noted that no new construction is allowed on less than 10,000 square
feet, and that such requirement is separate from the maximum 10% increase
in floor area in the bluff erosion zone. He said the County should
track the cliff erosion as they are required to do by the Gridded Mesa Plan.
He also emphasized that the plan prohibits any development on substandard
Director McClellan indicated he would not support any rule that prohibits
a property owner from rebuilding a house destroyed by fire. Others
quickly clarified this issue with reassurances that the original structure
can be rebuilt, but it’s size cannot be increased. Kimball emphasized
that neighbors have been supportive of the applicant’s right to rebuild her
house. Smith stated the applicant should be allowed to rebuild the
structure that was there. He also recommended that water consumption
be limited to historical usage.
Director Siedman, noting that the Board needs to see what happens with the
Coastal Permit Application, commented that the project is not ripe for consideration
of the expanded water use permit yet.
Amoroso/Siedman all in favor
to forward the neighbors letters to County of Marin and to note that the
Board of Directors believes there is merit to the expressed concerns.
The letter will state that consideration of the Expanded Water Use Permit
application is being continued until the ultimate scope of the project is
more clearly defined.
When Marin County declares the applicant’s submittals are complete, there
will be a 10 day appeal period. The Designated Zoning Administrator’s
hearing usually comes within two weeks following that notification.
The applicant’s architect, Jack Byars, read a letter from the applicant listing
her concerns and feelings about the process to date. She wrote
that the neighbors opposed to the project are not interested in compromise.
She accused them of being manipulative, noting that they expanded their houses
with no objections from her.
6. National Park Service: General Management Plan Update for
Point Reyes National Seashore and the north District of Golden Gate National
Recreation Area; review of analysis of NPS appraisal of AP# 188-090-14 (Pine
Gulch Creek property); legal opinion re easement issue
Cela O’Connor reported on the most recent public meeting concerning the General
Management Plan Update. She indicated strong sentiment at the meeting
for preserving agriculture within the park. Asserting that Park management
would like to see the ranches disappear, O’Connor stated that the official
emphasis is on wildlife, not agriculture.
In its Concepts newsletter, the Park listed 5 alternatives for the management
plan. O’Connor indicated she wants an additional alternative, Concept
6, to be considered during the environmental review process, so that long-term
agriculture in the park is viable. She handed out copies of a letter
from MarinWatch to the National Park Service, urging consideration of Concept
Tony Lewis, noting that he is not as enamored of agriculture as O’Connor,
expressed a preference for Concept 2.
Siedman/Amoroso all in favor
to send a comment letter to the Park, echoing the MarinWatch letter.
The Board reviewed Norman Orr’s letter regarding the Park Service appraisal
of BCPUD’s Pine Gulch Creek property, expressing disappointment in the letter’s
paucity of new information, but stressing the importance of retaining Orr’s
expertise during the negotiating process.
The Legal Committee offered to seek a legal opinion on the easement issue
associated with the property. Director Siedman noted that obtaining
a favorable legal opinion regarding access should be enough to convince the
Park to re-appraise the property.
Amoroso/Siedman all in favor
to seek a legal opinion, for a not-to-exceed cost of $5,000.
Continued to the March meeting.
7. Resolution 499, Accepting Completion of the 270 Elm Road Painting
Amoroso/McClellan all in favor
to pass and adopt Resolution 499.
8. Resolution 500, Amending Resolution 498 Establishing A Connection
Charge For New Sewer Hookups; Stating Exceptions To The Sewer Moratorium
Established By Resolution 259.
in favor to pass and adopt Resolution
Director Amoroso stated that he wants it understood that BCPUD will restrict
water use to the Bolinas Fire Protection District property at 100 Mesa Road
as a way to make sure the District can comply with the language of Resolution
500 regarding operating the facility in compliance with RWQCB’s Waste Discharge
Director Smith suggested, if compliance with the Waste Discharge Requirements
becomes a problem, BCPUD might begin notifying the heaviest users that they
must reduce consumption.
