Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
April 18, 2001    270 Elm Road, Bolinas

1.  Call to Order

8:00 p.m.

2.  Roll / Announcement re: closed session

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

Director McClellan announced that a closed session to discuss legal and personnel matters had taken place before the meeting. No action was taken.

3.  Manager’s Report

Manager Buchanan indicated that the need for a clear policy on BCPUD’s responsibility for trees in the BCPUD right of way was highlighted recently by an incident where a tree fell very close to a resident’s vehicle. Director McClellan stated that if the District owns the right of way then it owns the trees. He asked that the topic appear on the May agenda.

Davey Tree has been asked to communicate with Ray Moritz before proceeding with the removal of the hazardous eucalyptus limbs on Mesa Road. One dead tree threatening the nearby high power lines has been removed and two small ones nearby are scheduled for removal.

In recent years the vegetation encroaching the monitoring ponds at the sewage treatment facility has been removed with the front-loader in late summer when the ponds are relatively dry. Some compost piles have been started with the material. Sewage treatment operator Kate Currey is proposing a controlled burn this year to reduce the bulk. There were no objections.

The only estimate from the several painters that have been approached to paint the exterior trim on the sides and back of 270 Elm Road, $4,000, seems reasonable, given the state of the existing paintwork.

--  Bertsch/Amoroso      unanimous     to proceed with the repainting project.

Any comments on the draft 2001 Consumer Confidence Report should be submitted within a week.

Details on the purchase of a new pickup truck will be available at the May meeting. It may cost more than the $18,000 that was budgeted. Details of an urgently needed replacement compressor should also be available then.

A runoff election between Dennis Rodoni and Shirley Valentino for a seat on LAFCO will be held in May. A special election for another seat will take place on April 25. Director McClellan may attend.

Banking through the County of Marin does not permit the District to offer a direct deposit payroll option to its employees. A separate bank account for payroll would have to be established. BCPUD auditor, Joe Bunker, has no objections. Directors had no objections.

4.  Community Expression

Cela O’Connor reported that after meeting with the National Park Service, the Bolinas Committee on Park Planning (BCOPP) will propose some changes to the Park’s written response to its concerns, which the BCOPP will then present to BCPUD directors for approval before submitting to the Park. Director Amoroso queried the self-designation of Stephen Volker, the attorney for Preserve Historic Olema Valley, as attorney for BCPUD. Director Siedman noted that he has communicated to Volker that such nomenclature assumes more than BCPUD intended when directors stated that they would support legal action against the Park, if necessary, and without taking responsibility for any costs. Director Kayfetz noted that Gordon Bennett, the West Marin representative on the Golden Gate National Recreation Area Citizen’s Advisory Commission, had asked him about BCPUD’s intentions of pursuing a lawsuit. Kayfetz told him that would be a last resort.

Director Kayfetz noted that the Federal Aviation Administration has announced that aircraft flying below 5,000 ft. will be rerouted from the “Bolinas Shortcut”. He found it interesting that the FAA controllers who had attended a BCPUD meeting some months ago had categorically stated that no planes flew over Bolinas lower than 11,000 ft. He suggested that the District write a letter to our senators and congresspersons and the FAA questioning its credibility and/or ignorance.

A member of the audience thanked District staff for prompt repair of the leak on Alder/Aspen and asked that performance standards be introduced into the bids for pipe replacement.

Pat Gonzales informed the audience the National Park Service has posted “No Pets” signs at Commonweal. She asked the Board to address the issue. Director Amoroso requested that it appear on the agenda of the May meeting. Phil Buchanan mentioned that he had received a copy of a letter from Don Neubacher to Steve Matson saying that he would like to discuss the issue with the BCOPP.

Mark Butler notified the Board that a committee has formed to create a skateboard park at the far northwest corner of the Mesa Park parking lot. He asked that the topic appear on the May agenda.
5.  Bolinas Beach:  draft ordinance establishing regulations

Director Siedman stated that the community was being asked to respond to a modified version of the draft ordinance that Supervisor Kinsey presented at the February meeting. Essentially, camping on Bolinas Beach would be prohibited from Friday to Monday (and holidays when applicable) between May and October. The ordinance would include “sunset” language whereby it would cease to be in force after two years unless it was actively renewed. This compromise had been reached in discussion with Kinsey, after concluding that creating the position of a town constable was too complex, and volunteer supervision would provide too uneven a coverage.

