Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
June 21, 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

Manager Buchanan opened his report by informing the Board that lab tests on the sewer pond sludge have shown more than 50% inert material, i.e. grit, sand and gravel, which has a negative effect on the possibility of composting the sludge. Treatment plant operator Kate Currey has advised making a video recording of the Wharf Road sewer line to try to find the source of the problem.

Ron Miska of Marin County Open Space has responded to the last staff letter requesting ongoing information about the Bolinas Lagoon Ecosystem Restoration Project, with the assurance that he will endeavor to keep the District informed and that he will forward the comments of the Board to the project manager.

Letters from Cela O’Connor and Bolinas Museum regarding Rancho Baulines were received by the Board. The Museum invited a representative from the BCPUD Board to attend an upcoming land use symposium to be hosted by the Museum. Director Kayfetz will attend. Staff will write to the Museum to confirm.

The staff cross-training with the Bolinas Fire Department proved its worth in a recent fire where crewmember Bill Pierce helped fight a fire when the Fire Department was short handed. However the JPIA has indicated that risk transfer language must be included in any personnel crossover agreement with the Fire District and Fire Chief Kevin Hicks has said that that may be too complicated, in that BFPD Worker’s Compensation would not equal BCPUD levels. Staff will ascertain the cost of full coverage from JPIA and find out if the Fire District will cover it.

A response from Air Traffic Manager of the Federal Aviation Administration, Andrew Richards, indicated that more relevant information concerning traffic patterns over the Point Reyes area could be obtained from other sources. In the letter he suggested visiting the Bay Terminal Radar Approach Control facility. Staff will write a letter, enclosing all the correspondence to date, to the Air Traffic Manager in Oakland, and all the appropriate elected representatives for the region as suggested by Directors Amoroso and Kayfetz. In addition they will be invited to attend the July meeting of the Board of Directors, as will Andrew Richards.

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

Rich Condit of the Regional Water Quality Control Board called to inquire if the District was planning to submit a request for funding under the Small Community Grant Program. Possible projects for planning and design grants include preliminary work toward establishment of an onsite wastewater management zone, with special emphasis on engineering work leading to completion of a drainage project for sections of Ocean Parkway between Overlook and Juniper, and planning /design for construction of digester pits at the sewage treatment facility, in conjunction with implementation of a compost operation to handle sludge.

Staff will submit application letters for both projects.

4.  Community Expression

Cela O’Connor noted that the Citizen’s Advisory Commission of the Golden Gate National Recreation Area/Point Reyes National Seashore has agreed to hold a public meeting in the fall to address the future of Rancho Baulines. Director Amoroso suggested that her organization draft a letter of support that he, and possibly others, would be willing to sign, in support to a preliminary workshop.

Director Kayfetz put forward the rumor that David Sobel would be hosting bands at the Bolinas Bay Bakery and selling beer on July Fourth. David Liebenstein of the Coast Café announced that he was working with Don Deane of Smiley’s Saloon to have bands playing on the balcony of the saloon, although no band had been confirmed. He would be selling beer outside his restaurant and some friends of his would be barbecuing at his property across the street. The proceeds of the barbecue would go to the Lion’s Club. He stated that people would be in town anyway and it would be better to give them something to do.

