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

1.  Call to Order

7:31 p.m.

2.  Roll

Directors Amoroso, Bertsch, Kayfetz, Siedman present. Director Bertsch presiding in Director McClellan’s absence.
Director McClellan arrived at 7:33 p.m. and assumed the presidential role.

3.  Manager’s Report

Directors Amoroso, Bertsch, McClellan and Siedman agreed to sign the new bank signature card.

Manager Buchanan reported that Proflame has halved its original asking price for the propane tank at WoodratTreatment Plant. There were no objections to purchasing the tank for $1,000.

Directors received a copy of the letter from the Marin County Community Development Agency to Robert Ekedahl, giving notice of allegations that the conditions of the Coastal Permit for 47 Terrace Avenue were not being met.  Director Kayfetz claimed that there are still between 6 and 10 work trucks regularly parked on Terrace and that more encouragement to meet the “staging area” requirement is needed. Staff will convey Kayfetz’ observation to the contractor, Roger Peacock.

An analysis by the consultant from Bartle Wells of the refinancing proposal for the Safe Drinking Water loan indicates that no real saving would be gained by the proposal.

The average level of trihalomethanes in the water is now lower than the proposed 2004 Federal limits.

There were no objections to accepting a proposal from Stewart & Stevenson for repair and maintenance of the generator at the lift station for $4,794. Almost half of the cost of a second proposal for maintenance and building an enclosure for the generator at the water treatment plant has already been budgeted for and the remainder is included in the draft 2002-03 budget.

The draft budget includes an item for some repainting at the Treatment Plant.

The sewer pond pathway from Overlook needs some improvement to mitigate winter flooding along sections. If directors have any strong feelings about the design of any improvements they are encouraged to contact Wastewater Treatement Facility Operator Kate Currey.

Directors received a copy of the minutes and upcoming agenda of the Marin County Special Districts Association. LAFCO will be holding a budget issues workshop which staff plans to attend.

Manager Buchanan will be on vacation from April 29 – May 3 and away on May 6 & 7 for the ACWA-JPIA conference. He will also be on vacation at the end of May.

4.  Community Expression

Cela O’Connor advised the Board that the National Park Service continues to decide the future of residences within its boundaries as they become vacant, rather than including them in the General Management Plan Update. Director Siedman encouraged the  Bolinas Committee on Park Planning to write a letter to the NPS, asking for an explanation of its procedures regarding vacant properties. O’Connor also noted that the Point Reyes Light had described the RCA facility as a Park operational headquarter and she would like to get more information on that.

Director Bertsch said she has been hearing concerns about another upcoming land auction. She suggested writing a letter to the auction company asking them to disclose Bolinas’ building restrictions.

--  Kayfetz/Siedman   unanimous to put the issue on the agenda as an emergency item

--  Kayfetz /Siedman   unanimous  to send a certified letter to the company involved, pointing out the restrictions on development of lots in Bolinas

Director Kayfetz asked Director Siedman why no public notice had been given of deadlines for ballot arguments for Mesa Park’s ballot measure in the April election. Siedman stated that he understood the Elections Office to have put a notice in the Marin Independent Journal, but that Mesa Park had received notification of acceptance onto the ballot too late to put anything in the Hearsay. He conceded that something could have gone into the Hearsay on the day before the deadline, adding that there would have been objections to that due to the short notice. He agreed to Director Bertsch’s request to publish the schedule of the process leading up to the placing of the measure in the Hearsay. The Mesa Park operating budget will also be published. The minutes of Mesa Park meetings are available for review in the BCPUD office.

5.  2002 Landscape Water Conservation Proposal:  Dendron Landscape Management Consultants

Stinson Beach resident Richard Reasoner made a presentation of a workshop/demonstration project to educate landscapers and homeowners on irrigation and water conservation practices. He asked the Board to fund the project, which would be run concurrently with Stinson Beach. Directors agreed to review it after it has been implemented in Stinson Beach.

6.  BCPUD Advisory Measures:  voter eligibility

It appears that advisory measures can be voted on by constituents outside the district of the governing agency putting the measure on the ballot, as long as an election is being held in which such voters would be eligible to vote. A request to include constituents of such other districts, such as the Fire District or the School District, would have to be made to the Board of Supervisors by the agency putting the measure on the ballot. Director Amoroso stated that such a course should be considered every time BCPUD puts a measure on the ballot, but that he would not necessarily endorse it as a matter of course. Directors agreed that if there is no specific reason to restrict measures and each is taken on a case-by-case basis, in the future making the electoral boundaries wider would be considered.

District Manager Buchanan pointed out that there is no particular reason for advisory measures to originate from BCPUD; other districts are equally legally able to put them on the ballot. He will ascertain the timing and permutations of the process to permit such a course for the November election, if necessary.

7.  Discussion Regarding Future of Bicycle/Pedestrian Paths

Director Kayfetz stated that he did not want the March election result to end with acrimony and he had asked for the item to be on the agenda to ensure that the process is moving forward. Tom Williard reported that a meeting had been held where it had been decided that any future process be open to the community. The goal of the group that met is to develop proposals for the November ballot. A community meeting is planned for April, to be facilitated by Ray Levine, a mediator from Inverness. Jennie Pfeiffer applauded moving the process outside BCPUD but expressed concern about the idea of an invitation-only meeting. Dale Polissar stated that he and Judy Molyneux and Tom Williard had tried to form a balanced group that could work together. Stephen Newstedt was assured by Williard that parents could be targeted particularly to work on the process. Barbara Wyeth’s suggestion that such a group could fall under the aegis of the Bolinas-Stinson Paths Group where the whole issue of paths had originated was firmly rejected by Polissar. Polissar added that any group can work on an agenda and feed it in or put alternatives on the ballot.