Director Amoroso said he would like to point out some negative aspects to approving the ordinance. The possibility of dealing with the situation from within the community, and avoiding the possible enforcement problems that might ensue if local residents were not recognized, is not addressed, nor is a well-planned permit-only process. Although Amoroso leaned towards supporting the proposal he thought that an alternative of putting the issue on an advisory poll on the November ballot should be considered and allow alternatives to emerge in the meantime.

--  Kayfetz/Amoroso      unanimous     to request that the proposed ordinance proceed to the Board of Supervisors, that a draft be supplied to BCPUD for distribution, discussion and input as soon as possible, and that Supervisor Kinsey revisit the issue of deputies patrolling the beach in their vehicles

In response to the proposed stipulation that deputies should patrol the beach on foot and only bring their vehicles onto the beach in response to a call, Supervisor Kinsey’s aide, Liza Crosse, noted that Sheriff Doyle has stated that it is unsafe for his deputies to patrol without their vehicles, as their hand-held radios do not work on the beach. She suggested that the community work with Doyle on this issue. A number of people were uncomfortable with agreeing to an ordinance that was not available to review. Crosse stated that there are two review opportunities before the ordinance is finally adopted. She also noted that Kinsey is hoping for community feedback on creating signs.

Pam Dake suggested that BCPUD create a committee to examine options regarding beach controls. John Glavis outlined plans to hold monthly beach cleanups and create a community-based “take back the beach” consciousness. The Bolinas Fire Protection District will continue to have jurisdiction over fires on the beach.

There was almost unanimous, although moderate, agreement in the room to support Siedman’s proposal.

6.  Department of Public Works Class II Bikeway Proposal:  Olema-Bolinas Road

The senior engineer at Marin County Department of Public Works, Jack Baker, presented a proposal to create a four-foot paved shoulder, delineated by a white fog line, along Olema-Bolinas Road between the Bolinas School and downtown. He explained that a number of Bolinas residents and parents had contacted the County, requesting improved access for pedestrians and cyclists to the school. Because the majority of funding sources for such a project are for bicycle facilities, the proposal has more chance of success if defined as a Class 2 bikeway, with a shoulder on each side of the road. Although no surveying has yet taken place, there appear to be no serious physical obstacles, although easements may have to be worked out and some grading will probably be necessary on the hill. He stated that the DPW, whenever possible, chooses “the path of least resistance”.

Director Kayfetz, noting that his area of expertise is in technical accident reconstruction, stated that accidents involve wider drivable pavement. Such a pathway attracts pedestrians and bicyclists, and gives them a false sense of security. The lack of street lighting makes them especially vulnerable. In the past the Board took the position that it did not support such a path unless it was physically separated from the road.  Baker explained that a Class 1 path needs a 2-way path, 8-feet wide and separated by 5 feet from the road. Aside from the availability of space, such paths are also very expensive to maintain. The Class 2 paths have been done throughout the County and are very popular. In response to concerns about the effect on parking availability for school events Baker stated that there are no plans to put up signs of any kind, although he said he would be happy to work with the community on parking concerns. Fire Chief Kevin Hicks noted that directors of the Bolinas Fire Protection District had expressed concern about the impact on drainage at the junction of Mesa Road. Baker said that he didn’t know yet how that would be dealt with but would probably try to shift to the other side of the road. Members of the audience spoke fervently in favor of providing an alternative to the road for cyclists and pedestrians. Barbara Wyeth pointed out that creating a physical barrier such as a curb or guard rail raises the problem of not being able to get onto or off the path, if needed. Measures to slow the traffic down would be helpful. Director McClellan stated that making that stretch of road a 25-mile zone is a separate issue but could be addressed by the Board as such.

Director Bertsch noted that the Board had previously voted to support installing a culvert and widening and paving the road to a distance of 100 feet beyond the bottom to the hill.
Kayfetz said that a raised sidewalk with a curb to protect schoolchildren and walkers from being in conflict with packs of nylon-clad cyclists would better meet the specific need. Baker said condemnation of property would not be necessary. Dale Polissar said he is appalled at the paving over of Bolinas and would prefer to improve the existing path. Doug Gallagher noted that the existing path has not lasted. Baker indicated that a variety of funding opportunities are coming up in the near future.  Kayfetz stated that the money available is for a specific plan. He noted that the town has turned down plans in the past such as the Kennedy sewer plan and the big groin at the beach, based on its sense of aesthetics. He suggested raising the money locally and creating a plan suited to the town.

