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

1.  Call to Order   

7:35 p.m.

2.  Roll

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

3.  Manager’s Report

Current state water quality regulations setting maximum detectable levels for trihalomethane at 100 parts per billion will soon be set at 80 ppb and then 50 ppb. Recent testing of BCPUD water has shown levels that require the District to develop a profile of the water over the course of a year, to be made available to the State Department of Health Services when requested. Retesting will be done in the winter when the water source is exclusively from Arroyo Hondo and the system has undergone more frequent flushing.

Director Kayfetz arrived at 7:38 p.m.

The emergency backup generator at the sewage lift station has failed. Repairs that had been budgeted for have not been done due to difficulty locating parts and, had the parts been available, would have cost $10,000 over budget. Two quotes for replacing the generator have been submitted. Although the prices are almost identical one quote is for a 100 kW generator and the other is for a 50 kW.

--  Siedman/Kayfetz      four ayes, McClellan absent     to approve staff recommendation to accept the quote from Stewart and Stevenson for purchase and installation of a new 100 kW generator and the bid from Ron Brown to remove the old generator.

Directors received a letter from the Marin County Community Development Agency informing them that the County is undertaking a study of monarch butterfly habitat in Bolinas, to update its Resource Plan.

There has been no response to the District’s letter to the United States Army Corps of Engineers appealing its partial denial of BCPUD’s Freedom of Information request regarding Bolinas Lagoon. There were no objections to Director Amoroso’s suggestion to write a follow-up letter.

Director McClellan arrived at 7:50 p.m.

A letter from the Marin County Traffic Engineer Jason Nutt indicates that no new road work will be undertaken on Wharf Road other than the marking of parking areas requested by the Downtown Parking Committee.

A 36% increase in Kaiser Permanente’s health coverage rates will overrun the District’s budget by $10,000. Manager Buchanan has asked Kaiser for rates on four other plans and is also researching coverage from ACWA and PERS, since they have much larger group plans. Continued to the December meeting.

Stacey Henderson reported that the Mosquito Abatement Committee is proceeding with reasonable success, although its first case requiring attention has proved rather complex and has resulted in a neighbor reporting the situation to County Environmental Health Services.

4.  Community Expression

Director Amoroso reported that he had attended the Baltac meeting on November 11, 2002, where the many responses to the draft plan were made available. He noted that despite broad support for action on the Bolinas Lagoon there was almost unanimous opposition to the section of the draft plan treating Seadrift Lagoon.

5.  Onsite Wastewater Disposal Systems:  Marin County EHS proposed policy revisions

Director Siedman announced that he had been invited to attend a meeting of a Septic Management Advisory Committee earlier in the day. The committee was composed of representatives from West Marin communities, the Environmental Action Committee, and Marin County, including Rebecca Tuden, the liaison between the Regional Water Quality Control Board and the County. The purpose of the committee is to investigate the feasibility of septic regulation oversight management by bodies other than the County. Apparently it has been made very clear to the County that homeowners will not support its proposed changes if inspections are done by County personnel and thus involve other unpermitted work on properties. The current thinking is that the County would act as an umbrella agency with independent entities within it, allowing for some of the economies of scale such as water testing while delegating the inspecting to the sub-agencies. The County would create and budget for the whole agency. Such a recommendation from the committee would be brought back to the communities.

Director McClellan pointed out that a non-County person must also inspect any repair required for a permit. Director Amoroso stated that he was concerned about an agency outside the community developing a program and process. He also stated his objection to the use of the Questa plan as a basis of a program, noting that part of BCPUD’s agreement with Questa was that its information remain confidential. McClellan stated that Questa’s raw data was valid; its conclusions were flawed. Amoroso declared that BCPUD wished to see performance-related standards, not the design-related standards that have so far been proposed. Director Bertsch asked for clarification of the nature of the committee. Siedman indicated that its sole purpose is for advising the County on the feasibility of creating a separate entity for septic issues.

Bertsch proposed revisiting BCPUD’s draft septic ordinance, which had been put on hold pending the outcome of SepTAC.

