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

August 18, 2004      270 Elm Road, Bolinas

1.    Call To Order:

8:00 p.m.

2.    Roll

Directors Amoroso, Bertsch, Siedman and Smith present. Director McClellan absent. Director Bertsch presiding. Director McClellan arrived at 8:06pm.

3.    Manager’s Report

Board members received a copy of consulting engineer James Teter’s report summarizing his literature review regarding using activated carbon filtration to reduce THMs in treated water. Staff recommended a pilot project to evaluate carbon filtration. The Board of Directors (Board) agreed.

Board members received notification of the Proposition 50 grant which helps districts meet disinfectant by-product safe drinking water standards.

Director Amoroso noted that there were many audience members present who were attending in order to speak to agenda item 13, reconsideration of the BCPUD request for ban on Bolinas Beach camping and fires only where permitted. He advised the audience that the matter would be taken up at approximately 9pm and that people were welcome to stay or to leave and come back specifically for item 13.

Staff reported that the County of Marin (County) inspected the soil at the Terrace/Overlook erosion zone and noted an underlayment of sand 15 feet deep in this location. Lateral migration of the ground water through the sand causes the soil to slip. Vince Howes, County consultant, suggested improving the road’s life span by installing a wall to deflect the ground water and drainage to carry away excess water.

Director McClellan noted that County should tie in any drainage work they do with the overall Bolinas drainage plan. He pointed out that historically there were problems of incompatibility between the drainage work in the Bolinas plan and the County drainage work.

Staff reported that there is a good working relationship between County and BCPUD on drainage issues in the Terrace/Overlook area. Staff expects BCPUD’s portion of the project will be completed in September and that County will begin its portion of work in October. The easement required in this area has been recorded.

Staff presented an estimate for installing a fence for the Terrace/Overlook relocation project.

Amoroso/Siedman     all in favor    to award the contract to Bo Bo Construction to install the fence for an amount not to exceed $3385.00

The Board received Laurie McDaniel’s July 15, 2004 letter noting that her land parcel is a part of adjoining land parcels that are all served by one existing water meter on Horseshoe Hill. She requested a legal opinion from BCPUD about how she would be able to offer water service to a buyer, were she to sell her parcel.

Staff noted that historically there has always been one meter serving these parcels. Currently the parcels are being passed to individual heirs of the original owner and each individual now has concerns about the future of water service on their respective properties. Staff also noted that currently BCPUD must drive on private property to gain access to the water meter for these parcels.

Director Bertsch suggested placing this item on next month’s agenda.

Director McClellan stated that he had enough information regarding this matter in order for him to give his legal opinion. He stated his opinion that the parcels are all the same property and that all BCPUD would do is split the existing water service. Therefore, there would be no actual new water service installed. Director McClellan stated that should a building project occur on either parcel, they will be subjected to the Expanded Water Use Permit process.

Staff noted the parcels were split in October, 1971.

Director Amoroso asked that the item be placed on the next month’s agenda. He noted that this it involves a precedent in Bolinas where a property owner had two separate homes on one parcel and BCPUD did allow a separate meter for each house. He further noted that he felt the board should go over this issue in detail at the next meeting.

Staff stated that a letter will be sent to Laurie McDaniel stating that if a split of the service is requested, the owners will be responsible for the cost of any required system upgrades. The need for an Expanded Water Use Permit in the event of future development would also be noted.

4.    Community Expression


5.    Appointment of New Member to Board of Directors to Fill Vacancy Created by September 1, 2004 Resignation of Current President Joan Bertsch

Director Siedman noted that tonight’s meeting was a forum for candidates to offer their ideas and to respond to questions from both the Board and the audience. Following this meeting, there will be ample time for contemplation about who would make the best replacement for Director Bertsch’s seat. This meeting is part of the process of electing a new board member at the September, 2004 meeting.

Director Amoroso stated that he agreed with everyone and noted that the Board has 60 days to act on replacing the vacant Board seat. He further noted that the County could intervene and appoint someone after the 60-day period if BCPUD hadn’t appointed anyone.

Director Bertsch called on each candidate to give a presentation. Candidate Jim Sequeira was not present. Candidates Joel Braverman, Bobbi Kimball and Matt Lewis all made presentations and answered questions.

6.    Coastal Permit Application 05-02; Use Permit Application 05-6; Design Review 05-Bolinas Community Land Trust: 6 Wharf Road (old Bolinas Garage)

Alethea Patton, Peacock Designs, presented the project. The first phase converts the back portion of the Bolinas Garage to three live-work spaces. The 2nd phase is to create a duplex with two bedrooms in each unit. She noted that water conservation measures would be taken in construction and that a strong conservation education program will be offered to residents. She further noted that the number of parking spaces they will create will exceed the County’s parking requirements and that the commercial uses of the space will be finalized with County

Director Amoroso asked if parking controls could be placed on the rental agreements for future tenants.

Don Deane, a member of the Bolinas Community Land Trust Board of Directors, stated he would bring this matter to his Board.

Staff noted the deadline for comments on the project is August 23, 2004 and that the Expanded Water Use Permit will be on the September meeting agenda.

Ilka Hartman from the audience suggested that the project include some housing for homeless people. Director Smith suggested that this idea be brought before the Bolinas Community Land Trust Board for consideration.

