Bolinas Community Public
A Regular Meeting
Of The Board Of Directors
August 20, 2008 270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Kimball, McClellan, Siedman and Smith present; director
3. Manager’s Report
Staff reported that the despite the district’s issuance of a conservation
notice to all customers and residents last month, the most recent billing
data indicates significantly higher consumption in this most recent billing
period (May, June, July 2008) than the same period last year. More
specifically, the same customers this year consumed 123,900 cubic feet, or
926,772 gallons more in this time period in 2008 than they did during the
same time period in 2007. A spot check of accounts suggests that the
increase in consumption is due primarily to landscape irrigation. Fortunately,
the levels in the storage tanks are holding well as the district heads into
The installation of the photovoltaic solar arrays at the
Woodrat Water Treatment Plant is nearly complete and installation of the
arrays at the sewer pond property has begun. Staff is meeting with
contractors about potential fencing configurations and other security measures
to protect the arrays.
Staff directed the Board’s attention to a letter from
ACWA/JPIA which followed up on a site visit to the district conducted in
July; additional information was included with the letter, including new
programs and services offered by ACWA/JPIA.
Staff noted that the office has received complaints about
the deteriorating condition of the gate at the entrance to Brighton Beach;
staff is investing options for repair and/or replacement.
On the wastewater side of operations, the field staff
has been engaged in a very extensive effort this summer to further restore
sprayfield capacity and perform deferred vegetation management. Staff
commended the hard work of operators Bill Pierce, Lewie Likover, Seth Kline
and Scotty Hanks in this regard. The capacity of the sprayfields has
been significantly improved, thereby improving facility operations and reducing
mosquito breeding habitat.
The district has received a quote from the only distributor
of Moyno pumps in the Bay Area to repair or replace the defunct pump at the
lift station. Staff emphasized that the pump must be repaired or replaced
as soon as possible so that the pumping capacity is restored prior to the
onset of the rainy season. The quote for repairing the pump is $25,981.32
and the quote for replacing the pump is $29,204.62; staff recommended replacement
of the pump, to be paid out of the capital budget for the sewer system.
The Board unanimously approved the purchase of the new pump for the lift
The Board reviewed correspondence sent and received since
the last meeting, including but not limited to information submitted by Marcella
Robinson, General Manager of the Bolinas Community Center (BCC), regarding
funds raised in 2007 from downtown businesses for beach clean-up and the
projected 2008 budget. The BCC focus in 2008 is on the bathroom project;
the BCC is attempting to raise the awareness of the local community of the
fact that maintaining public restrooms for the downtown requires approximately
$10,000 per year. With regard to the downtown beach clean-up, the BCC
focus will be on obtaining a dedicated dumpster for the May – October season.
The BCC is in discussions with Redwood Empire Disposal about the dumpster
and therefore has no specific request for financial assistance to make of
the BCPUD at this time.
Director Kimball referenced correspondence in the Board’s
binders from the Marin Economic Commission (MEC) and said she would like
to nominate director Don Smith for the MEC’s Community Service and Leadership
award for his hundreds of hours of volunteer time on the community’s various
solar arrays on public buildings in Bolinas and on the community bike path.
Jack McClellan seconded the motion.
B. Kimball/J. McClellan four in favor; one abstention (Smith)
to nominate director Don Smith for the MEC’s annual Community Service and
-- Update on the Americans with Disabilities Act (“ADA”) Accessibility of
Staff reported that the plans for the upgrade of the BCPUD office building
have been finalized and were reviewed again that morning by Disability Access
Coordinator William Campagna and a colleague who happened to be in Bolinas
to assess the bike path. Staff plans to submit the plans to the County
later this week.
-- Update on the Full Proposal for Proposition 84 Grant Funds for Projects
to Enhance the Duxbury Reef Area of Special Biological Significance(“ASBS”)
The deadline for the submittal of full proposals for Proposition 84 funding
is September 10th and staff is working with consultant Rob Gailey to finalize
the BCPUD submission. The BCPUD is participating in a joint grant application
with the County of Marin and the National Park Service’s Point Reyes National
Seashore whereby: (1) the County will retrofit the Agate Beach parking lot,
move the portable bathrooms, and conduct public outreach and education about
stormwater best management practices (BMPs); (2) the Point Reyes National
Seashore will install rangeland improvement BMPs, including cattle crossings
and fencing; and (3) the BCPUD will conduct an assessment of the Bolinas
Mesa and stormwater network, create a surface water flow model and then design
and implement low impact development (LID) BMPs to manage and treat stormwater
and improve water quality at Duxbury Reef..
