Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
August 16, 2000      270 Elm Road, Bolinas

1.  Call to Order

8:00 p.m.

2.  Roll

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

3.  Manager’s Report

Manager Buchanan advised the Board of a forthcoming public hearing at the regular meeting of the Marin County Board of Supervisors, addressing the issues of aircraft overflight and airspace. Andrew Richards of Bay TRACON is still expected to attend the regular meeting of the BCPUD Board of Directors in September.

The first stage of the Alder Road pipeline installation project will be to replace the line from Overlook to Cedar, installing the three fire hydrants and line valves. The bad section of Alder Road will be brought up to grade as well, and allowed to season through the winter until the second section of the project is done. While the project is underway, the maintenance crew will begin exploratory work on the Aspen/Birch/Mesa Roads valving puzzle.

Director McClellan arrived at 8:09 p.m.

Staff member Kate Currey has been consulting with an Environmental Protection Agency expert on sludge disposal. Currey will be visiting a sewage treatment facility in Willits, where removing and composting a quantity of sludge is a routine annual maintenance procedure.

Rudi Ferris asked the Board to address the issue of the Coastal Permit application from Warren Weber. In view of the imminent deadline for comment on the application the Board agreed to put the issue on the agenda as an urgent item.

-- Kayfetz/McClellan     four ayes, Siedman absent    to add the topic as agenda  item 5b.

5.    Resource Recovery Project:  operations report;  July financial report

Mike Aitken reported that the project is going well, that the site is filling up more quickly than last year, indicating greater usage, and that quality compost is being produced, although sales are somewhat slow. A tub grinder will probably be rented again in October and considerable clearing of the site has been accomplished, which should allow a longer open season. Some trees will have to be trimmed to increase sunlight to the site. Several of the honeybee hives that were set up by Jack Mansfield were destroyed by yellowjackets. There are plans to plant several fruit trees along the community garden border of the site next year. Aitken estimated that it had cost about $2,000 to remove the wood from the Community Center project. The lumber is still there. The project has stimulated interest from other communities. Aitken stated that he personally has no plans to expand operations.

5b.  Coastal Permit Application 01-3 and Tidelands Permit Application 01-1:  Weber.
       Project Location: 80 Olema Bolinas Road

Rudi Ferris asked the Board to comment on the permit application, to the effect that the application, although stating the intention of removing dikes built by Warren Weber, required an insufficient amount of material to be removed for that to be accomplished, and, in using the term “restoration”, in fact was authorizing previously unpermitted dikes. The material would only have to be removed from portions of dikes existing prior to 1981, but no action was indicated for dikes that have been built since then. The issues of ditching, fencing, and draining are not broached either. John O’Connor added that four culverts supposed to improve the “reach and flow of the tide”, actually impair it.

Ferris also asked directors to comment on the flaccid role the County has played in a long-drawn out dispute over the uses of and changes to the wetlands in question by Weber. In response to Director Kayfetz’ question Ferris reported that Brian Crawford of the Marin County Planning Department, with whom he had recently met for 15 minutes had been non-committal towards Ferris’ concerns. O’Connor suggested that the Army Corps of Engineer could be encouraged in its work by some pressure at the County permitting level.

On behalf of Weber, Doug Gallagher stated that the application was part of a settlement agreement with the Army Corps of Engineers, reached after much negotiation, and that the levels specified in the application were based on expert analysis.

Director Amoroso stated that BCPUD usually handles such disagreements by conveying the various viewpoints in a letter to the County.

--  Kayfetz/McClellan     three ayes, Bertsch opposed, Siedman absent     to write a letter to the County, with copies to the ACOE and Coastal Commission, noting that the Bolinas Community Plan and the community in general consider the area under review to be one of great concern and deeply respected. The letter should pass on the information presented at the meeting and state that the Board is concerned that the evidence presented indicates a serious dispute over whether the proposed permit is sufficient to restore the land to 1981 levels. In addition, this permit should not be seen as the end of the process if more work needs to be done. The draft letter is to be distributed to all directors for review.

Gallagher pointed out that the ACOE has been working on this project for four years and that this is only part of the settlement. Kayfetz said the ACOE was being asked to consider additional materials.

Kayfetz amended the motion to replace the word “dispute” with “factual disagreement” and to note in the letter that the Community Plan and the community also give special consideration to agriculture. Amoroso added that it should also be noted that the item was added to the agenda at the last moment. A draft will be sent to directors.

