Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
December 17, 2003 270 Elm Road, Bolinas
1. Call to Order:
Directors Amoroso, Bertsch, McClellan, Siedman, Smith
Director McClellan presiding
3. Manager’s Report
Recently completed small projects include: installation of a new line valve
on the Evergreen main, near Mesa Road; replacement of the Iris Road main
between Elm and Ocean Parkway; replacement of the Walnut main between Larch
and Poplar; excavation of the Arroyo Hondo upper dam and repairs to the catchment
basin; and, replacement of the line valve between ponds 2 and 3 at the sewerage
treatment facility. Total costs are approximately $39,000. Still
to be completed is the installation of cathodic protection on the west water
storage tank and exterior painting of 270 Elm.
Board members received several documents related to the Smadbeck quit claim
deed. The deed effectively transferred ownership of the 270 Elm Road
property, the unpaved rights of way and certain parklands to the Bolinas
Property Owners Association, with title passing to the Bolinas Beach Public
Utility District upon its formation in 1937. With the proposed development
of cliff-side property near Juniper and Kale apparently now quashed, ownership
of 49.5 acres near the cliffs between Overlook Drive and Duxbury Point may
become less of an issue.
Board members received brochures promoting attendance at the California Special
District Association’s series of workshops on Governance.
Board members received a copy of a follow-up letter on the Salwen project
written to the Marin County Community Development Agency by neighbor David
The deadline is January 31, 2004, for written comments on the National Park
Service’s General Management Plan Update for Point Reyes National Seashore
and the Golden Gate National Recreation Area. This item will be placed
on the agenda of the January 21, 2004 Board of Directors meeting.
The Regional Water Quality Control Board is now considering the District’s
proposal to provide a sewer connection for the Firehouse/Medical Clinic project.
Recent correspondence with RWQCB engineer Blair Allen was received by Board
BCPUD has a new primary contact for all matters related to municipal water
quality at the Department of Health Services, Erica Wolski. She
has offered to investigate treatment options for reduction of trihalomethanes.
The draft winter issue of Pipeline is nearly ready for printing.
Staff requested comments and suggestions by noon on Monday, December 22.
4. Community Expression
There were no items of community expression.
5. Seating of New Directors: certificate of election; oath
Re-elected incumbent Director Victor Amoroso, and newly elected Director
Don Smith signed the Oath of Office and received their Certificates of Election.
Director Smith submitted a completed Form 700 Statement of Economic Interests,
required annually of all publicly elected officials, and also for governing
board members assuming and leaving office. Former Director Paul Kayfetz
submitted his final Form 700 in November.
Immediately following the November 4, 2003 election, results indicated that
Smith had bested Amoroso by 2 votes. Amoroso, humorously noting the
self-serving nature of his remarks, pointed out that the Marin County Clerk’s
final certified tally made Amoroso the top vote getter, with 370, while Smith
finished second with 368. The other three candidates on the ballot
received a combined total of 196 votes.
6. Proposal To Seek Legal Opinion: Board/Committee Brown Act
The version of the Brown Act in the meeting binders is out of date.
The 2003 version, with amendments, appears to conflict with an oral opinion
Director Amoroso received from County Counsel in October regarding attendance
by a majority of governing board members at committee meetings. Staff
will communicate with County Counsel, pointing out sections 54952.2(c)(2),
54952.2 (c)(4), and 54952.2(c)(6), and asking for a response. Section
54952.2 (c) states, in part: “Nothing in this section shall impose the requirements
of this chapter upon … the following: (6) The attendance of a majority
of the members of a legislative body at an open and noticed meeting of a
standing committee of that body, provided that the members of the legislative
body who are not members of the standing committee attend only as observers.”
7. Expanded Water Use Permit Application: Liebenstein.
46 Wharf Road (Coast Café)
Director McClellan opened the discussion, continued from the November meeting,
by asking what specific event triggered the initiation of the permit process.
Director Siedman noted the cumulative impact over an extended time of apparent
improvements and expansions of the operation that coincide with a doubling
of water usage in the past five years. Director Smith pointed out that
BCPUD has a moratorium on new water hookups because water is scarce, and
the Coast Café is a major user.