-- Drainage Project Manager’s
Drainage Project Manager Lewie Likover reported that he
is working on establishing elevations between Birch, Evergreen, Poplar and
Mesa Roads and his work will be focused there for the next couple of months.
Lewie spoke with County roads maintenance supervisor Pete Maendle about finishing
the ditch on Ocean Parkway at Grove so that it is complete down to Juniper
Road; Pete confirmed that the County is willing to do the work the next time
they have the appropriate equipment mobilized in Bolinas. A culvert
was installed recently on Queen Road at Cherry; this project was approved
by the BCPUD over a year ago – the BCPUD provided the culvert and nearby
homeowners paid the installation costs.
4. Community Expression
Director Amoroso reported that he recently purchased a vehicle from one of
the district’s employees.
Cela O’Connor submitted a letter to the Board, which she read at the meeting.
She objected to the County requesting comment from the BCPUD on land use
matters within the County planning and building department jurisdiction as
a waste of the district’s time and resources. She recommended that
the BCPUD instead request the County’s Board of Supervisors to appoint a
Bolinas Planning Commission for this purpose; she would like to see a local
commission replace the County Planning Commission for projects located in
Bolinas. After some discussion, the Board referred Cela’s letter to
the Bolinas Planning Group volunteer committee.
5. Redwood Disposal Company Request for Rate Increase for
Bolinas Service Area
Steve McCaffrey was present on behalf of Redwood Disposal Company.
He reminded the Board that his company assumed the franchise agreement with
Bolinas from Empire Waste Management effective January 2, 2008. The
company requests an annual rate review under the franchise agreement, which
allows an annual rate increase of up to 85% of the Bay Area Consumer Price
Index (CPI). Steve said that Empire Waste Management appears to inadvertently
have failed to implement the previously approved rate increase for 2007-08,
so Redwood Disposal Company would like to implement that increase as well,
for a total estimated rate increase of 5.75% (subject to verification of
the August 2008 CPI). Steve concluded by saying that the new company
looks forward to doing business with the district and hopes that the community
is happy with its services.
V. Amoroso/B. Kimball: all in favor to
approve the requested rate increase of 5.75%, subject to confirmation of
the August 2008 CPI.
6. Request for Financial Relief from Quarterly Water Bill
due to Unintentional Water Loss (pursuant to BCPUD Resolution 553) – 81 Crescente
The Board reviewed a written request for financial relief pursuant to Resolution
553 submitted by Wayne Lazarus; no one was present to speak on behalf of
the application. Director McClellan noted that the application does
not satisfy the quantity criteria set forth in Resolution 553 and recommended
denial of the request on that basis.
J. McClellan/B. Kimball all in favor
to deny the request for financial relief from quarterly water bill due to
unintentional water loss submitted by Wayne Lazarus.
7. Dwaileebe Coastal Permit (CP-10) and Design Review Clearance
(DC 07-26), 421 Ocean Parkway, Bolinas
Director McClellan noted the large number of people present in the audience
for this agenda item and requested that comments be focused on any new issues
that have occurred since the Board last considered this coastal permit and
design review clearance application. Director Siedman said that the
applicant’s letter to the County states that he has amended his original
application; he proposes to legalize three structures (in addition to the
existing structure) and remove the other five structures that had been built
without permits. The applicant further says that the Stream Conservation
Act does not apply to Alder Creek and that a 30 foot setback is applicable.
Finally, he proposes to access the property via Locust Drive (currently an
unimproved right-of-way). Director Siedman inquired whether there is
any public comment on the proposed structures, the creekside setback or the
applicant’s proposed access and he emphasized that the BCPUD has no jurisdiction
to take action on this permit application itself, but rather will merely
communicate the comments expressed by the public to the County.
Director Smith said that the Local Coastal Plan for this area prescribes
a setback of 100 feet from Alder Creek and this should be conveyed in the
BCPUD’s letter. Cass Hicks said that the BCPUD should correct any misunderstanding
as to jurisdiction over the public rights-of-way on the Mesa – the letter
should make clear that the BCPUD, not the County, has jurisdiction over Locust
Road. Meg Simonds recommended the letter urge the County planner to
review the prior planner’s staff report on this project. John Bryant
said that all of the reasons stated in the prior staff report recommending
denial of the applicant’s previous effort to legalize all nine structures
on the property remain applicable and should apply to this application, as
well. Director Amoroso inquired whether anyone present was there to
speak on behalf of the project; no one responded. John Norton suggested
the letter make clear that there is a large turnout for the agenda item and
urged a show of hands for those opposed vs. those supporting the project.
