Bolinas Community Public Utility District
A Regular Meeting Of The Board Of
Directors
June 19, 2002 270 Elm Road, Bolinas
1. Call to Order
8:00 p.m.
2. Roll
Directors Amoroso, Bertsch, Siedman present. Director McClellan on leave.
Director Kayfetz absent.
Director Bertsch presiding.
Director Bertsch reported that the Board met in closed session at 7:30 p.m.
to discuss personnel matters and that no action had been taken in the closed
session.
3. Manager’s Report
A new Marin County Grand Jury report on Special Districts has just been released.
Although BCPUD was not named in the report, the Jury’s recommendations must
be responded to within 90 days. The principal observation that the average
person doesn’t understand the nature and use of Special District financial
reserves has been forwarded to District auditor, Joe Bunker.
Wastewater Treatment Operator Kate Currey is seeking a cost estimate for
safety equipment that would be used to lift an incapacitated person out of
the wet well at the sewer lift station.
Letters from the Marin County Department of Public Works and Supervisor Steve
Kinsey’s aide Liza Crosse have indicated a willingness to enforce county
codes on visual obstruction of the roads when brought to DPW’s attention.
Crosse further proposed using a case-by-case approach.
May 2002 water consumption was 18% lower than in May 2001 and the water supply
situation is better. In response to a suggestion from Director Amoroso that
specific high users be contacted to encourage them to reduce consumption,
Director Siedman stated that the weather determines consumption more than
specific individuals.
Administrative assistant, Jill Whitcroft, will be taking a leave of absence
for 19 days, beginning July 5.
Directors viewed a photograph of the section of path that has been disrupted
by tree roots which are feared to be threatening the force main bringing
wastewater up to the treatment ponds. Of the two bids for removal of the
offending trees, one is considerably lower but would necessitate an application
for a Coastal Permit. Staff proposed applying for the Coastal Permit and
asking that the fees be waived. Methods for ascertaining the exact location
of the force main are still being researched, but trenching to locate it
may cause damage itself.
A workshop with the County Office of Emergency Services at the Bolinas Fire
Protection District is scheduled for all staff on July 1, 2002. In addition
to the current preparedness for an earthquake-related disaster, the effects
of fire and flood will be addressed.
Repairs to the backhoe have been estimated to cost about $2,500.
The roof of the building at 270 Elm has been losing shingles and is buckling
along the ridge. Staff will have it inspected.
Point Reyes National Seashore Superintendent, Don Neubacher has assured Manager
Phil Buchanan that the Federal funding for the purchase of the District’s
Pine Gulch Creek property is firmly in this year’s Federal budget and that
the NPS wants to purchase the property but cannot do so for more than its
appraised value, which it appears would be very low if the access easement
to the property would not be sufficient to qualify it as developable. In
response to a request by District Counsel, Hadden Roth, to Michael Moritz,
the owner of the easement, for a wider easement, Moritz’ attorney, Doug Ferguson
asked for information on proposed use of the easement, the availability of
funds and readiness to purchase by the Park, and the Park’s response to Moritz’
Building Permit application. Apparently the use would be light, the funds
are almost certain, the Park is eager to purchase, and the initial response
by the Park to the Moritz permit application was a comment on the visual
impact of the proposed structures. Roth reported that Moritz is requesting
a deed restriction that would state that the parcel would never be developed
and a statement that the visual impact of his project is not a problem. Roth
has also indicated that there is a legal remedy for landlocked property but
that a public agency with the power to exercise eminent domain might not
be able to take advantage of it. He would like to consult an eminent domain
specialist before giving an opinion on that solution.
There were no objections to the purchase of an automatic rain gauge for the
maintenance yard.
4. Community Expression
Director Amoroso said he had observed the Sheriff’s patrol car on the beach
on several occasions, which had been expressly stipulated against in discussion
of beach control issues, other than in an emergency. There were no objections
to his suggestion that staff call Chief of Police Doyle and report that a
complaint had been received.
