Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
February 19, 2003      270 Elm Road, Bolinas

1.  Call to Order

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

2.  Roll / Announcement Re Closed Session

Director McClellan reported that the Board had met in closed session to discuss pending litigation, including retention of prospective counsel.  McClellan indicated that Directors had taken the following action:

-- Amoroso/Kayfetz        all in favor        to associate G. Kip Edwards to be trial counsel, subject to Cross-Defendant / Cross-Complainant Richard Harris’ approval.  In response to a direct question from Director McClellan, Harris indicated that he did so approve.

-- Kayfetz/Amoroso       all in favor         to adopt Resolution 485, ratifying the filing by Director Kayfetz of the February 12, 2003 Verified Statement of Disqualification.

3.  Manager’s Report

The National Park Service is eager to move forward on the purchase of the Pine Gulch Creek property and has suggested BCPUD arrange a meeting with Marin County personnel to discuss possible County action to secure a widened access easement.

Rich Dornhelm, the engineer for the groin and seawall at Brighton Beach, has inspected the facility and identified several problems. Highest on his priority list for repairs are the last 4 to 5 panels on the seaward end of the groin. Because the panels weren’t put down into bedrock tidal action has been scouring the concrete and steel pilings. He suggested putting rock down both under and along the side of the panels to stabilize them. Damaged concrete should be repaired, the cracks filled with epoxy and the coating on the steel should be renewed. Director Bertsch proposed getting estimates for the work and discussing it during the budget process. Reserve funds already exist for this project.

Supervisor Kinsey has nominated the Bolinas Community Paths Group for a Neighborhood Achievement Award.

4.  Community Expression


5.  Election of Officers; committee assignments

--  Kayfetz/Bertsch  four ayes, Siedman absent  to extend the existing Board officers and committee assignments for another year

In response to Director Amoroso’s query Director McClellan stated that he would not be absent in the forthcoming year as often as he was in the last one.

6.  2003-2013 Solid Waste Franchise Agreement

District Counsel Hadden Roth suggested keeping the indemnity provision of paragraph 6 (F), of the drafted agreement, which Waste Management had struck in its suggested revisions of the agreement. Ken Foley indicated that such a change would have to be reviewed by Waste Management’s legal counsel and he could not agree on the spot. The contract would be in effect as soon as it is signed although the new rates will not take effect until April 1. Director Kayfetz proposed approving the contract as is, noting that Waste Management has offered a great deal already.

--  Bertsch/Kayfetz   four ayes, Siedman absent  to approve the 2003-2013 Solid Waste Franchise Agreement as amended by Waste Management

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


8.  Road Maintenance Permit Application:  Crane
     project location:  Elm at Kale (new culvert)


9.  Expanded Water Use Permit Application:  Kopfer
     project location:  256 Elm

The applicant is rebuilding the house as it was before the fire. She has been required to put in a new mounded septic system, even though the existing system seemed to be in good order.

--  Kayfetz/Bertsch  four ayes, Siedman absent  to approve an Unconditional Expanded Water Use Permit

Director McClellan stated that Marin County Community Development Agency has been allowing new septic systems to be situated next to planned drainage ditches. Staff will write a comment letter outlining the need to consider proposed waterways when locating septic systems, and suggesting the situation be studied in order to decide what a reasonable setback is.

10.  Finkelstein Coastal Permit Application
 project location:  35 Queen

A new parking pad is to be located on the north-west side of the residence which will later become a garage. All interested parties seem to be satisfied with the arrangement. Responding to Director Bertsch’s inquiry Dr. Finkelstein indicated that some of the proposed landscaping would be done by a small backhoe and some would be done manually.

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

Staff, noting a reluctance to address every topic that might be of interest to the Board, reported that some language pertinent to the District is out-of-date. Director Amoroso and Cela O’Connor indicated that they may have comments. If so, they will be included in staff’s letter to Marin CDA. A draft update will be issued in the summer and a final draft in the fall, with adoption in early 2004.

12.  Resolution 484, Concurring in Nomination of Joan Finnegan to ACWA JPIA Executive  Committee

--  Kayfetz/Bertsch   four ayes, Siedman absent  to approve Resolution 484

13.  Resolution Establishing Policy Concerning Water Meter Consolidation

Director Amoroso stated that he put the item on the agenda to introduce the subject and begin working on it. His goal is to address the issue of properties that have two water meters and that may try to consolidate them and sell one. Director Kayfetz said the issue had first come up in the 1970s when BCPUD had denied an application for a meter in the Bishop case. Bishop had sued and the court had ruled in the District’s favor. He described the situation as a plumbing accident, rather than a separate connection. He said the same situation applies to the Bolinas School.

Director Bertsch said she also felt clarification was needed. In the case of the Bolinas Museum two meters served one of the two buildings and one now serves both. She seeks clarification that the second meter, currently considered suspended, is effectively no longer in existence. Director McClellan said that was too extreme – if a property can be subdivided then it should be possible to use one of the meters. Kayfetz said the resolution could be written to say the meter can’t be moved – however, he was told that this was already covered. He suggested stating that the meter could be suspended, then, if the property is subdivided it could be reactivated.

