Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors

March 17, 2004     270 Elm Road, Bolinas
1.    Call to Order: 7:30 p.m.

2.    Roll

     Directors Amoroso, Bertsch, McClellan, Siedman, Smith   present. Director Bertsch presiding.

3.  Manager’s Report

    The Board received a list of building maintenance recommendations, compiled by Jim Vest while completing the 270 Elm painting project.  The recommendations include repair of the sidewalks and foundation, installation of new light fixtures, gutters and downspouts, and drainage improvements.

Staff reported on continuing research into means of complying with the new federal standards for disinfection byproducts, including trihalomethanes and halo acetic acids.  Ozonation can be extremely effective in treating water low in naturally occurring bromides, but it is expensive, and does not totally eliminate the need for chlorine.   A granular activated carbon filter, placed between the micro filters and the chlorination point is reputedly effective, for about one fourth the cost of ozone.

Director Siedman will attend a May 2 legal seminar on easements. 

    The spring issue of BCPUD Pipeline will include the 2003 Consumer Confidence Report (CCR).  By law, the CCR must be distributed to all District customers by July 1.   Staff requested that Directors make any suggestions for additions or deletions by March 22.

    The Board had no objections to sending a draft letter to the Marin County Community Development Agency regarding Coastal Permit Application 04-31, indicating that the applicant, Robert Hawks, will need to apply for an expanded water use permit if his project requires the issuance of a building and/or use permit.  The project location is 165 Nymph Road.   The Coastal Permit Application transmittal arrived too late for inclusion on the published agenda, and the deadline for comment falls before the next regular meeting.

    The Board had no objections to sending a draft letter to the Marin County Community Development Agency regarding Coastal Permit Application 04-35, indicating that the applicant, Gary Yost, will need to apply for an expanded water use permit if his project requires the issuance of a building and/or use permit.  The letter will note that the Board is required to consider the impact of permit approval on the new septic system and will request a copy of the system plans. The project location is 150 Aspen Road.   The Coastal Permit Application transmittal arrived too late for inclusion on the published agenda, and the deadline for comment falls before the next regular meeting.

    The Board viewed a photograph of recent signs of subsidence on Terrace Avenue, near the intersection with Overlook.  There are cracks in the asphalt suggestive of earth movement.  The largest crack is on the opposite side of the street from the water main, but diagonal cracks have moved further into the roadbed, near the pipeline.

    The Terrace Avenue line serves all of downtown, the Little Mesa, Marin Way, Ocean and Canyon.   The District needs a contingency plan for restoration of service.  Staff recommended asking engineer Jim Teter to make a site visit, meet with staff, review existing records, and devise a plan of action.  While Teter is here, he can also look at three other project sites:  the Pine Gulch Bridge layout, where earth movement has caused 3 outages this year; and Dogwood and Evergreen Roads, at Larch, where the pipelines need to be lowered to permit completion of the pilot drainage project. 

    Amoroso/Siedman all in favor to put this item on the agenda as an urgent matter.

3a. Slippage on Terrace Avenue
     Amoroso/Siedman to hire Jim Teter on an hourly basis to provide:  1) plans and    specifications for restoration of water service to the downtown area if the Terrace Avenue line should fail; 2) plans and specifications for the Olema-Bolinas Road pipeline at Pine Gulch Creek bridge, if necessary; and 3) plans and specifications for lowering the 10” line on Evergreen and the 4” line on Dogwood.    The motion authorized the General Manager to approve costs for the work.

There were no objections to Director Amoroso’s suggestion that staff write a letter to Marin County Department of Public Works, with a copy to Supervisor Kinsey, stating that any consideration by the County of abandoning Terrace because of the difficulty and cost of stabilization needs to be balanced by creating an alternate route.  The letter will point out that this is not a problem for the water distribution system only; the loss of Terrace Avenue will be a major issue for the town.

  General Manager Buchanan asked if Board members would consider moving the July regular meeting to the second Wednesday, to accommodate tentative vacation plans. There were no objections to making July 14 the date of the meeting.

4.  Community Expression

BCPUD community liaison Stacey Henderson reported briefly on her first meeting as the District’s representative to the West Nile Virus Task Force.  There were no objections to reimbursing Henderson for $12 in costs for attending a related meeting.

Cela O’Connor reported on the March 15 meeting concerning the Bolinas Lagoon Restoration Project.  She mentioned the possibility that plans are in the works for placement of 4,000 tons of new riprap at Seadrift.

