Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
February 21, 2001    270 Elm Road, Bolinas

1.  Call to Order

8:05 p.m.

2.  Roll

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

3.  Manager’s Report

The importance of continuing education for District field staff is increasing as regulatory requirements for certification become more stringent. Bill Pierce and Seth Kline will be attending a workshop in April, preparatory to taking the exam for sewer operator certification. Pierce and Kate Currey will have to sit an exam in another two years to renew their distribution operator certificates. Manager Buchanan needs sixteen hours of continuing education credits to renew his operator’s license.

The west water storage tank is now fully operational again and the cathodic protection treatment of the east tank is due to begin in about a month.

A letter from Marin County Department of Public Works indicates that the long-awaited speed humps on Terrace Avenue will be installed after the repaving of the road scheduled for this summer.

The initial response from the Marin County Community Development Agency to the Vegetation Management Committees’ proposals indicates that both would probably require a Coastal Permit, which would call for information on the size, number and type of trees, the size of the area, a biological reconnaissance study of the impact on the monarch butterfly populations and erosion and siltation control plans. Approval from Federal and State agencies might also be needed. The item will appear on the agenda for the March BCPUD meeting.

The Department of Fish and Game has approved a Riparian Protection grant for $19,000 to build a fence on the BCPUD property on Pine Gulch Creek.
4.  Community Expression


5.  Bolinas Beach:  draft ordinance establishing regulations, presented by Supervisor Kinsey

Supervisor Kinsey outlined the history leading to the presentation of the draft ordinance to ban camping on Bolinas Beach. Community concern over activities at the beach, particularly during the summertime has already led to a variety of responses from Marin County. These include the ongoing commitment of an additional deputy patrol during spring and summer weekends, replacing the public toilets at the tennis courts, management of the beach access at the end of Wharf Road, and augmenting the Bolinas Community Center’s downtown cleanup program. He emphasized that everyone must take responsibility for improving the situation. In addition to the camping ordinance Kinsey proposed expanding the existing county ordinance to control noise countywide from 10 p.m., instead of 11 p.m., working with the Bolinas Fire District to improve their ability to enforce their fire ordinance, supporting a Community Center program to provide dog clean-up bags at Brighton and Wharf beach entrances, and working with the community to create locally designed signs at beach entrances.

He emphasized that his role is to respond to issues, not to arbitrarily impose regulations and that he is seeking community feedback before taking any further steps. He will respond to the sentiments conveyed to him by the BCPUD Board of Directors at their March meeting as an indication of community sentiment.

Many members of the standing-room-only audience expressed relief when they realized that there was no plan to ban fires on the beach, just a commitment to find ways of enforcing the existing ordinance regarding safety and size of fires. Concrete fire rings were suggested.

In general audience comment seemed to indicate a preference to continuing to permit camping, with some possible limitations on length of stay and numbers of campers, and favoring local residents over visitors. Director McClellan pointed out that discrimination against non-residents is illegal. Local homeless residents might be allowed to stay longer. One person asked why other beaches were not available in the same way.

The history of trashcans versus no trash cans at the beach entrances was revisited, and making daily beach sweeps and imposing fines for littering were suggested.

Alcohol was cited as a major contributing factor to noise problems for neighboring residents and a ban on alcohol after 11 p.m. was proposed. A noise curfew of 10 p.m. on weekdays found no opposition but some felt that even 11 p.m. was too early on weekends. Parking restrictions in the area could address many of the complaints of the neighbors on Brighton and Wharf.

Although a couple of Brighton Avenue residents stated that they did not feel overly impacted, it was evident that many have been experiencing deep frustration and despair for many years at the apparent lack of concern from the rest of the community for their problems. Kinsey said he hoped to move as quickly as possible on solutions in time for the coming summer season.

Many of the suggestions required unfeasible or selective enforcement solutions, but a number of community members reported that they have had positive experiences acting as individuals speaking to inappropriate behavior. Some volunteered to commit to a citizen security presence, and a group of people signed up to try to work on a more integrated solution to what is a complex situation. Supervisor Kinsey stated that he would be seeking direction from the BCPUD at the March meeting, so such a group should use the BCPUD for its channel of communication.

