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

April 21, 2004      270 Elm Road, Bolinas     

1.  Call to Order:                  

8:00 p.m.

2.  Roll

    Directors Amoroso, McClellan, Siedman and Smith present
    Director Bertsch absent
    Director Siedman presiding

Director Siedman opened the meeting by requesting a moment of silence in memory of BCPUD employee Jill Whitcroft, who died April 5, 2004 after a lengthy illness.

3.  Manager’s Report

    Board members received copies of the March 15 minutes of Marin County’s West Nile Virus
    Task Force.

Einar Asbo, member of the Board of Directors of Homestead Valley Sanitary District, has been elected as one of two Special District Representatives to LAFCO.   
Director Amoroso asked if Brighton Gate is being exercised and lubricated regularly.  The maintenance department will be reminded to continue to make this a regular weekly task.

Director Amoroso suggested staff talk to Sewerage Treatment Plant Operator Kate Currey and/or arborist Don Guravich regarding the status of the Eucalyptus Containment Project, and any further work that needs to be done.
4.  Community Expression

Tony Lewis suggested BCPUD put its Pine Gulch Creek property on the market.  Director Siedman informed Lewis that the Board is waiting for the National Park Service to respond to the Krause & Baskin legal opinion regarding the easement issue and the District’s request for a re-appraisal of the property.

Bobbi Kimball reported on the Marin Countywide Plan Update process.  She spoke of an excellent presentation during the hearing on the Natural Systems Element regarding sustainability.   The Bay Lands Corridor in east Marin has been consuming much of the discussion time.  Kimball expressed appreciation for the efforts of the Planning Commissioners and members of the public who have been participating in the regular weekly meetings.   Director Amoroso requested the CWP Update process be placed on the May agenda.

5.  Coastal Permit Application (CP 04-12):  Salwen 
project location: 216 Ocean Parkway

Neighbor David Kimball reiterated his concerns about the project, including lot size, floor area ratio and the structure’s proximity to the receding bluff.  Noting the existence of a Coastal Permit for legalization of a detached structure in 1994, and the construction at that time of a mounded septic system, Kimball pointed out that the current proposal would be the second expansion on the property.   He said the Gridded Mesa Plan’s Bluff Erosion Zone policy is to allow for residential additions of 10 percent of the existing total floor area or 120 square feet (whichever is greater) on a one-time basis.  Kimball stated that the applicant received that permit in 1994.   

Cela O’Connor called the Board’s attention to her April 20 letter to the Marin County Community Development Agency (CDA) in which she recommended that plans be resubmitted to conform to development restrictions.

Director Amoroso stated that the proposed pool raises to 39% the area of the property being occupied by structures.

Lisa Herbert read a statement saying the proposal represents a doubling in size of what was there before the fire.  She told the Board she has pointed out the Gridded Mesa Plan’s restrictions numerous times to CDA but they don’t seem to want to hear it.

Jack Byars, the applicant’s architect, reported that CDA has notified Salwen that her application is complete.  Byars displayed an architect’s rendering of the proposed structure.

Commenting that most everyone has seen the story poles, Director Siedman asked Byars why he hasn’t responded to comments on the restrictions in the Gridded Mesa Plan.  Byars said the requisite geotechnical work needed in order to exceed the 10% limitation has been done and that he has addressed the issue with CDA.  
Director McClellan warned the applicant that the proposed structure is large enough to cause a potential denial of the expanded water use permit application. 

Ellen Salwen read a detailed statement, in which she stated that her proposal meets all the setback, height and size requirements, that the structure will have no impact on the stability of the cliff, nor will her property be vulnerable to cliff retreat. 

Director Smith said that he was aware of no objections to replacing what was there before the fire, but expanding to the extent proposed makes it a development project, not a replacement project.

Amoroso/Smith        4 ayes, Bertsch absent       to convey by  letter to CDA that the Board continues to be concerned about the project’s size, bluff proximity, septic capacity, total area of the lot being covered by the house, pool and mounded septic system, and the potential for a problematic expanded water use permit process.   Draft will be distributed to the Board for changes and additions.

Requesting information regarding previous expanded water use decisions, Smith asked if the Board can give applicants guidance on expanded water use permit requirements.