5.  Notice of Preparation – Marin Countywide Plan Update 2004; request for information to provide services based on the draft Countywide Plan Preferred Alternative Build out Projections

    Director Smith presented the members with a written report containing excerpts from the Countywide Plan Update 2004 (CWP) accompanied by Smith’s comments.  The other members expressed appreciation for his efforts.  Smith called attention to the trail map, connecting Olema-Bolinas Road to the seashore.  He noted that it is not for bicycles.  
    In the ensuing discussion, a number of other points and observations were made, including:  second units and their affordability will be an issue; at this point, the plan continues to mandate funding for fence construction in riparian areas; the areas of research called for in waste disposal and community systems could present an opportunity for a carefully monitored demonstration drainage project; the plan appears to limit repairs that can be made to seawalls; and, a west Marin solid waste transfer station is envisioned.

    David Kimball commented that the updated Local Coastal Program (LCP) is not ready to dovetail with the CWP.  Kimball expressed skepticism about the Community Development Agency’s (CDA) ability to complete these parallel efforts at the same time.  He suggested that the County has taken on a large and complex task given their limited resources.  Kimball urged the Board to send a letter strongly opposing any revision to the LCP without a heavily advertised process of public participation.

    Siedman/McClellan all in favor to send staff’s draft letter to CDA Planner Michelle Rodriguez regarding provision of BCPUD services.

6.  Coastal Permit 00-14, Design Review 00-28, Use Permit    00-27 ApplicationsMoritz project location:  5675 Horseshoe Hill Road

    Director Smith suggested that County of Marin needs to address the issue of the ranch’s grazing impacts on Pine Gulch Creek.   Tony Lewis said that the Environmental Action Committee has sent County of Marin a letter urging a more aggressive program of protective riparian fencing.  Cela O’Connor reminded those present that the Coastal Permit Application is not yet complete, and there will be other opportunities to comment on the merits of the project.

7.  Road Maintenance Permit ApplicationCrane
    Project Location:  Laurel Road at Elm Road

    The applicant proposes to install a culvert, per Mesa Drainage Plan specifications, under Laurel Road, at the intersection with Elm Road.     

Amoroso/Siedman  all in favor  to approve the road maintenance permit. 

8.  Resolution 501, Supporting The Local Taxpayer And Public Safety Protection Act

    The act, if approved by the voters, would help protect local agencies’ share of the basic property tax from being confiscated by the State.  It would also require the State to reimburse local agencies for the costs associated with State-mandated programs.

    Siedman/Amoroso all in favor to approve Resolution 501.

9.    Pine Gulch Creek property (AP# 188-090-14): legal
       opinion re: easement issue

Director Siedman reported that attorney Lawrence Baskin has developed a preliminary opinion.  Taking all relevant documents into account, it is clear that the intention of the parties to the 1979 settlement agreement was to permit access to the property for the purpose of constructing a single family dwelling.  Baskin is searching for an on-point case.  Siedman reminded the Board that the District doesn’t have to reform the deed.  BCPUD only needs to know it’s possible to cure the apparent defect in order to ask the National Park Service (NPS) to re-appraise the property.  Baskin will be sending the District an opinion letter.  There is no need to wait for the April meeting.  Staff will distribute the letter to all Directors.  If there are no objections to the content of the letter, it will be sent to NPS.

10.    Ownership of Bluff Property Being Marketed by Marchant Chapman (David Smadbeck)

    Director Smith located a deed in the Marin County Recorder’s office that indicates the District owns the property. 

     Amoroso/Siedman all in favor to send a letter to Mr. Smadbeck, informing him of the existence of the deed, and enclosing a copy of the deed.

11.  Consideration of Tree Removal at Poplar and Cedar

    A property owner has contacted BCPUD about the removal of the trees.  John Bryant has proposed a public-private joint effort.  He is working on cost estimates and will put his proposal in a letter to the District.  This item will be continued to the May meeting.

    Director Amoroso urged the Board to develop a policy regarding the removal of standing trees within the District’s right of way.  He emphasized the need to deal with all such projects consistently.  Amoroso asked that the policy issue be put on the agenda of the April meeting, as well as a discussion of the need for a Mesa-wide hazardous tree assessment.

    Director McClellan stated that the Board should budget $20,000 per year, beginning with 2004-05, to remove hazardous trees.

12.  Potential Bolinas Parking Impacts of National Park Service General Management Plan Update

    In response to a preliminary proposal to increase bussing of visitors to Muir Beach, Stinson Beach and the Golden Gate National Recreation Area, with a corresponding reduction in parking facilities, a Marin County Citizen’s Advisory Committee for Parking and Circulation in southwestern Marin was formed.  The shuttle bus/parking reduction concept has since been deleted from the update, but the advisory committee will continue to study parking and circulation issues. 

