Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors

October 15, 2003      270 Elm Road, Bolinas    

1.  Call to Order    

8:02  p.m.

2.  Roll

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 and void.  

The excavation of the upper Arroyo Hondo dam is now complete, with full capacity restored.

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 for
citizens with mobility impairments when making decisions regarding road access, and from
the Marin County Community Development Agency regarding a proposed new wood smoke

Andy Blake announced his withdrawal from the November 4 election to the Board of Directors.

David Liebenstein announced that October 20 is to be Coast Café Customer Appreciation Day.

Greg Hewlett asked when the newly re-formed Parking Committee will meet.  Director
Bertsch suggested convening the committee for its first meeting sometime after the beginning of November.   A discussion followed             regarding, 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 247.

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 Barsamian.

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 sewerage facility.
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 yes.

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.

Kayfetz/Amoroso            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 process.

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 and correspondence
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 devised.

12.     Other Business

a.  Committee Reports

      -- Alternative Energy:  

The Board received the latest anemometer data.

      -- Finance:  1st Quarter Financial Report

            The Board received the 1st Quarter Financial Report.

      -- Legal: 


      -- Mesa Septic, Roads and Drainage: 


      -- Operations: 


      -- Park and Recreation: Design Proposal – Reclamation Facilities

            Discussed under item 5.

       -- 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 3 months.

      -- 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.

c.  Warrants

Kayfetz/Siedman       4 ayes, McClellan absent        to approve the warrants.

d.  Scheduling of Next Meeting(s)

November 19, 2003

13.  Adjournment

12:14 a.m.