Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
November 17th, 2004     270 Elm Road, Bolinas

1.  Call to Order  7:32 pm

2.    Roll  Directors Amoroso, Siedman, Smith, Kimball present.

Board President Siedman announced a closed session had occurred at 7 pm to discuss personnel matters and that no action was taken during this meeting.

Director McClellan arrived at 7:35 pm.

3. Manager’s Report

Board members received the financial report for the Terrace Avenue Pipeline Replacement Project. The estimated final project costs are $36,700.

Board members received copies of Cela O’Connor’s letter to Marin County Senior Planner Johanna Patri, pointing out possible non-permitted work occurring on BCPUD’s Pine Gulch Creek.

Board members received a copy of a draft BCPUD letter to Mr. Moritz requesting that he address the erosion occurring along the trenchline of the recently installed pipeline and offering materials for his use to help prevent the erosion.

Smith/Kimball     all in favor    to send the letter to Mr. Moritz

Director Kimball noted that the Marin County Planning Staff Report concerning Mr. Moritz’s property is available for review in the BCPUD office.

Staff reported that the State of California tax shift will be $75,443. BCPUD fees will generate $73,713 for a $1,730.00 difference.

Staff reported that BCPUD will be installing a new water line, serving the McDaniel property on Horseshoe Hill, within the coming weeks if weather permits.

4. Community Expression

Jenny Pfeiffer suggested that since so many residents are installing drainage culverts, if BCPUD coordinates the receiving of the culverts to the BCPUD yard, everyone could benefit by the economies of scale.

Matt Lewis noted that his drainage report, occurring later in the agenda, will address Ms. Pfeiffer’s suggestion.

Cela O’Conner requested that the Board hear her report regarding the Moritz property. Director Siedman placed the item at item 11, later in the agenda.

5. Volunteer Committee Reports

Board President Jack Siedman asked that committees submit a monthly work status report to be included in the Director’s meeting binders. Directors can then brief themselves on the work of each committee prior to the Board meetings. He further noted that each committee should give a succinct status report at each Board meeting.

      --Alternative Energy: 

Nothing to report


Magi Barror reported a recommendation that BCPUD request the County to reinstate the ban on camping at the downtown beach for a period of one year. The committee further recommends that the ban include all weekends of the year. Considering that the ban has sunsetted, a reinstatement would curb some of the problems at the beach while allowing the committee the time it needs to concentrate on developing workable solutions.

Amoroso/no second   to write a letter to the County asking that the ban on camping be reinstated and that camping is banned on all weekends of the year. Motion failed.

The committee recommendation that BCPUD request re-instatement will be on the December 15th, 2004 agenda as an action item to allow public discussion.

Mr. Barror also noted that the Rod and Boat Club may own as much as 40% of the beach and that the committee wants to work collaboratively with the Rod and Boat Club to develop consistent recommendations for the beach.

Mr. Barror is submitting a report to Liza Crosse, Aide to Steve Kinsey, informing her of these recommendations and the general status of the committee’s work.

--Community Paths Group:  CEQA: consideration of Notice of Intention to seek exemption:

Director Smith presented a Path Committee work status report. He noted that the project is likely exempt from the California Environmental Quality Act (CEQA) and that he will prepare a draft Notice of Exemption for Board approval. The committee requested the Board’s approval to file a Notice of Exemption.

Director McClellan noted that the Notice of Exemption should include some additional provisions taken from the code.

McClellan/Kimball    all in favor   to file a Notice of Exemption with the additional sections included.

Director Smith noted that after funding is secured, the committee will present its proposal to the community in a town hall meeting. Additionally, a poll will be conducted by BCPUD on the matter, perhaps combined on the ballot with the Parking and Traffic Committee measure. 

--Downtown Parking and Traffic:  Parking Plan – March 8th, 2005 Ballot Measure   Wording:

Director Amoroso reported that a town hall meeting to receive community feedback on the Draft Parking Plan was attended by ten residents and that the feedback received was mostly favorable. The committee requested Board approval to conduct a poll regarding the Draft Parking Plan to include all registered voters within the Bolinas Fire Protection District mailing roster.

