Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
August 21, 2002  270 Elm Road, Bolinas

1.  Call to Order

8:02 p.m.

2.  Roll

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

3. Managerís Report

BWS Distributors has quoted $2,700 for the safety hoist for the lift station.

--  Kayfetz/Siedman  unanimous to approve purchase of hoist

The requirements proposed by the attorney for Michael Moritz on the granting of a wider easement for access to the Districtís Pine Gulch Creek property are not all acceptable to the National Park Service. The NPS cannot agree to never build any structures on the property, rather to use it only for Park purposes. National Park Superintendent Don Neubacher has indicated that the issue of the easement and that of the NPSí position regarding Moritzí development application must remain separate. Manager Buchanan will convey the concerns of the Board, particularly the position of the Park, to district attorney Hadden Roth. Cela OíConnor noted that Moritz is now applying to change the zoning of his property and continues to locate his proposed building on top of the ridge. Directors Siedman and Amoroso will meet with realtor Gerry Coles who has offered a free consultation with the District on negotiating Park property purchases.

The Bolinas Childrenís Center has requested permission to set up a monthly flea market on the green space next to the main building. Concerns about the impact on neighbors, and publicity and signage were expressed but, with the provisos that those are addressed, that there is no adverse impact on the Districtís insurance and that the item is formally announced on the agenda of the September meeting, and again in October for feedback, the proposal was permitted to go forward.

4.  Community Expression

The Board received correspondence between Rudi Ferris and the National Park Service concerning Pine Gulch Creek and the Bolinas Lagoon Technical Advisory Committee.

Heidi Hughes, a Kale Road weekend resident, expressed her concerns about roadwork done near her house by Don Murch, without notification. Staff affirmed that the work had all been in the BCPUD easement and was consistent with the Mesa drainage plan. Continued to September meeting.

Cela informed the Board that the Marin County draft Development Code has been approved by the Planning Commission and is now open for public comment.

4. Solid Waste:  garbage/recycling franchise agreement

Industrial Carting opened the discussion with a statement of its philosophy and goals, emphasizing its focus on ďZero WasteĒ, which would include an expanded recycling program, and public education. In response to questions I.C said it would pay a $100,000 franchise fee, $45,000 of which would be up front with the remainder coming from  annual adjustments or percentage increases to customer rates. It would use small trucks, similar to Waste Managementís  for collection, would collect recycling, greenwaste and garbage all on the same day and would take everything out of town except the greenwaste which would go to Resource Recovery. Public trash containers would be provided at no charge. The garbage cans would be provided by residents, the existing recycling cans would remain and rolling carts would be supplied for greenwaste, if requested.

The rates for all three companies, Industrial Carting, Biagini Waste Reduction Systems, and Waste Management are comparable. Director Amoroso was assured that ICís franchise with Bolinas would be a direct relationship, not with a subsidiary. Both IC and Biagini would be ready to start collection within a month of finalizing the contract.

Waste Managementís Ken Foley emphasized WMís history of good service and its responsiveness the Boardís demands. It has also increased its recycling and greenwaste collection service to include small appliances, e-waste, textiles, etc. and would offer free rolling carts to all customers for all three types of waste, garbage, recycling, and green. All commercial recycling would be at no charge.

Paul Rottenberg, speaking for Mike Biagini, noted his disadvantage, having been unaware of the last minute revisions to the proposals from Waste Management and Industrial Carting. He affirmed the smallness of the company and its ability to work with the District. It would be able to change from its initial small-carts-on-trailers system to small trucks if necessary. It would leave a 40 yd. recycling container in town to be emptied as necessary, and possibly its carts, nested, but the garbage would be removed on the same day although the total collection for residential and commercial would be over two days.

Several people in the audience spoke in favor of working with smaller companies, and against Waste Managementís ethical and legal history with the District and elsewhere, although generally its service history has been good.

Director Siedman reiterated the above sentiments, adding that he had some doubts about the system proposed by Biagini and would favor awarding the contract to Industrial Carting. He added that the Board was probably not interested in adding on a franchise fee that would be passed on to customers.

Director Bertsch said that although she was interested in IC she had reservations about switching services and was inclined to stay with WM. She also did not favor passing on additional franchise fees to customers.