5.  Beach Problems:  fires; camping; motor vehicles; access

Brighton Avenue resident Ashley Ratcliffe asked that BCPUD directors participate in the movement by concerned residents to find solutions to numerous problems related to inconsiderate behavior by campers and large groups of late-night partiers on the beach and downtown near the tennis courts. Director McClellan stated that the objectionable behaviors were already regulated and no further prohibitions were necessary. In his view, combating the prejudice of law enforcement officers against performing their duties in Bolinas is the proper solution. Ratcliffe said that she had been informed by Supervisor Steve Kinsey and the Sheriff’s Department that no ordinances were enforceable, as the Sheriff’s Department had no jurisdiction on the beach. Director Kayfetz indicated that deputies driving on the beach had stated that it was now part of their beat, as a response to complaints from downtown residents. However, no ordinances forbade camping or open fires. They had said that undesirable activity on areas of the beach that are private property should be addressed through the Planning Department if the property owners concerned did not wish to ask the Sheriff to intervene. Kayfetz suggested that the private property owners on the beach sign an agreement permitting law enforcement. Ratcliffe claimed that easements must be obtained through the Coastal Commission. Director Siedman stated that the Bolinas Fire Protection District had an ordinance banning open fires without a permit. Debbie Morrison responded that their ordinance had no power without authority from Marin County. Cela O’Connor stated that the dry sand from the “Airplane” house to the groin was under the jurisdiction of the State of California but that the County or BCPUD could accept the offer to dedicate, thereby gaining a measure of control. O’Connor will write to Linda Locklin, coastal access manager, for more information.  Nina Bellak insisted that the necessary regulations were already in place and expressed concern that Bolinas youth would be unnecessarily harassed, if more restrictions were imposed. Morrison noted that the Rod and Boat Club was addressing the question of installing a gate across the Wharf Road end of the beach. Ratcliffe emphasized the magnitude of the problem, the limited capabilities of existing enforcement and the lack of clarity over jurisdiction. McClellan stated that he was not necessarily opposed to the District accepting easement to the beach but wondered what would give weight to BCPUD decisions. Kayfetz responded that BCPUD could ask the County to regulate. David Liebenstein complained about the vagrants encamped on the beach and the trash that they generate. Morrison would like to have County funded trash collection at the ends of the beach and McClellan noted the need for more restroom facilities.

--  Kayfetz/McClellan unanimous  that staff write a letter summarizing the views expressed and requesting fairer and more consistent law enforcement, to reach Supervisor Kinsey before the June 26, 2000 town meeting called to discuss beach issues.

6.  Formation of Downtown Parking Committee

Different combinations of representatives among the applicants for the committee were evaluated. Directors Amoroso and McClellan engaged in a heated discussion of the definition of conflict of interest, Amoroso claiming that one of the applicants had a history of misusing his position on a similar committee in the past and that another was in the process of getting permits from the County. (Daran Moghadan said he had no parking issues at present.) Siedman stated that if any abuse of position occurred on this occasion the committee member would be removed. McClellan noted that having a stake in the outcome did not create a conflict of interest.

--  Siedman/Bertsch  to appoint all thirteen applicants

amended by Director Kayfetz to add two directors with an alternate from the Board. After conferring Directors Amoroso and Kayfetz agreed to serve on the committee with Director Siedman as the alternate.

Debbie Morrison queried why an applicant who had served previously on a similar committee and was accused of having later misused his position was being allowed to serve again. Daran Moghadan noted that his only conflict of interest would be if towing were involved in the committees’s decisions. Amleto Rossi declared that he wished to see as many representatives as possible on the committee since the whole town was affected. David Liebenstein indicated that parking for Coast Café employees was planned for his property across the road.

 Three ayes, Amoroso, Kayfetz opposed.

Cela O’Connor queried if the recommendations of the committee would be incorporated in the Bolinas Community Plan and if house size would be addressed. Amoroso replied that house size and use (vacation rentals) would not be addressed by this committee.

The mission of the committee is to study and evaluate parking in downtown Bolinas and make recommendations to the Board, which would then be conveyed to the County.

7.  Bolinas-Stinson Paths Group:  request for support of paved shoulder on Olema-Bolinas Road;  request for improvements to path along southern boundary of BCPUD sewer property

Nina Bellak reported that the Paths Group had refined its plans and was now focusing on three routes in town; a path from Mesa Park to the Bolinas School campus, paving the shoulder of the Olema-Bolinas Road between the school and downtown, and improving the existing path along the southern boundary of the BCPUD sewer lands.

Director Siedman noted that the late Bill Beckman had done a considerable amount of preliminary work on a path from Mesa Park to the school. Siedman said he would like to work further on creating such a path.

Jim Wagner from the Department of Public Works has indicated that paving the shoulder of the Olema-Bolinas road would not be subject to the many Caltrans requirements for bicycle paths and could be accomplished if support from the various elected bodies in the town were demonstrated. Director Kayfetz stated that he would support such an improvement as long as some physical separation from the road was included.

--  Kayfetz/Siedman  unanimous to support evaluation of paving shoulder and implementation of same if a physical separation is included.

Bellak will contact staff with an outline for a letter of support.

