Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
August 20, 2003 270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Bertsch, McClellan, Siedman present
Director McClellan presiding
Director Kayfetz arrived at 8:14 p.m.
3. Manager’s Report
The project to replace 500 feet of water distribution
main on Iris Road, between Elm and Ocean Parkway, is now complete.
On August 12, a motorist attempting to turn his truck
around at the intersection of Daffodil and Queen bumped a fire hydrant and
broke it off. Approximately 30,000 gallons of water were lost before
the hydrant valve was closed. On the morning of August 13, multiple
leaks had developed in the system, concentrated around the Birch and Cedar
Roads areas. Whether the rapidly changing velocity of the water in
the system caused by the hydrant break and subsequent closure contributed
to the leaks is open to conjecture. The biggest of four leaks was on
the Birch Rd line between Poplar and Larch, a line that needs to be replaced
because of its poor condition.
The budgeted purchase of a used truck to replace the aging
Toyota is progressing well. Staff has an oral agreement to purchase
a 1999 Ford Ranger from a private party in Corte Madera. A reputable
mechanic has conducted a thorough evaluation of the truck and stated that
it is in nearly perfect condition. Mileage is 26,000. As
soon as a lien-free title is returned to the seller by the DMV, the deal
will be consummated.
The Notice to Contractors for the 270 Elm Road Exterior
Painting Project will be published in
the August 28 Point Reyes Light, with contract award scheduled
for the September Board of
The Notice to Contractors for the West Tank Cathodic Protection
Project will be published in
the September 25 Point Reyes Light, with contract award
scheduled for the October Board of
Excavation of the upper dam on the Arroyo Hondo is tentatively scheduled
for the latter part of September. The last excavation was in August,
1998 and significant capacity has been lost since then due to gravel and
StuArt has proposed painting and erection of a sign in front of the BCPUD
office to replace the one destroyed by a falling tree limb during a winter
storm. There were no objections from Directors subject to staff’s
researching current Marin County sign permit requirements.
4. Community Expression
Director Amoroso noted that Cheryl Chester, the environmental engineer who
provided guidance to the Community Paths Group during design of the
Olema-Bolinas Road phase of the project, is running for governor in the October
7 recall election.
5. Bolinas Community Firehouse & Clinic (BCFC) Project presentation
By way of introductory remarks, Kim Bender, Capital Campaign Director explained
that she was originally hired as a grant writer and then her role expanded
when Martina Johnson became ill.
In presenting the proposed project, Bender described the seismic inadequacy
of the existing firehouse and the lack of Americans with Disabilities Act
compliance of Bolinas Family Practice’s downtown location.
Showing the site plan, Bender noted that the Reach Helicopter uses the soccer
field adjacent to the firehouse as a landing zone. If the clinic and
firehouse were both adjacent to that site it would be a significant benefit.
She also explained the interrelationship of Mesa Park’s water reclamation
project and the clinic/firehouse complex: without the proposed sewer connection,
the firehouse would need the space reserved for the clinic for a new mounded
Bender then summarized some of the financial aspects of the project.
The Capital Campaign Committee is looking for money from all sources.
They have already raised $150,000 from private donors. Other
grant and donation sources are the Tide Foundation and Marin Community Foundation.
The goal is to raise as much as possible prior to the March, 2004 bond measure.
Bender noted that public financing experts say bond issue approval is important,
both economically and in demonstrating community support. Current projections
envision borrowing $1.3 million from the United States Department of Agriculture’s
Rural Development Program with an annual assessment on the property tax bill
of $85 per developed parcel and $25 per undeveloped parcel.
The goal is to raise another $800,000 in private grants and donations.
Director Kayfetz voiced concern about possible resentment among non-resident
owners of undeveloped parcels being forced to pay $25 per year with no vote
on the bond measure. Bender indicated the committee will deal with
that issue when it arises.
