Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
January 16, 2002  270 Elm Road, Bolinas

1.  Call to Order

 7:34 p.m.

2.  Roll

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

3.  Manager’s Report

Administrative Assistant Jill Whitcroft is taking a two week leave of absence to attend to family matters.

2001 water statistics compiled for the Department of Water Resources indicate a decrease in consumption over 2000, and show Unaccounted-For-Water at a low of 9%.

Waste Management trucks became mired in the mud on Alder Road where the District had excavated for installation of a new pipeline.  Compaction problems became apparent after the heavy rains of November and December.  BCPUD personnel assisted the tow truck driver in removing the vehicles and then ordered more gravel to repair the trench line.

A car on Brighton Avenue sustained minor damage to its left front fender and headlamp assembly when brushed by the tire of one of the District’s maintenance vehicles.   The manager will use the small claims settlement option recommended by ACWA JPIA.

The Marin County Department of Parks and Open Space is sponsoring a workshop January 31 at Audubon Canyon Ranch to review the current status of the Bolinas Lagoon Restoration Project feasibility study.  Presiding officer Jack McClellan appointed Director Amoroso to attend the meeting for the District.  Staff will notify County of Marin that Amoroso is authorized to attend.

Staff members will attend a Defensive Driver Training class January 29 at Stinson Beach County Water District.

Point Reyes National Seashore has submitted a written request for a one year extension to the  January 31 deadline for entering into a purchase agreement for the Pine Gulch Creek property.

Staff is investigating the feasibility of converting from chlorine to chloramine for disinfection  of the water supply because chloramine is reputed to lower TriHaloMethanes.

4.  Community Expression

Director Kayfetz, referring to a letter published in a recent issue of the Point Reyes Light, indicated that the letter from Barbara Kayfetz contained factual errors concerning Mesa Park and BCPUD.  Noting that they had had a brief telephone discussion, Director Kayfetz stated that the letter’s factual misstatements were coming solely from her.

Director Amoroso mentioned that members of his family have complained about the building project at 47 Terrace Avenue causing traffic obstructions and road closures.  Staff will check the coastal permit conditions and findings concerning traffic control and write a letter to the property owner asking them to do something about the problem.   Jim Alfsen suggested that a sign regarding the project be placed at Park and Brighton.

6.  Expanded Water Use Permit Application:  Bolinas Community Land Trust
 project location:  20 Wharf Road (Gibson House)

 The applicant is remodeling the structure for affordable housing.  Scope of work includes new, non-structural partition walls to divide rooms and create closets; installation of a new kitchen; relocation of a bathroom; new plumbing fixtures; new electrical wiring; a new deck on the first floor level; and floors and paint refurbishment.

– Amoroso/Kayfetz    all in favor      to grant a conditional permit, with the maximum quarterly allowance remaining at the current level.

 Director Bertsch arrived at 8:03 p.m.

5. Election of Board Officers / Board Committee Assignments for 2002

 – Kayfetz/Amoroso        to nominate Director Amoroso for Board President.

 Director Amoroso, indicating he was seconding his nomination for discussion purposes only,
emphasized his desire to elect a Board President who would enforce the Conflict of Duty ordinance.

– Amoroso/Kayfetz       to nominate Director Bertsch for Board President.

Director Bertsch said she was reluctant to accept the presiding officer role.  Stating that she would rather be Vice-President, Bertsch indicated she would have difficulty enforcing the Conflict of Duty ordinance.   Director Kayfetz explained that the ordinance, written to resolve problems that arise when a member represents another community organization whose position on a given issue diverges from the BCPUD position, is the current rule of the Board.  Following this explanation, Bertsch said that she would not have a problem upholding the ordinance but nevertheless she did not want to be Board President.

Amoroso withdrew his motion.

– Kayfetz/Amoroso        all in favor       to nominate Director McClellan for Board President.

– Kayfetz/Siedman        all in favor        to nominate Director Bertsch for Board Vice-President.

7.  Mesa Park:  Ratification of Resolution 474, approving application for grant funds for the Roberti-Z’Berg-Harris Urban Open Space and Recreation Program and certifying that BCPUD has or will have sufficient funds to operate and maintain the project;  Coastal Permit Application 02-9 status report; Oswald/Green letter re project report

 Following a detailed discussion regarding the need for BCPUD, as applicant, to certify that it has the funds to operate and maintain grant-financed improvements to Mesa Park, and the problems associated with BCPUD subsidies of the park, including District Counsel’s opinion that a majority vote of property owners would be needed for such expenditures, the Board acted as follows:

 – Kayfetz/Amoroso      4 ayes – Siedman abstaining      to approve Resolution 474, subject to the Board’s commitment to rescinding the resolution and renegotiating the State’s certification requirements if a Mesa Park parcel tax is not approved by the voters within the next 12 months.