Bellak stated that neighbors’ objections to the earlier proposals for paths on BCPUD land had been considered and the focus is now on improving the existing path along the South boundary of the land. The path over the wet stretches needs to be raised and a bridge built over the ditch at the entrance from Overlook. The existing trail down through the trees could be reserved for pedestrians, and paved switchbacks added for cyclists, both joining Olema-Bolinas road at the Resource Recovery site. Proposals for possible funding from Parks and Recreation Trails sources have an October 1, 2000 deadline. Plans for a South Path on BCPUD land seem more likely to be ready for a grant application by then than the Mesa Park/school plan. Bellak asked Directors for support in seeking such funding. Director Kayfetz said he wanted to visit the proposed site before giving his support. Director Amoroso stated that he supported this proposal. The Board will await more details.

8.  Expanded Water Use Permit Application:  Martino
     project location:  6 Crescente

The Expanded Water Use Permit process was overlooked when this project was reviewed for a Coastal Permit several months ago and the property line setbacks were examined. The proposed project will add one bath and relocate an existing shower.

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

9.  Expanded Water Use Permit Application:  Bolinas Garage (Mortizaie/Moghadam)
     project location:  6 Wharf

Daran Moghadan reported that no additional bedrooms were proposed as part of the rehabilitation of the gas station/garage complex but that each of the three bedrooms would have its own bathroom. The commercial uses of the building will all be automotive related. The downstairs bathroom will be handicapped accessible. Staff stated that the property currently has an unrestricted water use permit and that although the previous twelve months did not illustrate typical usage, applying the standard formula for expanded water use permits would allow up to 9000cu.ft.  Moghadan listed new piping and new low flow fixtures as proposed conservation measures, in reply to Director Kayfetz’ query.

--  Kayfetz/Bertsch four ayes, Siedman abstained as he had had business connections with owner Valliolah Mortezaie to approve a Conditional Expanded Water Use Permit with a cap of 9000 Cu. Ft. per quarter.

A lateral sewer line that used to connect to Peter Lee’s property, which had once been part of the garage, was disconnected in 1990 and a new direct line installed. During the current remodeling of the garage the possibility of incorporating the old lateral, which was used for discharging the tanks recently, has been discussed. Moghadan explained that it would be used exclusively for garage operations and the current active line would be used for the residential part of the building. He noted that having a line exclusive to the garage would make monitoring of undesirables in the sewer system easier and hooking the line up would alleviate his concerns that sewage might backup through it into the surrounding soil that was being monitored for toxic constituents. He stated that he did not anticipate the groundwater remediation facility that might be required, potentially for ten years, would be needed, but, if it were, it would be installed as a separate system. Manager Buchanan stated that smoke tests had shown no signs of infiltration in the line, in response to Director Amoroso’s query. Director Kayfetz expressed concern that a second line might be construed as more than one hookup, a situation that has caused difficulties in the past.

--  Kayfetz/McClellan four ayes, Siedman abstaining to approve connecting the second sewer line, with a signed understanding between Moghadan and the District that doing so does not constitute an additional connection or any entitlement.

Amoroso requested preliminary verification that no infiltration of the line was happening.

10.  Road Maintenance Permit Application:  Burke
       project location:  Oak, south of Cherry

Tom Burke explained that as he was unable to obtain lignin to use for dust control on Oak Road he was proposing treating the road with liquid asphalt. He stated that such a process, once begun, required renewing every two to three years and was, in effect, irreversible. He reported that, although it was not a treatment that has been used in Bolinas, he had seen it elsewhere and approved of it. Some of the neighbors had objected to the smell, noticeable during application. Director Kayfetz proposed continuing the item till the following month, in the meantime circulating the specification sheet to all the neighbors with an advisory statement that the Board was inclined to approve the project if no one objected.


11.  Public Hearing:  2000-01 budget

In the absence of any public response to the proposed budget, approval will be scheduled for the July meeting.

12.  2000-01 District/Employees Memorandum of Understanding

--  Siedman/McClellan unanimous to approve 2000-01 District/Employees Memorandum of Understanding.

13.  Ordinance 30 (Establishes Rules Governing Unpaved Roads On Mesa):  proposed amendment creating liability for attorney’s fees and costs where necessary to enforce ordinance


14.  Resolution 445, Requesting Election Services For November 7, 2000 Election

--  Siedman/Kayfetz  unanimous to approve Resolution 445.

