Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
June 18, 2003
270 Elm Road, Bolinas
1. Call to Order
Directors Amoroso, Bertsch, Kayfetz, McClellan, Siedman
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
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
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
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
9. Coastal Permit Application 03-34; Expanded Water Use Permit Application:
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
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
12. Road Maintenance Permit Application: Woods
project location: Birch, between Poplar
Siedman/Kayfetz all in favor
to approve the permit subject to completion and return of the permit checklist
14. Other Business
a. Committee Reports
Orrick v. BCPUD is now settled. All outstanding payments due
BCPUD have been paid. The District saved $5,000 over the original Orrick
-- Sewer: Resource Recovery Project;
Community Paths Group
The Resource Recovery Center will now be open 7 days a week, beginning Sunday,
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
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.
Bertsch/Kayfetz all in favor
to approve the warrants.
d. Scheduling of Next Meeting(s)
July 16, 2003