6.  Expanded Water Use Permit Application:  Hawks
project location:  165 Nymph

The applicant is proposing the demolition of a detached accessory storage structure, and a minor interior renovation of the primary dwelling to create a new storage space.  There will be no change in the footprint or height of the primary dwelling.

McClellan/Amoroso          4 ayes, Bertsch absent          to approve an unconditional expanded water use permit.

7.  Expanded Water Use Permit Application:  Yost
    project location:  150 Aspen

    Director Siedman recused himself from voting on the application, noting that, although he has no interest in the outcome of the project, he has done legal work for the previous property owner.  

    The applicant described the proposal as an 800 sq ft (20’ x 40’) studio/bedroom/bathroom.  A new  mounded septic system will be constructed as part of the project.  

    Amoroso/Smith         3 ayes, Bertsch absent, Siedman abstaining      to approve a conditional expanded water use permit.
8.  Coastal Permit Application (CP 03-34):  Harrison
    project location:  315 Mistle

    The applicant is seeking to legalize work done without a permit.   The representative of the nextdoor neighbor alleges that the unauthorized additions to the structure have partially blocked the neighbor’s view and caused his property to lose $25,000 in appraised value.

    Amoroso/Smith           4 ayes, Bertsch absent       to reiterate comments in previous letters to the Marin County Community Development Agency regarding substantial construction in the bluff erosion zone, septic system functioning and slope stability.

10.  Lot Line Adjustment (LL 04-13):  Krakauer
    project location:  24 Park

    Adjustment would add 30’ to the rear of the Krakauer property.  There were no comments on the application.

11.  Seadrift Development Permit for Rip Rap Seawall:  Cela O’Connor letter

    Supported by detailed documentation, Cela O’Connor argued that the work being done to the seawall requires a Coastal Permit.  Environmental impacts and public access are significant issues.        

    Amoroso/Smith       4 ayes, Bertsch absent        to write a letter to the Coastal Commission, with copies to Marin County Community Development Agency, Stinson Beach Village Association and Bolinas Lagoon Technical Advisory Committee, stating the Board of Directors’ belief that a Coastal Development Permit is required the work, that the work could have a significant impact on Bolinas Lagoon, that public access is an issue, and that the methodology used to place the rock is itself a significant environmental impact, noting that vegetation and marine life are being trampled during the work.

12.  BCPUD Policy re Hazardous Trees; Mesa Hazardous Trees Survey; Consideration of Tree Removal at Poplar and Cedar

    Director McClellan suggested the District budget $20,000 each year to remove hazardous trees growing within the rights of way, and to start with the worst ones first. Director Siedman suggested notifying the community if we intend to begin removing hazardous trees so we can get their input on specific problems.  

    McClellan volunteered to draft the policy.  It will be on the agenda of the May meeting.  Staff will seek information from the public on hazardous situations around the Mesa and write an article on the subject for the summer issue of BPUD Pipeline. Director Smith suggested asking PG&E, and its contractor, Davey Tree, for information they may have on hazardous trees.
13.  Water System Engineering Report:  Terrace; Evergreen at Larch; Dogwood at Larch; Olema/Bolinas at Pine Gulch Creek Bridge; Activated Carbon Filter Pilot Project

    District engineer James Teter spent a day inspecting sites within the system where repairs or improvements need to be made and has submitted his preliminary recommendations. In order of urgency, the slippage on upper Terrace, with the potential loss of the downtown and little mesa water supply, appears to top the list.   Teter’s recommendation is to obtain an easement that would allow installation of a new section of line connecting the Overlook and Marin Way mains, allowing for the abandonment of the Terrace Avenue line at the intersection with Overlook.   He recommends the work be done before next winter. The ideal route for the new line is through the backyard of the property on the eastern corner of Terrace and Overlook.  Staff will talk to the property owner about an easement and the issue will be put on the May agenda.

    Further down Terrace, between 47 and 31, the situation is potentially much more difficult to fix.  Both water and sewer mains are in the roadway, vulnerable to any failure of the cliff at that location, and with no clear path for relocation.  Staff will ask Teter to begin preliminary work as soon as possible on a plan for relocation of both the water and sewer mains before the inevitable loss of the lower Terrace roadway.  Also, Teter will be asked to move ahead on the pilot project for Total Organic Carbon removal at the water treatment plant.

