Bolinas Community Public Utility District

A Regular  Meeting  Of  The Board  Of  Directors
July 18, 2001      270 Elm Road, Bolinas

1.  Call to Order

8:02 p.m.

2.  Roll

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

3.  Manager’s Report

Marin County Department of Public Works is preparing to repave Brighton and Terrace Avenues and some surfaces on the Mesa. Some distribution system valve risers have to be prepared in advance and those that need to be brought up to grade can be done immediately following the repaving, taking advantage of the DPW’s traffic controls, especially on Terrace.

The barrier to the beach entrance on Wharf Road has been installed as illustrated by a drawing from the County of Marin Department of Public Works. Staff will contact the project coordinator, Bob Beaumont to discuss the possibility of adding a chain barrier to prevent motorcycle access to the beach as well.

Pond 1A at the wastewater treatment facility is drying out, revealing a high cone of sludge which Operator Kate Currey is recommending be removed with a small rented Bobcat and trucked to Redwood Landfill, pending compliance with Redwood’s constituent testing requirements. Such immediate action to deal with the sludge buildup would still allow the possibility of composting or pursuing Bailey Green’s digester pit proposal. Directors had no objections to Curreys’s proposal.

Staff will draft a resolution clearly stating District policy on water provision across property lines, to be presented at the August meeting.

Director Amoroso recommended that Rudy Ferris, Ann Young, Meg Simonds, Cabe Silverhame, Ilke Hartmann and either Dale Polissar or Judy Molyneux be appointed to the Eucalyptus Control Committee, at the August meeting.

4.  Community Expression

The Board received a letter from Lou Commons complaining about Waste Management’s trucks passing her house on Mesa Road on their way to drop off and pick up dumpsters at 268 Mesa Road. Although directors didn’t feel it was within BCPUD’s purview to tell Waste Management how to conduct its business, staff will pass along the complaint to Ken Foley and Director Kayfetz will check with Marin County Department of Environmental Health on the legality of the use of 268 Mesa Road for such a purpose.

Directors received a letter concerning parking and traffic issues from Barbara Kayfetz without comment.

Directors chose to ignore a request for feedback from Marin County Supervisor Kinsey’s aide, Liza Crosse, on information she submitted on cleanup bags for animal feces, that could be placed at the beach.

5.  Resolution 464, approving BCPUD budget for fiscal year 2001-02

--  Siedman/Bertsch      unanimous     to approve Resolution 464.

6.  Resolution 465, stating current rates and charges for water and sewer service

-- Kayfetz/Amoroso   unanimous     to approve Resolution 465.

7.  Resolution 466, approving actions taken by BCPUD manager to ensure that all fees and charges comply with Proposition 218

--  Siedman/Bertsch      unanimous     to approve Resolution 466.

8.  Downtown Parking Committee:  Phase II recommendations

Downtown Parking Committee (DPC) representative Pat Gonzales asked the Board to add the following General Recommendations to the ones submitted to the County of Marin in June:

Reduce speed limit on Wharf and Brighton to 15 mph.
Reduce speed limit on from the corner of Wharf/Brighton to Mesa Rd. Stop sign to 25 mph.
Double current “No Parking” sign violation fine from $18 to $36 and add Civil code and amount of fine to all no parking signs.
Require use permits for all businesses operating in public places, with restrictions on the number of spaces they may use, and oversee changes in any and all use permits which may result in increased parking demand.
Enforce all existing parking ordinances in a fair and consistent manner.

Gonzales stated that all recommendations had been approved by the DPC twice with the objections of only one member. Director Amoroso suggested proposing a meeting with the County and the DPC to open lines of communication. David Liebenstein noted that he is still planning to provide off-street parking for his employees and has offered additional space to employees of Bolinas Museum and Fineline.

--  Amoroso/Bertsch      unanimous     to send the committee’s additional recommendations to County of Marin

The second part of the committee’s presentation asked for an advisory poll on the November 2001 ballot for voter approval of a “94924 Parking Plan”, which would be presented to the community at the September BCPUD meeting. The current parking situation in the downtown area was described as unfairly impacting downtown residents, affecting local businesses, and diminishing the sense of community as Mesa residents and others avoid the downtown.

Broadly speaking the parking plan would assign a number of parking spaces downtown to “resident only” parking. All vehicles registered in the 94924 zip code, or proving residence, would be issued a parking sticker or be traceable through a handheld electronic database; enforcement would be by a local person. A Bolinas Parking District could be created or the County could delegate its authority to BCPUD. The ballot would ask for approval of the principle of the plan, as details could still be open to adjustment.

The committee was complimented on the thoroughness of its work. Director Amoroso stated that he objected to the proposal; even though he felt the overall direction of the plan was right, he feared it was being driven by a timetable and would like to see a plan that was implemented more incrementally. He was concerned about the impact of the plan in off-peak hours. Phil Binley pointed out that the plan would only have an effect when traffic was heavy. Director Kayfetz noted that the worst that could happen would be a follow-up poll, if the November one were is unsatisfactory. Joel Braverman said that using a database opened up all kinds of cross-referencing possibilities and was concerned for the many local unregistered vehicles.

--  Kayfetz/Bertsch     four ayes, Amoroso opposed     to put the measure on, as requested

Amoroso said he was standing down as the BCPUD representative on the committee because of his opposition. Kayfetz suggested that Amoroso remain to represent a contrary view. Bertsch said she would replace him. volunteered to act as a second BCPUD representative on the committee.  Otherwise the current structure of the committee will remain.

--  Kayfetz/Bertsch     four ayes, Amoroso abstained     to send a letter to the County, describing the current situation, introducing the committee and requesting the $5,000 promised by then-Supervisor Gary Giacomini in 1992 to conduct a full traffic study.

