Bolinas Community Public Utility District
A Regular  Meeting  Of  The Board  Of  Directors
June 18, 2003     270 Elm Road, Bolinas          
1.  Call to Order

    8:00 p.m.

2.  Roll

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

3.  Manager’s Report

The Summer 2003 issue of BPUD Pipeline, the District newsletter, is ready to be printed.  Staff requested Directors to submit comments and suggestions by noon on Monday, June 23.

Dennis Rodoni, member of the North Marin Water District Board, has been re-elected to the Marin County Local Area Formation Commission (LAFCO) as the Special District Representative.  George Quesada was re-elected as the alternate Special District Representative.

The Marin County Community Development Agency, as a condition of its issuance of a Coastal Permit to David Finkelstein for vegetation restoration and development of a parking pad on his 35 Queen Road property, is requiring the removal of a fence placed across the Queen Road right of way near the edge of the cliff.  

Staff reported on inquiries into the proposed refinancing of the 1985 Safe Drinking Water Project loan.  The loan was refinanced in 1993 as part of a pooled public bond issue that shortened the term of the loan repayment period by 7 years while keeping payments nearly the same.   The current opportunity appears to require  a greater obligation, for a longer term, with higher total interest payments than staff was willing to recommend to the Board.  

Water distribution projects planned for the summer include installation of a new 10” line valve on the Evergreen main, near Mesa Road and completion of the tie-in of the new Alder main to the Evergreen line.  Work is scheduled to begin the week of September 8.  Other projects include replacement of the Iris Road line between Elm and Ocean Parkway, with work set to begin July 14, and replacement of the Walnut Road line from Larch to Poplar scheduled for the week of July 21.

Director Amoroso suggested, as a matter of Board policy, that no action items be included under Committee Reports on future meeting agenda.  There were no objections.
4.  Community Expression

Bill Lyons handed out a pamphlet issued by the Fire Department as a part of its capital campaign describing the proposed building project for the fire house, clinic and improvements to Mesa Park.  He questioned where the water would come from for Mesa Park.  Jack Siedman pointed out that no potable water is being included in the proposal.  Toilets would be flushed with reclaimed wastewater.

5.  Public Hearing:  2003-04 BCPUD Budget

 President McClellan opened the Public Hearing.  Staff presented the draft budget, indicating  that no rate increases are proposed for the 2003-04 fiscal year.  The budget includes funds for completion of the Water Storage Tank Rehabilitation Project , continuing work on the water distribution system, purchase of a replacement light pickup truck for administrative use, purchase of a new photocopier, and partial funding of exterior painting of the 270 Elm Road building.   There were no objections from the Board of Directors to adding $15,000 additional to the budget to cover the estimate of $25,000 for the work.   If this amount is included in the final budget, public bids will be sought for the work.

Adoption of the budget is scheduled for the July 16, 2003 meeting.

Following closure of the Public Hearing, President McClellan suggested item 13 be taken   next.  There were no objections.

13.  Ordinance 34, Placing Jane Blethen’s Measure on the November 4, 2003 Ballot, or
        Resolution 489, Acknowledging Bolinas As A Nature Loving Town

Apparently, there are legal problems with the form of Ms. Blethen’s initiative, as well as the draft ordinance.  Staff had prepared a draft resolution recognizing the effort put into the initiative by Blethen, and adopting the substance of her proposal as BCPUD policy.  Director Amoroso recommended adopting the resolution.  In response to a question from the Board, Blethen indicated that she wanted the issue on the November ballot. 

Amoroso/Kayfetz       Amoroso, Kayfetz ayes;  Bertsch, McClellan and Siedman nays       to adopt Resolution 489.  Motion failed.

Siedman/Bertsch      Bertsch, McClellan, Siedman ayes; Amoroso and Kayfetz nays       to use the language of Blethen’s initiative, as it appears in the draft ordinance, and place it on the November ballot as an advisory measure.  Blethen’s wording will be preceded by the phrase “Shall the following language constitute a policy of the Bolinas Community Public Utility District?”.

6.  Ordinance 33, Amending Ordinance 21, Setting Director Compensation

The draft ordinance would pay Directors $125 per Board meeting, and $50 per noticed committee meeting.
Siedman/Bertsch      all in favor  4 ayes, Amoroso opposed       to not adopt the ordinance.

Kayfetz/no second       to abolish pay for Directors.   No second.  Motion failed..

7.  2003-04 District/Employees Memorandum of Understanding

Kayfetz/Amoroso     all in favor       to approve the 2003-04 Memorandum of Understanding. 

8.  Mesa Park:  proposal to include tax revenue under BCPUD’s Gann limit;  Resolution  No. 488,  approving an application for Land and Water Conservation Fund grant; 5/03 water bill; water reclamation project preliminary engineering report

The proposal to include Mesa Park’s tax revenue under BCPUD’s appropriations limit does not meet with County Counsel’s approval, so Mesa Park will put a measure on the November ballot to establish the agency’s new limit.  50% + 1 of the voters voting on the measure will be needed for approval.

