Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
February 20, 2002  270 Elm Road, Bolinas

1. Call to Order

7:34 p.m.

2. Roll

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

3. Manager’s Report

The District has not been purchasing sufficient propane to fulfill its tank rental lease agreement with Proflame. BCPUD will purchase the tank for the best available price.

A response from Doug Degnan, one of the contractors working at the site of the Ekedahl property on Terrace Avenue, to a letter from staff notifying him of complaints about the blocking of Terrace Avenue by construction traffic, indicated that the construction crew had been treated with some hostility by members of the public. Director Amoroso suggested that the hostility was caused by the fact that the construction work was not complying with the Coastal Permit. Director Kayfetz noted that the required construction management plan has not been submitted to Marin County Planning Department, nor has a staging area to park work vehicles been created as required. He stated that, in addition, construction materials were being stored out in the roadway. Staff will write a letter to Roger Peacock, the general contractor, noting the observations of the board and requesting the removal of the signs indicating possible delays. A copy of the letter will be sent to Debbie Poiani at the Planning Department.

BCPUD has been invited to enter the Marin County Fair Water Tasting event on July 3, 2002.

ACWA-JPIA has suggested that any staff members who engage in cross-training with the Bolinas Fire Department do so with the permission of the BCPUD but as volunteers under Fire Department volunteer insurance, rather than under the District’s insurance.

Directors received a letter from the Bolinas Fire Protection District asking that BCPUD require demolition and cleanup at the site of a recently destroyed property on Hawthorne, should the rights to the associated water connection be sold and a subsequent transfer applied for. Director Bertsch asked that a letter be sent to the Public Guardian to warn potential buyers of such a condition.

The anemometer has been installed at Woodrat 2. In reference to BCPUD’s letter asking for comment from the Point Reyes National Seashore, staff reported that Frank Dean, Associate Superintendent of the PRNS, has told him that the Park Service is generally supportive of such projects. However, Gary Fellers, a park biologist, has indicated that he has been unable to discover any ways to mitigate the possibly damaging effects of the proposed windmill on migrating Webb and Hoary bats. The next stage in the installation of the windmill is to complete all necessary steps to meet California Environmental Quality Act requirements before adopting a declaration of negative environmental impact. Bob Gold noted that recent state legislation has removed regulations for wind towers less than 80’ tall from county jurisdiction and put them at the state level, except in Coastal Zones.

The Save the Redwoods League may be able to help the Point Reyes National Seashore secure funding for the purchase of the Pine Gulch Creek property. Unlike the earlier deal with the American Land Conservancy, the funds would pass directly through the Park.

Once the Bolinas Fire Department switches over to high-bandwidth radios it may be possible to use the old low-bandwidth ones to connect Stinson Beach and Bolinas Fire and Water Districts.

BCPUD has been asked by David O’Connor to seek public input on plans to provide a bus service from Bolinas to points east.

Plentiful rains – 26” to date – have put the water supply in good shape and one more good rainfall should provide sufficient water for the summer months.

Directors had no objections to Mesa Park’s request to purchase some water for reseeding the fields.

4. Community Expression

Inadvertently moved to follow Item 5.

5. Solid Waste: Waste Management contract proposal

Ken Foley has proposed a meeting between himself, Trish Passenti and Doug Deemer from Waste Management, and the BCPUD’s Solid Waste negotiating committee for further refinements of the contract proposal.

Tom Yarish informed the Board that Industrial Carting of Santa Rosa is interested in bidding on the Bolinas contract, if possible. Directors welcomed the additional interest. Staff will send copies of Waste Management’s proposal and BCPUD’s counter-proposal to Industrial Carting and a copy of the accompanying cover letter to Waste Management.

Solid waste consultant Paul Rottenberg has submitted an invoice for his services that is considerably higher than the $5,000 originally agreed upon. Director Amoroso noted that the District had agreed to pay him for any additional work he did, but that the $5,000 was only to be paid if BCPUD decided not to engage him to implement his proposal: otherwise the cost of his preliminary work would be included in his fee. Amoroso suggested the possibility of paying Rottenberg $5,000 if he agreed to apply the sum to any future remuneration that he might get from the District for setting up a garbage collection service. Staff will ask Rottenberg about the future remuneration and also request more detail regarding the amount invoiced in excess of the $5,000.

4. Community Expression


5.  Expanded Water Use Permit Application:  Lundstrom
 project location:  52 Wharf Road

Director Kayfetz expressed concern that the applicant’s changes to the property might lead to expanded retail uses and stated that he wished to make the permit conditional on no such additional uses. Director McClellan contended that it was not the business of the BCPUD to consider anything other than water use in permit applications and he was not willing to “bootstrap planning issues to water use”. Director Amoroso noted that the Board frequently did exactly that and had actually denied an EWUP solely on the basis of planning issues at the previous month’s meeting. Director Bertsch indicated that a very specific list of conditions of use for the Barn and the Bolinas Museum was already attached to the properties as a condition of sale and that enforcement of them is a County issue.

--  Kayfetz/Bertsch      four ayes, Siedman absent      to grant an Expanded Water Use Permit with the same limits as are already in place in the Use Permit for the property. The existing limit of 3100 cubic ft. of water per quarter remains.

6. Mesa Septic:  SepTAC final recommendations

SepTAC member Lloyd Kahn summarized his view of the final recommendations for the Board. In contrast to Director McClellan, BCPUD’s representative on the committee, he advised the Board to resist the committee’s direction towards universal monitoring and inspections of septic systems, stating that he considered them unnecessary. He did not think they were even feasible, given the extent of the jurisdiction and the cost involved. In Director McClellan’s view the inspections are inevitable and he favors trying to influence the regulations to follow, which will be open for comment before approval by the Board of Supervisors. He noted that much in the recommendations is not applicable to Bolinas and that several inspection options are possible, including BCPUD jurisdiction.  Kahn recommended that no attempt to set the District up as a local regulatory agency be made before the recommendations look as if they will really take effect.

Director Kayfetz suggested that the District emphasize at all times that BCPUD considers across-the-board monitoring unnecessary.

7. Mesa Park:  announcement concerning board vacancy;  April 9 ballot measure update

A notice inviting interested applicants for the position on the Mesa Park board will be published in the Hearsay.

Director Kayfetz asked why there had been no public notification of the April 9 ballot measure and advisement of deadlines for opposing arguments, characterizing it as “government by stealth”. Manager Buchanan reported that Director Siedman had said that he had assumed that the  County Registrar’s Office would deal with it. There were no objections to Director Kayfetz’ suggestion to send a letter to Mesa Park asking if there had been a public process.

9.  Other Business

a. Committee Reports

Director McClellan noted that he would be unable to attend the next ACWA-JPIA conference and a substitute would be needed. Director Amoroso said he would consider it.

A copy of the minutes of an ACWA-JPIA Executive Committee meeting discussion of coverage for a skatepark similar to that proposed at Mesa Park has been sent to Director Siedman who has said he is talking directly to ACWA-JPIA about it.

-- Finance:  2nd Quarter Financial Report

The Board received the 2nd Quarter Financial Report.

-- Legal:

A status conference on Orrick v. BCPUD is to be held on March 5, 2002.

-- Solid Waste:  Resource Recovery Project:  finance / operations

The Board noted that a new employee has been taken on.

b. Minutes of January 16, 2002 Meeting

--  Bertsch/Amoroso   four ayes    to approve the January 16, 2002 minutes

c. Warrants

--  Bertsch/Amoroso   four ayes   to approve the warrants

d. Scheduling of Next Meeting

March 20, 2002

10. Adjournment

9:54 p.m.