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

November 19, 2003      270 Elm Road, Bolinas

1.  Call to Order

7:34  p.m.                

2.  Roll

Directors Amoroso, Bertsch, Kayfetz, McClellan and Siedman present
Director McClellan presiding

3.    Manager’s Report

The lift gate on the 1993 Ford pickup, an item which has become indispensable for field work, has been replaced by a new gate with 50% greater lifting capacity.  The old gate had become unsafe to operate. 

The Resource Recovery Center is giving away mulch for a limited time.  There is so much on site that there is not sufficient room for incoming green waste.  Those interested should check with the site attendant Tuesday through Saturday between Noon and 5 o’clock.

ACWA JPIA completed its annual risk assessment of the District on October 23, 2003.  In a November 10 letter the JPIA indicated that, based on the results of Risk Management Consultant John Haaf’s visit, there were no recommendations being made for changes or additions to BCPUD practices.   On the same day as the risk assessment, the District also hosted a Supervisor Certification Class in managing an effective Illness and Injury Prevention Program.  

4.  Community Expression

Robert Hunter reported that an individual is attempting to buy and develop a 32 acre parcel on the cliff between Juniper and Laurel Roads.  Hunter stated he had reliable information that, as soon as tomorrow, the prospective owner plans to start removing brush to gain access to the slope. 

There was a brief discussion concerning rightful ownership of the property, as well as 5 other parcels involved in the pending sale.   Director Kayfetz suggested referring the matter to District Counsel tomorrow morning but there was no action to do so. 

Staff will contact the Marin County Community Development Agency’s Enforcement Division tomorrow morning about the apparent intention of the prospective buyer to begin clearing and grubbing and eventual development of the property.   It is against the community plan; the parcels are zoned as open space; and removal of any vegetation within 100’ of the cliff edge requires a coastal permit.

5.  Marin County Sheriff’s Department’s Abandoned Vehicle Towing Program

Lt. Rich Ginnodo, representing the Marin County Sheriff’s Department , heard Jerry Bo Jeste describe a sequence of events that led to his car being towed away from the street in front of his house.  Bo Jeste affirmed that the car’s registration had expired, but he stated he had a certificate of non-operation and the car could be started and moved at any time; properly, the Sheriff’s Officer should have knocked on Bo Jeste’s door and requested he move his car onto his property.  Ginnodo stated Deputies will begin doing so. He indicated that the Officer in question conceded that he should have knocked first. Lt. Ginnodo commented that the safest course for vehicle owners is to keep registration up to date for any car left long term on the street.

In response to a question from Director Kayfetz regarding the ticketing of motorists who park illegally downtown, Ginnodo stated that new signs are now up on Park, perhaps more will be erected, and Deputies are going to be strict in enforcement.  The Lieutenant said the Department depends on people reporting violations.    Supervisor Steve Kinsey is also working with Ginnodo to clarify County policy so the average citizen can know what the enforcement effort is going to be.

Andy Blake asked about fines for illegal parking.   Director Amoroso interjected that setting fines is not within the Sheriff’s purview, but the Sheriff has supported raising the fine for illegal parking in the congested downtown areas.   Ginnodo said that DPW traffic engineer  Jason Nutt is the responsible County employee regarding establishment of fines.  He is working with Kinsey on, ultimately, a Board of Supervisors issue.  

Staff will put Lt. Ginnodo on the mailing list for all notices related to activities of the Parking & Traffic Committee.  

6.  Waste Management:  request for rate adjustment effective January 1, 2004

Under the requested adjustment, the basic monthly charge, for a subscriber with one 32 gallon can, will increase from $13.75 to $13.92.

Amoroso/Bertsch         all in favor          to approve the requested rate adjustment of 1.3%, effective January 1, 2004.

7.  Mesa Park:  Resolution 496, Authorizing General Manager To Sign And File A Water   Recycling Facilities Planning Grant Application And To Negotiate And Execute A Grant Contract; consideration of appointment to seat on Board of Commissioners being vacated by Andrew Blake

A discussion between Directors Kayfetz and Siedman centered on the local match for any grant proceeds and on potential liability to BCPUD for signing the grant application.  Also, to Kayfetz’ expressed concern regarding Mesa Park Board member Andy Blake bidding on the feasibility study, Siedman noted that he has told Blake he’s ineligible for the work if he remains on the Board.  Kayfetz questioned the propriety of Blake submitting a proposal even if he resigns from the Mesa Park Board.  Director Amoroso pointed out that Blake said at the October 15 meeting he would not enter the bidding for the contract if there were objections from the Board.
Bob Gold commented that one potential major funding source for the Firehouse/Clinic project,  Marin Community Foundation, may make its grant contingent on the project including the Title 22 Water Reclamation Project.

