Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
October 15, 2003 270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Bertsch, Kayfetz, Siedman present
Director McClellan absent
Director Bertsch presiding
3. Manager’s Report
Following the September 17 meeting, during a staff discussion with Director
Amoroso, the question arose as to whether more than 2 governing board members
may attend a committee meeting if the meeting is held pursuant to Brown Act
notification requirements. Amoroso referred the question to Marin County
Counsel. It is County Counsel’s opinion that anytime more than 2 directors
attend a meeting, it must be a board meeting. There were no objections
to making district policy conform. Director Amoroso pointed out that
decisions made in violation of Brown Act requirements can be declared null
The excavation of the upper Arroyo Hondo dam is now complete, with full capacity
The project to replace the drain valve between ponds 2 and 3 at the sewerage
treatment facility also has been completed.
A local man has requested work from the district to fulfill a community service
requirement. Staff suggested night watch duty might
be useful while scaffolding is in place for the 270 Elm Road Exterior Painting
Project. There were no objections.
Two color schemes for the exterior painting project were shown to Board members
and the audience. Directors and the audience were virtually unanimous
in their choice of gray for the stucco, with a darker shade for the fascia
and eves. The door and window trim will remain dark green.
Stacey Henderson has asked to be appointed to the Marin County West Nile
Virus Task Force. Dr. Fred Schwartz, head of the task force, has indicated
BCPUD should request agency membership on the task force and should designate
Henderson as its official representative. The item will be placed on the
agenda of the November regular meeting.
General Manager Phil Buchanan will be away from the office November 6 through
12. The office will be closed November 11, Veterans’ Day, and temporary
hire Stephanie Hammerman has agreed to work 9 a.m. to 1 p.m. November 6,
7, 10 and 12.
Director Amoroso requested that the draft resolution authorizing application
for a planning grant to study the feasibility of Mesa Park’s water reclamation
project be moved from Committee reports and incorporated in the discussion
of Item #5. There were no objections.
4. Community Expression
Directors received correspondence from Stacey Henderson requesting consideration
citizens with mobility impairments when making decisions regarding road access,
the Marin County Community Development Agency regarding a proposed new wood
Andy Blake announced his withdrawal from the November 4 election to the Board
David Liebenstein announced that October 20 is to be Coast Café Customer
Greg Hewlett asked when the newly re-formed Parking Committee will meet.
Bertsch suggested convening the committee for its first meeting sometime
after the beginning of November. A discussion followed
regarding Bolinassurf.com, the 2 Mile
Surf Shop’s sign, relative amounts of parking fines in Stinson and Bolinas,
and the degree to which Bolinas is visible on the internet. Director
Amoroso noted that nothing will happen to the surf shop’s sign if nobody
complains to County of Marin because the Board is unwilling to be the complainant.
Director Kayfetz explained that the County has jurisdiction over parking
and signage and if anyone believes a given situation flies in the face of
the Bolinas Community Plan, they need to report it to the Community Development
Agency. Staff reported that its web site’s link to the California
Coastal Records site has been removed.
5. Bolinas Fire Protection District: firehouse/clinic project–projected
expanded water use limits; lot line adjustment request
Acting Fire Chief AnitaTyrrell-Brown described the Fire District’s need during
its current planning process for guidelines regarding restrictions that may
be placed on water use for the new complex. Although sleeping
accommodations will be expanded, and the new clinic building added, the only
immediate change to projected water use will be a laundry to meet OSHA requirements
for turnout gear.
Director Amoroso suggested handling the Fire District’s application the same
as any other Expanded Water Use Permit application; that is, if a conditional
permit is approved, the Maximum Quarterly Allowance would be based on usage
in the 12 months prior to filing of the application, pursuant to section
6 of Resolution 173. If imposition of such restriction is unjust or
unfair because the prior 12 months’ usage either cannot be determined or
is below average usage, a variance could be granted pursuant to Resolution
Amoroso/Kayfetz 4 ayes, McClellan
absent to write a letter to Bolinas Fire
Protection District stating that the limit would be 50% greater than the
system wide average at the time of the filing of the permit application.