9.  November 6, 2001 Advisory Measure(s):  ballot wording – bicycle/pedestrian path

Director Siedman reported that an alternative path design group composed of proponents and opponents of the initial path proposal has had a productive informal meeting. He recommended waiting on creating specific language for the ballot wording until a more detailed plan is developed. Judy Molyneux is working on creating an artist’s concept, possibly combined with photographs taken by Barbara Kayfetz. Siedman stated he perceived movement towards trying to solve the problems. Molyneux agreed with most of his remarks but felt it was still important to have an advisory vote in November, whether or not there was a developed alternative. Siedman said many votes would be lost to the possibility of an alternative, if one was not on the table, and thus might result in a negative outcome for any proposal. He also felt optimistic that a consensus could be achieved, thus reducing the polarization within the community. Director Bertsch agreed, recommending revisiting the topic at the December meeting, with a view to the March, 2002 ballot, when a more fully developed alternative would might be available. Director Kayfetz said that there was no obligation for opponents of a plan to provide an alternative. Director Amoroso said he wanted to know what the County would do if an alternative were settled on. Dale Polissar pushed for a November vote, fearing that the current proposal would continue its inevitable course if the town didn’t make its opposition known.

The ongoing question of how to vote on something about which one doesn’t have details was brought up. Nina Bellak expressed optimism about the process of looking at alternatives, noting the interesting surface material being researched. Siedman spoke in favor of pursuing ideals and believing it possible for the community to get what it wants. Barbara Kayfetz stated that the director of Caltrans had assured her that they would build any type of school path desired by the community. Amoroso noted that proponents of a plan use the tactic of saying there is no alternative. He saw no need to wait until March. He opposed waiting until March, saying that such a proposal is too complicated and open to abuse, and that he preferred to go forward with an up/down vote in November. Molyneux doubted if an alternative would ever be viable since the County can always impose legal constraints. Kayfetz pressed Bellak to declare that she would abandon support for the “Caltrans” proposal if it lost in an advisory poll. She stated that if the community refused a fair proposal she would accept that decision. Bellak declared that it was not appropriate to demonize the County as guilty of forcing the project on the community.

--  Kayfetz/Bertsch     three ayes, Amoroso opposed, McClellan abstained     to let the Board put an appropriate question about any path that is consensually developed on the ballot in March or April with the initial proposal, if it is still deemed popular. If no such alternative plan is available, then the initial proposal will go on the ballot alone.

Staff will inform the County of the Board’s decision.

10.  Request for support of rescission of Marin County Ordinance re public consumption of
alcohol: Coast Cafe

David Liebenstein stated that his initial request was moot as the situation has now been resolved
Director Kayfetz noted that a letter of concern about Liebenstein’s failure to provide offstreet parking had been sent to the Board. The parking provision had been agreed on in his application for an expanded water County of Marin Use Permit. Liebenstein said he would work on it.

11. Authorization To Proceed:  Wharf Rd pump station repair; Alder Road pipeline project

--  Kayfetz/Bertsch     unanimous     to authorize staff to proceed with the Wharf Road pump station repair and the Alder Road pipeline project

12.  Bolinas Lagoon Watershed Council:  appointment of BCPUD representative


13.  California Coastal Commission:  offer to dedicate access easement - Brighton Beach

The District already has two easements providing access to the beach. This one would provide access across the top of the bulkhead to the south, giving access at high tide.

--  Amoroso/Kayfetz       unanimous     to accept the easement provided the District bears no responsibility for maintenance and repair.

14.  Other Business

a.  Committee Reports

-- Bolinas Committee on Park Planning:

Cela O’Connor reported that the Bolinas Committee on Park Planning (BCOPP) met with National Park Superintendent Don Neubacher, Dennis Rodoni and Gordon White, the Park historian. BCOPP is now waiting to see if agreement with the Park on use guidelines for Rancho Baulines will be reached once the Park has compared BCOPP’s guidelines with its own.

In addition, the idea of nominating the old RCA site, where Commonweal is now located, as a “Landmark” in the Park History Register has been floated. Neubacher has stated that the site would be curatorial, not a visitor center. Director Kayfetz said the situation should be closely monitored, as it has the potential for becoming another visitor center. He suggested that BCOPP document what occurs at each meeting and confirm it in correspondence. Staff, pending provision of draft language from Cela O’Connor, will request BCOPP’s inclusion at all meetings on the topic and at the Point Reyes Committee meetings of the Citizen’s Advisory Commission.

 -- Legal:
    Orrick vs. BCPUD
    Richard Harris asked the Board to advise its counsel, Hadden Roth to take certain actions with respect to
    Orrick v. BCPUD and requested that it authorize writing again to Orrick asking for full particulars of the
    trust fund account. The Board referred both matters to its attorney.

    Harris will be advised periodically of Roth’s billing costs to the District.

-- Park and Recreation:

Director Siedman noted that plans for a skatepark at Mesa Park are being developed and would come before the Board when ready.

 -- Solid Waste:

        Resource Recovery Project:  finance / operations;

        The Board received the financial report without comment.

        Waste Management 2002 contract negotiations update

        So far, Waste Management has not submitted any rate change request to Stinson Beach County Water District,
        as expected, prior to negotiations with BCPUD. Director Amoroso advised keeping consultant Paul
        Rottenberg  updated.

-- Sewer:
    Eucalyptus containment

    Addressed under Manager’s Report.

b. Minutes of June 20, 2001 Meeting

--  Kayfetz/Bertsch     unanimous      to approve the June 20, 2001 minutes

c. Warrants

--  Kayfetz/Bertsch     unanimous      to approve the warrants

d. Scheduling of Next Meeting(s)

August 22, 2001

15.  Adjournment

11:01 p.m.