Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
July 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

The Board received information from the Water Resource Center Archives but declined the invitation to purchase membership.

Director Kayfetz will attend the semi-annual membership meeting of the Marin County special Districts Association on      July 27.

Directors received the California Coastal Commission Proposed Guidelines on Actions Limiting Public Access to Beaches and State Waters. Linda Locklin, the Public Access Program Manager, is preparing a map of the public easements on Bolinas Beach, which should be completed by the end of October. It will show offers to dedicate of outstanding easements.

Directors were invited to attend a tour of the District’s property on Pine Gulch Creek with members of the National Park Service, on Friday July 21. Manager Buchanan explained that the Park Service would like to run a fence along the creek to separate grazing cows from the creek. If an agreement with the current owners of the adjoining Vierra Ranch to keep cattle out of the creek is reached, the Park Service will pay for and install the fence. Park Service representatives have also expressed interest in purchasing the property.

The District’s backhoe has suffered serious mechanical damage which necessitates a new engine or extensive repairs. Since either option would cost the same (approximately $5,500) staff has authorized a new engine, the faster expedient. Mike Aitken has offered the use of his backhoe in the event of an emergency.

No significant source of sand and gravel in was detected in the video filming of the Wharf Road sewer line. However, the line was thoroughly vacuumed prior to filming and Wastewater Treatment Plant Operator Kate Currey has recommended that the line be vacuumed once a year as a maintenance procedure.

Wallace Doolittle, the attorney who is filing a suit against Waste Management has requested a meeting with the Legal Committee.

4.  Community Expression

A minute of silence in memory of David Sobel was observed, at Director Amoroso’s suggestion.

5.  Aircraft Noise

Although Andrew Richards of Bay TRACON is unable to attend the July or August BCPUD meetings he has indicated that he would be willing to come to either a Special Meting or the regular September meeting and make a presentation. Director Kayfetz proposed he attend the September meeting.

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

Only one letter of objection to the proposed surfacing of Oak Road has been received. Despite his personal views, Director Kayfetz, noting the absence of overwhelming negative reaction from neighboring residents, recommended that the permit be approved. Director Amoroso was concerned that notification had not reached everyone affected, and suggested that, in future, signatures indicating agreement be required. Director Bertsch recommended sending notification by certified mail.

--  Kayfetz/Bertsch  unanimous     to approve a Road Maintenance Permit.

7.  Coastal Permit Application 01-1:  Werdegar
      project location:  62 Terrace

Manager Buchanan stated that this proposal to remodel an existing second unit falls under the agreement in 1983 to grant Conditional Expanded Water Use Permits to the first 25 applicants with non-conforming second units. At present water use is restricted to 3,300 cu.ft.

--  MacClellan/Siedman     unanimous     to grant an additional Conditional Expanded Water Use Permit, with the same 3,300 cu.ft restriction.

8.  Solid Waste:  2002 Solid Waste Management Initiative - Advisory Measure Ballot Wording For
     November 7,  2000 Election

This item was postponed to 9 p.m., when Shoreline Manager Ken Foley was expected to arrive.

Whether or not the Downtown Parking Committee intended to put an advisory measure on the ballot was discussed, with the conclusion that it did not, at this juncture.

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

--  Siedman/Bertsch  unanimous to adopt the amendment to Ordinance 30.

Director McClellan queried the absence of language indicating any power to claim costs. Director Kayfetz stated that costs would be requested in any lawsuit pertaining to enforcement.

10.  Request for Support of Alcoholic Beverage Commission Application for Outside Service:
       Coast Café

Coast Café proprietor David Liebenstein informed the Board that he no longer needed its support since he was now complying with the Alcoholic Beverage Commission requirement to erect a physical barrier between the tables in front of the restaurant and the sidewalk. He stated that the barrier would be as informal and unobtrusive as possible.

