Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
May 19, 2004 270 Elm Road, Bolinas
1. Call to Order: 8pm
Directors Amoroso, Bertsch, McClellan, Siedman and Smith present.
Director Bertsch presiding.
3. Manager’s Report
Board members met Julie Beach, administrative assistant, hired April 26,
Board members received copies of the May 12, 2004 Association of California
Water Agencies (ACWA) Communications Brief stating that Governor Schwarzenegger
supports a $1.3 billion budget deal with local governments that will help
alleviate the state’s financial crisis. The proposed agreement shifts an additional
$350 million to the state this year and next (2004-05 and 2005-06). In exchange,
special districts have a commitment from the Governor to support a constitutional
initiative that would protect local agencies’ tax revenue in the future.
Board members received copies of The Comprehensive Traffic Management Plan.
schedule of upcoming public workshops, which are part of an environmental
review process addressing parklands traffic congestion and public access issues.
Staff reported there is still a possibility that the Reusch property, a
35-acre parcel adjacent to the sewerage treatment plant property, may be
offered to BCPUD. Details could be available by the June meeting.
Staff reported workers at Waste Management (WM) are on strike over wage
issues. WM expects a protracted labor/management struggle. They are importing
100 employees from other areas during the strike.
4. Community Expression
Francesca Vietor read a statement from her husband, Mark Hertsgaard, requesting
a sister city relationship with the town of San Francisco, Nayarit, Mexico.
Implementing this relationship would help support the citizens of San Francisco
as they organize to defeat a proposed resort project that may block tidal
action in their estuary, a body of water similar to the Bolinas Lagoon. San
Francisco is in the path of the Pacific Flyway, and damage to the estuary
could negatively impact the migratory bird population. A resolution in the
support of the proposal will be placed on the agenda of the June meeting.
David Kimball reported that the Bolinas Rod and Boat Club have joined the
protest over the addition of rock to the Seadrift abutment. The controversy
centers on the scope of work and whether a Coastal Development Permit should
5. Coastal Permit Application 04-31: Gallagher
Location: 10 Mesa Road
The project proposes renovating an existing accessory structure to create
a workshop area and storage space and to expand an existing deck from 50 feet
to 150 feet. Staff will inform the Marin County Community Development Agency
that an Expanded Water Use Permit application must be filed with BCPUD if
the project will require a building or use permit.
6. West Nile Virus Task Force (WNVTF) Report: Stacey Henderson
West Nile Virus (WNV) bird and animal infection has been reported in 8 states.
However, there are no confirmed human cases so far this year. There have been
no reported cases of WNV in Marin County.
Marin Sonoma Mosquito and Vector Control District (MSMVCD) is in phase II
of its process to create a ballot measure adding an additional $16.00
to each homeowner’s property tax bill. If approved, the measure would provide
funding for four additional employees to perform mosquito abatement in Marin
and Sonoma Counties.
7. Policy Review: Expanded Water Use Permits
The Board reviewed its past consideration of 4 Expanded Water Use Permit
applications. The Board also reviewed a listing of all conditional Expanded
Water Use Permits issued to date.
Specifically discussed was how the maximum quarterly allowance is established
in cases where a derelict or destroyed building is remodeled or rebuilt, second
units, new construction and transferred water meters
Director McClellan stated that the Expanded Water Use Permit rules must
be applied consistently to each case.
8. Draft Policy Re Hazardous Trees in BCPUD Rights-of-Way
The Board reviewed a draft document prepared by Director McClellan outlining
key points of a proposed amendment to BCPUD Ordinance 30, V., Obstructions,
and recommended budgeted expenditures for tree removal.
Director McClellan pointed out that BCPUD must determine if this ordinance
would be enforceable in cases where BCPUD rules specific tree (s) are dangerous.
Director Siedman indicated he thought the ordinance would be enforceable since
BCPUD has the responsibility for roads as well as obstructions and dangerous
conditions in the right-of- way. BCPUD could remove the dangerous condition
and if the person responsible for the creating the condition is determined,
BCPUD could bill the property owner. Director Siedman pointed out that
BCPUD would have to sue to collect. Director Siedman also pointed out that
the ordinance’s language should be very specific and pointed out the example,
“near the right-of-way” as language that is not appropriately specific.