Director Amoroso sought to dispel a rumor that the Stinson Beach clinic would
be closed if the new Bolinas clinic is built. Bender stated that
absolutely was not the case, that no clinic functions would be added to the
Bolinas facility because of the increased space. She also noted that
there will be an ambulance bay built into the new firehouse that Marin County
may fund in the future, thereby providing Bolinas residents a faster response
time. Also, the present Bolinas Clinic turns people away now because
of lack of space. The proposed facility would mean better care for
all who need it, and it would be designed for easy access to helicopter transport.
Kayfetz asked about the deadline for Region’s approval of the sewer connection.
Apparently, placement of the bond measure on the ballot, 88 days before the
March election, would be the date by which BCPUD needs to know that Region
would allow the sewer connection.
Expressing concern over being squeezed into taking legal risks, and the reclamation
project engineers completing their work in a timely fashion, Kayfetz commented
that the schedule looks tight and urged Bender to push key participants to
make it happen. Director Siedman stated he expects the final draft
of the project report by September 1. HydroScience, the engineering
firm designing the reclamation facility and sewer pump station, will seek
RWQCB’s approval. Siedman suggested that BCPUD can complete it’s part
of the process at the September, 2003 meeting.
Amoroso raised concern about the money needed to operate the reclamation
facility, estimated at $16,000 annually. Kayfetz, emphasizing
that the reclamation project could increase BCPUD’s operator certification
requirements, stressed that the District will need answers about certification
and funding before committing to the project.
A discussion regarding the project’s impact on the water moratorium followed,
with issues being raised by Bill Lyons, Matt Lewis and Joel Braverman.
Jack Siedman said the expanded water use permit process could handle the
new uses, noting that a previous analysis suggested that the total usage
at the complex would not exceed that of an average single family dwelling.
In response to Joel Braverman’s asking the Board if it were certain the project
is no threat to the moratorium, Amoroso indicated that it would not be a
problem if handled in the same manner as every other application. Director
McClellan indicated, and Amoroso agreed, that when the time comes, the Board
will follow the permit process and the firehouse/clinic complex will have
to live within the established limit on water use.
Amoroso asked Bender about the statement in the capital campaign brochure
that the proposed project would be the first significant improvement in infrastructure
in the last 20 years, adding as an aside that BCPUD has spent several million
on water and sewer infrastructure in the past 20 years. Although the
brochure doesn’t mention it, Bender indicated it meant the first improvements
except for water and sewer.
6. Mesa Park: reclamation project engineering report
Director Siedman indicated there was nothing new to report that was not mentioned
in the previous item.
7. Bolinas Community Plan Provisions and Other Permit Requirements
- Downtown Signage and Use Permits: Coast Café; 2 Mile Surf
Director Amoroso recused himself, noting that he is a
downtown business owner with a sign. Amoroso described a process over
twenty years ago when Director Kayfetz filed a complaint regarding the Grand
Hotel’s sign. Amoroso subsequently appeared before the Marin County
Planning Commission and received a sign permit. Rodney Krieger noted
that the Grand Hotel’s sandwich board placed out on the sidewalk during business
hours is not legal. Amoroso said it was included in the original permit
but the code has changed and he was not sure how the code currently applies
to this situation.
Kayfetz recounted all the calls he’s received from people
complaining about the new Coast Café sign, the town’s growing presence
on the internet, the Yahoo maps showing the way to town and similar publicity.
He thought it would be good to provide a forum to discuss the issues and
he observed that BCPUD is required to process an Expanded Water Use Permit
application if work is done that would require a building or use permit.
Director Siedman asked why 2 Mile Surf shop was placed on the agenda and
Kayfetz indicated it was because that business may need a use permit.
A broad discussion ensued, with active participation by
many of those in attendance at the meeting, on issues ranging from the difficulties
finding a place to park downtown and the extent to which the 2 Mile Surf
Shop and the Coast Café have played a role in that, to philosophical
statements regarding the character, values and attitudes of townspeople,
and the ultimate role of the Bolinas Community Plan in guiding the actions
of local businesses. Repeatedly, the generally civil discussion
returned to the issue of traffic congestion and parking in the downtown area.