McClellan stated that he had no opinion on the topic but that he wanted to see it resolved at a higher level.

4.  Community Expression (cont’d)

Cela O’Connor asked the Board to alert Marin County Open Space and the Army Corps of Engineers of its view regarding the use of public monies in the proposed opening of Seadrift Lagoon, which would benefit private parties. Staff will write a letter reiterating the Board’s earlier position.

Cela O’Connor expressed her concern that the meetings of the Point Reyes Committee of the Citizen’s Advisory Commission were not open to the public. O’Connor said she thought the BCPUD should have been notified when Point Reyes Bird Observatory attended one of their meetings. She asked that BCPUD write and ask to be notified if Rancho Baulines is on the Citizen’s Advisory Commission agenda. Director Amoroso added that the District should be apprised if any actions are taken and Director Kayfetz indicated that copies should be sent to the relevant Senators and Congressperson, drawing attention to the lack of openness to the public in these decisions.

O’Connor asked that beach issues be on the September meeting agenda as she would be able to provide easement maps to inform the Board what easements would be needed to give local control over the beach. Staff pointed out that there would be one more town meeting with Supervisor Kinsey, after which Kinsey would be looking to BCPUD for direction. The Board agreed to put the item on the September agenda.

6.  Wind Energy Generation Proposal

Bob Gold outlined a brief history of the development of alternative energy options, noting that it is now possible with self-generated energy to feed the energy produced into the electricity grid and receive a credit on the power bill.  He pointed out that deregulation of utilities in Northern California is scheduled for March 2001 and that energy prices might skyrocket, making it advisable to invest in a self-sufficient source of power. He provided the Board with some comparative cost-benefit analyses for windmills, noting that considerable financial help from the State was available for installing alternative energy sources. The newer technology reduces maintenance needs, although noise is still an issue but Gold felt that locating a windmill near Woodrat reservoir would minimize that aspect. He said he would find out more about the noise levels, while Director Kayfetz said he would get some more information about fuel cell generators that could run energy into the grid. Installing a small experimental windmill is a possibility.

7.  Committee Formation Request:  planning issues – vacation rentals limits and residential structure size limits

Nancy McDonald stated that she was concerned about houses in Bolinas becoming vacation rentals, noting that the house next to her was run as a business, having sixteen beds for sixteen people, yet was not under any business regulations. In addition residential housing was being lost through the practice and available parking downtown was being impacted. The Marin County Community Development Agency told her that it has no jurisdiction over vacation rentals. The single-family dwelling ordinance is no longer on the books.

Cela O’Connor said she would also like to find a way of controlling unlimited oversize building. Director Kayfetz noted that, in principle, the Expanded Water Use Permit process was supposed to restrict the conversion of cabins to castles, although it has not always been used to effect. He said the County is proposing to impose a size limit on buildings, above which a design review will be required.

Director Bertsch, expressing her support for the formation of a committee to study both issues, saw this as an opportunity to amend the Community Plan.

Staff will publicise the formation of a committee in the Hearsay News, with an application deadline in line with the September meeting.

8.   Bolinas-Stinson Paths Group: request for reconsideration of support of paved shoulder on Olema-Bolinas Road

Nina Bellak informed directors that their previous approval of paving the shoulder of the Olema-Bolinas Road with the addition of a physical barrier had made the project too complex and less likely to be realized. Jim Wagner of the Department of Public Works had also disagreed that it would be a safety enhancement. She asked the Board to reconsider its previous position, viewing the paving as an incremental improvement  rather than a bicycle path. Director Kayfetz reaffirmed his original view that the shoulder would be less safe if paved without a physical barrier, that widening it would increase the speed of traffic and attract parking. Director Amoroso said he also was concerned about widening the access road into Bolinas. Director Bertsch stated her support for Bellak’s proposal, as the least invasive. Ann Young suggested setting a culvert in the drainage ditch on the west side of the northern stretch and paving over it. Bellak will investigate that possibility.

--  Bertsch/McClellan     to support paving the shoulder without physical separation

Kayfetz said he had no objection on the hill but still wanted a barrier where the road levels off.