McClellan argued that the purpose of Resolution 173, Section 6, was not to
conserve water but to share the burden of the moratorium. With respect
to the restaurant’s rooftop sign, he stated that if residents don’t like
something that is happening downtown, they should complain to the permitting
authority, not push BCPUD’s regulations out of shape to achieve their ends.
Director Bertsch stated the Board should do nothing, including granting an
unconditional permit. Director Amoroso agreed, stating it might be
better to take no action, since future developments might require the Board
to reconsider. Director Siedman indicated there is no demonstrated
basis for continuing with the permit process. Concluding the discussion,
the Board declined to act on the permit.
8. Expanded Water Use Permit – Request for Variance: Spangler.
11 Wharf Road (Blue Heron)
The Blue Heron’s Expanded Water Use Permit restricts it
to 4,200 cubic feet per quarter. The business has had difficulty
complying with the limit. The owners, noting they use much less water
than other food serving businesses in the downtown, have requested a variance
to increase the limit to 8,000 c.f. per quarter. Director Amoroso
questioned the need for an increase of this size, since the establishment
has not exceeded 6,200 cubic feet per quarter anytime in the past four years.
4 ayes, Amoroso opposed
to grant a variance, increasing the maximum quarterly allowance to 6,500
cubic feet per quarter.
9. Roads: Complaint Re Unauthorized Road Work at Poplar and
Kale; proposed Department of Public Works survey agreement; update
on pilot drainage project
The Board considered the proposed Department of Public
Works survey agreement first.
Andrew Blake, Chair of the Ad Hoc Drainage Committee, explained that the
District needs the survey work because there are not enough monuments
to implement the drainage plan.
Director Amoroso commented that BCPUD has approved $3,500
seed money to pay for documentation of existing control points. Blake
agreed the District approved that initial expenditure but explained that
Marin County had no contract for it. That initial phase is included
in the current proposal, which also provides for additional monumentation
and provides a record of survey.
Director Amoroso expressed skepticism, stating that BCPUD
has not spent a penny in the last twenty years for any of the instances where
someone thought it would be good if we knew exactly where a boundary line
was. He also emphasized that, if the work goes forward, the cost should
be assessed to those who benefit, i.e., owners of property within the area
of the Mesa Drainage Plan.
Director McClellan argued that the District has, in the
past, allocated costs to all ratepayers for work that benefited only
a handful of customers. As an example, he cited the distribution line
and pump station meant to serve 6 connections on Mesa Road west of the treatment
Blake argued that the proposed survey will benefit more
than just the residents of the Mesa.
Bertsch/Amoroso all in favor
to approve the agreement and budget accordingly, with Mesa residents
paying for it unless it can be shown to be of a clear benefit to the entire
The Board then turned to the complaint of unauthorized road work, filed by
Andrew Blake against Jerry Tergis. Blake summarized his problems
with Tergis by stating that Tergis doesn’t consult with the West Poplar Road
Maintenance Group, as required by District Ordinance 30, and that he actively
works against the goals of the neighborhood group. Tergis’ daughter,
Amber, attended as his representative. She said that he removed speed
bumps when neighbors complained. She also noted that she and her husband
were going to become more involved in gardening on the Tergis property next
spring, that they plan to lay drainage pipe and backfill a ditch on Kale
Road that has been an ongoing source of contention, and that they want to
resolve the conflict. Director Amoroso encouraged her to work with
Siedman/Bertsch all in favor
to notify Tergis, by letter, of the Ordinance 30 requirement that he must
apply for a permit, consult with the neighborhood road group, and comply
with the items on the permit checklist prior to doing work on neighborhood
access streets. Ordinance 30 is to be included with the letter, which
will also direct him to remove spoils placed in the roadway from recent ditch
maintenance. Director Smith suggested the letter point out it is in
the best interests of the whole community that roadwork be consistent with
the Mesa Drainage Plan.
Regarding the Pilot Drainage Project, Nancy Condy has assented to vegetation
removal adjacent to her property to permit BCPUD to determine the elevation
of the Evergreen Road water main at the proposed location of the culvert.