--  Kayfetz      no second     to request the County to apply for funds but to put its plans, in whatever stage of development, on an advisory poll on the November ballot, with the knowledge that Bolinas would, offeran alternative plan, if developed, for which funds would be sought independently.

Liza Crosse noted that in reviewing the locales in West Marin, Bolinas had appeared to have the greatest need and that to proceed with this project, only to find out a year later that the town rejected it would mean that another community would have lost its chance. Kayfetz said the town would do whatever it needs to do to sabotage a plan it doesn’t like.

Director Amoroso said he would not second a motion recommending an advisory poll, as that would kill the proposal. In response to specific concerns Amoroso raised about the effect of a path on a number of parking and no parking areas, Baker said that details like those could be worked out. Motion failed for lack of a second.

--  Siedman/Bertsch    to advise the County to proceed

Amoroso proposed the amendment “subject to final approval of the plans by the Board”. Baker indicated that he would not be willing to go forward with a project that could be halted after considerable time and money has gone into it. He stated that a similar pathway in the San Geronimo Valley had been completed after many discussions and that he was willing to work with the community but needed an assurance the basic concept would be realized. Siedman said he could accept an amendment to include input from BPUD but not one that gave BPUD right of final approval.

Amoroso’s amendment was not accepted.

                                    three ayes,  Amoroso, Kayfetz opposed

Kayfetz informed Baker that he will call for a discussion of advisory poll measures to be placed on the May agenda where he will ask for this issue to be placed on the November ballot.

There were no objections to moving Item 8 forward.

8.  Request for Meter Transfer:  Hanley
     project location:  AP# 192-191-13, Fern Road between Elm and Ocean Parkway

Mike Hanley requested the transfer of his water connection to parcel 192-191-13 on Fern Road. A positive perc test has been completed and Marin County requirements for a septic system have been met.

--  Amoroso/Kayfetz      unanimous     to grant request, conditional on applicant  meeting relevant conditions. Amoroso added the amendment that the Board has considered the circumstances and finds that the conditions of the transfer meet the requirements of Resolution 152.

7.  Solid Waste:  Waste Management, Inc. proposal for 2002 – report on April 2 committeemeeting; draft agreement for consultant services (Foothill Resources); 3/22 letter re: fees and uncompensated hours

Director Siedman reported that he and Director Amoroso and Manager Buchanan met with Ken Foley and James Landa of Shoreline Disposal/Waste Management to discuss the District’s requests for reimbursement of legal fees incurred in the Martinelli v. Shoreline cross-complaint, the proportional equivalent in repayment of overcharges received by Marin County from Shoreline, and parity with the rates charged to Stinson Beach customers, as prerequisites for renewing the District’s contract with Shoreline in 2002. Siedman indicated that there had been a real desire on the part of Shoreline to negotiate. Shoreline has agreed to extend the contract deadline of January 1, 2001, if necessary. Further negotiations are awaiting reporting of Stinson Beach rates, to be renegotiated, and Shoreline’s numbers, which should be available in mid-May. Director Kayfetz observed that Shoreline is afraid that other small communities may follow the BCPUD example and develop its own alternatives.

Director Bertsch reported that she and Director Amoroso had discussed making an agreement with solid waste consultant Paul Rottenberg for his services and compensating him over the period he would spend setting up and operating an in-house service for the District. A rough draft of the agreement has been drawn up.  In addition, should the District decide to renew with Waste Management, Rottenberg would like to be paid for the time he has already put in. He has also asked to be reimbursed for any future hours he works.

--  Kayfetz/Amoroso      unanimous     1) to compensate Rottenberg for any work he does that is authorized by staff and     2) to pay him for the work he has done so far, subject to documentation of his hours, if the District renews its contract with Shoreline.

9.  Minor Design Review/Coastal Exclusion Application (DM 01-52/CX 01-17): Tompkins Buell
    project location:  50 Olema-Bolinas Road

Manager Buchanan noted that the proposed changes are minor, given the scale of the existing residence.

--  Kayfetz /Bertsch       four ayes, Amoroso absent      to approve a Conditional Expanded Water Use Permit. There were no comments on the merits of the proposed project.

10.  Roads:  Hawthorne (between Larch and Alder): complaint of obstruction
                  Queen (between Cherry and Ocean Parkway:  complaint of non-permitted work

Director Bertsch said that the speed bump on Hawthorne, although not huge, in her view, has still not been smoothed out. She noted that it would be helpful to develop a standard for speed bumps. Staff stated that he is working on one but is not optimistic that such a standard will meet general approval. There were no objections to writing to Suzanne Bartlome and telling her to lower the bump to an acceptable height and to maintain it.

