Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
August 17, 2005
270 Elm Road, Bolinas
1. Call to Order 8:00 p.m.
Directors Amoroso, Kimball, McClellan, Siedman, and Smith present.
Director Siedman presiding
3. Manager’s Report
a. Letter dated August 8, 2005 from
the California Department of Health Services
BCPUD received a letter dated August 8, 2005 from the California Department
of Health Services (“DHS”) notifying BCPUD of a disinfection byproduct maximum
contaminant level violation due to the water system exceeding the maximum
contaminant level (MCL) for total trihalomethanes and haloacetic acids (based
on the calculated annual running average for the past 4 quarters) as established
by federal law for drinking water. Staff advised the Board of the public
notification process applicable to this type of violation and reported that
notices would be sent to all BCPUD customers and published in the newspaper
on or before September 6, 2005. Staff currently is working with DHS
a to evaluate water treatment processes and is researching options to correct
the problem; staff anticipates identifying a solution within the next
b. Letter dated August 4, 2005 from
the California Coastal Commission
BCPUD received a letter dated August 4, 2005 from the California Coastal
Commission in response to BCPUD’s request for all public records pertaining
to compliance with Coastal Development Permit A-1-MAR-87-235, applicable
to the Seadrift revetment; the letter states that responsive documents have
been located and are available for inspection/copying. Staff was directed
to make arrangements to inspect and copy relevant documents. Director
Kimball volunteered to accompany and assist staff with this task.
c. Letter dated July 25, 2005 from the
California State Lands Commission
BCPUD received a letter dated July 25, 2005 (received on August 15, 2005)
from the California State Lands Commission requesting certain additional
information in connection with BCPUD’s application for continued use and
maintenance of the groin and seawall on Brighton Beach. BCPUD was notified
in June 2005 that it is required to obtain a “new lease from the Commission
for the use of this land”. Staff reported that a request has been made
for a copy of the existing lease and original application which is pending
from the State Lands Commission; staff will then submit a written response
to the July 25th letter.
d. Letter dated August 5, 2005 from
California Department of Health Services re: Prop 50 Pre-Application
Staff reported that BCPUD submitted two pre-applications to DHS for Prop
50 funding: one for $300,000 under the 4a.5 program for an additional treatment
unit to reduce TTHM’s in BCPUD drinking water pursuant to the 4a.5 program,
and one for $137,500 under the 4a.1 program for a fifth filter at the treatment
plant to boost the system’s water production capacity. BCPUD received
a letter dated August 5, 2005 from DHS stating that BCPUD is eligible for
funding under the 4a.1 program and the proposed project has been ranked on
the Draft Project Priority List (47th out of a total of 145 eligible projects).
Staff reported that BCPUD’s 4a.5 program pre-application remains pending.
e. Sewer update
Kate Currey updated the Board regarding her on-going evaluation of the pump
at the lift station that is currently out of service. She is waiting
for written bids from the pump repair service and from the pump manufacturer
in order to determine whether to recommend repair or replacement of the nonfunctional
pump. Kate expects to receive the bids in the next week.
f. Roof Vent Screening Program
A volunteer committee has been formed and is in process of developing a program
to assist Bolinas septic system owners with the screening of their roof vents
and sealing of their septic tank lids in order to eliminate potential mosquito
breeding sites. The committee is gathering information about the recently
publicized Muir Beach program in light of that community’s success and staff
has created a database to track Bolinas’ progress in this regard. Director
Kimball reported on the details of the Muir Beach program: the Community
Services District hired 2 college-age men (who were therefore covered under
the District’s liability and workers’ compensation insurance policies) who
are mountain climbers to use rope systems to access homeowners’ roofs and
screen roof vents; the District will seek voluntary $25 reimbursements from
homeowners to cover the costs of the program. The workers averaged
16 houses per day and all roof vents in Muir Beach have now been screened;
the District expects to receive the $25 reimbursement from a significant
majority of the homeowners.