Returning to the subject of the Coast Café, Kayfetz
asserted that BCPUD is long overdue in initiating an Expanded Water Use Permit
process. He alleged that the café’s owner, David Liebenstein,
has entered into agreements regarding seating capacity and parking accommodations
that he has not lived up to. If a Marin County restaurant has
more than 40 seats it needs a use permit. Kayfetz, visiting the establishment
prior to the meeting, counted 130, 60 inside, 40 in the side
patio and 30 more in the roped off front area. Kayfetz charged that Marin
County enforcement officer Debbie Poiani knows about the work Liebenstein
has completed without permits – an expanded kitchen, new bathrooms and the
Kayfetz argued that the County of Marin Community Development Agency practices
unequal enforcement of its regulations. He made the following motion:
Kayfetz/Bertsch Kayfetz and Bertsch ayes, McClellan
and Siedman nays, Amoroso abstaining motion fails
to send Liebenstein a letter pointing out that he’s apparently tripled the
size of the business above the limit for a use permit and directing him to
apply for an expanded water use permit. Additionally, the Board is
to send a letter to Marin County CDA saying the Board has heard testimony
that the Coast Café has expanded to the point where it is up to the
County to initiate a use permit process.
Director Amoroso suggested drafting a letter to Liebenstein
summarizing the comments made during the meeting and giving him a chance
to respond at the September meeting. Director McClellan
commented that everybody knows parking is horrible downtown, that parking
requirements are used as an indirect way to pressure businesses that others
may not approve of. He said the process is very distasteful to
him and stated that the Board of Directors shouldn’t be in the business of
complaining to the County about a property owner’s permit situation, arguing
that it sets a dangerous precedent.
Siedman/Kayfetz 4 ayes, Amoroso
abstaining to send a letter to David Liebenstein
summarizing the discussion and indicating that this matter will be on the
agenda of the September meeting. Liebenstein will be asked to attend
the meeting and respond to the claims and comments heard at this meeting,
and to tell the Board about work he’s done at the Coast Cafe. The letter
will inform Liebenstein that, if warranted, the Board will consider an expanded
water use permit at the September meeting. If he refuses to attend
the meeting or address the concerns in any way, the Board might then
refer the matter to the Marin County Community Development Agency.
Director Bertsch noted that downtown activities rise to
a higher level of scrutiny than elsewhere in the District because the community
voted on and the Community Plan is specific about the nature and scope of
downtown business activities. She emphasized the need for people engaged
in commercial activity to adhere to the Bolinas Community Plan.
The discussion continued with Amoroso restating the generally
shared view that parking is the crux of the problem.
ayes, Kayfetz abstaining
to reconstitute the Downtown Parking and Traffic Committee by putting the
matter on the September agenda and seeking applicants to be appointed to
8. Mosquito Abatement
BCPUD Community Liaison Stacey Henderson reported on the current status of
vector control. The Marin-Sonoma Mosquito and Vector Control
District can no longer provide advisory and inspection services because of
budget reductions. West Marin opted out 25 years ago. Henderson
described the situation as urgent in light of the West Nile Virus threat.
She suggested that we, as individuals, work to abate the problem on our own
properties, and for all the west Marin communities to come together
to develop a regional solution. Henderson recommended asking Steve
Kinsey to get a group together to look into funding and organization.
West Nile is real and is hitting Southern California now. A council
was formed in east Marin a year ago, and west Marin community representatives
were not invited to the meetings. Henderson wants to be involved in
the work of the council and will seek help in that regard from Marin County
officials. Staff urged Henderson to submit an article by September
10 for the BPUD Pipeline, summarizing her ideas and the information she’s
collected from various sources.
9. Mesa Drainage Pilot Project: progress report and phase
Ad Hoc Committee Chair Andrew Blake was unable to attend the meeting.
