Bolinas Community Public Utility District
A Regular Meeting Of The Board Of Directors
January 21, 2004 270 Elm
1. Call to Order: 7:33 p.m.
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.
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
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
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
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.
in favor to approve Resolution
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
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
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
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
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
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
in favor to approve
the December 17, 2003 minutes.
Siedman/Smith all in
to approve the warrant list.
d. Scheduling of Next Meeting(s)
February 18, 2004
13. Adjournment: 11:07 p.m.