Bolinas Community Public Utility District
A Special  Meeting  Of  The Board  Of  Directors
December 5, 2005    12:00 noon   270 Elm Road, Bolinas



1.  Call to Order

    12:03 p.m.

2.  Roll

Directors Amoroso, Siedman and Smith present;  Directors Kimball and McClellan absent
Director Siedman presiding

3.  Resolution 527:  Authorizing the Bolinas Community Public Utility District to enter into Lease PRC 6485.9 with the California State Lands Commission for the continued use and maintenance of the groin.

    Director Siedman noted that the purpose of the special meeting is to decide whether the district should be authorized to enter into Lease PRC 6485.9 with the California State Lands Commission (“Commission”) for the continued use and maintenance of the existing groin at Bolinas Beach.   The special meeting was necessitated by the fact that the BCPUD recently was informed that the Commission is scheduled to consider the lease at its December 8, 2005 meeting.  Director Siedman observed that one amendment to the draft resolution previously prepared by staff and circulated to the directors had been made to specifically authorize the district’s General Manager to execute the lease on behalf of the district.

    Staff reported that the lease under consideration is essentially a renewal of the existing lease previously executed by the district and the Commission when the groin was installed twenty years ago;  the original lease expires in January 2006, hence the need for the renewal.  The seawall is not covered by the renewal lease because the Commission more recently has determined the seawall is not located on state lands.  Staff noted that the Commission intends to insert a narrative legal description of the leased lands as an exhibit to the final version of the lease (this exhibit is not yet ready for review);  also, staff is in discussion with Commission staff for clarification regarding a few provisions of the lease.  Staff noted that the lease permits the Commission to impose a monetary rental for the leased premises and provides that the district can be required, upon termination of the lease, to remove any “improvements” (i.e. the groin) at its own expense—in response to questions from directors, staff confirmed that both of these requirements were in the original lease and are part of the Commission’s standard lease provisions.  Finally, staff reported that the Commission staff has said that the Commission considers the groin to be a “success story” and has found it to be generally in good condition; accordingly it is expected that the Commission will approve the lease at its December 8, 2005 meeting.

        V. Amoroso/D. Smith     three  in favor  (Kimball and McClellan absent)  to approve Resolution 527, authorizing the district to enter into Lease PRC 6485.9 with the Commission for the continued use and maintenance of the groin.


    4. Adjournment

    12:10 p.m.