1. CALL TO ORDER
Directors Amoroso, Bertsch, Kayfetz, McClellan, Siedman present
Director Amoroso presiding
3. MANAGER’S REPORT
The East Tank of the water storage facility has been drained and inspected prior to expiration of the two-year warranty on its interior and exterior coatings. The tank was in excellent condition and very little sediment had gathered on the bottom. The West Tank is scheduled for the same rehabilitation later in the summer. Installing cathodic protection could nearly double the life of the finish. It would cost between twelve and fifteen thousand dollars to install for both tanks.
Directors’ concerns over the degree of geological investigation proposed by the firm of Salem Howes to comply with the Alquist-Priolo Earthquake Fault Zoning Act, for the Ekedahl project on Terrace Avenue, have been conveyed to Salem Howes by the Marin County Department of Public Works. Director Kayfetz asked if their revised proposal was available for review. DPW engineer Kevin McGowan noted that he would give the proposal particular attention.
Parts have been ordered and District employees will rebuild the aerator on sewer pond 1B. Total cost will be less than 505 % of the amount needed to ship it to the tornado company for repair.
The Board received information on the upcoming Toxics Disposal Day at Nicasio Corporation Yard on May 13.
The district’s Internet service provider has changed hands and no longer offers a Web page service. Manager Buchanan proposed switching to Linex Communications, where, for an additional $5 per month a similar service would include the ability to use BCPUD as the domain name. There were no objections.
In terms of the Financial Committee’s progress on the 2000/01 budget any decisions to increase the annual water service charge on the property tax bill will need to be noticed, pursuant to Proposition 218 requirements, by May 8. Directors favored giving notice of a possible $30 increase in conjunction with the elimination of the $240 payment for legal fees.
A closed session to discuss personnel matters will take place before the May regular meeting.
There were no objections to moving Items 5, 6 and 7 forward to accommodate Supervisor Steve Kinsey, his aide Liza Crosse, Alex Hinds, Kevin McGowan and Jim Wagner from the DPW and Phil Smith and Bruce McCarthy from the Department of Environmental Health.
DISCUSSION WITH MARIN
REPRESENTATIVES – DOWNTOWN
Supervisor Kinsey explained that the recent permit process for the Blue Heron had caused some confusion at the County level over what criteria to apply when reviewing permit applications, specifically relating to parking. While acknowledging the long history of parking issues in Bolinas, including the 1992 study, he stated he would like to see a consistent set of conditions for reference by the County. Alternatively, he asked if the town would be comfortable with taking each project on a case-by-case basis. When Kevin McGowan suggested ways of increasing parking capacity in the downtown area it was pointed out that the Community Plan had examined the issue of expanding parking capacity and recommended against it. Director Kayfetz stated that he favored a demographic study to establish usage and set up limited time parking. He also identified the need for additional handicapped spaces.
Kinsey then asked if parking was the only issue when businesses applied for permits or if there were other concerns. Kayfetz indicated that if parking restrictions were relaxed, County zoning would permit large businesses on Wharf Road and that County zoning and planning standards should be revised in such a case.
Director McClellan interjected that he wished to see more walking and bicycling encouraged as a means of addressing downtown congestion.
When Director Amoroso suggested that residential parking permits would be easier to enforce than time limited parking places, Kinsey pointed out that the Coastal Commission was strongly opposed to measures that restrict public access to the beaches. Kayfetz noted that the Seadrift subdivision had not been held to that principle. Kinsey summed up that there seemed to be a general interest in a focused study on managing existing parking, not increasing it, but no clarity had emerged concerning permit applications. Amoroso expressed the opinion that current County standards should be maintained until measures are taken to make existing Bolinas parking more friendly to Bolinas residents.
A committee to liaise with the County will be formed at the May meeting.
Nancy McDonald voiced her concern about vacation rental houses, in particular the one next door to her, in view of the declining available housing stock in Bolinas. Partial solutions, such as regulations stipulating the minimum number of days a house can be rented for, were put forward. Kayfetz pointed out that the Community Plan and general consensus on the situation agree and a solution needs to be found as soon as possible. Alex Hinds noted that it was a county-wide issue and was being worked on.