Director Bertsch reported in his stead.. The plan is to finish the
survey and verify the placement of five culverts. Don Murch is to prepare
an estimate. Matt Lewis is working with Stacey Henderson on a
flyer for neighborhood education. The committee is requesting a rolling
tape and a metal detector but committee member Rob Rich said they have found
most of the monuments already and thinks they can do without the metal detector.
Bertsch and Blake plan to meet with Marin County Survey Chief Don Hobbs regarding
existing survey information.
Board President McClellan appointed both Steve and Armida Newstedt to the
ad hoc committee. They expressed concern about downstream flow increases.
Steve would like to take the committee around the neighborhood and show them
10. Roads: Maintenance Permit applications: Stein –
100 block of Juniper;
Traub – 300 block of Juniper; update
on visibility obstructions
Both applications call for minor grading and filling of
potholes with no ditching.
Bertsch/Siedman 4 ayes, Kayfetz absent
to approve Stein application.
Bertsch/Siedman 4 ayes, Kayfetz absent
to approve Traub application.
Bill Lyons and Rob Rich asserted that an improperly installed and undersized
culvert had been placed under a new driveway on the west side of the 60 Mesa
Road property. Staff will write a letter to Department of Public Works
if the culvert is found to be out of compliance with Marin County Code.
Matt Lewis brought up the Overlook/Poplar visibility obstruction issue again.
The property is owned by the brother of Marin County Administrator Marin
Riesenfeld. Lewis asserted that Supervisor Kinsey has looked at the
site twice and is reluctant to deal with it.
Amoroso/Bertsch all in favor
to direct staff to send a letter to Marin County Department of Public Works,
with copies to Supervisor Kinsey, the Point Reyes Light, and the property
owner, restating the District’s concern that the lack of visibility at the
corner of Poplar and Overlook is a hazard and in violation of the Marin County
Code The letter will note that despite repeated requests, nothing has
been done, so BCPUD wants to make it part of the formal record that Marin
County and the property owner are on notice. Earlier correspondence
will be attached and the letter will indicate that the Board’s action was
11. Request for Variance – Expanded Water Use Permit: Pepper
– 10 Terrace
During the period prior to granting of the original expanded water use permit,
usage was not typical of a single family dwelling. There was a significant
length of time when the house was not occupied and subsequently the maximum
quarterly allowance was below typical use. The owner has requested a variance
to increase the maximum allowance to the system-wide average of 2,500 c.f.
Kayfetz/Amoroso all in favor
to amend the permit, increasing the maximum quarterly
allowance to 2,500 c.f.
12. Resolution No. 491, Citing Board of Directors' Choices for Determining
Kayfetz/Siedman all in favor
to adopt Resolution No. 491.
13. Resolution No. 492, Stating District's Appropriations Limit
for Fiscal 2003-04
all in favor to adopt Resolution No. 492.
14. Other Business
a. Committee Reports
The Board received
the 4th quarter financial report and a progress report on the 2002-03
audit process. Field work was concluded with no apparent problems earlier
in the day.
-- Mesa Septic, Roads and Drainage:
Matt Lewis is working on a draft letter explaining the organization and tasks
of the Ad Hoc Drainage Committee and asking for the support of the community
for the pilot drainage project.
Resource Recovery Project – The Board received the financial report for July,
2003. Community Paths Group – The District has received a copy of a letter
from Marin County Department of Public Works to CalTRANS that states
for the record that Marin County DPW is handling phase 1of the bike/pedestrian
paths project if and when they receive the grant money and that BCPUD is
the lead agency on phase 2, the parts situated primarily on District-owned
-- Solid Waste:
Waste Management is preparing to distribute the new refuse, recycling and
green waste containers over the next two weekends. They will
stage the shipping and distribution of the containers at the Mesa Park parking
b. Minutes of July 16, 2003 Meeting
Kayfetz/Siedman all in favor
to approve the July 16, 2003 meeting minutes.
Kayfetz/Siedman all in favor
to approve the warrants.
d. Scheduling of Next Meeting(s)
September 17, 2003