A show of hands indicated 15-20 people present to oppose the project and
no one present to support the project. Director Smith said that the
applicant’s proposal for agricultural use of the property is relatively reasonable
as written, but the letter should ask the County to take into consideration
the actual past use of the property for habitation as well as the applicant’s
wife’s recent letter to the local newspapers saying the applicant is simply
trying to build a family home in the community.
Director Kimball observed that the applicant has submitted nine letters of
support for his application; three of the letters have Bolinas addresses.
She noted that the applicant says he needs a pump shed to house a pump necessary
to pump water and she said the letter should request assurance from the County
that the applicant is not pumping water from Alder Creek. She said
she agrees a 100 foot setback is applicable to Alder Creek and agrees that
the reasons stated in the prior staff report recommending denial of the applicant’s
previous effort to legalize all structures on the property are equally applicable
here. Director McClellan said he opposes the project because it is
too close to Alder Creek and likely to generate pollutants; he objected to
any “design review” assessment as inconsistent with the town’s historic tolerance.
Chuck Oakander said that one of the letters submitted in favor of the applicant’s
proposal describes those opposing Mr. Dwaileebe as a “group of malcontents”
that were part of the group at the recent beating near Brighton Beach.
Chuck said he wants everyone to know he is not a part of that incident.
In response to questions from the audience, Fire Chief Anita Tyrrell-Brown
confirmed that if the County allows Mr. Dwaileebe to retain 200 or more square
feet of structure(s), on aggregate, then the Fire Department will require
him to supply fire suppression water (which must be separate from any water
being used for agriculture), a hydrant, and fire engine access to the property.
She also confirmed that access would be possible via Alder Road. Cass
Hicks expressed concern that any access via the Locust right-of-way would
require an engineered road that would deposit additional sediment in Alder
Creek. Steve Newstedt requested that the letter indicate that if the
County approves the application, it will be setting a precedent whereby a
property owner can legalize after-the-fact an additional 350% of structure
over what was originally permitted, which is a terrible precedent to establish.
8. Martinelli Coastal Permit (CP 09-5) and Use Permit (UP
09-7); Application for Expanded Water Use Permit, 460 Dogwood Road, Bolinas
Chris Martinelli said that he plans to build a detached garage that will
not have any plumbing fixtures. The County is requiring a use permit
because the garage will be over the standard square footage and because it’s
17 feet high; he said the back section will be used by his wife as an art
studio. Staff noted that there currently is a conditional expanded
water use permit applicable to the property.
J. McClellan/D. Smith all in favor to
reaffirm the terms of the existing conditional expanded water use permit.
9. Lahar Coastal Permit (CP 09-4 and DR 09-4), 58 Horseshoe
Hill Road, Bolinas, APN 188-150-44
There was no comment on this agenda item
10. Application for Expanded Water Use Permit – 45 Cliff
Road, Bolinas (Pelsinger)
Dan Pelsinger said that he is remodeling an existing 696 square foot 1 bedroom,
1 bath cabin; he will remodel the kitchen and bath with no expansion of the
structure. He confirmed that he is installing water efficient fixtures
and using recycled materials.
J. McClellan/V. Amoroso all in favor
to approve an unconditional expanded water use permit.
11. Request to Lease BCPUD Property for Agricultural Use.
Alethea Patton submitted a draft proposal to lease a portion of the BCPUD’s
sewer pond property (an area formerly leased by Jimmy Friedrich for agricultural
purposes) to raise a small herd of goats. In response to questions,
Alethea said that the area leased is about an acre in size and that the lessees
would install all of the necessary facilities (milking shed, fencing, etc.)
at their own expense. After some discussion, the Board directed staff
to prepare a lease agreement for consideration and approval at the next monthly
B. Kimball/J. McClellan all in favor
to approve the request to lease BCPUD property for agricultural use, subject
to the terms and conditions of an appropriate lease agreement.