Cela O’Connor asked what would be involved in revising the Community Plan. In particular she voiced concern over the size of new houses. Hinds said that was also a county-wide issue that was being addressed. As far as revising the Plan, at present the simplest approach would be to deal with particular issues through collaboration and amendment rather than a full revision, which is probably not feasible for another couple of years.
DISCUSSION WITH MARIN
Director McClellan described the history of the District’s efforts to develop an onsite wastewater disposal ordinance. The intent of the draft ordinance has been to answer the needs of the community more appropriately than the system currently imposed by Marin County Environmental Health Services, which obliges owners of failing septic systems to install expensive mounded systems. As presently envisioned in the proposed ordinance, failing systems would be detected through surface water monitoring, and district staff would carry out inspections. Given their increasing sophistication, alternative wastewater disposal methods would be permitted, as would repairing existing systems. However, the recent changes of personnel at the County level had raised the hope that a more cooperative approach might be possible, thus avoiding the need to create a special district. McClellan pointed out that the Regional Water Quality Control Board considers effluent to be a public health concern when it is above ground and that the Questa plan had identified insufficient drainage, mesawide, as a major factor in causing such public health concerns. A representative from Region had been invited to the meeting but was not present.
Phil Smith responded that EHS was committed to the most viable solution and was currently deciding on acceptable alternative methods of wastewater treatment. A broad based Technical Advisory Group is being formed to come up with a draft report on procedures and regulations for the Board of Supervisors. Alex Hinds commented that septic regulation alone should not be used to control growth and Kinsey emphasized that growth, technology and financing should all be addressed in the report.
Staff will a write a letter summarizing the points covered in Items
5 and 6, with a draft to be distributed to all directors.
7. BOLINAS-STINSON PATHS GROUP: REVIEW OF PROPOSED BICYCLE/PEDESTRIAN PATH SYSTEM
Bolinas-Stinson Paths Group representative Nina Bellak outlined the
group’s efforts to improve bicycle and pedestrian access and safety in
Bolinas. Comments have been sent for inclusion in the Marin County Bicycle
and Pedestrian 20 year Master Plan. The next step is to obtain funding
for improvements to the shoulder along Olema-Bolinas Road from the school
to downtown. Creating a path from Mesa Park to the school faces some difficulties
over obtaining easements across private property. The path originally proposed
on the sewer lands parallel to Overlook is not feasible, as it is too close
to the spray fields. However, paths on BCPUD land would not have to conform
to Caltrans standards, making them less costly.
Supervisor Kinsey, as he was leaving, expressed his support for the goals of the group and encouraged the community to pursue them. Director Kayfetz expressed concern that the representatives of DPW might have left thinking they had heard a mandate for the widening of Olema-Bolinas Road. He indicated he wished to see consensus and an advisory poll, if necessary, before such a project took place.
Various concerns were expressed, among them the fear that cyclists would endanger pedestrians if sharing paths, that using County funds would put Bolinas on the County map, Agate Beach would be made a destination point and the paths wouldn’t be used by children in the rain. Jody Angel claimed that there had been no public process. School trustee Tomas Krakauer pointed out that declining enrollment at the school meant that the buses might be eliminated and alternative ways of getting to school would be a priority. A route from Mesa Park to the school seemed to find general favor. Kayfetz suggested it might be time to investigate condemnation by the school or the County if negotiations with the respective property owners failed.
Bellak will publish the proposals, as sent to the County, in the Hearsay and they will be available at the Bolinas Library.
4. COMMUNITY EXPRESSION
Cela O’Connor announced that the request for comment for the Bolinas Lagoon Ecosystem Restoration Environmental Impact Review was available at the Bolinas Library.
Director McClellan noted that he preferred septic system inspection to be carried out by BCPUD staff rather than County staff.
38 OCEAN TO SW CORNER OF POPLAR/EVERGREEN
-- Kayfetz/Siedman unanimous to approve request for water
meter transfer with the condition that the old house be removed within
six months of date of transfer.
9. REQUEST FOR RECONSIDERATION: RELOCATION OF WATER METER FOR 12 MESA ROAD
The owner of 12 Mesa Road, whose water line crosses the adjacent property with no easement, has asked for the District’s help in relocating the line. Directors expressed willingness to cooperate with the parties but declined to participate financially.