With respect to the request for a lot line adjustment that would result in
a transfer of a strip of land 15’ wide by 220’ long from BCPUD to BFPD, District
Counsel’s opinion is that we must either show public benefit to BCPUD or
receive fair market value for the land. Calculations based on
original purchase price and increases in the CPI from 1979 to the present
indicate a fair market value of approximately $1,000.
Kayfetz/Siedman 4 ayes, McClellan
absent to authorize
the General Manager to handle the lot line adjustment, contingent on the
firehouse/clinic project coming to fruition, and subject to BCPUD not incurring
any expenses in connection with the transfer.
Jenny Pfeiffer, objecting to the Board’s action and expressing her disappointment
that the community will have no say in the adjustment, said she thought
it should have been subject to an advisory poll.
A planning grant is available for a feasibility study of the Title 22 Water
Reclamation Project, including an examination of alternatives to the HydroScience
design. Resolution 496 would approve the District’s applying for the
planning grant. A discussion ensued regarding whether Mesa Park Board
member Andrew Blake would submit a proposal for conducting the study.
Blake indicated he would since the work falls within his area of expertise.
Director Kayfetz expressed opposition to a member of the Mesa Park Board
profiting from a grant to examine its project and Blake indicated he planned
to resign his seat on the board. Kayfetz described that as the revolving
door approach and questioned the propriety of such a move. Director
Siedman pointed out that no decisions have been made about the planning grant
or the work it would finance. He urged the Board to apply, reminding
Directors that they will have the final approval of the contract.
There were no objections to Amoroso’s proposal to continue consideration
of Resolution 496 to the November 19 meeting, and Andy Blake stated that
if the Board has a problem with his submitting a proposal for the work he
won’t do it.
BFPD’s capital campaign manager Kim Bender explained the need to uncouple
the Title 22 Water Reclamation Project and the project to install a lift
station and direct connection to the sewerage treatment facility. She
requested a revised letter to the Regional Water Quality Control Board regarding
the sewer hookup. Amoroso noted that the amount the Board is indicating
it will approve as a Maximum Quarterly Allowance is less than 2/3 of 1% of
the plant’s total influent.
Amoroso/Kayfetz 4 ayes, McClellan
absent to authorize the General Manager to
distribute the proposed draft letter to both the BCPUD and BFPD Boards for
comments and suggestions prior to mailing to RWQCB’s Executive Officer Loretta
Jenny Pfeiffer asked what happened to the proposed firehouse/clinic sewer
connection being contingent on the reclamation project increasing capacity
at the ponds? Amoroso responded that the capacity argument doesn’t
work and that he, for one, was willing to drop it. Pfeiffer contended
that the properties on Overlook Drive should be hooked up to the facility
if BCPUD is going to allow BFPD to connect. Amoroso responded by saying
that people on Overlook wouldn’t want to connect and pay the hefty annual
fee because their systems work fine. Overlook resident Jody Angel disputed
Amoroso’s assertion, saying she would like very much to be connected to the
Kayfetz asked Siedman about the $8,000 the District loaned Mesa Park for
the Oswald reclamation project engineering report. An argument followed
between the two regarding the relative value of Mesa Park’s engineering reports.
Siedman noted that the planning grant would pay for a review of the engineering
work done to date, and could help BCPUD recover the $8,000. Kayfetz
asked Siedman if Mesa Park is going to repay the $8,000 loan. Siedman said
6. Expanded Water Use Permit Application: Liebenstein
project location: 46 Wharf Road (Coast Café)
Coast Café owner Dave Liebenstein, who at meeting time had not filed
the expanded use application form, began the discussion by making 4 points:
The 1999 permit issued by Marin County was for installation of a grease trap
on the kitchen sink drain and had no impact on water use; the Coast Café’s
water use went up when Bolinas Bay Bakery went out of business; the bathrooms
he built replaced the old restroom in the restaurant and the bathroom in
an illegal dwelling on the property. The restrooms are ADA compliant
and the illegal dwelling is no more; the so-called cook shack simply houses
an espresso cart, fully portable, with no hard plumbing. He urged the
Board to grant him an unconditional permit.