14.  2003-04 Financial Audit Proposal:  Bunker & Co.

    McClellan/Amoroso        4 ayes, Bertsch absent       to approve the 2003-04 audit proposal, for $5,700, plus any extra work needed to comply with new requirements contained in Government Accounting Standards Bulletin No. 34.  

15.  Request for Reimbursement for Road Maintenance Adjacent to BCPUD Property

    Nearby neighbors to 270 Elm Road have requested a contribution towards the cost of road maintenance on Nymph, adjacent to BCPUD property.

Amoroso/no second        motion fails        to contribute $200.  Staff will notify neighbors that the Board declined to contribute to the recent work, but will cooperate with them to improve drainage on this section of road.

16.  Other Business

a.  Committee Reports
        -- Downtown Parking and Traffic: 

the April 7 meeting was pre-empted by the third and final Septic Social.  The next meeting  is April 28.
      -- Finance:  2004-05 budget process; approval to mail draft budget/Prop 218 Notices;
          3rd Quarter financial report

There were no objections to mailing the draft budget to all customers.  Since rate increases are called for in the budget, Proposition 218 notices, apprising property owners of their right to protest, will be mailed as well.
        In response to Director Smith’s observation that an increase in Board members pay should
           be considered if the District wishes to attract qualified candidates for future elections, this
           item will be placed on the May agenda.
        The Board received the 3rd quarter financial report without comment.

      -- Legal:  

BCPUD has received a solid opinion from attorney Lawrence Baskin on the Pine Gulch Creek property easement issue.  Staff has written to the National Park Service asking for a re-appraisal.

There were no objections to paying both the Hadden Roth and Krause & Baskin invoices for legal work.

    Director McClellan reported an illegal dumping incident near his property.  McClellan asked members to consider legislation to deal with this kind of problem.  Director Siedman noted that littering is already a crime.  Siedman will be attending a seminar on easement law and he’ll research whether BCPUD can create a criminal sanction or civil penalties for dumping within District-owned easements.

      -- Mesa Septic, Flood Control and Roads:

Director Amoroso commented that it is only a matter of time before County of Marin begins requiring regular septic system inspections and dealing with enforcement issues.  He emphasized the need for BCPUD to figure out what it’s going to do when that time comes.

Director McClellan stated there needs to be a blanket amnesty for building code violations before BCPUD gives any blanket approval to the County’s initiative.

      -- Park and Recreation:  Mesa Park:  RWQCB’s draft Water Reuse Permit and
          Self-Monitoring Plan

Director Siedman updated the Board on the water reclamation project, saying the focus is on getting the Water Reuse Permit so the available grant money can be secured.  He said there is no obligation to go forward with the project if the grant is approved.

      -- Personnel:

        Staff has requested the Board enter into negotiations with them on the 2004-05
           Memorandum of Understanding, with approval tentatively scheduled for the June meeting.

        New Administrative Assistant Julie Beach will begin work April 26.

 -- addendum:  Director McClellan requested staff research past Expanded Water Use
Permit decisions, and to place a review of Expanded Use policy on the May agenda

      -- Sewer:  Resource Recovery Project; Community Paths Group:  ACWA JPIA recreation

Director Amoroso reported that the decision had been made to develop the path adjacent to Mesa Road, down slope to the junction of Mesa and Olema-Bolinas Roads, and the leg connecting to the entrance to the Resource Recovery Center, and to postpone phase 2 on the southern side of the sewer property until an indeterminate time in the future.

        Amoroso also mentioned the need to approve the Special Meeting minutes for the
           Community Paths Group.  The committee’s work is done in Special Meetings because
           there are three Board members on the committee.

b.  Minutes of February 18, 2004 Meeting (amended)

Smith/Amoroso         4 ayes, Bertsch absent        to approve the February 18, 2004 meeting minutes, as amended.

c.  Minutes of March 17, 2004 Meeting

Amoroso/Smith       4 ayes, Bertsch absent       to approve the March 17, 2004 meeting minutes.

d.  Warrants

    McClellan/Amoroso         4 ayes, Bertsch absent          to approve the warrants.

e.  Scheduling of Next Meeting(s)

    May 19, 2004, 8 p.m.

17.  Adjournment

12:27 a.m.