Director Bertsch suggested budgeting to maintain a balance of $20,000 annually
for tree removal. Unused monies would carry forward yearly. Any monies carried
forward to the future year would be supplemented in order to maintain a $20,000
annually. If a larger budget is required in future years, it could be
Director Amoroso indicated that BCPUD should share costs with property owners
Continued to next month.
9. Terrace Avenue Pipeline Relocation Project
BCPUD has reached an oral understanding regarding a utility easement with
the property owner at Terrace and Overlook. BCPUD will remove trees
across a northern portion of the property and replace the existing fence.
In exchange, the property owner will give BCPUD an easement for the new pipeline.
The existing line is threatened by cliff erosion.
Discussion followed concerning the possible loss of lower Terrace Avenue
between house numbers 31 and 47. If the road is lost both here and near the
intersection with Overlook, as many as 40 homes could be isolated.
Director Bertsch suggested that a letter be written to the County putting
them on notice that if these cliffs fall, as many as 40 houses would loose
access to their homes.
Director Smith pointed out that it would cost far less money for the County
to maintain the bulkhead between house numbers 31 and 47 than to wait until
is completely destroyed. He further pointed out that the County has a duty
to protect health and safety.
Amoroso/Siedman all is favor to send a letter to the county stating these
concerns and putting them on notice.
10. Marin County Wide Plan Update
David Kimball reported that the plans for developing the Silvera property
on the 101 corridor are a hotly debated issue. Two other main issues are the
need for affordable housing and the potential shortage of water resources
any added development might cause since Marin can’t count on water from the
Director Amoroso asked if there was interest in revising and updating Community
Plans. Kimball replied that his sense is that regular review of Community
Plans will be required, but not regular updates unless the review so mandates.
11. Pine Gulch Creek property (AP# 188-090-14): NPS letter re easement/appraisal
The National Park Service (NPS), responding to BCPUD’s request for a reappraisal
for Lawrence Baskin’s written opinion that a court would rule in our favor
for widening the access easement across the adjacent property, has written
the district to say that they will only re-appraise after the easement problem
is resolved. In the letter NPS also asks for a timeline for any known action
Siedman/McClellan all in favor to send a letter to NPS indicating BCPUD
will seek cooperation from the adjacent property owner based on the legal
opinion, but will go to court if no response is received by June 15, 2004
12. Board of Directors Pay Increase Proposal
Director Don Smith noted the difficulty of getting people to run for the
BCPUD Board. The shortage of candidates can mean that the Board doesn’t well-represent
Bolinas residents if an array of candidates with differing views is not available
for voters to select. He suggested that it would help encourage candidates
to run if the current $125.00 dollar a month stipend each Director receives,
a rate established in 1974, is increased to more appropriately compensate
the work of a Director. He proposes that it take effect after current
Director Amoroso objected to the idea of 2 different pay rates during the
transition period. He pointed out that serving as a Director can diminish
one’s time for earning income because of the amount of work involved and that
increasing the stipend might make serving on the Board more attractive to
potential candidates. He stated that the current time is not the correct time
to raise the stipend.
Directors Siedman and Bertsch expressed reservations about the proposal.
No action was taken.
Director McClellan left the meeting at 10:25 pm
13. Norcal Environmental Student Network:
Request for contribution to water quality monitoring training program.
Directors declined approval of the request.
14. Sister City Proposal:
Pursuant to the discussion during community expression, the board acted
Bertsch/Smith 4 ayes, McClellan absent, to take the steps necessary to establish
the relationship. Continued to June Meeting.
15. Other Business
a. Committee Reports
Downtown Parking and Traffic:
Amoroso/Siedman 4 ayes, McClellan absent to appoint Fire Chief Anita Tyrell-Brown
to the committee.