Director Kayfetz said he preferred to withhold his opinion, if possible, citing a possible conflict of interest. He noted that any decision would be contingent on the terms of the contract.

Director Amoroso stated that he liked the extra money offered by Biagini but was concerned about its operating system.

--  Bertsch/Kayfetz    Bertsch in favor, Amoroso, McClellan, Siedman opposed, Kayfetz abstained   to award the contract to Waste Management

--  Siedman/Kayfetz   Siedman in favor, Amoroso, McClellan, Bertsch opposed, Kayfetz abstained   to award the contract to Industrial Carting

--  Amoroso/Kayfetz   Amoroso, Kayfetz, McClellan in favor, Bertsch, Siedman opposed  to award the contract to Biagini Waste Reduction Services

6.  Expanded Water Use Permit Application:  Mortezaie/Moghadam (Bolinas Garage)
     project location:  6 Wharf Road

Daran Moghadan stated that he was resubmitting an Expanded Water Use Permit Application as requested. He said that there were no changes from his original application. Director Kayfetz said that concerns had been raised about the advertisement of rooms with hot tubs for rent by the night, which had not been stated in the original application. He questioned the implicatons for water use and the impact on parking. Moghadan said that the apartment has three bedrooms; each has a whirlpool bathtub, which recycles water; he occupies one bedroom, and, as recommended in the Bolinas Community Plan, he plans to rent out the others. Kayfetz insisted that Moghadan is illegally occupying the attic space. Moghadan Moghadan denied it. Director Amoroso noted that renting out rooms actually diminishes water use due to reduced occupancy.  Kayfetz expressed concerns about the take-out food operation having an effect on water use, parking and traffic. The food preparation enterprise requires a Use Permit which Moghadan does not yet have. All of the activities he proposes are allowed for in his Coastal Permit. Kayfetz noted that it appears that BCPUD does not have a basis to focus on parking issues via the Bolinas Community Plan.

--  Kayfetz/Amoroso  four ayes, Siedman abstaining  to approve a Conditional Expanded Water Use Permit, with the current usage restriction to remain in effect.

7.  Expanded Water Use Permit Application:  Blackman/Eichhorst
     project location:  345 Walnut

No additional water fixtures are proposed and the footprint of the house will increase by less than 125 sq. ft. Staff recommended an Unconditional Expanded Water Use Permit

--  Kayfetz/ Siedman  unanimous  to approve an Unconditional Expanded Water Use Permit

8.  Bicycle/Pedestrian Path Process:  status report;  request to form committee to study path
     proposals on BCPUD land from Olema-Bolinas Road to the Mesa

The ballot arguments for and against Measure R have been submitted and the deadline for rebuttals approaches. Jody Angel spoke against Measure R, claiming that the group that submitted it was biased, since no-one in the group was against the measure.  Regarding the formation of a committee to explore path options on BCPUD land she said it is premature to form such a group; Measure R should be voted on first. She said the BCPUD land should be called a sewer; that it isnít fenced off because the community promised that the public would not be there; that it should be preserved for the exclusive peaceful enjoyment of pedestrians; that Supervisor Steve Kinsey has told her that the County of Marin would not provide liability insurance for it. Finally, she said it is very dangerous and asked why an eight-foot wide path has been marked out there.

Director Amoroso indicated that he agreed that access to the spray area should not be considered but he thought a path parallel to Mesa Road would not be a problem. He had no objection to appointing a committee to explore and develop the options.

--  Amoroso/Kayfetz   unanimous  to form a committee to explore and develop options for a path(s) linking the Mesa to Olema-Bolinas Road

9.  Point Reyes National Seashore / Golden Gate National Recreation Area:  consideration of support for letter from various local groups, including Preserve Historic Olema Valley, urging National Park Service to complete the General Management Plan update

--  Amoroso/Kayfetz   unanimous  to agree in principle to sign the letter once it is available and has been submitted to all Directors and found to be acceptable

Cela OíConnor noted that the National Park Service had been supposed to form a committee to oversee the management of the Wilkins Ranch but that has not happened.