15.  Advisory Poll Measure(s) Ballot Wording For November 7, 2000 Election

Manager Buchanan reported that solid waste consultant Paul Rottenberg had made little progress on either refining the funding/timeline for creation of the District’s own solid waste management capability, including construction of a transfer facility, or investigating the requirements of the Coastal Commission. In conversation with Buchanan Rottenberg had repeated his earlier idea of bidding on the contract himself, and had seemed disappointed in the Board’s lack of interest in his alternative proposals at the May meeting. However, if an in house capability were no longer under consideration an advisory poll would not be necessary. Director Siedman stated that he saw the options as being either to continue to have the garbage collected or to form a local district, and Director Bertsch concurred, stating that although she did not favor an in house facility, it made more sense than turning the collection over to Rottenberg, who might be bought by Waste Management or underbid by Shoreline Disposal. Director Kayfetz noted that a public bid might lower Shoreline’s rates. Since approval by the advisory poll is necessary before spending any money to implement the plan, staff suggested that Shoreline’s contract could be extended for another year after December 2001. Director Amoroso suggested calling a Special Meeting to discuss details before the next regular meeting, but, since the letter requesting further action from Rottenberg had intimated that the July meeting was the deadline, it was proposed that, if possible, the outstanding issues be addressed then.

16. Resolution 446, Establishing Driver Record Review Criteria Per JPIA Recommendation

--  Siedman/Kayfetz  unanimous to approve Resolution 446, Establishing Driver Record Review Criteria Per JPIA Recommendation

17.   Other Business

a.  Committee Reports
      -- Park and Recreation:  Mesa Park request to buy water

Director Amoroso asked that, in the absence of Mark Fraser to represent Mesa Park, the request be submitted in writing.

Director Siedman agreed to represent Mesa Park and requested, on behalf of Mesa Park, that BCPUD permit the Park to buy 10,000 gallons of water. Amoroso then withdrew his request. Staff reported that most recently the Coast Guard had bought bulk water from the District. At present the Woodrat 1 reservoir is spilling, indicating that selling water would not adversely affect District water supplies.

--  Kayfetz/Bertsch  four ayes, Siedman abstaining to approve the sale of up to 15,000 gallons of water to Mesa Park provided Woodrat 1 reservoir is overflowing.

      -- Legal:  Martinelli v. Johnson, et. al. update

District Counsel Hadden Roth has stated that he fails to find any franchisor liability on the part of the District. He finds no evidence that the BCPUD directed Shoreline where to take garbage and, in his opinion, the maximum liability for the District would be for one year prior to the filing of Shoreline’s claim and for .04% of the quantity of Bolinas’ refuse disposed of in that time. The plaintiff must prove the existence of the hazard, so not only is the liability questionable but the extent is minimal. The JPIA may have to defend the case if no hazardous waste is found to be involved.

Neither Stinson Beach nor Bolinas was required to share the $26,000 cost for the first four of six assigned tasks preliminary to remediation. There will be no cost to the District for the consultant for the six-step remediation plan.

        -- Sewer:

Vegetation Management Plan Committee report;

Director Amoroso reported that the committee does not appear to be close enough yet to any recommendation that would require an advisory poll on the November ballot.

sludge disposal; Wharf Road video proposal

Treatment Plant Operator Kate Currey would like approval to videotape the sewer line to try to find the source of the non-volatile material that constitutes over half the content of the sludge in the sewer ponds. The Board had no objections, subject to a not-to-exceed cost of $10,000 and review by the sewer committee.

      -- Solid Waste:

Resource Recovery Project:

May financial report;

The Board received the May financial report.

operations report;

Director Amoroso indicated that the approved minutes of two month previous provided insufficient information and requested that a member of the committee give a full report every six to twelve months.

          request to add members to committee

--  Amoroso/Kayfetz unanimous to approve the addition of two more members to the committee, one being added with the consensus of the Stinson Beach Fire Protection District and Stinson Beach Water District and one with the consensus of the Bolinas Fire Protection District and BCPUD, noting that BCPUD reserves the right to withdraw its appointed members at any time.

In discussion of the proposed donation of a used dump truck to the project by the Stinson Beach Water District, Director Amoroso indicated that donating the use of it or selling it and donating the proceeds were the only acceptable options that would avoid liability and insurance and maintenance problems.

b.  Minutes of May 17, 2000 Meeting

--  Siedman/Kayfetz unanimous to approve the minutes as amended to change Subcommittee B to A on page 5.

c.  Warrants

--  Bertsch/Siedman unanimous to approve warrants.

d.  Scheduling of Next Meeting(s)

July 17, 2000

18.  Adjournment

11:23 p.m.