Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
March 15, 2000 270 Elm Road, Bolinas

1. Call to Order

8:05 p.m.

2. Roll

Directors Amoroso, Kayfetz, McClellan, Siedman present Director Bertsch arrived at 8:11p.m. Director Amoroso presiding

3. Manager's Report

Directors declined the offer by St. Vincent de Paul to sell a parcel on the Little Mesa to the district.

The District has changed answering services, due to ongoing problems with the old service. The office number now also serves as the emergency number.

Directors reviewed copies of a proposal by Salem Howes Associates to conduct a seismic investigation at the site of the Ekedahl property on Terrace Avenue. Staff will write to Marin County Department of Public Works, relaying the comments of Director Kayfetz that the intention, stated in the proposal, to comply with the spirit of the Alquist-Priolo Special Studies Zone Act, rather than the letter, was not satisfactory, and, that if Salem Howes were unwilling to commit to the necessary depth of trenching for fear of destabilizing the slope, then it would be safe to assume that building a large structure on such a site would destabilize the area even more.

The Board received the draft of the Spring 2000 newsletter and was asked to submit any additions or corrections by the following Monday.

The draft 2000-2001 budget, with the District/Employees Memorandum of Understanding, notes, and schedule was distributed to the board. The schedule calls for an employee/personnel meeting before the first meeting of the Finance Committee on April 17. The second meeting of the Finance Committee, which will include a conference with Rosalie Lang, the district bookkeeper, was set for May 15, 2000.

The broken railing at the groin on Brighton Beach has been replaced and repaired.

As a result of a property split and subsequent sale to a neighbor the water service line for 12 Mesa Road runs across Doug Gallagher's property without an easement. The district has been asked to provide a new service to the property line at 12 Mesa Road. Director Kayfetz indicated that the issue should be resolved between the concerned parties and that it would not be appropriate to spend public funds to resolve the situation.

Directors received copies of a core complaint served on March 14, 2000 by Orrick, Herrington and Sutcliffe, accompanied by a letter from staff to attorney Richard Harris, requesting him to handle the complaint pursuant to the October 22, 1999 agreement which transferred liability for the remaining Pacific Legal Foundation litigation payable to Harris in exchange for his indemnification of the District.

4. Community Expression


5. Bolinas Community Plan Revision: discussion

Supervisor Kinsey's aide Liza Crosse has indicated that Kinsey and members of County planning staff would like to attend the April meeting of the Board of Directors to discuss revising the Bolinas Community Plan, and downtown parking issues. Director Kayfetz emphasized that any revisions to the Community Plan must be made as a community process. Cela O'Connor stated that the Environmental Forum and the Sierra Club have scheduled a workshop on the process of updating community plans for May 20. Director Amoroso identified three areas that he thought could benefit from revisions of the plan; housing, septic and downtown parking. The board expressed enthusiasm for the proposed meeting.

6. Roads: Andrew Blake / Kent Khitikian letter re Kale and Poplar Roads

The Roads Committee summarized its report on the situation on Kale Road and Poplar Road where the West Poplar Road Group and Jerry Tergis, who owns property adjoining Poplar and Kale, disagree on road maintenance methods. The West Poplar Group proposed slowly phasing in plans to bring these two stretches up to the standards established on the official drainage map. Tergis has, for many years, helped to maintain the road and a drainage ditch but his methods have gradually reduced the width of the road by depositing spoils along the edge of the ditch, to a width too narrow for two vehicles to pass. The committee recommended that the application of the West Poplar Group be approved, with the conditions that; there be some means of speed control installed, some means of keeping traffic out of the ditches and a process of maintaining ditches and controlling traffic during the transition. Andy Blake, on behalf of the West Poplar Group, contested the requirement for speed control, saying that speed bumps don't work and that the group does not have the funds for major improvements. He argued that crowning the road would make the side of the ditch less steep and reduce the chances of vehicles going into it, to which Director Amoroso added that widening the road would also reduce that hazard. Blake stated that it was generally the policy of the West Poplar Group to have a person present to direct traffic whenever road work was being done. Director Siedman, while noting that the best means of speed control was a poorly maintained road, said that speed bumps were effective. Director Kayfetz praised the Road Group's use of community process and suggested that consensus be reached on the location of speed bumps.

Director McClellan requested that an amendment to Ordinance 30 specifying BCPUD's right to recover any attorney's fees, should enforcement be necessary, appear on the next month's agenda.

-- Kayfetz/McClellan unan to issue a permit to the West Poplar Road Group to grade and maintain the subject roads as they proposed, with the conditions that traffic control measures be taken during changes and that speed bumps be constructed at consensually determined locations, but excluding keeping traffic out of the ditch.

Staff will draft a letter to Tergis, requiring him to remove the spoils along Kale adjoining his property within thirty days, and noting that BCPUD reserves the right to take any action on berms encroaching on BCPUD right of ways. The draft is to be reviewed by directors before finalizing.

7. Mesa Septic: Draft Ordinance establishing Bolinas Mesa Onsite Waste Disposal and Flood Control Zone; report on committee trip to see UC-Davis' experimental system

Director McClellan passed round a sample of the fiber used to filter effluent in the experimental septic system he and Director Bertsch had visited recently with staff from Stinson Beach Water District and Marin County planning staff. In the demonstration, effluent was sprayed onto a layer of the filters and then gravity fed into a drip irrigation system, producing clear water. Such a system would cost approximately $3,500. Existing leaking systems could be sealed and left in place. With sufficient drainage to keep the groundwater level a foot below the surface, McClellan thought such systems should work in Bolinas. He suggested forming a triumvirate between the County, the Regional Water Quality Control Board and BCPUD, where the County continued to exercise responsibility and delegated system inspection to BCPUD.