Bertsch/Amoroso         3 ayes, 1 no (Kayfetz), 1 abstention (Siedman)        to approve Resolution 496 and to send it to the State Water Resources Control board, with a cover letter indicating BCPUD will not provide cash advances for the study and will not assume any liability for expenses exceeding available grants and donations.
8.  Expanded Water Use Permit Application:  Liebenstein.  46 Wharf Road (Coast Café); consideration of letter to Marin County Community Development Agency re use permit process

Consideration of this item began with a discussion regarding procedure.  Appearing divided on the issue of referring the matter to County of Marin, the Board debated asking the County to make a determination regarding the necessity for Coast Café owner David Liebenstein to apply for a Marin County Use Permit, and/or for the County to provide information that would buttress the Board’s demand for Liebenstein to submit an application for an Expanded Water Use Permit.

Liebenstein asked the Board if it would grant an unconditional permit, with no restriction on his water use.   Director Siedman explained that the Board cannot prejudge an application. Siedman also suggested to Liebenstein that much of the perceived pressure to involve the Marin County Community Development Agency in this matter was due to Liebenstein’s continuing reluctance to sign and submit the Expanded Water Use Permit application.

Amoroso/Kayfetz         1 aye (Amoroso), 3 noes, 1 abstention (Kayfetz)         to ask the Marin County Community Development Agency to make a determination if a building or use permit would have been required for this property based on what is known now about alterations completed since Liebenstein purchased the property.

Item continued until applicant fills in and signs the application form.

9.  Expanded Water Use Permit – Request for Variance:  Spangler.  11 Wharf Road (Blue Heron)

The owner has requested a variance, pursuant to Resolution 272, to increase the Maximum Quarterly Allowance of water beyond the current 4,200 cubic feet.  The item will be continued to the December meeting and the owner will be requested to re-file the variance request, including the specific additional amount of water being requested.

10.  Coastal Permit Application (CP 04-12):  Salwen.  216 Ocean Parkway

Applicant is seeking a permit to rebuild following a 2002 fire.  Neighbors have expressed
concern regarding the size of the project.   Jack Byars, the owner’s architect, is working to address those concerns.  Neighbor David Kimball, who submitted a comment letter to the Marin County Community Development Agency, indicated that nearby residents have encouraged the owner to rebuild, despite their concerns about the project design, and bluff stability.

Director Amoroso noted that the design appears to violate the total floor area provisions of the Gridded Mesa Plan.  He also stated there is new evidence of erosion near the edge of the bluff, contrary to the geotechnical  report.  Amoroso pointed out that the detached accessory structure approved in 1994 may have used the 10% increase in total floor area allowable under the Gridded Mesa Plan.  Director Siedman suggested attaching the Kimball letter to the District’s comment letter, and making sure Marin County is aware of the bluff stability issue.

Amoroso/Kayfetz       all in favor       to send a comment letter to Marin County Community Development Agency, including a suggestion that an independent second engineering opinion be obtained, consistent with the Gridded Mesa Plan requirement that the edge of the cliff is to be re-evaluated every five years.

Neighbors in attendance at the meeting suggested that a report prepared by the applicant’s engineering geologist for a 1989 project, at 190 Ocean Parkway, contradicts the findings in the applicant’s report.  The 190 Ocean Parkway report will be included with the letter.  Petitions signed by local residents who support reconstruction but are troubled by the design will also be enclosed with the letter.

8.  (Continuation) Expanded Water Use Permit Application:  Liebenstein.  46 Wharf Road (Coast Café); consideration of letter to Marin County Community Development Agency re use permit process

Liebenstein then submitted his signed Expanded Water Use Permit application.  Following  further discussion, the permit application date was agreed to be June 30, 2000, not the current date.  Liebenstein initialed the date change on the application form, and the figure for the prior 12 months water usage was revised to 44,500 cubic feet.

Consideration of the application was continued to the December meeting.