Following Liebenstein’s presentation, there was a detailed discussion, ranging
from observations that the Coast Café continues to expand without
regard for local concerns, to apparent inconsistent enforcement efforts by
Marin County Community Development Agency. Comments varied from expressions
of disappointment on the part of some in attendance that Liebenstein will
not discuss their concerns regarding his rooftop sign, to speculation about
possible ramifications for other downtown businesses if BCPUD urges County
of Marin to initiate a use permit process.
Director Kayfetz offered a motion, followed by further discussion.
Director Amoroso offered an amendment and Kayfetz accepted it.
Amoroso and Kayfetz ayes, Bertsch and Siedman nays, McClellan absent
motion fails to request Marin County investigate
and report to BCPUD on Marin County permit requirements for the Coast Cafe.
Director Bertsch recommended continuing the Expanded Water Use Permit application
to the November meeting. There were no objections to Amoroso’s request
that the item as listed on the agenda include the possible consideration
of a letter to Marin County CDA regarding the applicability of a use permit
7. Coastal Permit (CP 04-5) Use Permit (UP 04-7) Expanded Water
Use Permit (03-04) Applications and Variance Request: Thompson.
project location: 385 Ocean Parkway
The applicant proposes to remodel the existing residence, adding a bedroom
and bathroom, but making no change to the footprint of the structure.
Because the house has been used very little for most of the past 12 months,
the applicant has requested a variance to increase the Maximum Quarterly
Allowance to the current system average.
Kayfetz/Siedman 4 ayes, McClellan absent
to approve a conditional permit, with a variance to increase the Maximum
Quarterly Allowance to 2,500 cubic feet.
8. Coastal Permit (CP 02-26): Finkelstein. Review of conditions
project location: 35 Queen Road
The coastal permit is for a vegetation restoration project on the edge of
the cliff. The permit was required after the owner removed all the
plants from a section of the Queen Road right of way adjacent to the cliff
and from an area below a neighbor’s house, in preparation for building a
garage. The permit for the garage was denied by the County and the
applicant was told to apply for a Coastal Permit to restore the vegetation.
Since the work began there has been friction between the applicant and his
neighbors regarding the degree to which he is complying with or violating
the conditions of the Coastal Permit.
Director Kayfetz demanded to know why BCPUD is involved at all, citing the
inconsistency with its position on the Coast Café matter. Director
Siedman noted that BCPUD became involved when unauthorized work was done
in the Queen Road right of way -- BCPUD property. Director Bertsch
suggested the District write a letter to Finkelstein, with a copy to the
Marin County CDA, saying BCPUD has received complaints and urging him to
comply with the Coastal Permit conditions. Director Amoroso suggested
Finkelstein and Dolores Richards, the neighbor, need to communicate with
one another. Amoroso urged Finkelstein to talk to Richards and respond
to her concerns so he doesn’t have to keep coming to BCPUD meetings to explain
himself. No further action was taken.
9. BCPUD’s Pine Gulch Creek Property: fencing proposal; correspondence
from adjacent property owner’s attorney re alleged water pollution
Tony Lewis has found grant funding to construct a riparian fence along Pine
Gulch Creek where it intersects BCPUD’s property. The fence would
prevent the neighboring property owner’s cattle from getting in the creek,
thereby enhancing the steelhead and coho restoration project.
The neighboring property owner’s ranch manager, Bobby Heffelfinger, was in
attendance. He repeated a demand made in two recent letters from the
owner’s attorney, to know who made the allegations about water pollution
stemming from his ranching activities. The charges were reported as
unconfirmed in a letter the District sent to the property owner. He
argued that his cattle are not detrimental to the fish and that the section
of the creek running through BCPUD’s property is not a spawning area.