Dolores Richards presented photographs of vegetation removal by her neighbor, noting the erosion danger, given how close it is to the cliff and earlier slumping of adjacent land. Director Kayfetz stated that, since some of the work has been done on Queen Road, the resident must apply for a roads permit. He should be notified that he must apply for one within ten days and follow up with a revegetation and erosion control plan within two weeks. Staff noted that the BCPUD pipeline is not threatened.

11.  Resolution 459, proposing November 6, 2001 election be held and requesting election services

The terms of directors McClellan, Bertsch and Siedman expire this year.

--  Amoroso/Kayfetz       unanimous     to approve Resolution 459.

12.  Resolution 460, accepting completion of Water Storage Tank Cathodic Protection Project

--  Kayfetz/Siedman      unanimous     to approve Resolution 460.

13.  Other Business

a.  Committee Reports

      -- Downtown Parking:

Director Amoroso reported that the downtown parking committee expects to have a proposal ready within a month or two.

      -- Finance:  2001-2002 budget process: draft budget; proposition 218 notices; Bunker & Co. audit proposal

Director Siedman asked about the March 31, 2001 deadline for presenting a request for negotiations for employees. The request was submitted on time. Employee representatives will contact the personnel committee within the next few days to arrange an initial meeting.

Director Amoroso asked what the increase in the budget would be if the $18,000 for Mesa Park were removed. With the current budget structure the increase would be eliminated. Kayfetz’ interpretation of District counsel Hadden Roth’s advice is that it is illegal to spend money on Mesa Park as part of the District budget. Director Bertsch asked what the responsibility of the Bolinas School is in the Joint Powers Agreement. Director Amoroso indicated that costs would be shared between the two parties if the agency dissolved. Bertsch noted that if the grounds for the JPA no longer exist (the potential use of the school’s water connection by the park) and it is dissolved then Mesa Park would become a BCPUD department. Kayfetz stated that Roth’s most recent research indicates that water budget funds cannot be spent on Mesa Park. A separate category called “Mesa Park maintenance”, using the structure formerly used for the “legal” charges could be set up with a majority voter approval. A general public benefit cannot be established. The benefit must be to the property being charged and must be proportional.

Siedman stated that he believes there is room in the water budget to pay for some of the land use costs from current revenues. Kayfetz stated that he is angered  that Mesa Park is asking for money when it has $27,000 in the bank and an operating budget of $22,000. He also remarked that income from fundraising and fees is less that $2,000 per annum. He stated because the user base includes Stinson Beach children and others outside the District, the School Board should match any funds from BCPUD and other users from the Bolinas Fire Protection District. He spoke against allocating funds from the current budget, favoring a parcel tax for the whole service area. Director Siedman said that such a lack of support might result in Mesa Park dissolving altogether. He noted that current funds would not last until the revenues from the anticipated parcel tax starts coming in. Kayfetz then proposed contributing $5,000 if matched by the School Board and private funds. Bertsch noted that if Marin County is contributing $5,000 then only $13,000 remains to be found, half of which would be $6,500. Staff suggested that if the money is considered separate from the budget and comes from the designated fund it might not need to meet Proposition 218 rules. Kayfetz noted that if it was no longer part of the budget then it couldn’t be discussed and should go on next month’s agenda.

--  Kayfetz/Amoroso      unanimous      to approve the audit  proposal.

      -- Housing:

An anticipated meeting at Marin County to discuss an ordinance regulating Bed & Breakfasts has not yet taken place. A letter requesting a meeting with the Community Development Agency to discuss housing issues is being drafted.

      -- Legal:


      -- Mesa Septic:  SepTAC status

Directors Bertsch and McClellan will attend a convening of all the SepTAC committees on April 19. They are serving on the regulations and ordinances committee. Preliminary recommendations have been drafted.
      -- Park and Recreation:

Director Siedman noted that Mesa Park is now closed between sunset and sunrise.

      -- Solid Waste:  Resource Recovery Project:  finance / operations

Directors received the minutes and financial report without comment.

b.  Minutes of March 21, 2001 Meeting

--  Amoroso/Bertsch      unanimous      to approve the March minutes.

c.  Warrants

--  Bertsch/Siedman      unanimous     to approve the warrants.

d.  Scheduling of Next Meeting(s)

May 16, 2001

14.  Adjournment

12:40 a.m.