Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
January 19, 2000 270 Elm Road, Bolinas

1. Call to Order

8: 00 p.m.

2. Roll

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

3. Manager's Report

Administrative assistant Jill Whitcroft has taken a two week leave of absence to attend to her mother, who recently suffered a stroke.

Material was included in the board meeting binders regarding propositions 30 and 31, opposed by the ACWA JPIA. The JPIA fears passage of the initiatives will increase the cost of insurance for public agencies.

BCPUD's Public Water System Statistics for 1999, an annual report to the Department of Water Resources that tracks production and consumption of municipal water, indicates that the District has now reduced its unaccounted-for-water to approximately 10% of production.

The Marin County Community Development Agency has written to California Wood Fiber Corporation, informing them that a coastal permit application will be required for harvesting of eucalyptus in Bolinas.

Staff is preparing water conservation and drought awareness material which it proposes to mail to all Bolinas residents near the end of January if total seasonal rainfall is less than 6 inches. Recent rains have increased stream flows somewhat and long range forecasts predict significant precipitation for late winter.

Staff recommended that the district's internet service and web site be upgraded to permit virtual hosting and interactive features such as forms submission, and that BCPUD's domain name be registered. Director Amoroso suggested the name be registered but there was no support for the service improvements.

The rollover to the year 2000 went smoothly, with all systems, both in the field and in the office, performing with no Y2k related problems.

Pacific Bell has told the District that the payphone on BCPUD property at Elm and Maple will be removed because of low use. Staff has published a notice in the Hearsay about the pending termination. Director Kayfetz suggested a letter to Pacific Bell requesting they move the phone to Mesa Park.

4. Community Expression


5. Sewer Property Vegetation Management Plan: committee appointments

20 people applied for a position on the advisory committee.

-- McClellan/Kayfetz all in favor to appoint all 20 applicants.

Director Amoroso volunteered to act as Board liaison and to chair the first meeting. He suggested the following general guidelines for the committee: 1) its work product should be consistent with and complementary to the District's operations and maintenance objectives for the sewage treatment facility; 2) fire hazard mitigation should be an essential component in any reports developed by the committee; and, 3) each recommendation made by the committee should include a detailed financing plan.

Staff will write to the applicants, informing them of their appointment, listing the general guidelines noted in the preceding paragraph, and confirming that the first meeting will be held at the BCPUD office February 2, 2000, at 7:30 p.m. 6. Eric Albin Letter Re: Erosion at Dogwood Road and Ocean Parkway

John Costa, speaking on behalf of Mr. Albin, owner of the property at 110 Dogwood, expressed concern about neighborhood drainage being directed toward the end of Dogwood and exacerbating an already serious erosion problem. Costa noted that previous work has been done without neighborhood residents being consulted.

Director Siedman described the presentation by Supervisor Steve Kinsey at the August 18, 1999 meeting, during which several residents from the Ocean Parkway neighborhoods voiced dismay at the lack of maintenance by the Department of Public Works. At that meeting, both Kinsey and DPW engineer Bob Beaumont responded constructively to comments made by residents and promised, at the same time that they were emphasizing that restoration and long term slope stabilization is beyond the financial capability of the County, to take reasonable steps to slow the deterioration of the right of way. Siedman suggested that Costa talk to Steve Kinsey. It was further suggested that staff write to Kinsey, urging him to investigate the Dogwood/Ocean Parkway problem.

--Kayfetz/McClellan all in favor to direct staff to write to Supervisor Kinsey, summarizing the statements made at the August meeting and urging him to investigate the Dogwood/Ocean Parkway problem, with copies of the letter being sent to the neighboring property owners.

Director Kayfetz suggested sending a letter to Don Murch, with a copy of Ordinance 30 attached, reminding him of the permit requirements established therein. Staff will add a reminder to the next issue of the newsletter that people need to consult with neighbors and get a BCPUD permit before doing drainage projects.

7. Garbage/Recycling: solid waste management consultant's proposal for financial audit of Shoreline Disposal; consultant's economic feasibility analysis of BCPUD provision of collection/disposal services effective January 1, 2002

Consultant Paul Rottenberg summarized the Marin County/Shoreline settlement, which resulted in a return of $245,000 to the County. In response to a question from Director Kayfetz regarding how collectible overcharges would be in view of the District's intention to part company with Shoreline Disposal at the end of 2001, Rottenberg said he did not know. Director Amoroso surmised that the threat of terminating the current contract might be incentive for Shoreline to settle.

Rottenberg also said there would be no way to know what the financial implications were of the tipping fee pass-through agreement in effect at the same time that Shoreline held a minority interest in West Marin Sanitary Landfill. Kayfetz emphasized that the Board would want to look at the pattern of charges and increases after the conflict of interest developed.

Director Bertsch asked if the consultant fees outlined in the proposed agreement would be the end of District expenditures in this matter. Rottenberg indicated that there could be further billings if separate negotiations with Shoreline concerning issues other than overbilling are necessary but such work would have to be separately approved by the Board of Directors.

-- Kayfetz/McClellan all in favor to approve the consulting agreement for an amount not-to-exceed $2,500 in billable hours plus 30% of the value of any settlement, for an audit of Shoreline Disposal and for any claim settlement negotiations.

