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

January 21, 2004         270 Elm Road, Bolinas

1.  Call to Order:  7:33 p.m.

2.  Roll

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

3.  Manager’s Report

The maintenance crew has difficulty in responding to pages and alarms received while in the field.  There were no objections to equipping the 3 full time operators with cell phones, with the possibility of adding a 4th line to be shared by the two part-time weekend operators.

Robert Brownwood and Erica Wolski, the District’s new contacts at the State Department of Health Services, met with key personnel on January 7 to get acquainted and discuss pending regulatory issues.   Wolski suggested that BCPUD might consider activated carbon treatment between filtration and disinfection as a way to lower trihalomethane levels in the finished water.   Director Smith suggested investigating ozone treatment as an option, also. 

Water Supply Report:  both Woodrat reservoirs are spilling.  Figures compiled for the Department of Water Resources indicate an increase in unaccounted for water usage to 19% for the year.   The average for the past 3 years has been 10%.   Large distribution system leaks may have been a significant factor. 

Staff has not received a response from Marin County Counsel to a District letter requesting clarification of an opinion concerning Brown Act requirements.  Meanwhile, Directors McClellan and Amoroso attended a Brown Act seminar sponsored by the Marin County District Attorney’s office.  Amoroso reported that the District Attorney agrees with the oral opinion from County Counsel last September, i.e., that anytime more than 2 directors participate in a meeting, it must be a board meeting.  If a third director attends a committee meeting, that director may only observe.  When 3 members are appointed to a committee, such as the Path Committee, it is a technical violation.  Amoroso reported that a maximum of two directors may address an un-agendized issue raised during Community Expression.  Drainage, Parking and all other Ad Hoc committees are subject to the Brown Act.  The only exception would be a committee not appointed by BCPUD.  

Director McClellan commented that most Brown Act issues can be resolved by making sure that there is adequate notice of pending meetings, and that the notice contains sufficient detail for the average person to understand the purpose of the meeting.   McClellan also mentioned that the committees where the number of directors present may be an issue are advisory only, with no decision making power.   Specific application to the Community Paths Group was discussed during Committee Reports.

The ACWA Joint Powers Insurance Authority is strongly encouraging the members of its Workers Compensation Insurance Program to use the services of Occumed, a company that monitors the hiring and return-to-work practices of public agencies in order to help them control workers compensation claims and employment-related legal action.  ACWA JPIA may require its Workers Compensation Insurance Program members to conduct pre-employment physicals, with blood testing for illness and drug use.   Member agencies are now being surveyed by Occumed, with implementation scheduled for later this year.  BCPUD already requires applicants to agree to a physical examination but drug and blood testing has not been a part of the regimen.   This issue may be a factor during hiring of a new Administrative Assistant.

The 270 Elm Road painting project is now complete.   The contractor presented an $800 bill for extra work not included in the original proposal.  All the work could be considered normal building maintenance and there were no objections to paying the bill.   Staff will write a letter to Jim Vest, thanking him and his crew for a job well done.

Directors received information from County of Marin regarding a special transportation meeting in the Board of Supervisors chambers on January 31. Preparations for the 2004-05 budget process are underway.   The Board will receive the General Manager’s draft budget, with a proposed schedule leading to adoption, no later than the March meeting.   One item of maintenance that should be included is the removal of the reeds from Woodrat 1.  The plants are reducing the holding capacity of the reservoir and they have encroached on the spillway.  Woodrat 2 also has the same problem.

Jenny Pfeiffer asked about the status of garbage service and was told that the labor issues between Waste Management and the union have been settled and operations should return to normal on the next collection day.

4.  Community Expression


5.  Election of Board Officers; Board Committee Assignments

Amoroso/Smith      all in favor      to nominate Director Bertsch for President.

Siedman/McClellan  to nominate Director Smith for Vice President.  Smith demurred, indicating he would like to gain more experience first.  The nomination was withdrawn.

McClellan/Smith       all in favor       to nominate Director Siedman for Vice President.

Amoroso/Siedman     all in favor      for Director McClellan to continue as the ACWA JPIA Board member.

McClellan/Smith      all in favor      to continue with Directors Amoroso and Bertsch on the Finance Committee.

Amoroso/Smith        all in favor      to appoint Directors Siedman and McClellan to the Legal Committee

Amoroso/Siedman    all in favor      to continue with Directors Bertsch and McClellan on the Septic, Flood Control and Roads Committee, with Director Smith as the alternate member.

Amoroso/Smith       all in favor      to continue with Directors McClellan and Siedman on the Operations Committee, with Director Amoroso continuing as the alternate member.

Smith/McClellan       all in favor        to appoint Directors Amoroso and Siedman to the Park and Recreation Committee, with Director Smith as the alternate member.