McClellan/Amoroso   all in favor   to conduct the election .

Director Amoroso further noted that the committee requested funding from Supervisor Steve Kinsey for the expense of conducting the election.  Kinsey pledged $1500.00 to help defray the expense of an advisory poll by either mail or ballot.

Director Amoroso invited everyone to attend the next committee meeting to be held Wednesday, December 1, 2004 at 8 pm.

From the audience, Pete Smith asked if a second town meeting might be held about the draft parking plan. Director Amoroso responded that unless the draft plan was substantively changed, there would be no further town meetings. He noted that residents can always be heard at the committee meetings.

--Mesa Drainage: 

Matt Lewis noted the committee’s work, especially the clean up of Alder Creek, which is nearing completion.  He further noted that meetings with County road crews and property owners along lower Alder Road have gone well and that County will soon be repairing ditches and culverts in the area. He lastly noted that he will work with Bobbi Kimball and Phil Buchanan to streamline the Right-of-Way Maintenance/Repair/Improvement Permit process.

In response to Jenny Pfeiffer’s earlier suggestion that the delivery of culverts be coordinated by BCPUD, Mr. Lewis noted the committee is currently exploring this possibility.

Several audience members thanked the committee for its service to the Bolinas community.

First, the committee recommended that the Board accept the resignation of Andrew Blake as the committee’s chairperson. Secondly, the committee further recommended that the Board appoint Matt Lewis as the new committee chairperson. Lastly the committee recommended that the Board appoint Alan Margolis as a new committee member.

McClellan/Smith   all in favor      to approve all three recommendations.

--Resource Recovery Project:

The Board received the RRP Financial Report for October, 2004.

--West Nile Virus Task Force:

Stacey Henderson reported that Task Force Meetings are suspended until March, 2005. However, Ms. Henderson will still provide information, dead bird transportation, mosquito-eating fish and screens to cover septic tank vents. She further noted that the 2005 National Conference on West Nile Virus is scheduled for February 8th and 9th, 2004 in San Jose and that her attendance could assist both the district and others attending the conference.

Smith/McClellan    all in favor    to fund Ms. Henderson’s attendance to include the cost of registration plus a per diem of $75.00, the total amount not to exceed $375.00.

6. Unauthorized Activity in Bluff Erosion Zone Near End of Kale and Laurel Roads

The Board received a copy of a letter from Shannon Kilkenny to Debbi Poiani, County of Marin, Senior Enforcement Officer noting that Jeremy Kidson ordered work done on the southeast portion of Kale and Cherry Roads including scraping the land and earth-boring to obtain dirt samples.

David Kimball reported that when he asked Mr. Kidson if he had permits for the work being undertaken, Mr. Kidson stated he did not need a Coastal Permit and then waved a sheet of paper proclaiming it was some other type of permit.

Board President Siedman pointed out this land is a fragile cliff and that it was unlikely development would be allowed there.

Mr. Kimball pointed out the inconsistency if County actually issued a permit to obtain core samples on land that could never be developed per the Gridded Mesa Plan and other land use documents.

Staff noted that the ownership of the land is disputed and suggested a draft letter to Brain Crawford, Deputy Director of Planning Services, Marin County Community Development Agency, requesting them to seek a legal opinion determining the exact owner of the parcels.

An additional letter will be drafted to the Coastal Commission requesting that no actions, such drilling or scraping, be allowed on this type of land and that they enforce this law.

7.  Solid Waste:  Waste Management rate adjustment request

James Landa, Area Manager for Waste Management, presented the rate adjustment proposal.

Amoroso/Smith     all in favor   to approve a rate increase of 1.0392% for residential customers and commercial carts, recycling and debris boxes. In addition, the Board approved a Waste Management fee to commercial customers who overload containers plus a carry-in fee for residential customers who arrange to have their containers carried to and from the curb when the distance is over 50 feet.