Tom Williard requested BCPUD seek a clear statement on how this committee impacts the proposed policy and clarification of the “delinking of building and septic”. Siedman said that there had been no discussion of the Draft Framework Document.

Jennie Pfeiffer noted that Supervisor Kinsey had stated at the November BPUD Special Meeting that residents already included in the composting toilet ordinance would not be subject to the new rules. Pfeiffer said she would like to see that ordinance expanded to include those who chose to use such a system. Manager Buchanan pointed out that the composting toilet ordinance has never been formally approved by the County.

If BCPUD undertook the running of the septic district it could extend to areas outside the present water district, such as Dogtown and Horseshoe Hill.

Jennifer Blackman summarized the comments she has submitted to the BCPUD and to Environmental Health Services. She said her comments state that EHS doesn’t have jurisdiction over remodels, and that anything other than new construction and construction affecting sewage flow should be exempt.

--  Kayfetz/Siedman       unanimous      to adopt and endorse Blackman’s and Williard’s comments

Siedman accepted Kayfetz’ amendment to add a comment supporting the effort to keep County personnel off homeowners’ property and encouraging the work of the new committee.

6.  Meter Transfer Request:  Whitehead.  315 Hawthorne to 271 Poplar at Locust

Since the transfer of the meter was approved in principle at the September meeting, there were no objections to its removal from the present site. Approval of its ultimate transfer is continued to the December meeting.

7.  Requests To Purchase BCPUD Property:  Whitehead; Locke/Hayes        AP# 190-041-20 (Tulip between Larch/Poplar)

Since Pam Whitehead was not present continuing this item was proposed. Nancy Locke stated that she was no longer asking to purchase the property, rather that if BCPUD decides to sell it, to do so at public auction with fair written notice to the community. Jennie Pfeiffer, on behalf of the Bolinas Community Land Trust, strongly recommended that BCPUD hold undeveloped land as open space unless needed for a septic system in abatement cases. Director Kayfetz said he believed the BCPUD already has such a policy. Staff will prepare a resolution for the December meeting stating the Board’s policy.

8.  Expanded Water Use Permit Application:  Hostetler
project location:  46 Crescente

As requested at the October meeting, the applicant has now presented drawings of the project. The property already has a Conditional Expanded Water Use Permit, granted previously when the applicant declined accepting a deed restriction on habitation for an earlier project. This project has no plumbing. Neighbors Rick and Sara Bettini expressed concern that the building would be used for habitation.

--  Amoroso/Bertsch     four ayes, Kayfetz abstaining      to approve a Conditional Expanded Water Use Permit with the same limit of 3900 c.f.

Director Kayfetz stated that he was abstaining because he was concerned that the site plan was incomplete and that there had been misrepresentations by the applicant(s) in the past.

9.  Roads:  complaint of obstruction on Zebra between Yucca and Ocean Parkway;
 complaint of obstruction on Aspen between Poplar and Larch; reconsideration of road surfacing material specifications; request for survey of access roads

Staff outlined the complications of the situation on Zebra Road: Although most of the obstructions have been removed a berm of woody material remains. Lawrence Juniper claims that the berm helps to protect his studio from ill-intentioned trespassers and that the layout of Zebra Road is unsuitable as a thoroughfare since it sits in a drainage swale. He suggested making a deal with the new owner of 380 Ocean Parkway to use their driveway to provide access to Sue Verhalen’s property. However there is another property in between them; also it is not possible to know exactly where Zebra Road lies without a survey. Director McClellan stated that if the roadway isn’t traveled then the berm is not an obstruction. Verhalen pointed out that her water service comes in from there. Director Amoroso suggested that if the need for access isn’t urgent no action should be taken for the present. Director Kayfetz suggested that if Verhalen undertakes a survey then BCPUD would undertake to clear the road. Manager Buchanan suggested cutting in across Zebra to a point where it intersects with the driveway of 380 Ocean Parkway, which met with general approval. Andy Blake said that the situation illustrates the problem the District faces in trying to enforce its many regulations – it can’t, because the roads have not been surveyed and their boundaries established. He proposed setting up a program to survey the roads and budgeting some funds for it each year.

