Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
January 15, 2003      270 Elm Road, Bolinas

6:45 p.m. – Closed Session (Pending Litigation – Orrick vs. BCPUD)
       Government Code § 54956.9(a)

1.  Call to Order

7:35 p.m.

2.  Roll /Announcement of Closed Session

Directors Amoroso, Bertsch, Kayfetz, Siedman present, Director McClellan absent. Director Bertsch presiding.

Director Bertsch announced that the Board had met in closed session prior to the public meeting to discuss pending litigation with counsel and that no action had been taken.

3.  Manager’s Report

Directors received proposed bylaw revisions for the Marin County Special District’s Association and an announcement of its upcoming annual dinner and elections.

The employee loan made to Phil Buchanan has now been repaid in full.  Buchanan expressed his appreciation to the Board for its support originally in helping him to purchase property in Bolinas and for their assistance in coordinating the final principal payment.

There has been recent damage to one of the panels in the seawall, perhaps caused by storm-tossed debris.  Project engineer Rich Dornhelm of Moffatt & Nichol has agreed to inspect the facility in the near future and to make a recommendation concerning any needed maintenance.

Staff has determined from discussions with the Marin County Elections Office that Jane Blethen can put her proposed measure, seeking confirmation of Bolinas as a socially acknowledged nature loving town, on a future general election ballot by using the initiative process.  Essentially, approval of the proposed measure would confirm that to like to drink the water out of the lakes and to like to eat the blueberries and to like the bears is not hatred to hotels and motor boats.  The guidelines for the initiative process will be mailed to Blethen with a cover letter indicating she needs to follow the mandated steps in the guidelines if she wishes to put her measure to a vote.

The public water system statistics for 2002, a record of production and consumption maintained for the California Department of Water Resources, indicates that BCPUD’s unaccounted-for water use, for the third year in a row, is holding steady at 10 to 11 percent.

Marin County Board of Supervisors has approved a two-year extension to the Bolinas Beach ordinance prohibiting weekend camping from May to October.

Jason Nutt, Marin County Traffic Operations engineer has written indicating that he finds no sight obstructions at the intersection of Poplar and Overlook roads.

The Trust for Public Lands has contacted the District on behalf of the heirs of the Reusch property to see if there is an interest in taking title to the land. Director Amoroso indicated that he sees a potential need for the property against a time when Terrace Avenue is no longer usable as a thoroughfare and an alternative has to be developed. There were no objections to Director Kayfetz’ suggestion to responding that BCPUD is interested in having an interest in the title but has only limited funds to participate financially.

Director Amoroso asked if Brighton Beach gate was being exercised regularly. He was assured that it has been brought to the attention of the field crew.

4.  Community Expression


5.  Election of Officers; Committee Assignments

Both the election of officers and committee assignments were continued to the February meeting where it was hoped that a full board would be present. Current committee assignments continue until then.

6.  Solid Waste:  contract proposals – 2003-2012

Waste Management, Inc. and Biagini Waste Reduction Systems presented contract proposals. Industrial Carting, the third of the three initial proposers had declined to submit a proposal in this round. Directors heard a complaint from Creta Pullins of problems with service from Waste Management. However, they agreed that the Waste Management offer was more competitive than the Biagini Waste Reduction System’s current proposal.

--  Amoroso/Kayfetz      four ayes, McClellan absent     to accept Waste Management, Inc.’s contract proposal

Director Kayfetz commended Ken Foley and his staff and employees for their courteous and responsible behavior throughout the extended decision-making process. He offered a reference in that regard from the District, if requested. Director Bertsch thanked Mike Biagini for having been straightforward and honest with the District.

7.  Expanded Water Use Permit Application:  Crane
 project location:  185 Kale

Continued – awaiting septic system plans.

8.  Mesa Park:  board appointments; transferability of Bolinas Museum meter

--  Kayfetz/Amoroso  four ayes, McClellan absent to appoint Jack Siedman to the seat jointly appointed by the Bolinas School and the BCPUD and Robert Mowry to the open BCPUD seat.

The Bolinas Museum board has not yet met to discuss the topic of its suspended water meter so requested the item be continued.

9.  Bolinas Lagoon Ecosystem Restoration Project

Directors Amoroso and Kayfetz stated their concerns at apparent contradictions in reports of the progress of the project. On one hand the Bolinas Lagoon Technical Advisory Committee has stated that the project as conceived to date is not viable, citing objections from the California Coastal Commission and the Department of Fish and Game, among others. But an article in the Marin Independent Journal states that the project still stands and only requires minor adjustments. Director Amoroso stated that it was important to make sure that the Seadrift Lagoon is included in the project. He will attend the second of the two upcoming public meetings to represent the District. Staff will write a letter asking for a transcript of the first meeting.

10.  Monarch Butterfly / Eucalyptus Study:  status report; committee formation

Director Amoroso reported that a poorly publicized meeting presenting the study had been held at the Bolinas Community Center. Essentially the purpose of the study is to establish which areas of Bolinas provide, or have provided, habitat for overwintering monarch butterflies, in order to establish protection within the Local Coastal Plan for those areas as well as for groves of trees that provide significant windbreaks for populated areas, and for heritage trees. He felt it was premature for BCPUD to form a committee but that once the study is under way a committee should be set up to.