Andy Blake asked why it matters, if two meters have an allowed amount of water. He was told that it is a case of one service having two meters. McClellan used the example of several neighbors merging properties, consolidating to one meter and freeing four meters to sell. A water service was defined as having the right to hook up a property to the distribution system. Blake asked if a second unit then necessitated a second meter. He was told that an Expanded Water Use Permit would be required.

Director Kayfetz left at 8:50 p.m.

Director McClellan stated that he thought Mesa Park should try to acquire one of the meters held by the Bolinas Community Land Trust.

Blake said that he did not see any evidence that the BCPUD Board supports Mesa Park. He claimed that refusing to permit Mesa Park’s recycled water project to go forward unless it abandoned its attempt to purchase the Museum’s extra meter was making a spurious linkage. Amoroso said if the Park supports the moratorium he’ll support the Park.
Blake said he would like the Board to rescind its decision on the water recycling project. Amoroso said Mesa Park always has its hand in BCPUD’s pocket. He said the Park had just asked BCPUD for $30,000.

14.  Local Agency Formation Commission (LAFCO) Special District Elections: call for  nominations

 No action.

15.  Jane Blethen’s Ballot Measure Proposal

Staff reported that Jane Blethen had republished the Notice of Intention, reworked the petition form and was submitting 242 signatures and a request to the Board to approve the proposal and put it on the June ballot. It would cost over $5,000 to put on the June ballot, since there are so few issues: the November ballot would cost about $900.

Blethen indicated that she would probably have to accept going for the November election since she has had little response to her requests for funds to pay for the measure. She said she wanted to offer a positive anti-development stance as opposed to a negative one.

Director McClellan said he would like to see the measure on the ballot, since it has gained so much community support. He also would like a measure in November asking if the Bolinas Community Land Trust is community based, specifically in regard to its water meter rights.

Costs for the November election should be considerably cheaper: two directors seats are also up for election.

McClellan asked for language for a measure concerning the Land Trust to be put on the agenda for the March meeting.

16.  Other Business

a. Committee Reports

-- Alternative Energy:  Report on February 10, 2003 Meeting  Director Bertsch reported a productive meeting, with Chip Post, Bob Gold and Tom Williard attending. Cost per unit is still being researched, as is the possibility of combining with Commonweal. Gold has learned of a group willing to buy excess power. The Stinson-Bolinas Community Fund has awarded a matching grant of $1,500 towards the cost of the second anemometer.

-- Finance:  2nd Quarter Financial Report  The Board received the 2nd Quarter Financial Report.

-- Legal:  The Board reviewed staff’s latest letter requesting reimbursement of legal expenses from Richard Harris, and notice of an additional $1,400 in deposition expenses.

-- Mesa Septic, Roads and Drainage:  A written report from Director Siedman on the latest workings of the Septic Group convened by Marin County after the public reaction to the SepTAC recommendations indicated that of all the likely local agencies that might take on responsibility for oversight of septic systems, only BCPUD has any interest.

Don Hobbs, Marin County Surveyor, has sent a CD containing the County’s survey records.

-- Operations:   Nothing to report.

 -- Park and Recreation:  Andy Blake reported that a section of the parking lot at Mesa Park has now been paved for skateboarders. The County paid for it. The idea of BCPUD, Bolinas Fire Protection District and Mesa Park splitting the upfront costs three ways had not been necessary in the end. Blake corrected Director Amoroso’s earlier claim that Mesa Park had requested $30,000 from BCPUD, saying that the Park had only asked BCPUD to provide the funds up front until the property tax income manifests. Amoroso corrected Blake, saying that the proposal was that funds were to be obtained from the grant, not the property tax, and that the property tax vote has to go back to the voters.

-- Personnel:  Nothing to report.

   -- Sewer:  Resource Recovery Project: financial report; minutes; complaint investigation report   A letter from Mike Aitken detailing the raid on the Resource Recovery site by the EPA, following an unfounded complaint by a neighbor, was received by the Board. Apparently the same neighbor has also been expressing, at length, dissatisfaction with the operation to Chief Operator Currey. The neighbor claims the site is hazardous to his health, although he reportedly works for Rich Readimix cement suppliers. Aitken is interested in beginning the process of getting a Use Permit.

-- Solid Waste:   Nothing to report.

The Community Paths Group was added to the list of committee reports. Andy Blake reported that he has been appointed Design Head and has met with others in the design group, coming to a consensus on a path that would minimize the number of trees cut while keeping the path shallow. He has also consulted with Chief Operator Currey, who has indicated that there are no specific limits on the distance a path should be from the spray heads, in any case, the proposed design places it farther away from the sprayheads than they are now. Nina Bellak asked if regulations for dual use were being considered. Blake indicated that bicycle regulations predominate. Director Amoroso pointed out that the bike regulations would only predominate on the slope. Director Amoroso suggested considering a route along the southern boundary of the land, if funds can be found, and preserving the existing paths for pedestrians.

b. Minutes of January 15, 2003 Meeting

--  Bertsch/Amoroso   three ayes, Kayfetz, Siedman absent  to approve January minutes

c. Warrants

--  Bertsch/Amoroso   three ayes, Kayfetz, Siedman absent  to approve warrants

d. Scheduling of Next Meeting(s)

March 19, 2003

17. Adjournment

9:50 p.m.