7.    Use Permit Application 05-7: Cirincione -Coles. 71 Nymph Road

Staff noted there is a building permit issued for the project. An Expanded Water Use Permit for the entire remodel that be considered at the September, 2004 meeting.  This agenda item is specific to the garage portion of the project.

Jerry Cirincione-Coles pointed out the project will cluster the garage with the existing buildings on the property. The project is a minor remodel, less than 500 square feet, with no design review required.

8.    Mosquito Abatement; West Nile Virus (WNV) Task Force Update: Stacey Henderson

WNV has been detected in a bird in Fairfax. An election for annexation is proceeding to join West Marin County with Sonoma County and East Marin Mosquito Abatement District. There will be a ballot for residents to vote on adding $19.00 on their property tax bills to join the district.

Stacey Henderson pointed out that the Abatement District doesn’t freely spray pesticides as a first response to mosquito infestation. She further noted that the abatement district uses safer methods of eradication that are proving effective.

9.    Resolution 507, Citing Board of Directors Choices for Determining Appropriations 2004-05 Appropriation Limits

Siedman/McClellan  all in favor    to adopt Resolution 507

10.    Resolution 508, Stating District’s Appropriations Limit for Fiscal 2004-05

Siedman/Amoroso   all in favor   District’s Appropriations Limit for Fiscal 2004-05

11.    Resolution No. 509, Accepting Completion of West Water Storage Tank Cathodic Protection Project

      Amoroso/Smith   all in favor    to Accept Completion of West Water Storage Tank Cathodic Protection Project

12.    Bolinas Beach Pollution

Director Smith explained that recently the County tested the water on Brighton Beach and found high e-coli bacteria counts. He noted that during a follow-up test, the count was below the allowed maximum containment level.

Staff noted that all sewer cleanouts and laterals along Wharf Avenue were inspected and none was found leaking into the ocean.

13.    Reconsideration of BCPUD request for Ban on Bolinas Beach Camping and Fires Only When Permitted

Board members received letters from Cela O’Conner, John Glavis and Steve Kinsey pertaining to camping on Brighton Beach

Director Amoroso referred to a July 30, 2004 memo from County Supervisor Steve Kinsey stating his desire for a consensus regarding Brighton Beach camping rather than the current 3-2 BCPUD vote to ban camping year around. He prefers a 4-1 vote in order for him to take action. Director Amoroso stated that the BOARD must focus now on resolving the issue.

A lengthy discussion of Brighton Beach’s use ensued with varied opinions including the critical importance of mitigating the beach’s health hazards to allowing free access to the beach, to legal specifics regarding the beach’s private and state ownership issues.

Siedman/Smith   all in favor    to form an adhoc committee to recommend solutions. Staff will notice the public to submit applications for appointment to the committee. The appointments will occur at the September, 2004 meeting.

14.    2004-05 District/Employees Memorandum of Understanding

Continued to September, 2004

15.    Pine Gulch Creek Property: Access Easement, Property Appraisal

Amoroso/Siedman   all in favor   to appraise property as though it has legal access and is a buildable site. BCPUD will offer it for sale to the National Park Service at that price. If they refuse to purchase it, it will then be offered to Mr. Moritz provided he meet all environmental protection requirements, especially stream protection, as a condition of sale. A proposal will be requested from the property appraiser.

16.    Roads: Maintenance/Repair permit application: Dogwood between Poplar and Mesa

Siedman/Amoroso    2 ayes   McClellan abstaining   to approve

16.  Other Business

a.    Committee Reports

-Alternative Energy:   nothing to report

-Downtown Parking and Traffic: nothing to report

-Finance:  Staff noted BCPUD’s audit will begin September 1, 2004

-Legal: Amoroso/McClellan   all in favor   to tell District Counsel Hadden Roth not to file a motion for Summary Judgement. Directors McClellan and Siedman will research possible candidates for new District Counsel.

-Mesa Septic; Flood Control and Roads: Andy Blake reported that he and Joan Bertsch met with County roads maintenance personnel to discuss improving drainage. He noted there will be another meeting on September 9th 2004 to discuss drainage between Evergreen and Grove. He further noted that volunteer drainage work is proceeding and that the next volunteer work party will be September 11, 2004.

-Operations: Nothing to Report

-Park and Recreation: Director Siedman reported that he is meeting with the County
about irrigation at the park. He further stated that December 1, 2004 is the new grant application deadline

-Personnel: Staff reported that Julie Beach will be working on grants research and preparation for the Resource Recovery Project (RRP).

-Sewer:    Resource Recovery Project; Community Paths Group: The Board received the RRP financial report. Director Smith gave an update on the paths group. He further noted his meetings with Director Amoroso, Judith Lowry and BCPUD employee Kate Currey to discuss options for containing the Eucalyptus forest standing on BCPUD property. Staff will organize another meeting during the coming month to begin an action plan.

-Solid Waste: nothing to report

b.    Minutes of July 14, 2004  Siedman/Amoroso    all in favor   to approve as amended.

c.    Warrants: Siedman/Amoroso   all in favor   to approve all warrants

d.    Schedule of Next Meeting:  September 15, 2004

18. Adjournment  12.45 am