McClellan/Amoroso      all in favor       to continue with Directors Bertsch and Siedman on the Personnel Committee.

McClellan/Siedman       all in favor       to appoint Directors Amoroso and Smith to the Sewer Committee, with Director Siedman as alternate.

Siedman/McClellan          all in favor      to appoint Directors Amoroso and Smith to the Solid Waste Committee, with Director Siedman as alternate.

6.  Roads:  maintenance/improvement permit procedures; review of permit checklist; specifications for maintenance or improvement of unpaved roads; Kale/Poplar road maintenance update

Directors began their consideration of this item with the Kale/Poplar road maintenance update. 
Staff reported on a brief meeting with Jerry Tergis, during which he indicated that he no longer plans to do roadwork on Kale and Poplar adjacent to this property.  He is also willing to pay for a share of any work done under permit by an organized neighborhood road group. He asked, in return, that the traveled portion of the Kale roadway not be moved any further west than it is now.  He was shown on the subdivision map that the Kale Road right of way is 40 feet wide.   He conceded that the dimension is shown as 40’on the map

The Board discussed the encroachment issue and the need to retain all the property within the easement.  Director Smith commented that Tergis has taken a significant step in moving beyond the controversy surrounding these sections of roadway, and he expressed a desire that Andrew Blake, who had earlier filed a complaint of unauthorized road work against Tergis, do so as well.  Blake expressed skepticism.  Director Amoroso acknowledged the apparent progress in this matter and thanked Smith for his efforts.  Smith noted that Heide Hughes, who owns property on Kale directly across the street from Tergis, surveyed her property in 1996.  Smith suggested finding the corner stakes for that survey to determine the location of the 40’ right-of-way.

Regarding permit procedures, staff suggested that if there is any doubt about administrative authority to approve a permit, the application will be placed on the Board’s agenda. 

Jenny Pfeiffer stated that a poorly-functioning culvert on Walnut Road is the result of unfinished work on the water main replacement project.  She asked for BCPUD’s help in correcting the problem.  Blake suggested the Fire District can help with culvert cleaning on the Mesa and Amoroso recommended the Septic, Flood Control and Roads Committee broach the possibility to the Fire District.

Blake requested the Septic, Flood Control and Roads Committee item be taken up next and there were no objections.   Blake reported that determination of the depth of the Evergreen water main is scheduled for tomorrow.  Director Bertsch noted that the hand digging on the Grove Road right-of-way must be completed before the Evergreen culvert replacement starts.
There is no final draft of the survey agreement with Marin DPW yet.   Director Bertsch will work out the schedule of the next committee meeting by email.

7.  National Park Service:  General Management Plan Update for Point Reyes National Seashore and the north District of Golden Gate National Recreation Area; review of NPS appraisal of AP# 188-090-14 (Pine Gulch Creek property); proposed lot split for AP# 188-090-14

The comment period has been extended to February 20 for the General Management Plan Update.  Staff will publicize the extension in the Hearsay, and a copy of the material related to the update will be given to the Bolinas Library.   Continued to the February meeting.  Director Amoroso requested Tony Lewis make a presentation at the February meeting.
Regarding the proposed transfer of the District’s Pine Gulch Creek property to the National Park Service (NPS), staff reported that the NPS appraisal values the 73 acre parcel at $300,000 and that the NPS real estate section continues to press for a decision on BCPUD’s offering the property before encumbered federal funds earmarked for acquisition are used to purchase other parcels.   Director Amoroso recommended seeking an analysis of the NPS appraisal by another certified appraiser, and then, subject to review of the analysis, seeking to review the license of the NPS appraiser for questionable practices.  Amoroso suggested that a subsequent owner may be better able to cure the apparent defect in the easement.
Directors Siedman recommended the analysis, and emphasized the need for the chosen analyst to closely examine the NPS condition that certain of the preliminary title exclusions and exceptions be eliminated before the close of escrow.   

Amoroso/Smith      all in favor       to hire a certified appraiser to complete an analysis with a written report on the NPS appraisal,  and to seek an opinion from County Counsel on  easement and fencing issues.  

Amoroso/McClellan        4 ayes, Bertsch opposed     to give the National Park Service permission to build a riparian fence on AP# 188-090-14, subject to BCPUD review of the design and subject to full indemnification of BCPUD.    
8.  Resolution 498, Amends Resolution 443 Establishing A Connection Charge For New Sewer Hookups; States Exceptions To The Sewer Moratorium Established By Resolution 259

The amendment would create an exception to the sewer connection moratorium to allow a hookup for a developed property within the boundaries of the sewer system if that property is now relying on a septic system for waste disposal.  The amended resolution would also allow an exception when the new connection serves the public interest in matters related to the health and safety of the community, and the connection has been approved by the California Regional Water Quality Control Board.