10.  Coastal Permit Application 01-03 / Tidelands Permit 01-01:  Star Route Farms (Weber)
project location:  80 Olema-Bolinas Road (AP# 195-290-13,24); Habitat Investigation:  Marin County response to OíConnor letter

The Permit Application is for the removal of the dikes on the Weber farmland adjacent to the Bolinas Lagoon.

Cela OíConnor stated that she is in possession of two Transmittal Memoranda, one of which requires restoring the land to its original condition and the other of which requires restoring the land to its 1981 condition.

--  Kayfetz/Siedman   four ayes, Amoroso opposed  to write a comment in support of the proposal contained in the August 2, 2002 Transmittal Memorandum, restoring the land to its pre-diked condition.

11.  Bolinas Lagoon Ecosystem Restoration Project:  Draft EIR/EIS; FOIA/PRA requests;
      responses to letters demanding Congressional investigation

Manager Buchanan reported that the State and County agencies have responded to the BCPUDís Public Records Act request but that the Army Corps of Engineers and NOAA have not responded to the Freedom of Information Act requests.

--  Amoroso/Kayfetz  unanimous to ask the County to postpone the deadline for comment to 60 days after the Corps and NOAA comply with the requests.

Director Kayfetz added that the information on who has and who hasnít complied should be indicated, pointing out that this information is critical if a concerned local agency and the taxpayers are to evaluate the impacts of the proposed project. He asked that copies of the letter be sent to all publicly elected officials, with a note added to the list of cc.s thanking Assemblyman Burton for being the only one to respond to the BCPUDís previous letter on this matter which involves an estimated hundred million public dollars.

Cela OíConner suggested talking to Stephen Volker about what remedy might be taken to make the Corps and NOAA comply.

Director Amoroso expressed concern that the exclusion of Seadrift lagoon from the proposals indicates that the Environmental Impact Report is not a true one. He also wants to know why the cost has jumped from an initial projection of $15M to $100M.

12.  Resolution No. 479, Citing Board of Directorsí Choices for Determining 2002-03
       Appropriations Limits

--  Amoroso/Bertsch   unanimous   to approve Resolution 479

13.  Resolution No. 480, Stating BCPUDís Appropriations Limit for Fiscal 2002-03

--  Siedman/Bertsch   unanimous to approve Resolution 480

14.  Other Business

a. Committee Reports

-- Alternative Energy:

The Board received the latest anemometer data. There were no objections to purchasing a temperature sensor for $200 as recommended by Bob Gold. Director Amoroso queried whether it might be appropriate to move the anemometer to another location. He asked for a comparison with the previous data from the current site.

-- Finance:  4th Quarter Financial Report

--  Siedman/Bertsch  unanimous  to approve the 4th Quarter Financial Report and the draft audit, subject to review by the Finance Committee

-- Legal:

Director Kayfetz reported that after talking to District counsel Hadden Roth he believes the BCPUD should wait until Orrick has concluded its dealings with Richard Harris before pushing for the delivery of its records from Orrick. He said Orrick has no right to hold on to them, even though the District hasnít paid them the last part of their fee, but he doesnít believe they will destroy them. Kayfetz speculated that Orrick may have overcharged BCPUD.

-- Mesa Septic, Roads and Drainage:

Nothing to report.

-- Operations:

Nothing to report.

 -- Park and Recreation:  Mesa Park:  acceptance of Robert Hunterís resignation from Board of Commissioners; notice seeking applicants for appointment to Board

Director Siedman reported that Mesa Park Commissioner Robert Hunter has resigned and a replacement must be sought to finish his term. The parcel tax measure that was narrowly defeated in March will be on the November ballot again, as Measure S.

-- Personnel:

The staff have accepted the MOU as approved. Weekend Shift Operator Lewie Likover has expressed an interest in additional hours, which meets the approval of the other crewmembers. However it seems advisable to wait to add them in the draft 2003-04 budget.

-- Sewer:

The eucalyptus containment program is in its final stages.

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

Resource Recovery continues to show a healthy financial balance.

b. Minutes of July 17, 2002 Meeting

--  Kayfetz/Bertsch  four ayes, Siedman abstained to approve the July 17, 2002 minutes

c. Warrants

--  Kayfetz/Bertsch  unanimous  to approve the warrants

d.  Scheduling of Next Meeting(s)

September 18, 2002

15. Adjournment

11:45 p.m.