Condy has requested obstructions to drainage downstream near Grove Road be
removed so that there is an exit for the water from her property. The
Ad Hoc Committee will seek to hire Steve Wrenn to do the Grove Road work
by hand. Director Amoroso stressed the need to inform the neighbors
about the work..
10. Pine Gulch Creek Fence Project: recent correspondence
Staff summarized the history of the proposed fence project,
as well as the correspondence between the District and the adjacent land
owner’s attorney. The adjacent owner is Michael Moritz. Moritz’
ranch manager, Robert Heffelfinger, expressed frustration and anger at the
District’s original letter conveying unconfirmed reports of creek pollution
from cattle, and of the use of herbicides near the riparian area. The
District has retracted the unconfirmed reports contained in that letter but
Heffelfinger felt the retractions covered only the herbicide issue, and Moritz’
attorney has demanded to know the source of the allegations of creek pollution.
Tony Lewis, proponent of fence construction, and Gordon
Bennett, of the Sierra Club, both spoke in support of the fisheries restoration
project, of which the fence construction is a key component, and Bennett
and Lewis proposed a lot split of BCPUD’s property, with a lot line adjustment,
that could permit a sale of the western portion of the property, including
the creek, to the National Park Service. Bennett suggested BCPUD make
the lot split contingent on Park purchase of the property. As an aside,
Bennett noted that during a recent visit to the District’s property, he saw
fresh cow manure in the creek.
Amoroso/Siedman all in favor
to pursue a lot split and lot line adjustment, with sale of Parcel A to the
National Park Service.
Bertsch/Amoroso all in favor
to send a letter to Michael Moritz, clarifying that the District is retracting
all unconfirmed reports, not just those related to herbicide use. The
letter will also state that Park naturalist Brannon Ketcham is the source
of information that the individuals conducting the underwater survey don’t
want to do it anymore because of coliform pollution.
11. Call For Nominations: LAFCO Special District Member
No directors expressed an interest in running for the
12. Sewer System: review of Resolution 443 and connection
fee schedule; proposal to establish sewer connection application priority
Resolution 443 established the connection fee schedule,
based on the accruing charges to current users of the system for capital
projects, including the 1973 construction of the sewerage treatment facility,
and the 1990 rehabilitation of the collection system. An attachment
to the resolution shows the individual fees for both collection and treatment,
based on the year any new connection is granted. The proposed
firehouse/medical clinic connection would be assessed the charges for treatment
only since the fire district will be paying for and constructing its lift
station and connector main.
There was no motion to establish a priority list at this time because there
are no pending applications on file.
13. Other Business
a. Committee Reports
-- Downtown Parking and Traffic: recognition
of new members
Siedman/Bertsch all in favor
to approve new members Greg Hewlett, Steve Matson, John Norton, E. J. Pearcy
and James Sword.
-- Park and Recreation:
Directors reviewed the Reclamation Project Engineer’s letter to the Regional
Water Quality Control Board requesting an order to operate the proposed recycled
water facility as a side stream, with no change to the District’s current
Waste Discharge Order 88-100.
The General Manager recommended the Board consider hiring a replacement administrative
assistant as early as March, 2004, and budgeting the position to increase
to 35-36 hours per week effective July 1, 2004. The Personnel
Committee will meet January 13 to discuss the proposal.
-- Sewer: Resource Recovery Project;
Community Paths Group
The Board received the November financial report for the Resource Recovery
Director Smith gave a brief report on the work of the Community Paths Group:
Choosing a surfacing material; monitoring the County’s work on Phase 1; designing
the work at the Mesa and Olema-Bolinas Roads intersection; and seeking the
County’s cooperation in the integration of the Phase 1 path with the point
where the proposed improvements cut into the Eucalyptus forest. The
committee will also be evaluating a prospective consultant. Director
Amoroso mentioned a consultant’s estimate for paving that is relatively inexpensive
and should be kept as a possible alternative.
b. Minutes of November 19, 2003 Meeting
Bertsch/Siedman all in favor
to approve the minutes of the November 19, 2003 meeting.
Bertsch/Siedman all in favor
to approve the warrants.
d. Scheduling of Next Meeting(s)
January 21, 2004