Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
March 19, 2003      270 Elm Road, Bolinas

1.  Call to Order / Roll

The meeting was called to order at 6:36 p.m.  Directors Amoroso, Bertsch, Kayfetz, McClellan, Siedman present. Director McClellan presiding.

  2.  Closed Session – Pending Litigation – Orrick vs. BCPUD; Government Code § 54956.9(a)

At 6:37 p.m. Director McClellan adjourned to closed session.  At 7:30 p.m. Director McClellan resumed the public meeting by reporting that the Board of Directors had met in closed session to discuss pending litigation and that the Board had taken no reportable action.

3.  Manager’s Report

The concrete pad for the new emergency generator has been poured to bring it above the highest recorded flood level and the generator is now in place, awaiting hookup.  The concrete pad for the generator at the Treatment Plant has been modified to permit installation of the rodent-proof housing.

In the fall of 2002 bids were submitted for the removal of the trees adjoining the path that services the wastewater force main through the woods on the sewer treatment land. A sinkhole had appeared in the path and tree roots were forcing their way through the surface. Monarch butterfly expert Mia Monroe had recommended waiting until spring to remove the trees. There were no objections from the Board to accepting the lower bid from Western Star and proceeding with the work.

Suggestions for the draft spring newsletter and 2003 Consumer Confidence Report can be submitted by the following Monday.

4. Community Expression


5. Comment on Proposal to Create Marin Business Improvement District

Director Amoroso informed the Board that a proposal is going before the County of Marin to increase the Transient Occupancy Tax from 10% to 11%, with the intention of using the extra funds to promote tourism throughout the county. He felt it was unfair to charge the many Marin residents who visit here. Director McClellan stated that the tax shouldn’t apply to Bolinas because tourism is not encouraged here. Director Kayfetz said that other people feel the same way and that the measure is self-defeating because it pushes out the accommodation that it is promoting. Amoroso noted that an increased demand for tourist accommodation could induce people to convert housing stock into transient accommodation.

--  Amoroso/Kayfetz      unanimous      to write a letter objecting to the proposed increase

6.  November 4, 2003 General Election: ballot and/or advisory measure proposals

Director McClellan stated that he wanted to see the town vote on the fate of the Bolinas Community Land Trust’s two water connections. He stated that Mesa Park needs a connection and the BCLT has been unable to use either of its connections in over ten years. Director Amoroso said he had talked to the BCLT and they had intimated that, if they were to part with a connection, it would be for close to market rate, with the revenues to be directed to affordable housing projects.

Director Siedman stated that Mesa Park and the BCLT have been in discussions, including the possibility of creating affordable housing at Mesa Park, but that it is not appropriate for the BCPUD to put pressure on other organizations in the community. McClellan responded that it is appropriate because the Park’s need for water continues to generate controversy in the community. Three directors believe creating a new connection from existing properties would break the water moratorium. He added that BCPUD has always concerned itself with issues outside its mandate. Directors Kayfetz and Bertsch stated that they agreed with Siedman that the District should not put pressure on other community organizations. Director Amoroso noted that Mesa Park Commissioners, at a meeting he had attended, had indicated that the Park is reluctant to pit itself against the BCLT. Bertsch said that the BCLT is working things out with the Park and it is not the BCPUD’s concern until that has happened. Jenny Pfeiffer added that the Land Trust has been busy with other things, but is in conversation with the Park. McClellan stated that a water connection would be more beneficial to the community than a couple of dwellings.

Jane Blethen has indicated that if the wording of her ballot measure is changed she will have to get the signatures again. Manager Buchanan was dubious whether her wording, as is, would be accepted by the elections department.

 -- Bertsch/Siedman      unanimous      to submit Blethen’s ballot measure, as is, for inclusion on the November election ballot.

7. Discussion of Proposed Resolution to Consolidate Selected Water Services

Director Amoroso stated that he wanted to address the issue of properties, such as his own, that have two water connections and that may try to consolidate to one and then sell the other. He said the issue keeps resurfacing and he hoped to lay it to rest by means of a defining resolution.

In reviewing the legislative history of the District it became apparent that definitions of a water connection, service or meter have been unclear. Director Siedman noted that a meter does not disappear because its use has changed, as in the Bolinas Museum’s case. Director McClellan said that was not relevant. He compared the Museum’s situation to that of the Bolinas School – multiple users and two meters. In both cases consolidation left an extraneous meter. However, the School uses more water from its single meter than it did when it used both and the opposite is true with the Museum, creating different equities. He thought there might be a possibility of severing one meter if there is a diminution of use: he said the District shouldn’t abate a valuable property like a water meter.

