Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
April 17, 2002  270 Elm Road, Bolinas

1.  Call to Order

8:00 p.m.

2.  Roll

Directors Amoroso, Bertsch, Kayfetz, Siedman present. Director McClellan on leave.
Director Bertsch presiding

3.  Manager’s Report

Manager Buchanan will seek an extension of the time limit on the estimate for the work on the backup generator at the water treatment plant until the new budget year but will authorize the start of the more urgent work on the generator at the lift station.

The sudden appearance of a sinkhole on one of the wastewater treatment facility paths has led to concern that the surfacing roots of a nearby eucalyptus tree are causing damage to the force main which parallels the route of the path. The Board had no objection to the emergency removal of the tree in question.

Staff attended a special meeting for LAFCO where the topic of financing LAFCO was discussed. BCPUD’s share this year will be $755.

The Elections Office has no objections to the process of widening voting boundaries for BCPUD advisory measures, asking only that a cover letter noting any proposed changes accompany the resolution asking for the election.

Administrative Assistant Jill Whitcroft is changing her schedule to 9 a.m. to 2 p.m., Monday – Wednesday and Friday with Thursdays off.

The proposed new bus service has contacted staff seeking a secure parking place for its bus. Wastewater Treatment Facility Operator Kate Currey has approved a spot inside the primary treatment pond fence. There were no objections.

Any comments on the draft newsletter and 2002 Consumer Confidence Report should be submitted to the office by Monday, April 22.

There has been no response from Marin County Community Development Agency director, Brian Crawford, to the letter objecting to the CDA’s failure to comply with CEQA regulations regarding Star Route Farm. Additional letters of concern have been sent by John O’Connor, Rudi Ferris, and Ken Fox of the Tomales Bay Association. Director Kayfetz stated that the Army Corps of Engineers and the Water Resources Control Board have also been looking the other way but Rudi Ferris indicated that the Corps had not been allowed to finish its study and its recommendation that the dykes be removed has not been met. Ferris assured those present that objections were not directed against Warren Weber or Star Route Farms personally but to the County’s role in ignoring hard-won environmental laws. He added that the County’s and the town’s support of organic farming might not be served by Weber’s removal of the land from the Williamson Act. Director Amoroso noted that the only solution he could see would be to purchase the land as open space.

4.  Community Expression

Director Siedman reported that members of the community have expressed interest in Director Kayfetz’ plans as a member of the board, now that his house has been sold. Director Kayfetz stated that he still has ownership interest in another house in Bolinas, that he spends time here and may buy another house. Bob Levitt said that there is talk of a recall in the community, with many people feeling that a director of the BCPUD should be a full resident of the community. He hoped a recall would not be necessary, not wishing to see a repeat of the recent level of bad feeling over the bike path issue, and asked Kayfetz if he “would see the writing on the wall” to avoid such a situation. He asked the Board for its position on the residency requirements of its members. Director Amoroso said it is a matter between the voters and the director and noted that there has been a precedent of a non-resident director. Director Kayfetz stated that he sees residence as a function of intent and state of mind, rather than time spent in a locale. His family affairs have caused him to move out of town but he plans to return when his children no longer need medical and instructional facilities elsewhere. He didn’t think a recall would succeed, given his contribution to the community and the precedent of Genie McNaughton’s non-resident directorship.

 5.  Coastal Permit 02-24 / Use Permit 02-32 Applications:  Russum
     project location:  305 Jute Road, Bolinas

The original application was made in 1994 and given an Unconditional Expanded Water Use Permit. Directors reaffirmed the 1994 decision.

6.  Building Permit Application:  Finkelstein
     project location:  35 Queen Road

Dr. Finkelstein confirmed that he has withdrawn his permit application for 35 Queen Road and is looking for the proper way to submit his application. Director Kayfetz reported that County Counsel is reviewing a draft of a point-by-point response letter from Marin County Community Development Agency to the District’s letter of comment on the recent permit application. Apparently Finkelstein’s property has been considered as a merged parcel, even though a BCPUD road separates the two lots. Kayfetz stated that the road is a third-party ownership, not an easement, thus making two separate parcels. Director Siedman confirmed that the County has repeatedly refused to merge lots when separated by a road. Director Bertsch mentioned the concerns for the stability of the fragile bluff and that it was important that the many ordinances, laws and regulations designed to protect such areas be observed. Finkelstein stated that he is also concerned, that he has engaged Judith Lowry to replant the area and that his geotechnical report suggests that the cliff zone is not threatened. Dolores Richards said the replanting is only in the area owned by BCPUD and that the Finkelstein property is not threatened by water erosion as her property is. Kayfetz said the County should be even-handed in its interpretation of the Coastal Commission rules and the Bolinas Community Plan.

7.  Request to Amend Ordinance 30, Governing Gridded Mesa          Road Network, To Incorporate Marin County Code Language Re Unlawful Obstructions

Matt Lewis indicated that he is increasingly frustrated by the number of fences being built in the rights of way on the Mesa and the refusal of Marin County officials to recognize the flouting of its own ordinances on visibility obstructions. He asked BCPUD to make recommendations to the County for the appropriate setbacks from BCPUD roads. There were no objections to Director Kayfetz’ proposal to send a letter to the County reiterating the District’s earlier position; suggesting the County set standards proportionate to the speeds and scale of roads on the Mesa and enclosing BCPUD’s previous letter on the subject. Kayfetz suggested noting the County’s interest in the safety of children going to and from school. Director Siedman recommended identifying the most serious violations. The letter will be circulated to directors in draft form before going to the County.

