Bolinas Community Public Utility District
A Regular Meeting Of The Board
February 16, 2011 270 Elm Road, Bolinas
1. Call to Order.
Directors Amoroso, Bender, Kimball, Siedman and Smith
present; director Siedman presiding.
Staff reported that on February 15, 2011, the district
received an e-mail from the Association of California Water Agencies (“ACWA”)
asking member agencies to write letters to Congress opposing proposed federal
cuts to the Bureau of Reclamation’s Water Recycling and Reuse Program.
Staff inquired whether the Board wanted to add an urgency item to the agenda
to approve such a letter given that the e-mail request arrived too late for
inclusion on the regular agenda.
K. Bender/B. Kimball all in favor to
add Item 13(a) to the agenda to approve a letter to Congress opposing proposed
cuts to the Bureau of Reclamation’s Water Recycling and Reuse Program as
requested by ACWA.
3. Manager’s Report.
Staff reported that water consumption in the district climbed up slightly
during the most recent quarter, but only slightly over the prior year’s consumption,
which was a six-year low. The dry weather in January and early February
probably explains the bump up in consumption; the current storm system already
has resulted in over an inch of rain, which is welcome news after six dry
winter weeks. Forecasters are calling for another storm system to arrive
-- Update on the Terrace Avenue Bluff Stabilization Project
Staff said that a meeting was held at the Civic Center on January 25, 2011
to discuss the Terrace Avenue Bluff Stabilization Project. In attendance
were Drew Kennedy and Steve Sanders from Sanders & Associates Geostructural
Engineering (“SAGE”), David Kimball and Jennifer Blackman from the Bolinas
Working Group, Tom Lai (Director of Planning for Marin County), Bob Beaumont
(Assistant Director, Department of Public Works) and Liza Crosse (aide to
Supervisor Kinsey). The purpose of the meeting was to discuss a progress
report prepared by SAGE concerning the firm’s geologic evaluation of the
bluff below Surfer’s Overlook and agree upon next steps. In brief,
SAGE estimates that the remaining life of the roadway may be one to three
years if nothing is done to stabilize the top of bluff and the remaining
life of the seawall may be five to ten years, under normal weather conditions.
SAGE therefore suggests at this stage that a two-phase stabilization project
be considered, focusing on the top of the bluff first, followed by a full-height
bluff protection structure. Tom Lai said that the County likely would
be the permitting agency for the top-of-bluff project if the project proceeds
as a two-phase project and that his office has a “keen interest” in coordinating
closely with the Coastal Commission staff, particularly since the County’s
Local Coastal Plan (“LCP”) is currently being updated. It was agreed
that Tom will contact the Coastal Commission staff in San Francisco and request
a meeting to discuss SAGE’s progress report and the potential bluff stabilization
-- Update on Terrace Avenue Water Main Relocation Project
Staff directed the Board’s attention to an e-mail from the California Department
of Public Health requesting that the district send in a draft resolution
per the template included with the e-mail. This draft resolution is
needed paperwork to complete the district’s application for loan funding
to relocate the Terrace Avenue water main. The Board had no objection
to providing a draft resolution.
-- Update on Horseshoe Hill Road Water Main Extension Project
A preconstruction site meeting was held on February 7, 2011, attended by
representatives from Team Ghilotti, the Department of Public Works, the BCPUD
and the district’s outside engineers, Brelje & Race. All aspects
of the project were discussed, including a “cost savings proposal” submitted
by Team Ghilotti. This proposal involved a detour of traffic away from
the project site and onto Highway 1, so the County DPW said no. The
proposal also included using a rockwheel rather than a backhoe to trench
the line and then filling the trench with CDS rather than standard backfill,
both of which are acceptable to County DPW. Team Ghilotti has been
providing its submittals and, although there are still some final details
to work out, the district hopes to begin the project within the next 2-3
-- Update on the Project to Improve the Americans with Disabilities Act (“ADA”)
Accessibility of the BCPUD Building.