Director Kayfetz said that since rationing is not a criterion generally used by the District it isn’t possible to apply it in one case and not another. McClellan said this is a particular case, not related to other issues and Siedman pointed out that water use is considered when the District considers meter transfers. Amoroso pointed out that the restaurant usage was discontinued some 16 years before this application was made. Kayfetz said that “grandfathering” use would have time limits. Siedman said the issue was not “grandfathering”, but defining use and existence. Director Bertsch suggested an ad hoc committee work with staff on wording for a draft resolution. There were no objections to Kayfetz’ suggestion that the matter be left alone until the advice of an attorney is sought.

8. Sewer Property Parcel Consolidation Proposal

The Resource Recovery Project is applying for a Use Permit and the permit application process will be smoother if the parcel the operation occupies is consolidated with the main parcel that the sewer facility is licensed on.

--  Siedman/Bertsch  unanimous  to proceed with sewer parcel consolidation process

9. Letter in Support of Ed Euber, Manager of the Gulf of the Farallones National Marine Sanctuary

Apparently Ed Euber has been removed from his position as manager of the Gulf of the Farallones National Marin Sanctuary, possibly for his strong pro-environmental stance. Director Amoroso suggested the District write a letter in support of reinstating Ed Euber to his position of manager until the active and pending issues in which he has been involved regarding Bolinas Lagoon are resolved. Director Siedman pointed out that Euber has taken positions that have not been universally popular in Bolinas.

--  Amoroso/Bertsch  four ayes, Siedman abstaining  to send a letter in support of Ed Euber’s reinstatement

10.  Other Business

a.  Committee Reports
-- Alternative Energy:
-- Finance:   2003-04 budget adoption schedule

--  Amoroso/Bertsch  unanimous to approve schedule, subject to later modification.
-- Legal:   Marin County Counsel Agreement
Although there is no requirement to use Marin County Counsel, signing a letter of agreement keeps the option open.

--  Kayfetz/Siedman   unanimous  to approve the agreement with Marin
County Counsel

--  Mesa Septic, Roads and Drainage:
Director Siedman reported that an open meeting of the Septic Advisory Committee, where the consultants will present their report before it goes before the Board of Supervisors, will be held at the Dance Palace in April. The two main thrusts of the report are that septic system standards must be performance-based rather than design-based, and that enforcement cannot be by Marin County employees. Possibly a West Marin district will be set up that then delegates to agencies, such as BCPUD. State regulations are still in the pipeline.  Staff will make sure the meeting is publicized in the Hearsay.

The Board received copies of a newsletter on septic issues, written by Lloyd Kahn.

The tentative sum of $15-20,000 for road surveys by Marin County has escalated to $50,000, which is negotiable. Staff will discuss with Andy Blake how much of the original proposal is necessary.

Jenny Pfeiffer asked what the schedule for pipeline repair is. She was informed that Walnut and Fern Roads are next on the list, once the weather dries up.

 -- Operations: None
 -- Park and Recreation: None
 -- Personnel: None
 -- Sewer:      Resource Recovery Project:
                      report on use permit process; None

                      Community Paths Group report
Don Smith, on behalf of the Community Paths Group, reported that he has been pursuing a circular funding source quest for the anticipated path(s) through the BCPUD land. He asked
the Board to approve sending a letter to County Department of Public Works asking to be considered in any funding opportunities

--  Siedman/Kayfetz  unanimous to send Smith’s letter as amended by Director Amoroso.

  --Solid Waste:  new franchise agreement – status report

The fully executed agreement with all appurtenances is now in place.

b. Minutes of February 19, 2003 Special Meeting
--  Kayfetz/Bertsch  four ayes, Siedman abstaining  to approve Minutes of February 19, 2003 Special Meeting
c. Minutes of February 19, 2003 Regular Meeting
--  Kayfetz/Bertsch  unanimous  to approve Minutes of February 19, 2003 Regular Meeting
d. Warrants
--  Bertsch/Kayfetz   unanimous  to approve warrants
e. Scheduling of Next Meeting(s)
Wednesday, April 16, 2003

10.  Adjournment

8:55 p.m.