Discussion then turned to the economic feasibility analysis of the District developing its own solid waste services. The analysis suggests that the in-house option can be cost-effective. Regulatory approval for the proposed transfer station, construction of the station, development of administrative procedures, hiring and training of field personnel, financing of construction and equipment acquisition costs and decisions regarding out-of-District customers are the main tasks which must follow completion of the implementation plan. After regulatory approval, optimistically, implementation could be complete in as little as two months

The transfer station will require a concrete pad 40' x 40', power for the compactor, grading and gravel for the entrance and approaches, fencing, and adequate space for the truck to drop off and pick up roll off boxes. Siting will need to be determined as well.

Director Amoroso recommended start up costs being placed on the property tax bill, noting that it could be considered a general benefit because everyone then would have the option of self-hauling to the transfer station at a reduced price or subscribing to curb side service.

Kayfetz suggested checking with the District's attorney on the possibility of terminating the Shoreline contract as soon as possible since Shoreline apparently is refusing to dismiss BCPUD from its frivolous lawsuit, but others suggested waiting until the audit is finished.

-- McClellan/Kayfetz all in favor to approve the consultant's development of step one of the implementation plan, including provision of a detailed sketch of the proposed transfer station layout as soon as possible.

8. Complaint Regarding Road Maintenance on Evergreen Between Alder and Larch: Condy


9. Bolinas Community Land Trust: proposal to transfer open space parcels to BCPUD

BCLT President Bruce Bowser said that paying the taxes on its open space parcels has become a problem. He offered several lots to the District. Former Director Jenny Pfeiffer, who is now on the board of the Land Trust, mentioned that if the District accepts them it would prevent the parcels from being auctioned off to people who might try to develop them.

Director Amoroso asked if past due charges were to be paid off prior to title transfer. Director Kayfetz suggested dealing with that if and when it becomes a problem.

Director Bertsch, noting that these parcels were given to the Land Trust, and questioning whether it is appropriate for them now to be given to BCPUD, asked why the parcels are not exempt from all but the fire tax. In her position as a member of the Cemetery Board, she has gained the exemption for that property. Pfeiffer responded that the exemption effort has been made repeatedly without success.

--Kayfetz/McClellan all in favor to accept parcel #'s 1,2,3 and 7 on the Land Trust's January 12, 2000 list. Parcels 4, 5 and 6, adjacent to the cliff at the end of Oak Road, with no development potential, were not accepted.

10. Coastal Permit 00-21: Ganis project location: 61 Crescente

The applicant proposes a cliff stabilization project comprised of tie-backs, subdrainage and over side drain down the face of the cliff. In a January 5, 2000 letter, BCPUD expressed concerns about possible unintended erosion consequences for adjacent properties, the need for water quality monitoring on the beach, ongoing maintenance of any structures placed in the public right-of-way, and visual impacts.

In a related letter, staff wrote to new Marin CDA liaison Andrea Fox regarding the abbreviated comment period for this and other coastal permit transmittals, and the importance of the Board of Directors and members of the public being able to comment on applications at a public meeting. There has been no response.

11. Mesa Park / Bolinas Fire Protection District: request to use BCPUD sewer system; retain consulting engineer for water reclamation project

There was no further action on the request to use the BCPUD sewer system. Such use would be dependent on completion of the reclamation project and of a study of the capacity problem at the treatment facility. Director Siedman will seek more detailed information from Oswald Engineering, and James Teter, both of whom have submitted engineering proposals for the water reclamation project, on the extent and cost of required water quality monitoring. 12. Resolution No. 443, establishing a connection charge for new sewer hookups

-- Siedman/Bertsch 4 ayes, 1 abstention (Kayfetz) to pass and adopt Resolution No. 443.

13. Bolinas Lagoon Restoration Project: status report


14. Mesa Septic: Draft Ordinance establishing Bolinas Mesa Onsite Waste Disposal and Flood Control Zone

In the wake of Region's less than enthusiastic response to the current draft, and the shake up in the Marin County Environmental Health Services division, discussion centered on appropriate next steps. Directors Bertsch and McClellan will meet for a review of the situation, and an approach will be made to Marin County, which reportedly is considering a revision of its onsite waste water ordinance to allow for innovative and alternative solutions. Following that the Board may direct staff to work on further revision of the proposed ordinance.

15. Bicycle / Pedestrian Paths Initiative

Staff has written a letter to Art Brook at Marin Department of Public Works describing enhancements which could be made to existing bicycle/pedestrian paths in Bolinas. Improvements may be included in the next draft of the Marin Bicycle Transportation Plan. Director Kayfetz questioned the letter's mention of paving of the existing footpath between the school and the downtown area, cautioning that such work might be a source of controversy within the community. Staff indicated that the letter seeks to preserve all options and that any final proposal will be submitted to the Board of Directors for approval.

16. Other Business

a. Committee Reports -- Legal: Martinelli. vs. Johnson status report; letter to Orrick, Herrington & Sutcliffe re claim

BCPUD attorney Hadden Roth has written to Shoreline's attorney, requesting that the District be dismissed from the lawsuit, as Shoreline has done for Stinson Beach County Water District. There has been no response to date.

The legal committee will handle the claim from Orrick, Herrington & Sutcliffe.

-- Solid Waste: Resource Recovery Project - December financial report

The Board received the December financial report.

b. Minutes of December 15, 1999 Meeting

-- Bertsch/McClellan all in favor to approve December 15, 1999 minutes.

c. Warrants

-- Bertsch/McClellan all in favor to approve warrants.

d. Scheduling of Next Meeting(s)

February 16, 2000.

17. Adjournment

11:29 p.m.