11.  Coastal Permit Application (CP 04-13):  Dworsky/Dar.  50 Mesa Road

Staff noted that previously stated Board concerns about development projects within the District that are independent of the municipal water system, especially ensuring that there is adequate stored water for fire suppression, appear to have been incorporated in the project plans.  The Board had no comment.

12.  Sewer System:  connection fee proposal; connection application priority list

Director Amoroso explained that the fee is necessary in order for any new connections to pay a fair share of the capital outlay for the sewer system.  Amoroso suggested that Bolinas Fire Protection District should pay this charge when its proposed project is completed, but the fee could be refunded when the reclamation project is operational and has been demonstrated to benefit the sewer system.

Continued to December meeting.

13.  Easement Request:  Beckman.  375 Ivy Road

As a condition of legalizing an existing non-conforming structure on the property, the owner proposes to install an interceptor drain on the property.   The owner has requested an easement in Ivy Road to allow for an underground discharge pipe to reach the public drainage way.  The proposal is virtually identical to one approved in 1995 for 280 Ocean Parkway.

Kayfetz/Siedman       all in favor       to approve the request, subject to the same conditions as those imposed on the Bransten project.   Staff will write the owner, notifying her of the Board’s approval, and specifying the conditions to which the approval is subject.

14.  Road Maintenance Permit Application:  Murch.  Larch at Evergreen

The application is for installation of a culvert under Larch at Evergreen, in the location recommended by the Mesa Drainage Plan.

Kayfetz/Bertsch         all in favor       to approve permit, subject to applicant’s compliance with the standard conditions.

15.  Resolution No. 497, Requesting Agency Membership On West Nile Virus Task Force And Appointing Stacey Henderson As District Representative

Kayfetz/Siedman        all in favor       to approve Resolution 497.

16.    Kaiser Permanente Health Plan:   Authorization for 2004 Renewal

Kayfetz/Siedman        all        to authorize the General Manager to sign and return the renewal agreement.

17.   Pine Gulch Creek Property Riparian Fence Project; recent correspondence

Staff will write to Michael Moritz and Harriet Heyman, the adjacent property owners, retracting statements made in a September letter regarding unconfirmed reports of Pine Gulch Creek pollution.  The letter will state that various government officials and interested individuals will be accessing the property on December 2 to inspect the property and discuss plans for a riparian fence.  The owners and/or their agents and attorney will be invited to join the tour and the letter will ask their cooperation in opening the access easement to the property.    

18.  Other Business

a.  Committee Reports

          -- Alternative Energy:  
The Marin Community Foundation has written to ask the status of the required local match   
for a $1,500 grant approved last February.  Staff will refer the letter to committee.

      -- Downtown Parking and Traffic:  11/12 meeting report; new members
There was nothing substantive to report on the November 12 meeting.  Individuals   expressing an interest recently in joining the committee are Greg Hewlett, Steve Matson, John Norton and E J. Pearcy.   The next meeting is scheduled for 7:30 p.m. on December 10, at the BCPUD office.

    -- Mesa Septic, Roads and Drainage: 

At the November 5 committee meeting, there continued to be a consensus to install culverts at Dogwood and Larch and Evergreen and Larch, and to monitor and evaluate the work during the rainy season.  The next meeting is scheduled for 5 p.m. on January 14, 2004, at the BCPUD office.
The maintenance crew will be informed that, according to Al Hettich, the culvert on Evergreen, closest to the Larch intersection, appears to work to some degree.  Hettich noted  that there is much less vegetation encroaching on the right of way at that location than at a  second culvert further south on Evergreen.  Hettich stated that the more southerly culvert doesn’t work at all.  He said he thought paint marks recently placed on the road might be where the crew planned to pothole to determine the elevation of the water pipe.
      -- Sewer:  Resource Recovery Project; Community Paths Group

The County of Marin has granted $7,800 to the Resource Recovery Project for renting the tub grinder. There was nothing new to report on the paths project.  The next meeting of the paths committee will be at 7:30 p.m. on December 1, at the BCPUD office.

b.  Minutes of October 15, 2003 Meeting

Siedman/Bertsch        all in favor       to approve the October 15, 2003 minutes.

c.  Warrants

Bertsch/Kayfetz        all in favor         to approve the warrants.

d.  Scheduling of Next Meeting(s)

December 17, 2003

19.  Adjournment

11:24 p.m.