10. COMMERCIAL AIR TRAFFIC NOISE COMPLAINTS
Director Kayfetz noted that planes were definitely flying over Bolinas at heights below the 15,000 ft. minimum during early mornings and bad weather. Staff will send a letter of complaint to Bay Tracon, with copies to elected officials. Joel Braverman will take photos of small engine planes and their I.D.s to see if they are flying below the 1000 ft. limit imposed for Marine Sanctuaries.
11. BOLINAS LAGOON ECOSYSTEM RESTORATION: MARIN COUNTY REQUEST FOR COMMENT ON ISSUES TO BE INCLUDED IN THE SCOPE OF ENVIRONMENTAL IMPACT REVIEW / STATEMENT
Addressed in Community Expression.
12. SOLID WASTE: IMPLEMENTATION PLAN FOR BCPUD PROVISION OF SERVICES EFFECTIVE 2002
Consultant Paul Rottenberg has met with Brian Crawford of the Community Development Agency and Cynthia Barnard of EHS. California Integrated Waste Management Board and the County staff have approved the transfer facility in principle, but have indicated an initial study, under California Environmental Quality Act, will probably be required, leading to a negative declaration of environmental impact. An amendment to the sewer facility’s conditional use permit may also be required.
13. ORDINANCE 30 (ESTABLISHES RULES GOVERNING UNPAVED ROADSON MESA): PROPOSED AMENDMENT CREATING LIABILITY FOR ATTORNEY’S FEESAND COSTS WHERE NECESSARY TO ENFORCE ORDINANCE
Directors agreed to integrate language in sections F and G for consistency. Staff will check with District Counsel before final adoption. Continued to May meeting.
14. RESOLUTION NO. 444: OPPOSING FEMA INSURANCE LEGISLATIONPROPOSAL
-- Kayfetz/McClellan unanimous to approve Resolution 444.
15. OTHER BUSINESS
a. Committee Reports
-- Park and Recreation:
title 22 reclamation project update; BCPUD staff involvement
Director Siedman reported that testing of the infiltration gallery was showing more positive results. Bruce McCarthy has offered to try to help locate a used filter unit for it. Regular coliform testing will continue.
-- Solid Waste:
Shoreline Disposal audit status report / litigation proposal;
Pursuant to several meetings with staff at Shoreline Disposal and Waste Management, Inc., consultant Paul Rottenberg was not optimistic that Shoreline would ever agree to any settlement with the District for possible overcharging and that consequently an audit seemed pointless. The law firm of Wallace C. Doolittle has offered to represent BCPUD on a contingency basis in a suit against Shoreline.
-- Siedman/Kayfetz unanimous to accept Doolittle’s proposal subject to review of its language by the Legal Committee. The Board may meet in closed session at the May meeting to discuss anticipated litigation.
Waste Management representative Ken Foley stated that Shoreline had submitted its financial reports to BCPUD in 1999, showing that no overcharge took place and that the settlement with Marin County was based on its review of charges but that Shoreline had not agreed that it had overcharged. In response to Foley’s assertion that Shoreline has cooperated with the District Director Kayfetz stated that, in his view, Waste Management is not being cooperative if it continues with the legal suit against the District without regard for the outcome.
Martinelli v. Johnson update:
District counsel Hadden Roth will submit an update and recommendations. Directors had no objection to entering into a tolling agreement.
withdrawal of counsel;
Directors received the notice of counsel’s withdrawal. Subsequently counsel has decided to remain with the District.
Resource Recovery Project:
The Board received the financial report without comment.
request for exclusion from vegetation management plan
-- Sewer: sludge disposal;
engineering proposal for inlet piping
b. Minutes of February 16, 2000 Meeting
-- Siedman/Bertsch 4 ayes, Kayfetz abstained to approve February Minutes
c. Minutes of March 15, 2000 Meeting
-- Kayfetz/Bertsch unanimous to approve March minutes.
-- Bertsch/Siedman unanimous to approve warrants
e. Scheduling of Next Meeting(s)
8:00 p.m., May 17, 1999. Closed session 7:00 p.m.