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 Applications: Moritz 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 Application: Crane
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.