Staff pointed out that no election calendar is available yet but the July meeting could be the last opportunity to approve ballot wording. Director Siedman indicated that a first proposal should be presented at the May meeting.

8.  Marin County CDA Habitat Investigation of a Portion of Star Route Farms

The Planning Commission will schedule an informational hearing after the comment period, to review a study of habitat values on the lagoonside portion of Star Route Farms. The present study looks at three possibilities: continuing current farming practices, returning to former grazing practices, or restoration to a wildlife preserve. Director Kayfetz objected to the language in the Notice of Availability for Public Review and Comment that indicated that the study has been undertaken “in response to public interest over ambiguities related to the interpretation and application of county Local Coastal Program policies and Zoning regulations”. He stated that there are no ambiguities and that the California Environmental Quality Act process is required when a change in use is involved.
He proposed writing a comment letter to that effect. Director Amoroso noted that frequently BCPUD’s  letters of comment merely report what is said at meetings, rather than taking a position. He added that ambiguity could arise from the recommendation of the Bolinas Community Plan to encourage farming. However, the BCP is not permitted to conflict with the Local Coastal Program.  John O’Connor commented that the Army Corps of Engineers’ study had permitted farming to continue on the land.

--  Kayfetz/no second      to send a letter saying that the Board of Directors is puzzled at the finding of the CDA that a full study is not necessary and asking for a full EIR

Director Amoroso indicated that he preferred sending a letter reporting what was said at the meeting.

--  Kayfetz/Bertsch       unanimous      to send a letter to the CDA indicating that a short form study is insufficient; that no ambiguities exist and that CEQA applies since there has already been a change in use.

Director Amoroso noted that he believes that the short form study gives enough information.

9. Wind Energy Project Proposal:  report on CEQA process; cost analysis

A draft of the Initial Study and Declaration of Negative Impact for the proposed wind energy project was received by directors.

Bob Gold provided some revised figures for energy generation based on an initial 17 days of readings from the anemometer. He estimated three windmills would provide sufficient energy to zero out Woodrat Treatment Plant’s energy costs. One mill would pay for itself in ten years. Staff passed on some information about an alternative windmill design that eliminates adverse effects on birds. The Board asked for a progress report in two months.

10.  Solid Waste:  Waste Management contract proposal;  Industrial Carting contract proposal

Director Kayfetz noted that the layouts made it difficult to compare the two proposals. He asked for price lists of the various charges, including debris boxes. A meeting between Waste Management and the Solid Waste Committee will be scheduled for the following week.

There were no objections to a suggestion from Solid Waste Consultant Paul Rottenberg that one of his clients submit a third proposal.

Directors discussed whether to pay Paul Rottenberg any of his invoice above the initial $5,000 and two more hours for $170  agreed upon in advance.

Director Siedman pointed out, for the record, that the Board, when it wishes to, spends money on items that are not assigned, and has the discretion to spend money as it sees fit for the benefit of the community. Director Amoroso said that an advisory measure had authorized the spending of the money above an initial $2,000.

--  Kayfetz/Bertsch     unanimous     to pay Rottenberg an “accord and satisfaction” check for  $5,170 and inform him that he will be contacted if additional work is needed

11.  Resolution No. 475, Granting Board Member Jack McClellan Permission To Be Absent From District

--  Kayfetz/Bertsch     unanimous     to grant Jack McClellan permission to be absent

12.  Mesa Park:  appointment of commissioner to fill vacancy

There have been no applicants so far. Joel Braverman expressed interest from the floor. Continued.

13.  Mesa Septic:  SepTAC process

Director McClellan recommended deferring any comments until the regulations are drafted.

14.  Other Business

a. Committee Reports

        -- Finance:  proposed 2002-03 budget hearing and adoption schedule

Directors received the schedule without comment

          -- Legal:  Orrick vs. BCPUD update

Progress in discussions between Orrick and Harris continues.

        -- Park and Recreation:  Mesa Park water reclamation project:  status report

There has been very positive feedback on the grant application for the water reclamation and skatepark facility. There may be interest from the Marin Community Foundation, through its Community Facilities Partnership  program, in funding the water reclamation and bathrooms part of the project. Directors had no objections to Mesa Park applying to the MCF.

--  Director Amoroso reported that a plan for containing the spread of the eucalyptus trees on the sewer treatment facility has been defined as removing all trees around the perimeter of the present growth that measure 6 inches or less. He recommended that Donald Guravich begin the work,  until $2,000 of the budgeted $5,000 has been spent, at which point it can be reevaluated. Staff asked if the proposed work fell outside the requirement for a Coastal Permit. The Board felt that it did.

b. Minutes of February 20, 2002 Meeting

--  Kayfetz/Bertsch     unanimous     to approve the minutes with one change

c. Warrants

--  Kayfetz/Bertsch     unanimous     to approve the warrants

d. Scheduling of Next Meeting(s)

April 17, 2002

15. Adjournment

10:59 p.m.