--  Amoroso/Kayfetz   four ayes, McClellan absent  to send a letter to Marin County Planner Kristin Drumm and Supervisor Steve Kinsey in support of the study.

11.  Marin County Community Development Agency’s Update to the Local Coastal Program

Manager Buchanan noted that the Local Coastal Program does not appear to contain many references to Bolinas PUD but he will alert the Board to any potential issues upon further review.

12.  Road Survey Project:  1/7 meeting report; DPW service agreement proposal

Manager Buchanan reported that he and Andy Blake had had a productive meeting with Don Hobbs, Chief Surveyor at the County. Hobbs offered to provide contour information to supplement the AutoCAD maps already on the District’s computer, which will then make it possible to maintain a current map of drainage systems on the Mesa. On the subject of surveying the roads, Hobbs estimated that if the county could tie in its monuments with those set by Bill Schroder for the drainage plan then it might be possible to get all the basic information necessary for about $3,000. He was willing to provide a service agreement where the County would do the work and payment could be made over a number of years. Directors were favorably disposed to proceeding at staff discretion.

13.  Resolution 482, stating policy concerning disposition of BCPUD-owned parcels

--  Kayfetz/Siedman   four ayes, McClellan absent to approve Resolution 482, as amended

14.  Resolution 483, clarifying records retention policy

--  Amoroso/Kayfetz  four ayes, McClellan absent to approve Resolution 483, as amended

15.  Other Business

a.  Committee Reports
      -- Alternative Energy: Nothing to report
      -- Finance:  Nothing to report
      -- Legal:  Nothing to report
      -- Mesa Septic, Roads and Drainage:  Nothing to report
      -- Operations:  Nothing to report

-- Park and Recreation:

Director Siedman reported that Dr. Oswald and Bailey Green are no longer engaged to provide the engineering report needed for the State Parks grant application. Hydroscience Engineering has been contacted to complete the work. Hydroscience has estimated $30,000 for the report and the reclamation permit with a $5,000 allowance for the work already done by Green (for which $8,000 has been paid). The State grant includes funding for the report and Marin Community Foundation is interested in providing planning funds for the project. However, since BCPUD is the applicant, Mesa Park would like the District to pay for the engineering report up front, to be reimbursed when the grant is awarded.

Director Kayfetz said he wanted to see the planning grant first. He also suggested asking Hydroscience to accept payment contingent on receipt of the grant funds.

Director Amoroso said he wanted the Bolinas Fire Protection District to chip in. He added that he is not willing to commit BCPUD funds until the proposed use of the Museum meter issue is resolved.

Director Siedman stated that the Museum meter is a separate issue and that the engineering report must be paid for before the State grant can be awarded. He added that ultimately BCPUD will benefit from the project, since he understood that Regional Water Quality will be requiring improved wastewater quality at the sprayheads.  Amoroso said he was unaware of this and he asked for documentation.

Amoroso asked for verification that the project will increase capacity sufficiently to end the sewer moratorium established in 1990 to secure a Clean Water Grant for the Inflow/Infiltration Rehabilitation Project.

Andy Blake stated that this project is a common way for systems to deal with excess input. Amoroso said that if he was convinced that the sewer moratorium could be lifted he would accept the project. Kayfetz said that, although he was not as emotional as Amoroso on the subject, he sees the issue of the Museum meter as a water moratorium breaker. He did not see the irrigation project and the Museum meter as two separate issues. He said the Fire Department stands to benefit and has resources and Mesa Park has a budget and revenue. He suggested a threeway split of the cost between BCPUD, the Fire Department and Mesa Park and said he would agree to a $10,000 share if the Mesa Park agreed to abandon the idea of the Museum meter.

Siedman said he would talk to Region to ascertain its position, now and in the future, regarding wastewater quality requirements, and would approach the Fire Department and the Mesa Park board on the funding issue.

Andy Blake asked if Kayfetz’ objections would be removed if another water connection were available to Mesa Park. Kayfetz said they would. Amoroso noted that several meters have been transferred since Mesa Park started looking for water.

Siedman stated that an area of asphalt the size of the basketball court would be laid on the parking lot to provide skateboarders with a place to skate. Supervisor Kinsey has promised to secure funds for it. Mesa Park’s insurance will cover its use.

      -- Personnel:  Nothing to report
      -- Sewer:  Nothing to report

     -- Solid Waste: Resource Recovery Project: financial report; minutes; air quality complaint investigation report

Directors received the financial report and minutes and the complaint investigation report, which found the complaint to be unsubstantiated. There were no objections to continuing operations at the site under current circumstances, with the reduction of intake from communities outside Bolinas and Stinson Beach. Site Manager Mike Aitken has stated that everything is ready for the additional material expected from the new Bolinas curbside greenwaste collection, once it starts.

b.  Minutes of December 18, 2002 Meeting

--  Siedman/Amoroso  three ayes, McClellan absent  to approve minutes as corrected.

c.  Warrants

Kayfetz/Amoroso  four ayes, McClellan absent to approve warrants

d.  Scheduling of Next Meeting(s)

February 19, 2003

16.   Adjournment    9:15 p.m.