12. Approve Progress Payment to Brent Harris Construction
re: the BCPUD Pedestrian/Bicycle Path; Discuss Equestrian Use Near Path
Director Smith explained that the district has received a final invoice from
Brent Harris Construction for the installation of the pedestrian/bicycle
pathway. Director McClellan expressed extreme dissatisfaction with
the condition of the pathway surface: “they wasted material on the flat part
where we don’t need it,” he said. Director Smith emphasized that the
surfacing material was installed as per the design approved by the Paths
Committee; from the outset, it was clear that only half of the path could
be surfaced with the grants funds available, so an effort was made to focus
on the prime wet areas. He said that it is a very difficult route;
the route was very difficult to survey, especially given the commitment to
reduce the number of trees removed. Director Smith said that the pathway
cost is approximately $10 per linear foot and that should be contrasted with
the anticipated cost of the County bike path, which is $200 per linear foot.
Director Smith said that there are two problem issues: (1) the surfacing
material, which is not satisfactory, and (2) the switchbacks (of which there
are three), which are too steep. On the other hand, Brent Harris Construction
has done a tremendous amount of work for $47,000 and the crew has come back
and addressed a number of other issues identified in post-installation inspection.
With regard to the surfacing material, director Smith explained that the
contractor had great difficulty compacting the material; also, the surface
dirt was extremely powdery subsequent to the removal of numerous tree roots.
As for the materials used (path mix – 7/16th to fines), this was recommended
by Stony Point quarry for the project. He recommended that the district
observe how the path performs over the winter rainy season and make adjustments/corrections
next year. With regard to the switchbacks, director Smith said that
the corners are too steep – several turns have steepness of 17-over 20 percent
and the contract specifies no more than 10%.
Director Siedman asked if director Smith has a recommendation with regard
to a progress payment. Director Smith said he feels the company did
the best they could, even though they did not meet some of the specifications
of the contract, and he recommended that the district pay up to 90% of the
contract price and hold back the final 10% until the County signs off on
the encroachment permit and ACWA/JPIA inspects the path. Discussion
ensued during which Board members discussed various different hold back amounts
and expressed dissatisfaction with the failure by the contractor to meet
the contract specifications.
B. Kimball/D. Smith four in favor, one opposed (McClellan)
to pay 85% of the contract price and withhold the remaining 15% until the
contractor reinstalls the switchbacks to meet the contract specifications.
Turning to equestrian use of the pathway, members of the audience from the
equestrian community were present to explain how the installation of the
pathway has impeded the route they have used for decades to ride downtown
and/or out of town. Based on a site visit by the equestrian representatives
and director Smith, it was proposed that the district: (1) move the logs
that currently are piled near the sprayfields to facilitate horse riding
on the south side of the drainage ditch; (2) install a culvert in the drainage
ditch near the Mesa/Overlook pathway entrance to facilitate horses crossing
to avoid the pathway; and (3) clear more brush from the pathway near the
Resource Recovery Center. Staff was instructed to work with the equestrian
representatives and make best efforts to meet their concerns.
13. Mesa Park: Request that BCPUD Fill Vacancy on
Board due to Resignation of Robert Mowry; Request to Amend Joint Exercise
of Powers Agreement to Increase Number of Board Members; Review Dissolution
Staff was instructed to publicly solicit applications to fill the vacancy
on the Mesa Park Board occasioned by the resignation of Robert Mowry and
to set the deadline for the applications as the next BCPUD Board meeting
Director Siedman explained that the Mesa Park Board would like to increase
the number of its members from five to seven as more people are expressing
interest in serving. There was no opposition from the Board, as long
as the Bolinas-Stinson Union School District agrees to so amend the joint
exercise of powers agreement.
Director Amoroso said that he would like to review the dissolution clause
(paragraph 22). After some discussion about the intent of the provision,
the Board agreed that it likely would better reflect the parties’ intent
if the first clause of the first sentence of paragraph 22 was deleted; the
provision is otherwise ambiguous as to how a dissolution of the agency may
Director Siedman said that he would follow-up with regard to both potential
14. Offer of National Park Service to Acquire BCPUD Pine
Gulch Creek Property
Director Siedman referred to documentation submitted by the National Park
Service in the Board binders whereby the NPS offers to purchase the BCPUD’s
Pine Gulch Creek property for its fair market value appraised price of $1,450,000.
Director Siedman said that the land is a 72 acre parcel adjacent to the Point
Reyes National Seashore which the BCPUD originally acquired for purposes
of facilities development which has since been definitely abandoned.
He noted that a non-profit foundation is contributing the funds to enable
the NPS to acquire the property. Director Amoroso said that he wants
a condition of any sale to be that the BCPUD land will not be developed.
Director Kimball noted that the NPS offer letter states that the NPS intends
to acquire the property as wilderness. Director Amoroso said that a
provision therefore should be in the contract of sale that the land will
be acquired as wilderness.