Amoroso/Siedman          all in favor         to approve Resolution 498.

9.  Local Agency Formation Commission (LAFCO):  election of LAFCO Special District  

Five candidates are running for 1 of 2 Special District seats on the Local Agency Formation Commission.  The seat was previously held by Judy Chapman.

Amoroso/McClellan         4 ayes, Smith abstaining        to vote for Einar Asbo, of Homestead    Valley Sanitary District.

10.    ACWA Joint Powers Insurance Authority Executive Committee:  nominations for May 3, 2004 election

There were no nominations.

11.  Mesa Park:  proposed agreement for  reimbursement of administrative expenses associated with processing payroll/taxes/workers comp for park maintenance employee

Under the agreement, BCPUD would handle all payroll-related tasks for the Mesa Park maintenance employee, and Mesa Park would reimburse BCPUD for direct payroll costs and administrative time.

Amoroso/McClellan        4 ayes, Siedman abstaining        to approve as amended.

12.    Other Business
a.  Committee Reports

     -- Downtown Parking and Traffic:  1/10 meeting report

The Board received a copy of the January 10 minutes.  Director Amoroso said he thought the work of the committee was going well.     Director Smith praised the work of the previous committee and said he would like to figure out why its proposal was voted down.  Amoroso cited three reasons:  the problem wasn’t bad enough; the plan’s enforcement procedures were not complete, and the plan called for excessive auxiliary parking. He noted that the current committee is aware of the need to overcome objections to the previous plan.

      -- Finance:  2nd Quarter Financial Report

The Board received the 2nd quarter financial report without comment.
      -- Personnel: 1/20 meeting report

The Personnel Committee reviewed a proposed job announcement,  job description and classified ad.  There were no objections to beginning the hiring process as soon as possible.

      -- Sewer:  Resource Recovery Project;  Community Paths Group

The Resource Recovery Project’s revenues are continuing to exceed expenses.  Waste Management, which uses the facility for both Stinson and Bolinas collections, is now current on its payments for green waste disposal.

Director Smith provided an update on the Community Paths Group.  The group’s consultant will study the suggested route in more detail and develop a proposal for a dirt path.  If the decision is to make a dirt path, it should be done so that it can be paved later on, if necessary.  That would require a minimum width to accommodate paving equipment.   Smith is discussing the entry way at Mesa and Olema-Bolinas Roads with Kevin McGowan at Marin DPW.  DPW may be willing to do work at the intersection tying the Phase One project into the proposed path on the BCPUD side of the  intersection.

Since Director Smith’s election in November, there are now three Board members in the Community Paths Group.  Director McClellan stated that if the group’s meetings are noticed as special BCPUD meetings, there should be no problem.  Director Amoroso argued that if it is a BCPUD meeting, only District Directors could vote, and if three or more of them vote the same way, there would be no point in bringing a given issue back to the full Board of Directors.  McClellan asserted that such a vote would only be to recommend something to the full Board so it doesn’t matter.  Amoroso agreed, with reservations.  He recommended creation of a rotation scheme for the 3 Board members to avoid problems, and he urged the Board to give notice that all committee decisions will be referred to the full Board for ratification.

Turning to the group’s work, McClellan lamented the fact that a consultant is ready to study the proposed routes even though the group has not made decisions necessary to move forward with the work.  He indicated there are going to be conflicts over priorities.  McClellan emphasized that the top priority should be the path’s grade, no greater than 3% to 5% if it is to be a dirt path.  That priority should be adhered to even if it means some eucalyptus trees must be removed.
Amoroso said he thought the committee had agreed to meet the standards of the Americans with Disabilities Act (ADA).  The ADA allows for up to 10% for short distances under certain circumstances.  Amoroso pointed out that going around trees would lengthen the path, thus tending to reduce the slope.  Amoroso expressed other concerns as well:  the money to remove trees is an issue; it is not definite that the group or the Board will opt for the dirt path.  He noted that one consultant has stated that the cost of paving is only 30% more than a dirt path, with much less maintenance.

McClellan asked that the full Board provide direction to the group if there is an irreconcilable conflict.  Director Siedman commented that perhaps the process should be similar to the Vegetation Management Project, where, in the absence of committee consensus, the Board was presented with two proposals.

b.  Minutes of December 17, 2003 Meeting

Siedman/McClellan          all in favor          to approve the December 17, 2003 minutes.

c.  Warrants

Siedman/Smith          all in favor             to approve the warrant list.

d.  Scheduling of Next Meeting(s)

February 18, 2004

13.  Adjournment:  11:07 p.m.