This project went out to bid on February 8, 2011. A mandatory site
meeting has been scheduled for March 9, 2011 and bids are due April 12, 2011.
Assuming acceptable bids are received from qualified bidders, staff would
like the Board to award the project at the April 20, 2011 Board meeting.
-- Update on Bolinas Fire Fuel Reduction Project
This project is a partnership between the district and the Conservation Corps
North Bay to perform manual fire fuel reduction activities to thin out the
understory and saplings in the eucalyptus grove on the BCPUD’s sewer pond
property. The district and CCNB have been awarded a $150,000 grant
from the California Fire Safe Council and the Bureau of Reclamation to perform
this work. CCNB has solicited proposals from three consulting firms
for the environmental assessment work, which will be performed this spring.
Max Korten has offered to attend the next BCPUD Board meeting to explain
the project and answer questions.
Staff reported that a dog belonging to the district’s tenants, who are raising
goats at the sewer pond property, has bitten two people. As a result,
staff has informed the tenants that their dogs cannot be present on the BCPUD
property at all. The tenants have proposed that they be allowed to
bring the dogs to the property, but only if the dogs are on leash at all
times and only if the dog who bit the two people is muzzled at all times.
Staff noted that the persons bitten do not object to this proposal.
After a brief discussion, the Board agreed to the tenants’ proposal, on the
condition that the leash is no more than 6 feet in length so that the dogs
are under sufficient control and subject to the understanding that if another
person is bitten by these dogs on BCPUD property, the dogs will be banned
from the property.
The Board reviewed correspondence sent and received since the last Board
meeting, including a Public Records Act request for compensation and benefits
data from the Bay Area News Group, a letter from the County DPW acknowledging
the BCPUD’s withdrawal from the Proposition 84 grant and revising the County’s
scope of work, and a letter from the Bolinas Rod & Board Club to the
County DPW concerning the movement of the seawall under Wharf Road and its
impact on the Clubhouse.
-- Drainage Project Manager’s Report.
The Board reviewed a written report submitted by Drainage
Project Manager Lewie Likover.
4. Community Expression.
Bob Cart said that he would like to comment on the Mesa
Park ballfield irrigation project; he said that his comments are not about
the CEQA update or project costs, but rather are general comments -- he asked
whether he should deliver his comments during Community Expression.
Director Siedman said his comments should be made during item 6 and that
when that item is called, the Board would be happy to discuss whatever topics
related to the ballfield irrigation project Mr. Cart would like to raise.
5. Request for Waiver of Annual Water and Sewer Charges
– 32 Wharf Road (APN 193-081-27 &28) (Mesa Park).
Director Siedman recused himself from discussing or voting on this agenda
item because he was on the Mesa Park Board of Directors at the time the charges
were incurred and he handed the gavel to director Amoroso.
Staff reported that charges for water and sewer service have accrued
at the downtown park property since the time Mesa Park acquired the property
two and one-half years ago. The property previously was owned by a
private owner who paid the annual water and sewer charges via his property
tax statement; however, Mesa Park is tax-exempt and therefore does
not receive a property tax statement. Staff realized approximately
six months ago that due to staff oversight, Mesa Park had not been separately
billed for the charges (as the district does with its tax-exempt customers)
and sent a bill for the accrued charges. Mesa Park subsequently requested
a waiver of the charges until such time as the downtown park is installed
and using the utility services.
Director Amoroso noted that the annual water and sewer charges generally
cover the district’s fixed operations and maintenance costs and account for
approximately two-thirds of the districts annual revenue. Director
Bender noted that the accrued charges of approximately $13,000 is equivalent
to almost half of Mesa Park’s annual budget; she said it seems fair to waive
the accrued charges under the circumstances. Director Kimball said
that she reviewed a list of all of the district’s tax-exempt customers, including
the Fire District, the Bolinas Community Land Trust, Marin County Parks &
Open Space district, etc. and all of these entities pay their annual water
and sewer charges. She noted that it was the district’s error not to
have sent a separate bill with the charges to Mesa Park after it acquired
the property, but a decision to waive annual charges would be unprecedented;
instead, she suggested the district agree to a generous repayment schedule.
