Bolinas Community Public Utility District

Ordinance No. 35

Amends Ordinance 30
Ordinance No. 30 is hereby amended as follows:

Section III. D shall be amended to grant the manager of the District the authority to issue certain permits for improvements or alterations to the BCPUD rights-of-way without referring the matter to the Board; to that end, Section III. D. shall be amended to read as set forth below:

III. D.  Maintenance or repair of the public right of way or any alternation thereof other than adjacent to the private property of the person doing same is prohibited except as follows:

    1.    Any person may apply in writing to the BCPUD for permission to do maintenance, repair or other improvement to any right of way.  No fee shall be charged for such application.

        a.    If, in the reasonable determination of the manager of the district, the application is for routine maintenance substantially the same as that already approved by the Board, he or she shall forthwith issue a written permit to the applicant setting out the scope of that which is permitted,

        b.    If the application is new or different in scope, place or other significant detail from previously permitted maintenance, the manager shall place the application on the agenda of the next regular meeting of the Board; provided, however, that if the proposed project meets the specifications of the Todd Drainage Plan (as said plan may be amended from time to time) and if, after due notice of the proposed project is given by the BCPUD to all persons reasonably anticipated to be affected by the project and no such person objects thereto, the manager may, upon making such findings as foresaid, issue a written permit setting out the scope of that which is permitted together with such terms and conditions as the manager may reasonably determine are required, without referring the project to the Board for determination.

    2.    In such cases as in III.D.1.b. above, the manager shall notify all persons residing and/or owning property adjacent to the place which is the subject of the application and all other persons reasonably anticipated to be affected by the same.  The notices shall contain a copy or concise summary of the application and shall be mailed or otherwise delivered sufficiently in advance of the Board meeting or manager decision regarding the application to afford reasonable notice of the same.  If, upon considering the application at a regular meeting, the Board determines the application to be:

        a.    Not in the public interest, then and in that event the Board shall deny the application,

        b.    In the public interest, then and in that event the Board shall grant the application upon such terms and conditions, if any, as the Board may determine the public interest requires.

    3.    Such permission much be in writing and shall set out the scope of that which is permitted together with any terms or conditions imposed by the Board.

A new Section VII shall be added to Ordinance 30 as follows:

VII.  Things Prohibited on District Property

    A.    The depositing, placing, or the causing to be deposited or placed, of the following materials or substances on land owned by the District, including the gridded public right of way network on the Bolinas Mesa, is prohibited:

        1.    chemical pesticides;

        2.    refuse, such as wood chips, concrete rubble, asphalt rubble, scrap lumber, yard waste, or anything else unsuitable as road surface;

        3.    [reserved];

        4.    [reserved]; and

        5.    [reserved].

    B.    The District may recover the costs of removal of such materials or substances from the person or persons responsible, if known, by such means as may be appropriate under the circumstances.

    C.    Run-off from private property shall be treated as a placing, or causing to be placed, of the aforementioned prohibited materials or substances.

    D.    Nothing in this section (or otherwise in this Ordinance) shall be construed to prohibit that which otherwise required by law.

    This ordinance takes effect thirty days after adoption, following public posting and publication in a newspaper of general circulation not less than 7 days before the effective date.

PASSED AND ADOPTED this 15th Day of November, 2006, by the following vote:

AYES:  Amoroso, Kimball, McClellan, Siedman, Smith

NOES:  None



                        Jack Siedman
                        President, Board of Directors


            Jennifer Blackman