Director Kayfetz asked why there had been no Expanded Water Use Application for the recent remodeling. Liebenstein indicated that the total number of seats was still less than under previous management.

11.  Resolution No. 447, adopting budget for fiscal year 2000-01

--  Kayfetz/Siedman      unanimous     to adopt Resolution No. 447.

12.  Resolution No. 448, stating rates and charges for fiscal year 2000-01

--  Kayfetz/Bertsch      unanimous     to adopt Resolution No. 448.

13.  Resolution No. 449, approving actions by district manager to ensure that all fees and charges comply with the restrictions and rate calculation requirements of Proposition 218

--  Kayfetz/Bertsch      unanimous      to adopt Resolution No. 449.

Item 8 was reintroduced at this point.

8.  Solid Waste:  2002 Solid Waste Management Initiative - Advisory Measure Ballot Wording For November 7, 2000 Election

Shall Bolinas Community Public Utility District create a Solid Waste Services Department, construct a Transfer Station, acquire equipment, and provide residential and commercial garbage collection and recycling services effective on or after January 1, 2002.
Both curbside and drop-off programs would be available. The cost for weekly curbside pickup would not exceed the current hauler’s 2001 charges.

Director McClellan declared he believed the proposed wording “The cost for weekly curbside pickup would not exceed the current hauler’s 2001 charges.” to be a gross understatement. He had expected customers to be charged half as much by an in-house garbage collection service as by Shoreline. Solid waste consultant Paul Rottenberg stated that he was allowing a comfortable margin in his numbers. Manager Buchanan noted that Rottenberg’s numbers were based on 470 customers, of whom 30 – 40 were outside the District. There was a question of whether non-District residents would be included in the advisory poll. Shoreline manager Ken Foley said Shoreline would continue to serve non-District customers under its agreement with Marin County. Director Amoroso suggested offering pickup to non-District customer at a lower rate than Shoreline but for more than in-town customers. Director McClellan replied that competing with Shoreline would be illegal.

Rottenberg summarized his history with the District. He was contacted by BCPUD to research garbage collection options for the District. He was confident that it was feasible to replicate the present service by either contracting with another private hauler, or purchasing a truck and hauling directly to a dump, or constructing a transfer facility with a compactor that would then be emptied by a contractor. Director Kayfetz was willing to address any land use permit issues and the small size of the operation meant that the California Waste Board would not be an obstacle if a transfer station was the final choice. However debris box service was not accounted for and would have to be franchised, perhaps to Shoreline.

In response to Malcolm Ponder’s questions about cost, Rottenberg explained that amortization was over a longer period since equipment would be used less than in a larger operation, a used truck would be purchased, and inefficiencies would be offset by lower interest rates on tax-exempt financing and the absence of corporate overhead and taxes. Director Kayfetz added that it might be possible to find a more economically or ecologically attractive dump facility. It was noted that Shoreline raised its fees seven times in its previous ten year contract with the District, starting at $11.00 and ending at $16.15. Ken Foley explained that those increases reflected higher tipping costs, cost of living, JPA fees, and equipment costs.

After considerable discussion the following wording was settled on:
Shall Bolinas Community Public Utility District take over solid waste collection services, acquire equipment, and provide residential and commercial garbage collection and recycling services effective on or after January 1, 2002.
The 2002 cost for weekly curbside pickup would not exceed the current hauler’s 2001 charges.

Director Siedman objected to the ballot argument in favor originating from the BCPUD.

--  McClellan/Kayfetz      four ayes, Siedman opposed     to direct staff to formulate an objective analysis of the proposal for the ballot argument in favor, to be reviewed at the August meeting.

Malcolm Ponder was encouraged to produce an argument against the proposal.

The Vegetation Management Committee update was moved forward as a number of people were present for that item.

Director Amoroso began by stating that sub-committee B’s report would not be discussed at this point since a final report from sub-committee A was not yet ready.