    Director Amoroso requested that a letter be sent to Supervisor Kinsey, asking for a seat on the advisory committee and noting that BCPUD has its own committee dealing with these issues, and potential impacts from National Park access is a concern.

    Siedman/Amoroso all in favor to send letter.

13.  Other Business

a.  Committee Reports

      -- Alternative Energy:

    Alternative energy consultant Bob Gold described the availability of a mill that is better
    sized for net metering at the Woodrat treatment plant.  Gold suggested moving the anemometer across Mesa Road, up on the hill behind the treatment plant.  Committee member Tom Williard volunteered to collate the data collected to date. 
      -- Downtown Parking and Traffic:  2/10 minutes; legal summary

The Board received the February 10 minutes and a summary of legal issues prepared by committee member Jennifer Blackman.  Director Bertsch indicated the committee has decided to publish the minutes in the Hearsay News.

Director Amoroso urged the committee to develop their proposal as quickly as possible, in order to meet with County officials and discuss specifically the extent to which Marin County is willing to participate.  While mentioning that BCPUD may have the authority to create and administer a Parking District, Amoroso argued that it is better for BCPUD to contract with County of Marin for the actual work of parking control.  He suggested that the work could be done by County employees, or by local people, possibly under BCPUD supervision.  Amoroso reported that Stinson Beach is considering a similar approach, so it might work to combine forces with them. 

-- Finance:  proposed schedule leading to 2004-05 budget adoption

April 5 is the date of the first Finance Committee meeting.  The public hearing will be June 16, and budget adoption is set for July 14.
          -- Legal:

The Martinelli litigation concerning closure of the West Marin Sanitary Landfill is continuing to wend its way through the court. Director Siedman, legal committee member, will talk to District counsel Hadden Roth regarding a motion for summary judgment.

Director Amoroso mentioned a humorous article in the Hearsay News, ostensibly written by a judge, suggesting how to implement Measure G, the socially acknowledged nature loving town measure, approved by voters in November 2003.

    -- Mesa Septic: Flood Control and Roads:  Pilot Project update

Director Bertsch gave a status report on the pilot project.  A blockage in the drainage way at Grove Road has been cleared by volunteers.  Both the Evergreen and Dogwood water mains need to be relocated to allow for culvert installation at the correct elevation.  In the meantime, the Dogwood culvert was crushed on one end, creating a traffic hazard.  The BCPUD crew filled the hole with road base but water is now dammed up east of Dogwood.  The ad hoc committee will proceed to do a temporary culvert replacement at Dogwood, and they will hire Roto-Rooter to clean the culverts at Evergreen and Hawthorne.

Bertsch commented on the work being done adjacent to Alder Creek, west of Hawthorne.   A formerly untouched riparian area is now being opened up for use by the property owner.  There was no clear idea what, if anything, should be done.

Bertsch commented that she has had second thoughts about BCPUD’s approval of the new culvert under Larch at Evergreen.  The water draining under the road and onto Nancy Condy’s property looks nasty.  The property owner who paid for the work has agreed to test the water. 

Director McClellan described a proposed project on Dogwood between Poplar and Mesa.  For simplicity’s sake, the work will be done on the east side of the road only.  Culverts will be replaced as necessary to meet the drainage plan specifications.  McClellan indicated that the proposal could become a useful demonstration project for other neighborhoods.

-- Park and Recreation:  RWQCB requirements for water reclamation permit

Region has assigned Mesa Park’s proposed reclamation project to staff member Richard Condit. 

      -- Personnel:  administrative assistant hiring process

Interviews with selected applicants will be conducted on March 25.  If the committee is able to reach consensus on a hiring recommendation, and there are no objections by other Board members, the new employee could begin work before the April meeting.

-- Sewer:  Resource Recovery Project; Community Paths Group

    The Board received the February Resource Recovery financial statement.
The next meeting of the Community Paths Group will be March 22.   It will be a Special Meeting of the Board.
b.  Minutes of February 18, 2004 Meeting

Siedman/Smith all in favorto approve the February 18, 2004 minutes.

c.  Warrants

Siedman/Smith  all in favor to approve the warrants.

d.  Scheduling of Next Meeting

April 21, 2004.  Director Bertsch will be absent.  Director Siedman will preside.

14.  Adjournment

11 p.m.