He further testified that the only herbicide he uses is 2-4-D, approved by
Marin County Agricultural Extension Service, and that he does not use it
on BCPUD property.
Tony Lewis indicated that the funding source for the fence project will decline
to participate in the project if it is a contentious and adversarial process.
Director Amoroso asked Heffelfinger if he objected to the fence if he loses
no grazing space or access to water. Heffelfinger said he did object
because the cattle cross the stream to get to shade under the trees.
After further discussion, he indicated he would be willing to talk about
the proposed fence, but was making no promises of cooperation.
Staff will prepare a draft letter to the neighboring property owner, suggesting
that the discussion at this meeting was a constructive one, that BCPUD would
like to build the fence, with accommodation for the cattle, because with
construction of the fence the other issues may become moot. The draft
letter will be sent to Heffelfinger and the owner’s attorney, requesting
their review and comment before it goes to the property owner.
The names of all recipients of BCPUD’s initial letter of concern regarding
creek pollution will be provided to the owner’s attorney. The letter
will suggest that the District wants to work with the neighboring owner to
resolve any differences that may remain following construction of the fence.
10. Resolution 495, Awarding Contract for Water Storage
Tank Cathodic Protection Project
Kayfetz/Siedman 4 ayes, McClellan
absent to approve Resolution 495,
awarding a contract to American Construction & Supply, Inc., of Mill
Valley, for installation of cathodic protection on the second of two steel
water storage tanks on Mesa Road.
11. Mesa Drainage Plan: pilot project; Ad Hoc Committee report
on 9/24 and 10/1 meetings
The scope of work at this point is the replacement of two culverts on the
Larch right-of-way, one at Dogwood and one at Evergreen. Marin County
Public Works indicates that no permits are required. BCPUD has asked
for written confirmation of that opinion but none has been received to date.
Director Amoroso asked about a report from one of the committee members that
culverts put in at the correct elevation will be below the Larch right-of-way
grade. Committee chair Andy Blake indicated that is problematic.
Director Bertsch reminded the Board that this is a small test project to
see what the result will be if up to 5 culverts are installed in the Larch
right-of-way, with adjacent property owners being encouraged to key their
drainage work to the benchmarked culverts.
Staff will send another letter to Marin County DPW, indicating BCPUD is scheduling
the work and will assume, if there is no negative response to the letter
within 10 days, that DPW’s earlier oral representation that no permits are
needed is correct.
Next drainage committee meeting is November 5, at 5 p.m. in the District
office. Staff will mail and post the meeting notice.
Al Hettich, the property owner adjacent to and immediately downstream from
the Evergreen and Larch intersection, requested BCPUD provide him with half
a dozen sandbags so he can block the culvert outlet if his property begins
to flood. Amoroso suggested that some means of measuring the flow be
12. Other Business
a. Committee Reports
-- Alternative Energy:
The Board received the latest anemometer data.
-- Finance: 1st Quarter Financial
The Board received
the 1st Quarter Financial Report.
-- Mesa Septic, Roads and Drainage:
-- Park and Recreation: Design Proposal
– Reclamation Facilities
-- Sewer: Resource Recovery
Project; Community Paths Group
The community paths project is progressing.. The committee may be ready
to present something to community in the next 2 or
-- Solid Waste:
Waste Management is still in the adjustment process, both with the
rollout of the new containers and greenwaste service, and with the revised
rates. The first two billing statements under the new contract
contained the old rates, but the bills for the 3rd quarter appear to contain
the required retroactive adjustments.
b. Minutes of September 17, 2003 Meeting
Kayfetz/Siedman 4 ayes, McClellan
absent to approve the minutes.
Kayfetz/Siedman 4 ayes, McClellan absent
to approve the warrants.
d. Scheduling of Next Meeting(s)
November 19, 2003