4. Community Expression
BCPUD received a courtesy copy of a letter to Supervisor Steve Kinsey dated
August 8, 2005 from the Environmental Action Committee (“EAC”) in which the
EAC laments the County’s allowance of certain research and testing activities
“that are preludes to development” by a new property owner (Jeremy Kidson)
in the Bolinas Bluff Erosion zone. The letter cites the Bolinas Community
Plan and its prohibition on any residential development or substantial construction
near the bluffs and articulates the EAC’s expectation that the land remain
designated as permanent Open Space “with no legal loophole leading to any
type of development.”
BCPUD also received a Notice of Decision from the County Community Development
Agency concerning a Certificate of Compliance application by Jeremy Kidson.
The Notice indicates that the County has determined that the parcels purchased
by Mr. Kidson were originally subdivided in conformance with applicable sub-division
requirements and legally created in its present size and configuration as
a remainder “Park” parcel. The Notice states that the property is located
entirely within the designated bluff erosion zone and is governed by Open
David Kimball reported that a path has been cut on the Kidson property almost
to the beach. Staff noted that numerous local residents have called
or stopped in the BCPUD offices to complain about the clearing activity;
the complaints are motivated by strong concern that the clearing activity
will accelerate erosion in the sensitive bluff erosion zone and should have
been subject to a coastal permit. Clark Permar observed that photos
taken of the path fail to show the magnitude of the clearing that has been
done. Shannon Kilkenny reported that she has called the county enforcement
officer, Debbie Poiani, on several occasions and that Debbie evidently has
called Mr. Kidson to warn him not to engage in any “significant” alteration
of the topography.
5. Volunteer Committee Reports
-- Alternative Energy:
Nothing to report.
David Kimball reported that the most recent Committee meetings were available
in the Board meeting binders and that no meeting was scheduled for August
-- Community Paths:
Director Smith reported that funds have been received and that it is possible
the downtown path can be constructed this Fall; if so, a community
meeting will be held in September to explain the hard packed dirt path design.
Don noted that the budget for the path project is $40,000 and inquired whether
the project must be put out to bid. Director Siedman advised him to
contact the granting agency—the bid requirement may be waived in certain
-- Downtown Parking and Traffic:
Director Amoroso reported that an advisory measure has been placed on the
November ballot to determine whether the community supports the parking plan
developed by the Committee, which will be officially presented to the BCPUD
Board at the September meeting. Director Amoroso noted that arguments
for and against the plan are due at the Elections Office on August 22nd and
that notices have been running in the Hearsay about the upcoming deadline.
He also noted that the plan has been posted at the Post Office and Library
and copies are also available at the BCPUD offices.
-- West Marin Mosquito Control Committee: Request for BCPUD to participate
in potential legal action; reimbursement of printing and postage expenses
BCPUD received a letter dated August 5, 2005 from the M&VC District responding
to three separate letters from BCPUD: (1) the District denied BCPUD’s
request to include BCPUD properties on the District’s “no spray” list as
the list is applicable to private property owners only; (2) the District
denied BCPUD’s request to add an item to its August 10th agenda relating
to a one-year trial period for the West Marin Mosquito Control Committee
protocol; and (3) the District stated that the moratorium on the use of pesticides
in West Marin was lifted effective July 13, 2005 in light of the upswing
of WNV activity in the North Bay.
Director Kimball reported that the BCPUD also received a letter from the
M&VCD dated July 26, 2003 responding to the BCPUD’s recent Public Records
Act request and indicating that the requested documents are available for
review at the District office.
Director Amoroso said that the BCPUD should advise the
M&VC District that any spraying on or near the sewer pond property needs
BCPUD’s prior consent. Director Siedman suggested the BCPUD write a letter
stating it is BCPUD’s understanding that its properties are not on the “no
spray” list because that land is our responsibility and in light of the delicate
ecological sensitivity of the area, the M&VC District should not spray
Barry Smith stated that he was at the August 10th M&VC
District meeting and that the West Marin Mosquito Control Committee protocol
will be on the District’s October agenda. He also noted that the M&VC
District’s attorney, Richard Shanahan, advised the District at this meeting
that it is not compelled to treat all areas within District boundaries in
the same manner, but noted that treating differently might create political
problems. The M&VC District’s General Manager, Jim Wanderscheid,
has suggested another meeting with the Committee and Steve Kinsey; Steve
Kinsey has confirmed his willingness to have another such meeting.