J. McClellan/B. Kimball all in favor
to accept the offer of the National Park Service to acquire the BCPUD’s Pine
Gulch Creek property for a price of $1,450,000, subject to a condition in
the contract of sale that the property will be acquired as wilderness.
15. Resolution 567: Cites Board of Directors’ Choices
for Determining Fiscal Year 2008-09 Appropriations Limits
J. McClellan/B. Kimball all in favor
to approve Resolution 567.
16. Resolution 568: States District’s Appropriation
Limits for Fiscal Year 2008-09
B. Kimball/D. Smith all in favor to approve
17. Volunteer Committee Reports
-- Alternative Energy: Solar Project Update: Director Smith reported
that the array at the Woodrat Water Treatment Plant site is largely complete
and that the district is investigating security options in light of the recent
theft of panels at a nearby farm.
-- Bolinas Community Plan Review Committee: David Kimball reported
that the August meeting is scheduled for the following Tuesday. A subgroup
of the committee is pulling together a “Victory Garden” pilot program.
The committee also is analyzing a design proposed by committee member Steve
Matson for a pedestrian access route from the garage to the new downtown
-- Bolinas Lagoon Technical Advisory Committee: Director Amoroso reported
that there is a meeting of the committee scheduled for September 4th and
he would like to submit a letter directly to the committee reiterating that
the BCPUD cannot support the Final Recommendations as a “locally preferred”
plan because it does not incorporate several key issues of local concern
(i.e., opening the Bolinas Channel and investigating via the EIR/EIS process
the impact of the Seadrift revetment). There was no opposition to such
-- Community Paths Group: Nothing further to report.
-- Downtown Parking and Traffic: Nothing further to report.
-- Resource Recovery: Staff directed the Board’s attention to materials
in the binders relating to the Resource Recovery Projects application for
certain operating permits with the County of Marin.
-- Terrace Avenue/Alternative Access Road Committee: Director Smith reported
on a recent meeting with Bob Beaumont, Craig Parmley, and Ernest Klock from
the County’s Department of Public Works. The committee is attempting
to persuade the County that the seawall at the base of Surfer’s Overlook
(which the County installed years ago) is repairable and that a repair is
urgently needed before the winter. The County is reluctant to undertake
the repairs and would prefer that the local residents and/or the BCPUD do
so. The committee recommends that the BCPUD raise the community’s awareness
of the status of Terrace Avenue and the County’s apparent lack of willingness
to do anything to repair the seawall; the committee suggests a letter should
be sent to all property owners who will be directly affected by an eventual
relocation of the BCPUD facilities on Terrace Avenue at Surfer’s Overlook
and encourage them to apply pressure on the County to fulfill its responsibilities.
Director Kimball requested that the staff assess and make recommendations
for the relocation of the water and sewer mains at this location; she said
she also does not feel the County is adequately addressing the issue of emergency
access in the event of a failure of Terrace Avenue. Staff was instructed
to prepare a draft letter to property owners and include an item on the September
agenda on this topic.
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Director Kimball said that the Council met the prior Monday and has a new
member from Nicasio; the Council plans to request statistics from the Marin/Sonoma
Mosquito Vector Control District about is use of Agnique. The Task
Force met the prior week and agreed to meet just two times during 2009.
The numbers are exceedingly low this year: there have been no human cases
of the virus detected in Sonoma or Marin Counties and just 73 cases in California
18. Other Business
a. Board Committee Reports
-- Finance: Nothing to report.
-- Legal: Director McClellan requested a closed session of the Board
to discuss pending legal matters. The Board agreed to meet for such
a session on the morning of October 8, 2008.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: Nothing to report.
-- Personnel: Nothing to report.
-- Sewer: Nothing to report.
b. Minutes of the July 11, 2008 Special Meeting; Minutes of the July 16,
2008 Regular Meeting.
Director Smith submitted proposed revisions to the minutes
of the July 11, 2008 special meeting.
B. Kimball/D. Smith all in favor
to approve the minutes of the July 11, 2008 special meeting, as amended by
director Smith’s revisions.
D. Smith/B. Kimball all in favor
to approve the minutes of the July 16, 2008 regular meeting.
B. Kimball/V. Amoroso all in favor to
approve the warrants.
d. Scheduling of Next Meeting(s): Approve Meeting Date for September
(September 10th, 17th or 24th).
After some discussion, the Board agreed to hold the next
meeting on September 10, 2008 due to the anticipated absence of both director
Kimball and director Smith on September 17, 2008.