No one was present for the complaint of obstruction on Aspen so it was referred to the Roads Committee.

Andy Blake stated that the new specification for road resurfacing material was too restrictive and that it is not always the most appropriate material. Don Murch had suggested simply requiring that road resurfacing result in a multi-user friendly surface. Director Amoroso suggested keeping it as a specification but allowing exceptions on a case-by-case basis. Bill Lyons said he has asked the Fire District to adopt Caltrans regulations that require roads to accept the weight of a fire truck. BCPUD can’t make rules for the Fire Department.

Andy Blake’s suggestion to create a road survey program was considered. The budget committee will make a note to include it in next year’s budget. Staff will draft an RFP for surveying over a 5-10 year contract and Director Bertsch and Blake will research and follow-up.

10.  Coastal Permit Application 03-9 and Design Review 03-17:  Schwartz
 project location:  251 Mesa Road

The application seeks to legalize existing greenhouses and build a new one. No additional water is required.

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

11.  Coastal Permit Application 03-11 and Variance 03-7:  Straton
 project location:  86 Wharf Road

The project adds two bedrooms, expands the garage to accommodate two cars and adds another floor, making it a three-story building. Alethea Patton explained that the owners plan to live permanently in the house and have two children, so need three bedrooms and are required to provide additional off-street parking. Directors had no objection to sending a comment letter noting that the property has been used as a vacation rental and if it were expanded and continued with the same use there could be an adverse impact on parking. An Expanded Water Use Permit must also be applied for.

12.  2003-2012 Garbage Franchise Agreement

Biagini Waste Reduction Systems has not yet submitted the franchise agreement and has indicated that the insurance requirements are more onerous than anticipated. Although the insurance requirements are not negotiable, directors were willing to consider some negotiation of the franchise fee.

13. Resolution No. 481, amending loan agreement 90-1-56100; accepting final principal
payment; reconveying deeds of trust

--  Kayfetz/Bertsch      unanimous     to approve Resolution 481.

14.  Other Business

a.  Committee Reports
--Alternative Energy: status report; 9/18-11/14 anemometer data

Director Siedman reported that the Alternative Energy Committee had met and is very optimistic.

Director Kayfetz left at 10:25.

--Finance:  1st Quarter Financial Report

--The Board received the 1st Quarter Financial Report.

--Legal: summary of expenses

Director Kayfetz returned to report that Richard Harris has indicated that BCPUD stands to receive a substantial sum from Orrick, Herrington and Sutcliffe, if Harris is successful in his claims.

--Mesa Septic, Roads and Drainage:
--Park and Recreation:  Mesa Park request for representative on Path Options Committee

Robert Mowry has indicated verbally that he is interested in serving on the Mesa Park Board of Commissioners. The currently empty seat and that of Jack Siedman are up for reappointment in January. Mesa Park would like to have BCPUD handle its funds in the same way it does for the Resource Recovery Project. BCPUD would then be eligible for Parks and Recreation grants. Director Amoroso indicated he would like to keep it off the budget. A written proposal will be submitted. Mesa Park will start receiving income from the parcel tax after July 1, 2003. The park will also pay the bill from the Department of Health Services for the review of the water reclamation project.

--  Amoroso/Kayfetz      unanimous      to appoint Andy Blake as the Mesa Park representative on the Paths Committee.

      -- Personnel:
      -- Sewer:
      --Solid Waste:  resource recovery project-financial report;

b. Minutes of October 9, 2002 Meeting

--  Amoroso/Kayfetz      unanimous      to approve the minutes of October 9, 2002 meeting.

c. Minutes of November 6, 2002 Meeting

--  Kayfetz/Siedman       unanimous      to approve the minutes of November 6, 2002 meeting, as amended.

d. Warrants

--  Bertsch/Siedman      unanimous      to approve the warrants.

e. Scheduling of Next Meeting(s)

December 18, 2002.

15. Adjournment

10:50 p.m.