Finally, Barry said that Jim Wanderscheid has proposed an approach whereby
the M&VC District will agree to limit its initial abatement activities
on private land to biological treatments, with notice to the property owner
and applicable local government of the need to engage in preventative treatments
within the next 7-10 days; if, when the District checks the situation
in 7-10 days the problem is not adequately abated, then the District will
use the means necessary to eliminate the problem. Barry noted that
the Committee’s first choice is to have a cooperative partnership with the
Barry said he had requested the agenda item to discuss
a possible contribution by the BCPUD toward legal fees likely to be incurred
by the West Marin Mosquito Control Committee. The Committee has engaged
an environmental law attorney to review the CEQA document to possible challenge
the annexation election; as an alternative, the Committee is also exploring
“detachment” from the M&VC District. Barry feels that it would
be most effective to coordinate with other agencies in West Marin to contribute
to the foreseeable legal costs, and Inverness Public Utility District already
has stated that it is willing to do so. Barry requested that BCPUD
Director Siedman urged the West Marin Mosquito Control Committee to continue
its efforts to reach accommodation with the M&VC District and said the
suggestion of potential litigation was unfortunate. Director Amoroso
noted that many West Marin organizations and communities were interested
in the mosquito control issue and supportive of the Committee’s protocol;
he noted that the outcome of the vote on the November advisory measure would
indicate the Bolinas community views—if the community supports the Committee’s
work, Director Amoroso said he is willing for the BCPUD to contribute some
money to a legal fund.
Stacey Henderson suggested that the Committee consider using the Department
of Health Services mediation services available to the public in disputes
with the M&VC District; it is cost-free and does not preclude later
Director Amoroso noted that the Committee is seeking legal advice, not contemplating
legal action: specifically, should the election be challenged (based
on the CEQA document) or should West Marin detach from the M&VC District
in the event a mutually acceptable approach cannot be agreed upon?
Jennie Pfeiffer said she also attended the August 10th M&VC District
meeting and that the M&VC District attorney clearly stated that there
is no “mandate” for the M&VC District to spray and that the M&VC
District does not face liability if it does not spray and someone becomes
ill. Also, the attorney said that if the M&VC District does spray,
it can be held responsible if someone becomes ill from the pesticides.
Jennie said she thinks this analysis persuaded some on the M&VC District
board to alter their thinking with regard to the Committee protocol.
Director Smith said that chemical pesticides considered to be on the safer
side must be weighed against risk of WNV. He said he agreed that the
BCPUD should support efforts to get legal advice; while he, too, will be
influenced by the results of the November advisory ballot measure, BCPUD
had a role in the West Marin annexation by supporting it, so BCPUD has an
Director Kimball reiterated that the Committee’s preference is to work out
an approach with the M&VC District and she stated that she is very pleased
that Steve Kinsey is willing to help with that effort. With respect
to Barry’s request for BCPUD to contribute to legal fees, she noted that
while it is not appropriate for BCPUD to shoulder all of the costs, a contribution
along with other West Marin agencies and organizations is the proposed approach.
After some discussion regarding the specific amount to contribute and the
potential use of the funds, Barry Smith said the funds may also be used to
seek an injunction if necessary to protect public health, as well as to explore
the potential for detachment from the M&VC District.
Smith/.Amoroso all in favor BCPUD will
contribute, proportional to the population of West Marin and subject to a
cap of $1500, toward a fund for the West Marin Mosquito Control Committee
to use to obtain legal advice.
Barry thanked the Board for its support. He also stated that in preparation
for the August 10th M&VC District board meeting the Committee had assembled
a packet of information that was sent to all of the M&VC District Board
members by the Committee as it did not trust the District staff to timely
or properly distribute the materials; Barry requested reimbursement
for the associated costs in the amount of $242.31.
McClellan/Kimball all in favor to reimburse Barry
Smith $242.31 for copying and mailing costs associated with the Committee
mailing to the M&VC District Board.
-- Resource Recovery:
Jennie Pfeiffer reported that the project was doing very well and thanked
the BCPUD for ts on-going support. She said the project is seeking
a grinder; they are expensive and the therefore the project is exploring
possible grant funding.