8.     Coastal Permit Application  05-13; Expanded Water Use Permit Application 045-  069: Smith/O’Connor – 169 Elm Road

The owners wish to construct an unplumbed 625 square foot garage with attached storage on a merged property divided by a 40 foot roadway. The garage would be used in connection with an existing residence they own on the opposite side of the roadway.

Amoroso/McClellan   all in favor     to issue an unconditional Water Use Permit on the condition that the installation of a hose bib at the garage be deleted from the plan.

9.    Expanded Water Use Permit Application Salwen. 216 Ocean Parkway

Builder Roger Peacock noted that the owner is replacing two structures that burned in a fire, with one structure that will contain two bedrooms and two bathrooms. He pointed out that the total number of bedrooms and bathrooms is remaining the same as the number of bedrooms and bathrooms that burned down.

Amoroso/ no second   motion failed    to grant a conditional use permit   

Smith/McClellan    3 in favor   Amoroso opposed.   Kimball abstain.    to grant an Unconditional Water Use Permit.

10.    Resolution 515, Proposing An Election Be Held In Its Jurisdiction; Requesting The Board Of Supervisors To Consolidate With Any Other Election Conducted On Said Date; And Requesting Election Services By The County Registrar of Voters

No action taken

11.    Local Coastal Program:  proposed Coastal Commission resolution regarding periodic review

The Board received copies of a memo to the California Coastal Commission from it’s Executive Director, Peter Douglas,  regarding a proposed resolution to review and update the previously certified Local Coastal Plans.

The Board also received copies of a letter to Director Kimball from Mark Massara of the Sierra Club supporting the resolution to update Local Coastal Plans.

Director Kimball explained the importance of ensuring consistency between the Local Coastal Plan and the Bolinas Community Plan.

11a. Addendum  This matter was placed on the agenda during Item 4.,    Community Expression.

Cela O’Conner reported her recent monitoring of the Moritz property. She pointed out the critical importance of ensuring that overgrazing on the property is not allowed to continue in keeping with habitat restoration and preservation.

12.    Personnel Appointment:  Administrative Assistant

Amoroso/Smith   all in favor    to appoint Julie Beach to the permanent position of Administrative Assistant, to increase the position’s hours to 26 hours per week and to increase the job’s wage by $1.00 per hour.

13.    Mesa Park:  request for BCPUD to provide administrative services

McClellan/Smith   four in favor   Siedman abstain    for BCPUD to perform Mesa Park administrative services, involving two hours per month, and to be reimbursed for this work by Mesa Park at the rate of 125% of the Administrative Assistant’s wage.

14.    Kaiser Permanente Group Agreement for 2005

Staff noted that the current employee health plan will increase by 26% in 2005 and presented an analysis of three different plans with progressively higher co-payments and higher out of pocket caps. Staff further noted that by changing coverage to a plan with a higher co-payment and a higher out of pocket cap, BCPUD could save money overall by purchasing the less expensive plan while still maintaining employee co-payment reimbursement at the current year’s level.

Amoroso/Kimball    all approve     to change the current employee health insurance benefit to the higher co-payment and higher out of pocket cap plan, while maintaining the current level of employee co-payment reimbursement

15.    Call For Nominations:  LAFCO Special District member  
 No action taken.

16.  Other Business

a.  Board Committee Reports
   --Finance:  2003-04 Audit; PERS 2005-06 employer contribution rate
     Amoroso/Kimball   all in favor    to approve the audit report.
The PERS employer contribution rate will increase from the current 4.647% to 10.729%, effective July 1, 2005.
-- Legal: nothing to report
-- 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 October 20, 2004 Meeting
Smith/Amoroso    all in favor   to approve
c.    Warrants
Amoroso/Kimball   all in favor   to approve
d.    Scheduling of Next Meeting(s)
December 15th, 2004, 7:30 pm

17.  Adjournment  11:05 pm