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
policy
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.