-- West Nile Virus Task Force:
Director Kimball reported that she attended the most recent WNV Task Force
meeting and its is clear the there is not much WNV activity in Marin, although
there is activity in the Central part of California. The number of
reported cases of WNV are much lower this year than last year. However,
lots of spraying is occurring—most recently in the Sacramento area.
As of the prior Monday, August 15th, 24 human cases of WNV had been reported
in the Sacramento area, 10 of which were detected from blood donations;
the people infected were asymptomatic. In Marin to date this year, three
of the dead birds that have been located tested positive for WNV--in Novato,
San Rafael, and Corte Madera.
6. Resolution 523, Citing Board of Directors’ Choices for Determining
2005-06 Appropriations Limit
J. McClellan/V. Amoroso all in favor to adopt
7. Resolution 524, Stating District’s Appropriations Limit
for Fiscal 2005-06
D. Smith/B. Kimball all in favor to adopt
8. Mesa Park: Approval of letter to California Department of Parks
& Recreation, Office of Grants & Local Services
Mark Butler explained that he was requesting the letter prepared by BCPUD
staff on behalf of the Mesa Park Skateboard Project as a formality required
by the Department of Parks and Recreation to release the 70% of the grant
funds needed for the construction phase of the project. Mark has worked
with BCPUD staff to draft the letter, which has been approved conceptually
by the Department of Parks & Recreation Project Officer, Dave Smith.
In response to questions from Director Amoroso, Mark explained that the funds
would be released to BCPUD and Mesa Park and that the funds requested should
cover the project, with the exception of the final phase of paving the parking
area and entrance—but those aspects of the project would be paid for out
of the final $26,000 disbursement of grants funds not addressed by this letter.
Mark said that he will be obligated to provide the Department of Parks and
Recreation with a complete accounting of the project expenditures in order
to obtain the final disbursement of grant funds. Mark said that the
community needs to match $57,000 in labor and other grants; the Skateboard
project has $10,000 from other grants and fundraising. In response
to specific questions from Director Amoroso, Mark said that as far as he
knows, the Skateboard project should not pose any financial liability to
the BCPUD. Director Amoroso said that the greatest potential problem
area seemed to be in the volunteer labor category; after a lengthy discussion,
Mark stated that he did not foresee any problem meeting the volunteer labor
D. Smith/J. McClellan all in favor to authorize BCPUD
staff to send the letter to the California Department of Parks & Recreation.
Director Siedman noted that most of those present in the audience were there
for Item 10 on the agenda, so he would advance Item 10 as the next item for
10. Whitehead New SFD Coastal Permit Application, CP 06-3,
271 Poplar Road, Bolinas
Director Siedman observed that Pam Whitehead has submitted plans to construct
a 3,250 square foot house on her property on Poplar Road and that the water
meter she purchased several years ago has already been approved for transfer.
Director Kimball asked if anyone was present on behalf of the applicant;
no one responded.
Nancy Hayes said that she and her husband are the adjacent property owners;
she has written a letter to the county about the project and has spoken with
the planner. She has asked that story poles be erected, that the setbacks
be marked and that limitations be put on the amount of concrete to be poured.
Nancy is concerned that a garage will be added to the property in the future.
Meg Simonds, another nearby property owner, also expressed concerns about
the height and size of the home as grossly out of scale with the neighborhood;
she said she has also written a letter to the county. Jennie Pfeiffer
noted that the property included a seasonal wetlands and that the amount
of concrete proposed for parking and driveways does not make sense.
She also expressed the view that the house is out of scale to the neighborhood
and that the applicant does not appear to care as she reputedly will not
live in the house. Nicole Young, a neighbor directly across Locust
Road from the proposed project, expressed similar concerns.
Director McClellan inquired whether Ms. Whitehead had applied for an expanded
water use permit; staff responded that she has not yet done so, but
will be instructed in writing to do so in connection with the comments to
be submitted by BCPUD on the coastal permit application. Director McClellan
suggested that BCPUD alert the county to the fact that the size of the proposed
project raises potential conflicts with the expanded water use permit limitations
because the amount of presumed water for septic purposes far exceeds the
amount of water that will be permitted pursuant to the expanded water use
Director Kimball expressed concern about the drainage implications of the
amount of proposed concrete; between the foundation footprint and all of
the driveway and parking area, a lot of water will be displaced to the perimeter
of the property and potentially affect neighboring property and road conditions.