Sandra della Valle asked that no more eucalyptus poles be cut within the area being addressed by the Vegetation Management Committee, save in the case of desperate need, until a final plan was adopted.

--  Kayfetz/Siedman     four ayes, McClellan opposed     to curtail any further cutting of eucalyptus until the vegetation management plan is resolved.

14.  Mesa Septic

Staff reported that Rich Condit from the State Water Resources Board plans to send an income survey to document household income levels below $32,000 on the Mesa, to establish eligibility for grants. He has also indicated that neither drainage projects nor district formation costs would qualify for funding. Staff have requested consideration for funds for the proposed digester pits at the sewer facility, indicating that Mesa residents benefit by dumping their septic system waste there.

Director McClellan announced the formation of a Marin County committee to revise County septic regulations. Peter Warshall and Lloyd Kahn are potential members. Director Kayfetz said he would like McClellan to be on the committee as well.

15.   Storage Tanks Rehabilitation Project:  authorization to proceed with bid process (west tank coating) and cathodic protection design work (east tank)

Staff stated that once authorization to proceed was confirmed the bid documents could be prepared, the notice published and the contract could be awarded at the August 16 meeting. Work could begin in September.

--  Siedman/McClellan      unanimous     to authorize Manager Buchanan to proceed with bid process and cathodic protection design work for the east tank.

16.   Alder Road Pipeline Installation Project:  authorization to proceed

The Board reviewed a preliminary drawing of the proposed service line installation on Alder, which will connect the 6” line on Overlook with the 10” line on Evergreen and allow three fire hydrants to be installed. Alder Road will have to be brought up to grade between Cedar and Dogwood. The work should be completed in October.

--  Siedman/Bertsch unanimous to authorize to proceed.

17.   Request for Letter of Endorsement: Vegetation Management Video Project


18.  Other Business

  a.   Committee Reports

       -- Downtown Parking:

Director Amoroso reported that the first two meetings have gone well although the untimely death of Dave Sobel has reduced the membership of the committee. Phil Binley has been appointed to lead the meetings with Ira Epstein as alternate.

       -- Legal:

Director Kayfetz stated that he felt that the size of the most recent bill from District Counsel Hadden Roth  was justified by the comfort derived from knowing that the Martinelli v. Johnson suit has been thoroughly researched and by the statement from Roth that he believes the District to have negligible liability.

       -- Park and Recreation:

Director Siedman reported that Mesa Park was still waiting for the publication of Prop 12 regulations before applying for funding. The fields are presently too dry to use.

On the subject of the path from the park to the school Siedman stated that it seemed that the only way to make it happen would be through exercising eminent domain over Warren Weber’s property. Mesa Park will approach Bolinas School to request that the school and BCPUD initiate the process jointly.

       -- Sewer:  Vegetation Management Plan Committee update

Discussed after Item 8.

       -- Solid Waste:  Resource Recovery Project:  June financial report; operations report

Director Amoroso queried whether animal manure was a suitable material to accept at the site, given its proximity to the downtown area and the lagoon.

Amoroso pointed out that it seems inappropriate for Resource Recovery Committee members to receive free compost from the facility.

After having discussed the subject with Mike Aitken, Amoroso indicated that, if all insurance and maintenance costs were covered by RRP, he would have no objection to RRP accepting the dump truck offered by Stinson Beach Water District. He added the condition that, should BCPUD or the Bolinas Fire Department use the truck for any reason, they should pay RRP for the use.

--  Siedman/McClellan     unanimous     to accept the donation of a dump truck to Resource Recovery Project from Stinson Beach Water District, under the above conditions.

  b.   Minutes of June 21, 2000 Meeting

--  Bertsch/Siedman unanimous to accept the June 21, 2000 minutes as amended.

  c.   Warrants

--  MacClellan/Bertsch unanimous  to approve warrants.

  d.   Scheduling of Next Meeting(s)

August 16, 2000

19.  Adjournment

11:20 p.m.