President McClellan yielded the gavel to Director Siedman for the following action:
Bertsch/McClellan       all in favor        to approve Resolution 488, subject to the following collateral agreement:   no liabilities associated with the grant application shall accrue to Bolinas Community Public Utility District until the District has written verification that matching funds have been committed to the project and  the Regional Water Quality Control Board has approved the Title 22 reclamation project.

In response to a question from Mesa Park Board member Andrew Blake, Director Amoroso expressed his concern that restrictions may be imposed on the operation of the reclamation facility that would result in a project that does not increase the BCPUD sewage treatment facility’s capacity, thereby undermining the basis for allowing a sewer connection to the firehouse/clinic/park complex.  Director Siedman disagreed with Amoroso on the capacity issue.  Director Kayfetz stated the bottom line is that the Regional Water Quality Control Board has to approve the project.  There was consensus to postpone further debate on the matter until the engineer’s project report is available for review

Director Siedman noted that less than a month has elapsed since BCPUD billed the park for its water use and he took exception to its being placed on the agenda prematurely.

9.  Coastal Permit Application 03-34; Expanded Water Use Permit Application:  Harrison
     project location:  315 Mistle

The Marin County Community Development Agency (CDA) staff has recommended demolition of work done without building permits.   The CDA Notice of Project Status listed numerous items needed to complete the Coastal Permit application and noted conflicts with The Bolinas Gridded Mesa Plan.  Director Amoroso expressed concern regarding additional loading on the septic system, both for the effect on the functioning of the system and the impact on soil stability.  The Board is required to consider the impact on septic functioning when acting on an application for an Expanded Water Use Permit and that could be a problem in approving this particular application. 

Staff will send a letter to CDA explaining the requirements imposed on the Board when considering an Expanded Water Use Permit application and also conveying expressions of concern from a member of the public in attendance at the meeting that the project violates the Bolinas Gridded Mesa Plan’s prohibition on substantial new construction within the Bluff Erosion Zone. 

Consideration of the Expanded Water Use Permit application will be continued until the Coastal Permit application is complete and CDA staff has issued its report.

10.  Roads:  proposed amendment of District Ordinance 30
 The proposed amendment adds a reference, in its definition of an Obstruction, to the Mesa  Drainage Plan.

Siedman/Bertsch    all in favor      to adopt Ordinance 33, amending Ordinance 30.

11.  Roads: Ad Hoc Committee Report:  assessment district formation; budget; wording for
     ballot measure; survey project

Ad Hoc Committee Chair Andrew Blake reported that the group consensus is to address drainage issues on a watershed basis and that the area roughly bounded by Alder, Larch, Aspen and Grove is the single worst spot on the Mesa.  Rob Rich suggested that installing culverts at the correct elevations to promote drainage in this area would be the best approach. Homeowners would then know the criteria they must meet for their individual projects.

Given the current economic climate, the committee doesn’t want to burden everybody with an assessment on the property tax bill.  Blake recommended $10,000 per year for the next 3 years to install the needed culverts.  A detailed discussion ensued regarding how to finance the work.
Kayfetz/Siedman     all in favor      to borrow $10,000 from the general fund in the 2003-04 fiscal year to begin the project, with the money being paid back in 2004-05.  It would be considered a one time charge to fund a pilot project, with an increase in the septic charge on the property tax bill next year to pay for it.  After the first year, the feasibility of continuing would be evaluated. 

Director Kayfetz asked Blake and the committee to come to the July meeting with details for implementation of the first phase before the next rainy season.
12.  Road Maintenance Permit Application:  Woods
       project location:  Birch, between Poplar and Mesa

 Siedman/Kayfetz     all in favor     to approve the permit subject to completion and return of the permit checklist

14.  Other Business

a.  Committee Reports
      -- Legal:

Orrick v. BCPUD is now settled.   All outstanding payments due BCPUD have been paid.  The District saved $5,000 over the original Orrick settlement proposal.

      -- Sewer:  Resource Recovery Project; Community Paths Group

The Resource Recovery Center will now be open 7 days a week, beginning Sunday, June 22.

Regarding the Community Paths Group, and in response to group member Don Smith asking if the group is an ad hoc committee or a standing committee subject to Brown Act notice requirements, it was stated that the group is ad hoc but as a matter of good form it should make a practical effort to do community outreach.  Smith indicated the committee puts meeting notices in the Hearsay and approved minutes are placed in a public folder at the library.

Smith also asked for clarification on what constitutes a quorum.   Following a discussion of the issue, there seemed to be Board consensus that if a group member misses two meetings in a row, that member is dropped from counting toward the quorum requirement of at least 50% of eligible members.   When the member returns he/she is again part of the quorum.

Director Amoroso noted that he and Director McClellan are members of the group but they are not representatives of the Board. 

     b.  Minutes of May 21, 2003 Meeting

Kayfetz/Siedman     all in favor     to approve the May 21, 2003 minutes as amended.

c.  Warrants

Bertsch/Kayfetz       all in favor        to approve the warrants.

d.  Scheduling of Next Meeting(s)

July 16, 2003

15.  Adjournment

10:54 p.m.