Staff will submit a brief article to the Hearsay explaining that this resolution
makes it possible for the firehouse/medical clinic project to proceed according
to design. Without a sewer connection, BFPD may need the clinic space
for its onsite waste disposal system.
9. Olema-Bolinas Road Bicycle/Pedestrian Path: letter
of support to Marin County DPW
Public Works Engineer Jack Baker has requested a letter supporting the path,
to be used in grant solicitations. Previously available funding
has been re-allocated to other projects.
in favor to send a letter
10. Governor Schwarzenegger’s Tax Shift: proposed
BCPUD letters to Governor, Senator John Burton, Assembly Member Joe Nation
The Governor’s budget proposal would increase the tax shift instituted in
the early 1990’s. Financial impact on BCPUD would be approximately
$4,500 per year.
Sideman/McClellan all in favor
to send letters opposing the Governor’s tax shift to Senator Burton, Assembly
member Nation and to Governor Schwarzenegger.
11. Other Business
a. Committee Reports
-- Downtown Parking and Traffic:
Directors received copies of the January 7, 2004 minutes. The February meeting
examined the concept of shared enforcement. It may be easier to contract
with County of Marin than to form a separate district. Next meeting
is scheduled for March 10.
-- Mesa Septic, Flood Control and Roads:
The depth of the Evergreen water main has been determined, and it may lie
at the elevation needed for the culvert. The pilot project committee
will clean out the existing culvert to see if that improves the flow, and
a group of volunteers plan to dig out the Grove Road section of the drainage
way. The committee will not go forward with the culvert replacement
until it has had a chance to gauge the effects of these two changes.
Director Amoroso reported on the February 11 Septic Social, held at the Bolinas
School. This first in a 3 part series is a public outreach effort sponsored
by Environmental Health and conducted by an independent septic consultant,
Kit Rosefield. Amoroso noted that he was the only BCPUD Director there.
He said Rosefield covered the basics and that he had interesting things to
say about politics, also. The State’s minimum-standards legislation,
AB885, is now law but nobody knows quite what to do with it.
Amoroso stated that Rosefield indicated ultimately there will be mandatory
inspections. The next social will be March 1 at 7 p.m. at the school.
Amoroso urged the committee to seek grant funding for the drainage plan.
Director Bertsch stated that the committee needs to complete the pilot project
first, demonstrating with a test area that good drainage works. She
recommended developing a clear plan before submitting grant applications.
-- Park and Recreation:
Directors received copies of the December 8, 2003 Mesa Park minutes.
Director Siedman mentioned that letters from Senator Burton, Assembly member
Nation and Supervisor Kinsey, to RWQCB, regarding the reclamation project
may be helping to move the process forward. BCPUD must get the reclamation
permit in order to qualify for the State grant. Mesa Park’s engineer,
HydroScience, is investigating the feasibility of the BCPUD lab, and BCPUD
personnel, obtaining the necessary certification to do the coliform testing.
-- Personnel: update on hiring process
for administrative assistant
There are 8 applicants to date. Manager Buchanan recommended waiting
until the first week in March to begin the process of reviewing the applications
and deciding on the applicants to invite for an interview. Director
Bertsch indicated she will be out of the District from April 12 to May 12.
Buchanan will schedule the committee work so that a personnel committee recommendation
is ready to present to the Board for action by the April meeting.
-- Sewer: Resource Recovery Project;
Community Paths Group
Directors received copies of the Resource Recovery Project financial report
Director Smith reported on the status of the path initiative and the work
of the consultant who’s investigating alternative layouts..
b. Minutes of January 21, 2004 Meeting
Siedman/Smith all in favor
to approve the January 21, 2004 minutes as amended.
McClellan/Smith to approve
d. Scheduling of Next Meeting(s)
March 17, 2004