Director Amoroso reported that his approach is to provide Bolinas residents
with 35 specifically protected parking places for access to downtown businesses,
services and recreation. He said he favors County parking enforcement with
BCPUD involvement. A different approach committee members suggest is to use
parking restrictions to limit tourist access to the downtown beach, which
Amoroso indicated he doesn’t think will work. Overall, the plan is not to
add additional parking spaces. Staff suggested the Board should encourage
local residents to use alternative transportation to the downtown to help
alleviate the traffic congestion. Director Amoroso suggested a walker’s depot,
similar to the one that used to be at the intersection of Elm with Overlook
where riders and drivers could connect with each other.
Director Smith mentioned he has requested the County to remove the No Parking
signs on Terrace Avenue at Ocean Avenue because there is extremely limited
parking space on Ocean. The property owner on Terrace at ocean has told Smith
he has no problem with the proposal.
The Committee has expanded the study area to include all of Terrace Avenue
and Olema-Bolinas Road to the Mesa Park intersection.
Finance: 2004-05 budget
The current draft proposes increasing the annual water charge by $24.00,
the sewer charge by $29.00, and the charge for septic/drainage by $48.00.
Only one written protest has been received to date. The proposed budget does
not include funding for the needed repairs to the water and sewer systems,
nor for any increase in the administrative assistant’s hours, any related
expenses will be drawn from reserves, as needed, and replenished in the next
Budget Public hearing is June 16, 2004.
Director Siedman attended a Law of Easements conference and provided relevant
materials to the Board. He pointed out the information about public easements.
Specifically, BCPUD owns the land the unpaved roads are on. Regarding the
47-acre Smadbeck parcel, adjacent to Ocean Parkway, BCPUD may own this land
for parkland, but when a public entity owns land and the entity doesn’t do
anything to improve it, there is no liability for unauthorized recreational
use of that land.
Director Siedman also reviewed an invoice to BCPUD from attorney Hadden
Roth. There were no objections to Director Siedman contesting the charges
with Roth. Staff is not authorized to pay the bill until the matter is resolved.
Director Amoroso suggested BCPUD start interviewing alternate lawyers.
Mesa Septic, Flood Control and Roads:
Matt Lewis reported on a site visit by selected pilot project committee
members, accompanied by representatives from Marin County DFW and the Regional
Water Quality Control Board (RWQCB). The RWQCB official indicated that installing
culverts to lower the water table through the Larch swale would require a
permit, but issuance of such a permit would be problematic because of the
possibility of contaminated runoff reaching the ocean, and because of negative
impact on the wetlands. The officials noted that drainage could be improved
simply by removing non-native plants and man made materials, which would not
require a permit. Lewis suggested a volunteer community cleanup effort.
Park and Recreation: Mesa Park: Notice of Availability of Initial
Notice of Intent to Adopt Negative Declaration: water reclamation
Staff will publish the notices in the Hearsay and make it clear that the
opportunity to address this issue will be at 8pm on June 16, 2004.
The Memorandum of Understanding with BCPUD employees is tentatively scheduled
for approval at the June 16th, 2004 board meeting.
Director Amoroso pointed out that Phil Buchanan is retiring in 2005 and
a work plan with timeline is needed for finding a replacement. The
Board directed Buchanan to create this timeline.
Sewer: Resource Recovery Project; Community Paths Group.
Resource Recovery may soon be the recipient of a $9,000 grant from the National
Park Service for improvements to the site.
Director Smith reported that Phase One of the Path Project is in limbo due
to a lack of money. With respect to Phase Two, DPW engineer Jason Nutt will
meet with the group to discuss Phase One-Phase Two interface at Olema-Bolinas
and Mesa Roads. Following that, the Phase Two plan will be ready to present
to the community.
b. Minutes of April 21, 2004 Meeting:
Amoroso/Siedman 4 ayes, McClellan absent to approve the May 21, 2004 minutes.
Siedman/Amoroso 4 ayes, McClellan absent to approve the warrants.
d. Scheduling of Next Meeting(s)
June 16, 2004
Joan Bertsch will make an announcement to the community that she will resign
from the Board effective September 1, 2004. Planning for her replacement will
be placed on next month’s agenda.
17. Adjournment 12:01 A.M.