Director Amoroso proposed putting the issue on the next agenda as a separate topic for discussion with Supervisor Kinsey and County planning staff, and inviting representatives from Region and Marin Environmental Health Services to attend. The possibility of using such systems within the context of the Draft Ordinance and/or creating a Joint Powers Agreement with the County should be discussed.

8. U.S. Filter Service Agreement - Woodrat Treatment Plant

Staff, in conjunction with Inverness Public Utility District, has worked out a technical support agreement for the water treatment plant which includes five prescheduled service visits by U.S. Filter over three years for $6,100.

-- MacClellan/Bertsch unan to accept service agreement

9. Bolinas-Stinson Paths Group: request for BCPUD support

Nina Bellak presented the Board with proposals for multi-user paths connecting the Big Mesa with the Olema-Bolinas Road, downtown and the Stinson-Bolinas school and from Mesa Park to the school. She asked for the Board's support for the proposals, which would be submitted for inclusion in the Marin County 20-year Bicycle/Pedestrian Master Plan. The next step would be to apply for funding from the Safe Routes To Schools program, which would require BCPUD endorsement of any proposed paths that crossed BCPUD property. Director Kayfetz suggested that more thought be given to the Mesa Road crossing to Mesa Park, as a potentially hazardous situation. Director Amoroso voiced doubt about the feasibility of locating a pathway directly between the homeowners on the east side of Overlook and the sewer lands. Director Siedman indicated that he would like to see more emphasis on the route from Mesa Park to the school.

--Kayfetz/McClellan unan to write a letter of support for the proposals, with the inclusion of the option of locating the south-east to north-west route along Overlook Road.

To be continued at the following month's meeting, with notification of the proposals to all potentially affected homeowners. 10. Notice of Proposed FEMA Rule-Making: requiring disaster insurance as a pre-condition to obtaining Federal disaster assistance

The ACWA-JPIA is working on a response to the Federal Emergency Management Agency's proposed requirement for disaster insurance. Presently the treatment plant is the only district structure built to withstand earthquakes. ACWA is also investigating insurance costs.

11. Rachel Gertrude Letter: hazardous eucalyptus trees on Evergreen between Alder and Larch


12. Other Business

a. Committee Reports - Solid Waste: 2002 solid waste services status report. Due to a lack of response from solid waste consultant Paul Rottenberg to the District's request that he proceed with an implementation plan for an in-house solid waste collection service, staff will reiterate the request, in writing, emphasizing the urgency of the situation.

Shoreline audit status report. Subsequent to his communications with Ken Foley of Shoreline Disposal, Rottenberg is convinced that Shoreline will not make a settlement with BCPUD and that an audit would serve little or no purpose. Director Amoroso asked staff to pursue a proposal from an attorney known by Rottenberg who might make a claim for the District on a contingency basis Resource Recovery Project: financial report. The Board received the February financial report. request for exclusion from Vegetation Management Plan. Continued.

- Legal: Martinelli vs. Johnson - claims for continuing trespass and nuisance: Martinelli; West Marin Sanitary Landfill. The claims were received on February 3. The Board declined to act on the claims. Failing any other action before March 17 the claims will be rejected by operation of law.

- Park and Recreation: Mesa Park Title 22 water reclamation project: proposal to retain Oswald Engineering Associates. Director Siedman reported that Mesa Park would like to retain Bailey Greene and Dr. Oswald to complete a project report on Mesa Park's proposed water reclamation project, as a preliminary to seeking funding under Proposition 12. Since the project is on BCPUD property the proposal would come from the District but Mesa Park would assume full responsibility for Oswald Engineering's fees, should they not be covered by the funding.

-- Kayfetz/McClellan 4ayes, Siedman abstained to retain Oswald Engineering Associates for purposes of preparing a project report to obtain Proposition 12 funding, with Mesa Park to cover costs if not paid for by grants.

- Sewer: Vegetation Management Plan: advisory committee report. Director Amoroso indicated that attendance at meetings was waning and some restructuring might be necessary in the future. Cabe Silverhame noted that the committee seemed to be factionalising rather than seeking solutions in common. Committee members were eager to see plans for use of goats on the land but Amoroso had informed them that there were no firm plans as yet.

Silverhame letter offering goats and sheep for vegetation control. The District is taking into consideration the offer of the Silverhames' goats and sheep.

de Nevers letter. The Board received de Nevers' letter without comment.

Ponds 1a and 1b sludge management: Oswald Engineering Associates proposal. Director Siedman indicated that Oswald Engineering might be able to combine a project report on methods of dealing with sewer facility sludge with their report for Mesa Park and perhaps apply for funding under Proposition 13. Staff will request a proposal from Oswald Associates, with cost estimates, for modifications to the inlet pipes.

b. Minutes of January 19, 2000 Meeting


c. Warrants

-- Bertsch/Kayfetz unan to approve warrants.

d. Scheduling of Next Meeting(s)

April 19, 2000

13. Adjournment

10:45 p.m.