5. Expanded Water Use Permit Review: Mortezaie/Moghadam (Bolinas
Garage)
project location: 6 Wharf Road
Information that Daran Mohghadam, manager of the Bolinas Garage, plans to
rent rooms equipped with jacuzzi baths by the night, has sparked the review
of his Expanded Water Use Permit and a letter to Marin County Community Development
Agency stating that such use does not meet his EWUP requirements. However
Moghadam represented to staff that he feels that he continues to occupy a
three-bedroom single family apartment as stated in his EWUP application and
his plans to rent the extra bedrooms fall within the guidelines of the Bolinas
Community Plan to provide guest accommodations. In his original EWUP application
he had stated that the three bedrooms would each have its own bathroom. Staff
has suggested to him, at Director Kayfetz’ behest, that he reapply for an
EWUP, disclosing in the application the details of construction and use as
described to staff during a visit to the premises.
Continued to August meeting.
6. 35 Queen Road Garage Project Proposal: Finkelstein
Manager Buchanan reported that in a phone call from Ben Berto, Marin County
CDA Principal Planner, Berto suggested that the photographic evidence provided
by Vince Howes, the engineer for SalemHowesAssociates, seems to support Howes’
opinion that there is an estimated forty year life-span for the project.
Berto indicated that the County may seek a second engineering opinion. He
stated that CDA’s inclination, if the second opinion supports Howes, would
be to issue a building permit for the project. Subsequently the development
code should be revised to eliminate the site specific language and state
that a building footprint could never be expanded above 10% of the existing
footprint or 125 sq.ft., whichever is less, in the coastal bluff zone.
Neighbor Dolores Richards stated that Vince Howes has given conflicting opinions,
to her knowledge, having told her verbally in 1998 that the cliff life was
only 20-25 years, rather than the 40+ years he had estimated in 1992. Elia
Haworth presented photographic documentation of significant erosion of the
adjacent cliff in the twenty-five years since she first lived in the neighborhood.
Directors had no objections to sending a letter to Berto, detailing the reports
from Richards and Haworth and asking that a County representative visit the
site, with a copy to go to Supervisor Steve Kinsey. Director Amoroso suggested
mentioning in conversation with Berto that BCPUD’s legal counsel is monitoring
the situation.
Directors Bertsch and Siedman were concerned that ecological destruction
can be allowed because of technical loopholes, and that the issue must be
addressed on a larger scale.
Regarding the issue of the ownership of Queen Road and the legal contiguity
of Dr. Finkelstein’s parcels, it looks as if they can be considered contiguous,
even though separated. Finding recorded evidence of the ownership of the
road(s) has proven elusive in the past. However, with a narrower time frame
in which to search, it may now be possible. Finkelstein has also said
he is willing to remove the fence as requested, if the BCPUD deems it advisable,
since it was erected in conjunction with the replanting of the area. Director
Siedman suggested focusing on the impact of the development rather than the
ownership of the road.
7. Expanded Water Use Permit Application: McFarlin
project location: 77b Olema-Bolinas Road
The original Expanded Water Use Permit for the property is based on unusually
high usage by the previous owner and staff had planned to recommend making
the usage restriction more modest, particularly since the new owner has made
significant improvements to the water system and dramatically reduced consumption.
However, owner Heather McFarlin has expressed concern that usage be restricted
before she has had a chance to implement her landscaping plans. Directors
asked that commendation for McFarlin’s efforts to bring consumption down
be included in a letter indicating that her current use limits will remain
in place until a review in two years time.
8. Coastal Permit Application 02-33: Bolinas Fire Protection
District
project location: 100 Mesa Road
The permit application is for antennas for Verizon wireless, which would
be a minor addition to the existing RF load and would have minimal visual
impact. Director Amoroso suggested that, although the Board has no comments
on the project, since there is no public hearing planned at the Fire Department,
the County public hearing should be well publicized.
