Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
December 19,  2001      270 Elm Road, Bolinas

1. Call to Order

7:30 p.m.

2. Roll / Newly Elected Directors Sign the Oath of Office

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

District Manager Philip Buchanan administered the oath of office to Directors Bertsch, McClellan and Siedman.

3. Manager’s Report

Point Reyes Bird Observatory has commented on the proposed windmill location at Woodrat 2 reservoir. The comment suggested that the potential harm to a pair of Great-horned Owls nesting in nearby eucalyptus trees could be diminished by removal of the trees. The comment letter also suggested making inquiries about the impact on nearby Townsend’s big-eared bats. There appeared to be no impediments to installing the anemometer in the meantime.

A response from Marin County Community Development Agency Director Brian Crawford to staff’s letter stating BCPUD’s intention to remove trees at the Wastewater Treatment Plant, indicates that although the work may be exempt from the requirements of a Coastal Permit, a report on potential effects on the adjacent Monarch butterfly population is required. There were no objections from directors to obtaining a report prior to beginning tree removal, as budgeted for in 2002, in the lower section of the Wastewater Treatment Facility. The proposed work at the Resource Recovery site would not be exempt, as it now stands. If the RRP project were included with the current Coastal Permit application for the Mesa Park development it would also require a Monarch report.

There were no objections to undertaking some maintenance work on the parking lot at 270 Elm.

Directors received a draft of the latest BCPUD newsletter.

Pacific Bell has submitted a plan and picture of its preferred location for its connector box as well as a list of  prices paid to locate similar projects, none of which exceeded $5,000. The item was deferred to the January agenda.

Director Amoroso had planned to make a presentation on eucalyptus containment but was unavoidably absent.

A model Shared Personnel Agreement that could address some of the issues of liability coverage in personnel cross-training with Bolinas Fire Protection District was received by the Board. Staff will ask ACWA-JPIA to review the agreement.

It emerged, during communication with the Community Development Agency, that although deadlines for comments by local agencies on Use Permit applications are set by the CDA, public comment can be received throughout the permit process.

David Finkelstein has withdrawn his Use Permit application for a garage at 35 Queen Road.

Bolinas Lagoon Restoration Committee has notified the District that its anticipated EIS??? Environmental Impact Report has been delayed until mid-February. All agencies submitting comment will receive a CD of the report.

Interested directors are invited to the Marin County Special Districts Association Annual Dinner in January.

Marin County Special Districts Association is forming a Special Districts Advisory Committee to liaise with LAFCO. Interested parties are invited to apply for a place on the committee.

There will be a number of staff vacations over the holiday period.

4. Community Expression


5. Mesa Septic:  report on SepTAC final recommendations

The SepTAC meeting to finalize the recommendations of the yearlong committee produced no significant changes to the draft recommendations. Draft regulations to implement the recommendations are scheduled to go before Marin County Board of Supervisors in the middle of 2002. There will be opportunities for comment on both the recommendations and draft regulations. Director McClellan indicated that nothing in the recommendations is as stringent as in the current regime and that he took the support of the Board for the BCPUD Draft Septic Ordinance to extend to support for less stringent regulations in general. He stated that the approach of the County is still preemptive rather than reactive. He believes the inevitable inspections are some time in the future, may be conducted by parties other than the County and that a wider range of treatment options will be acceptable.

Director Siedman asked when the community would be able to review and comment on the regulations. The topic will be put on the agenda of the January 2002 meeting.

6. Gridded Mesa Land Use Policy: Newstedt letter regarding need for regulation

Stephen Newstedt’s request was withdrawn.

7. Solid Waste: consultant’s report on Waste Management contract proposal

Solid Waste Consultant Paul Rottenberg has indicated that the proposal from Waste Management is favorable to the District. He estimates an annual reduction of $30,000 in Waste Management’s revenue. Manager Buchanan noted that in addition to paying Stinson Beach Community Water District’s legal costs associated with the Martinelli v. Shoreline cross-complaint as part of Stinson’s indemnification agreement, Stinson also receives a $3,500 annual franchise fee. The District’s request for an upfront payment of $40,000 instead of yearly franchise fees has not met with much encouragement. Director Bertsch suggested asking that the franchise fee be increased from $2,500 to $3,500 and repeating the request to reimburse the District for its legal costs.

8. Pine Gulch Creek property:  American Land Conservancy draft option agreement

District Counsel Hadden Roth’s review of the American Land Conservancy draft option agreement to purchase the Pine Gulch Creek property, which it would hold until the National Park Service secured the funding necessary to buy it from ALC, raised a number of concerns.   Director Bertsch indicated that since the District does not have any particular pressing need for the funds there does not seem to be any need to enter an agreement with the ALC which might lead to unintended uses of the land and consequences to the District.

--  Siedman/Bertsch  three ayes, Amoroso, Kayfetz absent to grant a one-year extension to the National Park Service option to purchase the property, upon receipt of a written request to do so.

9.  Other Business

a. Committee Reports

Downtown Parking: DPW letter re Phase I and II general recommendations

Marin County Department of Public Works has sent a letter indicating that all but three of the Downtown Parking Committee’s recommendations will be implemented over the course of the next few months. The three outstanding recommendations will be deferred until Wharf Road is repaved.


Directors received an update on the District’s legal costs.

Park and Recreation:  Title 22 reclamation project update

Director Siedman reported that at a site meeting with a representative from State Parks and Recreation he discovered that, although the application for a  grant for Mesa Park was being viewed favorably, the agency will not accept the version of the resolution to apply for the grant adopted by BCPUD directors. Only the resolution as drafted by Parks and Recreation is acceptable. He reminded the Board that its amended version had been submitted in hopes that it would be accepted but had not been viewed as the Board’s final word.

--  Siedman/Bertsch  three ayes, Amoroso, Kayfetz absent  to amend Resolution 472 to comply with the sample resolution.

Siedman further noted that the Department of Health Services was very dissatisfied with Bailey Green’s report on the proposed Recycled Water System for which Dr. Oswald’s office had been paid $8,000 and which had been extremely difficult to obtain in a timely manner. The report is essential to the grant application and the DHS review process must be under way by February 1, 2002 to continue to qualify for the grant. Siedman asked that BCPUD write to Green, pointing out the deficiencies of his report and asking that he correct them by January 16th, 2002, failing which another engineer will be sought. Should Green be unable to meet the January deadline he is to be asked to notify the District within three days. There were no objections to Siedman’s request.

b. Minutes of November 28, 2001 Meeting


c. Warrants

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

  d.  Scheduling of Next Meeting(s) January 16, 2001

10.  Adjournment

8:55 p.m.