6.  Energy Generation Proposal:  Robert Gold

Bob Gold explained that the 10 KW alternative energy generation system for which a State buydown program would pay up to 50% of the cost of installation, would provide too insignificant a proportion of the District’s energy needs to make it an attractive proposition for the District. However, a number of homeowners in town are interested in purchasing such systems. Gold would like to see the solar panels for this collection of systems installed at Woodrat Treatment Plant and administered by BCPUD who would refund to the appropriate owners the value of the electricity generated and used to discount BCPUD’s usage. BCPUD would then have an available source of emergency power in the event of a power shortage. Gold indicated that he is working with other West Marin agencies, specifically the utility districts, schools, and fire departments to develop a one-size-fits-all model. He has still to establish whether the panels have to be located on the owner’s property. He noted that the power supply situation is very unpredictable at present and many solutions are evolving.

Director Siedman recommended that the BCPUD, the Bolinas Fire Protection District and the Bolinas-Stinson School all continue to work together.

Gold reported that testing of the windmill generators was going well.

He requested a financial contribution from BCPUD towards the cost of an upcoming energy workshop he will be attending.

--  Amoroso/Siedman     three ayes, Bertsch, Kayfetz absent     to pay the $125 cost of the workshop.

7.  LAFCO:  election of Special District representative

Candidate Dennis Rodoni noted that West Marin would have a representative on the Marin Local Agency Formation Commission for the first time if the Special Districts combine their votes.

--  Siedman/Amoroso     three ayes, Bertsch, Kayfetz absent     to vote for Rodoni.

8.  Request For Formation Of Land Stewardship Committee

Barbara Kayfetz requested the formation of a small committee to develop a management plan for BCPUD land, focusing on how to sustain and contain eucalyptus growth and promote education in native plant restoration. Director Amoroso indicated that the formation of such a committee would be more appropriate once a decision has been made on the current Vegetation Management Committee proposals. She asked for confirmation that BCPUD had agreed with the Land Stewardship Committee in 1996 to plant only native plant species on its land. Manager Buchanan will verify.

9.  Indemnification Agreement for 47 Terrace Avenue (Ekedahl) Remodel Project

Director Siedman stated that his most recent revisions to the agreement, tying the claims and hazards to the project, were acceptable to the Ekedahls.

-- Siedman/Amoroso      three ayes, Bertsch, Kayfetz absent     to accept the indemnification agreement as modified.

10.  Roads:  update on Kale/Poplar/Larch/Ivy survey; Barbara Kayfetz letter re speed bumps; Opal/Locust obstruction

The hope that Marin County Department of Public Works would survey the area in question on Kale and Poplar has come to naught. Director Siedman said that if the width of the easement is determined to be 40 feet then the nearby survey markers could be used to establish the boundaries. The question of how to justify action against the infringing property owner on one side of the road and not against the owner on the other side was raised. Director McClellan stated that he wished to establish an enforcement procedure to enable BCPUD to stand behind its position on this issue and on another situation on Evergreen.


Barbara Kayfetz asked for advice on speed bumps that were limiting access to her property. She was advised to submit a written complaint under the roads ordinance.

Marc Dwaileebe stated that access to his property via Locust, from Opal was being denied him by the placement of large logs across it. The access is confirmed in his Coastal Permit and by the Bolinas Fire Department. He was advised to submit a written complaint under the roads ordinance.

11.  Coastal Permit 00-04:  Leon
     project location:  245 Iris

Several neighbors voiced concern that the project applicants, who wish to establish a garden with accessory structures, intended to inhabit the property, regardless of its location in the swale, which runs into Alder Creek, and that the owners are acting without regard for neighbors or regulations. Director Amoroso noted that the absence of a water connection has been conveyed to the Marin County Community Development Agency in an earlier letter. The District will resubmit its earlier comment letter, accompanied by comment on the concern about the swale, and the potential migration of fertilizer and pesticides from the agricultural operation to Alder Creek.