9. Bicycle/Pedestrian Path Process: status report; ballot
advisory measure; Resolution 476, Proposing An Election Be Held In Its Jurisdiction,
And In Territory Beyond Its Jurisdiction
Resolution 476 would extend the electoral boundaries for voting on an advisory
measure on Bolinas paths in November to include residents of the Bolinas
Fire Protection District. Barbara Kayfetz was corrected in her assertion
that no one from outside the BCPUD boundaries had been attending the public
path meetings. She also repeatedly asserted that the current path proposal
under development is only Phase One of a much larger plan. Director Amoroso
stated that if the proposal includes paths on BCPUD property that would have
to be maintained by BCPUD (it seems the County of Marin is willing to assume
the liability), he would not support a vote by non-District residents, since
they would not be paying for the maintenance. Director Siedman indicated
that the issue is of enough importance to the whole community to outweigh
that factor. Director Bertsch noted that the extent of the pathway
proposed is only 350 feet and Don Smith suggested looking for creative ways
to deal with such issues, such as asking the Fire District to undertake maintenance.
To date, no word had been received from the County as to what may or may
not be feasible, so no ballot wording could be decided upon. The deadline
for the resolution and for ballot wording is August 9, 2002. The next Paths
Group meeting will address ballot wording to be presented at the July meeting.
Continued.
10. Public Hearing: 2002-03 BCPUD Budget
Noting that the only proposed increase in charges is to septage haulers,
for dumping at the sewage facility, staff presented the draft budget. There
were no questions or comments from members of the public.
Continued to July meeting.
11. 2002-03 District/Employees Memorandum of Understanding
-- Siedman/Amoroso three ayes, Kayfetz absent, McClellan
on leave to approve the MOU as drafted.
12. Other Business
a. Committee Reports
-- Alternative Energy: status report
The committee has not met so far. Manager Buchanan reported that he has received
the latest six weeks of anemometer readings. Based on the readings one 65kw
windmill would have produced about half of the Woodrat Treatment Plant’s
energy needs. Bob Gold is still concerned about the District having sufficient
usage to qualify for the larger installation buydown and has indicated that
he will try to get PG&E to reduce the energy use commitment in exchange
for a smaller buydown match. It is not yet clear if excess power can be sold
without installing a second meter.
A grant application by Bob Gold to the Stinson-Bolinas Community Fund was
denied but with the suggestion that BCPUD reapply.
-- Legal:
Directors received District Counsel Hadden Roth’s most recent invoice and
copies of Email correspondence from Richard Harris in connection with Orrick
v. BCPUD.
-- Park and Recreation: Mesa Park – RZH Grant Contract
Director Siedman reported that the Department of Health Services was unable
to approve the water reclamation project that the grant application was seeking
funds for because Bailey Green’s report was incomplete. Green has failed
to return repeated phone calls from Siedman. Most recently Green had supposedly
met with DHS representatives to hear exactly what is needed to approve the
project but no word has been heard from him on the subject. To get another
engineer’s report would cost $15,000. Staff will attempt to contact Green.
The application can be resubmitted for the following year’s funding cycle.
The contract for the RZH grant of $133,000 for the skatepark requires the
signatures of District Counsel and the General Manager. Director Amoroso
said he had no objections as long as BCPUD is not required to pay anything.
-- Solid Waste: Resource Recovery Project: financial /operations reports;
Directors noted the healthy income stream.
garbage/recycling franchise agreement;
Continued to the August meeting.
Director Amoroso reported that the first phase of the eucalyptus containment
project has been completed and the second is ready to start.
b. Minutes of May 15, 2002 Meeting
-- Siedman/Amoroso three ayes, Kayfetz absent,
McClellan on leave to approve the May 15, 2002 minutes
as amended.
c. Warrants
-- Siedman/Amoroso three ayes, Kayfetz absent,
McClellan on leave to approve the warrants
d. Scheduling of Next Meeting(s)
July 17, 2002
13. Adjournment
10:32 p.m.