Bertsch withdrew her motion

--  McClellan/Kayfetz       four ayes, Siedman absent     to support installing a culvert in the ditch on the western side of the road and widening and paving the shoulders to a distance of 100 ft below the bottom of each hillside.

9.  Kale Road Maintenance:  clarification of March 15, 2000 Board order to remove spoils

Manager Buchanan asked the Board what action they would like to take on Jerry Tergis’ lack of response to the District letter of March 24, informing him that he must remove the spoils on Kale Road. Any enforcement would require having the road boundaries surveyed first. Director Bertsch said that after having seen the road she felt the problem was negligible. Director McClellan stated that it was necessary to back up Board decisions. Director Amoroso asked staff to get an estimate for surveying the area.


10.  Solid Waste:  2002 Solid Waste Management Initiative – November 7, 2000 Advisory
       Measure – wording of the primary argument in favor of the measure – set hearing date

--  Kayfetz/Bertsch     three ayes, Bertsch opposed, Siedman absent      to adopt argument wording as amended

Director Amoroso stated that he would like the wording to refer to the transition from Shoreline Disposal to Waste Management. “Argument” was changed to the more accurate  “analysis”.  The phrasing of the explanation of comparative costs was altered.

11.  Request For Community Input:  downtown espresso cart proposal – Elizabeth Cross

Elizabeth Cross, a resident of Stinson Beach, asked for reaction to the idea of an espresso cart in Bolinas, possibly located at the Bakery, the gas station or the lumberyard. Aside from Director McClellan, who didn’t feel that an espresso cart would bring more tourists to Bolinas, the overall response was not encouraging.

12.  Pine Gulch Creek Riparian Area Management Agreement

Manager Buchanan informed the Board that the District has applied for a grant to construct a fence to exclude cattle from a section of Pine Gulch Creek owned by the District, and to modify the adjacent property owner’s water line, which runs across BCPUD property. The neighbor has grazing rights at present. The grant was submitted to meet the deadline of August 11, with the condition that the Management Plan Agreement section of the proposal meets Board approval. The Management Plan commits the District to ten years of maintenance of the fence but that might be taken care of by volunteers.

--  Kayfetz/Bertsch     four ayes, Siedman absent     to approve the proposal.

13.  Mesa Septic:  small communities grant program household income survey

In order to qualify for the Small Communities Grant Program, Rich Condit of the State Water Quality Control Board has indicated that the District must conduct a houshold income survey. A response rate of 75% or more is required and the results must indicate a median household income of less that $32,000 to be eligible. Staff will call Condit for clarification on the necessity of the survey, given that any grants available are restricted for uses other than the District’s needs, that there is no guarantee of getting one, and that the results might make the District ineligible anyway.

Director Kayfetz left at 11:22 p.m.

14.  Resolution 450, citing Board Of Directors' Choices For Determining 2000-01 Appropriations Limits

--  McClellan/Bertsch      three ayes, Kayfetz, Siedman absent     to approve Resolution 450.

15.  Resolution 451, Stating District's Appropriations Limit for Fiscal 2000-01

--  Bertsch/McClellan      three ayes, Kayfetz, Siedman absent     to approve Resolution 451

16.  Resolution 453, Amending Loan Agreement No. 90-1-56100: repayment dates

Director Amoroso indicated that Director Kayfetz, in addition to Director Siedman, who has already discussed the agreement with Manager Buchanan, should review the resolution.


17.  Contract Award:  water storage tank repair project

--  Bertsch/McClellan     three ayes, Kayfetz, Siedman absent     to approve Resolution 452, awarding the project contract to Quality Painting and Maintenance Co.

18.  Other Business

a.  Committee Reports

      -- Downtown Parking

Attendance seems to be healthy. The committee seems to be working well.

      -- Finance:  4th quarter financial report


      -- Legal:

District Counsel Hadden Roth will not directly bill Richard Harris for his costs on the Orrick, Herrington case.

West Marin Landfill is being sued by the State of California for failing to close the dump when required and is now cross-complaining against all the other parties involved. Peter Brekhus is tolling all the parties while the mediation is in progress.

         -- Park and Recreation:


b.  Minutes of July 19, 2000 Meeting

--  Bertsch/McClellan     three ayes, Kayfetz, Siedman absent     to approve minutes.

c.  Warrants

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

d.  Scheduling of Next Meeting(s)

September 20, 2000

17.  Adjournment

11:50 p.m.