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.


 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.