12.  Resolution No. 456, authorizing application for funding from California Energy Commission

--  Amoroso/Siedman     three ayes, Bertsch, Kayfetz absent     to approve Resolution No. 456.

13.  Resolution No. 457, rescinding and replacing Resolutions 238, 248, 258, 439 and 440,
     concerning water meter suspension and abandonment procedures


14.  Solid Waste:  Waste Management, Inc. proposal for 2002; draft agreement for consultant
       services (Foothill Resources)

Manager Buchanan reported that Ken Foley indicated that Shoreline Disposal is dropping its cross-complaint against BCPUD and Stinson Beach County Water District. Buchanan had told Foley that an additional tangible gesture would be well received. Amoroso stated that he wants Shoreline to make its best offer up front, by March, 2001.

Amoroso noted that District counsel should approve any agreement with solid waste consultant Paul Rottenberg. He also stated that he would consider compensating Rottenberg in the event that the District ultimately decided to renew its contract with Shoreline.

15.  Other Business
    a.  Committee Reports

         -- ACWA JPIA:  Joan Finnegan candidacy for Executive Committee

--  Siedman/Amoroso       three ayes, Bertsch, Kayfetz absent     to send a letter supporting Joan Finnegan’s candidacy for the Executive Committee of the ACWA JPIA.

      -- Ad Hoc National Park Advisory Committee (BCOPP)

Cela O’Connor reported that the last meeting of BCOPP with the Park Service had been unproductive and that the committee is now working on a proposed set of criteria for the Park’s plans for the Wilkins Ranch that would incorporate the use of range management guidelines, create a demonstration project and eliminate the dependence on the tenant for long-term usage practice.

The response from John Reynolds, the Regional Director of the Park Service, appears to contain some inconsistency, which is to be queried in a letter drafted by Director Siedman.

      -- Building:  report on meeting with Children’s Center staff;  estimate for continuing repairs

Staff reported that the outcome of a meeting with the Bolinas Children’s Center staff was that the District would continue with several improvements to the building, namely; finishing the painting of the doors and windows at the back and ends of the building, replacing the skylight (for which Tony Lewis offered to donate the flashing), and removing the rotted wood under the eaves.
      -- Downtown Parking:

The Downtown Parking Committee is awaiting the return of Phil Binley in April to reactivate the process, which has become rather bogged down.

      -- Finance:  2nd quarter financial report; update on bookkeeping, financial software

The Board received the 2nd quarter financial report without comment.

Staff stated that, subsequent to a meeting with the new bookkeeper, Cindy Dooling, the Bolinas Fire Department, Director Bertsch and BCPUD manager, the District is now switching its financial software to QuickBooks. The transition is going smoothly and Buchanan is now researching utility billing software.

      -- Housing:


      -- Legal:

The demurrer motion to Martinelli v. Johnson has been filed. A status conference on Orrick v. BCPUD is scheduled for March 14, 2001.

      -- Mesa Septic, Flood Control and Roads:  SepTAC status

Director McClellan reported that the new administration continues to support more liberal views although technological advances in the field are being considered for repairs and upgrades of existing systems rather than new construction.

      -- Park and Recreation:   Mesa Park funding proposal

Director Siedman stated that Bailey Green’s report is very satisfactory and the next step is to apply for a grant.

The Board received a letter from Mesa Park Treasurer requesting funds from BCPUD to pay for its operating budget. The item will go into the draft budget.
b.  Minutes of January 17, 2001 Meeting

--  Amoroso/Siedman     three ayes, Bertsch, Kayfetz absent      to approve the minutes of the January 17, 2001 meeting.

c.  Minutes of January 31, 2001 Meeting

--  Siedman/Amoroso     three ayes, Bertsch, Kayfetz absent      to approve the minutes of the January 31, 2001 meeting.

c.  Warrants

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

d.  Scheduling of Next Meeting(s)

March 21, 2001, preceded by a half-hour closed session to discuss salaries.

16.  Adjournment

12:20 a.m.