Director Siedman summarized the concerns expressed as follows: (1)
the scale of the proposed house (square footage and height) is way out of
scale for the neighborhood; (2) the seasonal wetlands nature of the property
means that the proposed footprint/parking spaces and driveways will displace
a considerable amount of groundwater, with potential negative impacts on
neighbors and roads; (3) the amount of water to used, as indicated by the
size of the house and septic system, is likely in excess of what the applicant
will be granted under an expanded water use permit; and (4) the neighbors
would like to see story poles erected and setbacks marked.
V. Amoroso/D. Smith all in favor to authorize staff to send a
letter to the county planner expressing the community concerns.
9. Discussion regarding potential BCPUD letter to Mosquito & Vector
Control District and Marin County Open Space District regarding
salt marsh mosquitoes
Director Siedman noted that he regularly plays soccer at Mesa Park and has
never seen a mosquito outbreak as currently exists in the area and down at
Gospel Flats. He said that the BCPUD has been asked by Jeff Commons
to write the M&VC District and the county’s Open Space District to urge
them to abate the outbreak using means consistent with the West Marin Mosquito
Control Committee protocol; these are salt marsh mosquitoes breeding
in the tidal mudflats adjacent to the Bolinas Lagoon. Director Amoroso
agreed that it is an excellent opportunity to urge relief consistent with
the protocol. Director Kimball stated that she has received numerous
phone calls about the problem and that she has spoken with Mark Riesenfeld,
the Interim General Manager of the Open Space District; Mark confirmed
that this is a good opportunity to use the least invasive means possible
to control the outbreak and that he will be supportive. Director Kimball
noted that the timing is critical because of the high tide on Thursday, August
18th; accordingly the biological treatment must occur on either the
following Sunday or Monday.
V. Amoroso/D. Smith all in favor to authorize
staff to send a letter to the Open Space and M&VC Districts endorsing
the use of natural biological treatments to redress the salt marsh mosquito
outbreak near the Bolinas Lagoon.
11. Other Business
a. Board Committee Reports
-- Finance: No report.
Director Kimball indicated that she would make a formal
request at the next Board meeting for BCPUD to contribute money towards a
retirement party for outgoing General Manager, Phil Buchanan. The party
will be at the Bolinas Community Center and open to the community.
-- Legal: No report.
-- Mesa Septic, Flood Control and Roads:
Director Amoroso queried whether action was needed at
this point from this Board Committee; Director Smith observed that
the volunteer committee appears to have disbanded in light of the resignations
of all of the volunteer committee members. Directors Smith and McClellan,
with Director Kimball as alternate, constitute the Board Committee.
Director Kimball reiterated her position that staff should evaluate the most
recent volunteer committee drainage proposal and put together cost estimates;
she noted that a paid part-time project manager likely would be needed.
Rob Gailey, a part-time Larch Road
resident, said that he has been informally involved with the volunteer drainage
committee and that he is a professional hydro-geologist. Rob said he
would be happy to help in any way that he could; he noted that there were
many challenging technical and human facets to any eventual drainage plan.
-- Operations: No report.
-- Park and Recreation:
Director Siedman reported that a Department of Parks and Recreations representative
came out to Bolinas to discuss the reclamation project and was very optimistic
about obtaining grant monies for the project. A final decision is expected
-- Personnel: No report.
-- Sewer: No report.
b. Minutes of July 20, 2005 Meeting
Director Smith recommended changing the word “sewerage” to “sewage” in Item
3 of the minutes.
V. Amoroso/J. McClellan all in favor
to approve the July 20, 2005 minutes, with Directors Smith’s recommended
D. Smith/B. Kimball all in favor
to approve the warrant list.
d. Scheduling of Next Meeting(s)
September 21, 2005
Director Siedman noted that all incumbents and Stacey Henderson have filed
to run for the Board of Directors. Staff was requested to include an
item on the September agenda for the scheduling of Candidate’s Night.