8.   Solid Waste:  Garbage/Recycling Franchise Agreement

Directors considered the pros and cons of the three proposals for garbage collection now before them. Solid Waste Committee members Directors Kayfetz and Amoroso noted that all three proposals are competitive with collection rates reduced by almost 20%. They offer significant franchise fees, ranging from 45-100 thousand dollars for a ten-year contract. Waste Management had been told that if it met the District’s requests to offer greenwaste pickup and a larger franchise fee, both of which it has done, it would be hard to refuse their proposal. The other two proposals have a “greener” approach than WM but do not have the security offered by its size, stability and history. However, larger franchise fees paid up front by Biagini and Industrial Carting would provide a security cushion for the District. Biagini would use the smaller truck and box model originally proposed by solid waste consultant Paul Rottenberg.  The Solid Waste Committee recommended asking the companies that wished to continue in the bid process to provide actual contract language within the next two weeks, in time for a review by the District’s attorney before the May meeting. Director Siedman asked staff to provide a report comparing the operating differences.

9. Wind Energy Project Proposal:  status report

Wind energy consultant Bob Gold recommended the District start the PG&E interconnection application. A soils engineer will be needed for part of the data collection. Staff recommended completing the California Environmental Quality Act requirements before making any major financial investment. A draft of the CEQA-required Declaration of Negative Impact will be sent to concerned parties before appearing on the agenda of the May meeting.

10.  Mesa Park:  appointment of commissioner to fill vacancy

Leslie Steiner has withdrawn her application and Andy Blake has submitted one.

--  Kayfetz/Amoroso      three ayes, Siedman abstaining, McClellan on leave      to appoint Andy Blake to the Mesa Park Board of Commissioners

11.  Bicycle/Pedestrian Path Process:  status report

Director Kayfetz reported that he had organized a meeting with Supervisor Kinsey which was attended by Kinsey, his aide Liza Cross, Tina Ann, Dale Polissar, Judy Molyneux, Tom Williard and himself. He described it as a fact-finding meeting to establish what the County would do. He reported that Kinsey had said the Transportation Enhancement Act funds available to Bolinas could be used for an off-road path that doesn’t have to be 8 feet wide and that, although Kinsey himself would prefer a four-foot wide path, the funds would not pay for anything less than 6 feet wide. He reported that Kinsey has been dealing with adjacent landowners and that it may be possible to create an off-road path all the way from the school campus to downtown that would not be as steep going up the hill. Kinsey will try to verify the landowner cooperation before the next scheduled community meeting on April 23. In addition Kinsey plans to attend a community meeting in May. Kinsey had told the group that there is strong pressure from other projects in line and there needs to be a strong showing of support form the community before June if Bolinas is to keep the TEA funds.

Jennie Pfeiffer expressed concern about the secret nature of the meeting, and said it would have been better if Kinsey had met with the community. Kayfetz stated that he was following up on his commitment, as printed in the Point Reyes Light prior to the election, to create a safe path for kids. He felt it was important to find out what constraints there might be. He had asked a number of people who could put a group together. Pfeiffer went on to ask if the subject of the ditch at the top of Phinney’s Hill had been addressed. Kayfetz said a sketch of it had been shown. He said speed limits on Gospel Flats had not been discussed; only flashing lights. Crosswalks had been talked about only in relation to the path.

12.   Other Business

a. Committee Reports

--Finance:  draft 2002-03 budget

In relation to the budget, staff reported that some items had been deferred on the assumption that funds from the sale of the Pine Gulch Creek property would pay for them, but he has now been told by the appraiser for the Park Service that the property has very little value because it has an insufficient access. Director Siedman said that by law every property must have access provided and Director Kayfetz added that the BCPUD has condemnation power both inside and outside the District. Siedman will undertake further discussions with the appraiser.

Directors received the draft budget.


Staff noted that an accounting error in the interest calculation on the legal fees incurred by Orrick v. Harris has been corrected.

-- Park and Recreation:

Director Siedman noted the failure of Measure G to create a parcel tax with a 65/35 vote. He said the Park Board is considering whether to try again in the November election

The outcome of the state grant application will be announced by May 1, 2002. The Park is also planning to apply to Marin Community Foundation for funds.

The Personnel Committee announced that the employees want to renegotiate the MOU, to which end a meeting has been set for April 30.

--Solid Waste:  Resource Recovery Project:  financial / operations reports

Jenny Pfeiffer sang the praises of Mike Aitken, whose tremendous donations of time and energy to the project have made the project such a success. There were no objections to Director Kayfetz’ suggestion to send a letter of appreciation to Aitken.

b. Minutes of March 20, 2002 Meeting

--  Kayfetz/Amoroso      four ayes, McClellan on leave      to approve the minutes

c. Warrants

--  Kayfetz/Amoroso      four ayes, McClellan on leave      to approve the warrants

d.  Scheduling of Next Meeting(s)

May 15, 2002

13. Adjournment

10:47 p.m.