Director Kayfetz declared he was upset by the Board’s action approving the resolution at the December, 2001 meeting without its being explicit on the agenda.  Contending that such an action sets people up for criminal prosecution, Kayfetz said he wanted the Board to make it clear that taking action on a non-descriptive agenda item will not happen again.

 Director Siedman reported on the status of the Coastal Permit application.  There have been no negative comments to date.   Siedman also noted that the Oswald Engineering Associates Project Report lacks several items required by Department of Health Services before they will approve the project.  Expressing frustration with Oswald, Siedman asked how the other members felt about seeking a cost estimate from another engineering firm to finish the report.  Director Amoroso stated his feeling that the Board is obliged to obtain an estimate from another firm.  There were no objections.

8.  Mesa Septic:  report on SepTAC final recommendations

The final recommendations, with appendices, have not been completed by SepTAC.  In response to a request from resident Tom Willard to make a presentation concerning his proposal to see onsite wastewater management administered locally, Director McClellan recounted the long and intricate history of such attempts.  Director Siedman explained that BCPUD was trying to do exactly what Willard was proposing when the SepTAC process began.  Director Kayfetz indicated that he wanted SepTAC member Lloyd Kahn to be invited to the February meeting to discuss his belief that mandatory septic system inspections are not necessarily going to be required.

Jennifer Blackman expressed her support for Willard’s proposal and they both emphasized their concern that local residents be able to repair their systems, using proven alternative technologies, without punitive county enforcement actions over issues unrelated to onsite wastewater disposal.

Jennifer Pfeiffer expressed disappointment at the lack of recent local efforts to implement the District’s drainage plan.  She also urged the creation of a local repository of information on septic system operation and maintenance, with access to help for homeowners with problems.

Director Amoroso urged the Board to reiterate its preference for a program to monitor the watershed and concentrate on correcting problems detected by such monitoring program.

Board members assured Willard and Blackman that the option remains open to exercise local control over onsite wastewater disposal but the Board still wants to see if the final SepTAC recommendations make sense for the community.  BCPUD will assertively state any objections to the final SepTAC plan prior to County of Marin adoption of new regulations.

9. Solid Waste: Waste Management contract proposal

Waste Management’s Community Relations Manager Ken Foley described the current offer
of a reduction in the residential can rate,  a $3,500 annual franchise fee, and an initial contract
term of 10 years.  Under its proposal, the first five years of the franchise fee would be paid in

Following a discussion of costs attributable to the litigation against BCPUD initiated by
Shoreline Disposal and its then-attorney Al Bianchi, there was consensus that staff should
write to Waste Management, indicating that the District wants a $4,500 annual franchise fee, with the entire 10 years paid in advance, a reduction to Stinson Beach levels in the can rates, establishment of a curbside green waste collection program at no additional cost, and continued inclusion of the current contract indemnification language in the new agreement.   The Board will seek a meeting with the Regional Manager if Waste Management does not respond favorably to the written request.  Ken Foley indicated he would also request the Divisional Manager to attend such a meeting.

10.  Safe Drinking Water Loan:  opportunity to refinance 1993 Series A and B bonds

Staff will pursue possible refinance of the 1985 loan, refinanced initially in 1993.

11.  Pacific Bell Request for Easement on BCPUD property adjacent to Olema-Bolinas Road

Staff will indicate to Pacific Bell that its request for an easement to locate an electronic cabinet for fiber optic cable on BCPUD land must be deferred until the location of a future bicycle/pedestrian path is resolved.

12.  Other Business

a.  Committee Reports

 Legal:  The Board reviewed current expenses related to ongoing litigation.  Re Orrick vs.
 BCPUD, staff will ask the District’s attorney for suggestions on recovering lost interest on
money owed by Richard Harris, or on means to recoup the outstanding balance  immediately.

 Solid Waste:  Resource Recovery Project:  finance / operations.  The Board reviewed the
 December financial report.

b.  Minutes of November 28, 2001 Meeting

– Bertsch/Siedman     all in favor     to approve as amended.

c.  Minutes of December 19, 2001 Meeting

– Bertsch/Siedman       3 ayes, Amoroso and Kayfetz abstaining     to approve.

d.  Warrants

– Bertsch/Siedman        all in favor       to approve warrants.

e.  Scheduling of Next Meeting(s)

      February 20, 2002

13.  Adjournment

 10:14 p.m.