Director Amoroso agreed that waiving annual charges in this case would set
a poor precedent and said the district would have to consider waiving annual
charges for other tax-exempt entities, if it does so here. Director
Smith proposed that since it was the district’s error not to have sent the
separate bill to Mesa Park for the annual charges after it acquired the property,
that the district should waive the charges for the past two years, but that
the current year’s charges should all be paid in full. He also suggested
that the district update its policies for reactivating suspended meters to
make it less expensive.
Geoff Geupel, president of the Mesa Park Board of Directors, reminded the
Board that Mesa Park is a purely local public agency, supported by Bolinas
residents only; in that sense, it is not the same as other tax-exempt entities
or non-profits in town that have a broader funding base. Discussion
ensued about waiving a portion of the accrued charges, all of the accrued
charges, or none of the accrued charges in light of the district’s inadvertent
failure to timely bill Mesa Park for the annual charges. Director Kimball
eventually moved that the district forgive one-half of the accrued charges
for the prior two years and agree to an extended repayment schedule of three
years, but require full payment now of the current year’s charges; director
Bender seconded the motion. Director Amoroso inquired whether this
means that the district now will accept responsibility for one-half of the
cost of future billing oversights. Director Bender said the discussion
is specific to tax-exempt entities only.
Director Amoroso said that he thinks the decision should be made in the form
of a resolution specifically stating that the district may waive one-half
the annual charges for water and/or sewer services where the customer is
a tax-exempt entity and BCPUD fails to bill for the annual charges for more
than one year. Director Kimball requested a vote on her motion, noting
that director Amoroso’s suggestion of a resolution is separate from her motion.
Director Smith said that director Amoroso is suggesting that a general resolution
be enacted instead of passing a motion specific to this bill to Mesa Park.
Director Amoroso affirmed this, noting that such a resolution would have
to be passed at the next meeting with proper notice on the Board agenda.
B. Kimball/D. Smith three in favor, Siedman abstaining,
Amoroso opposed to include an item on
the Board’s March agenda for the Board to enact a resolution along the lines
of director Kimball’s motion whereby the Board may waive one-half of the
annual charge for water and/or sewer services for tax-exempt entities where
the BCPUD has failed to bill the customer for at least one year.
Director Smith asked to also include an item on the March
agenda to modify existing district policy as to how meters are reactivated
6. Mesa Park Ballfield Irrigation Project – CEQA Update
and Related Project Costs
Director Siedman resumed the gavel and staff explained that this matter is
on the agenda to update the Board concerning the environmental review associated
with the Mesa Park ballfield irrigation project and related project costs.
Staff reminded the Board that in November 2009, the district on behalf of
Mesa Park wrote to the state Department of Parks and Recreation and said
it would like to amend the grant previously awarded to the district to eliminate
the reclamation plant in favor of using water from the irrigation well at
the Resource Recovery Center as the source water for the project. The
reason for the requested amendment was that Mesa Park determined it could
not afford the ongoing operations and maintenance costs of the reclamation
plant and this amendment would significantly reduce the overall project cost.
The state representative indicated that the amendment would require an updated
environmental review, as well as an updated budget and site plan. A
consulting hydro-geologist therefore was retained to evaluate the impacts,
if any, of operating the well to irrigate Mesa Park on the quantity or quality
of water at nearby wells. This evaluation was completed in late October
and the additional environmental review is nearly complete. Mesa Park
is preparing the updated budget and site plan for submission to the state
with the environmental update and a formal amendment application. In
addition, a meeting has been scheduled for the following week with County
planning representatives to determine whether a coastal permit is needed
for the project.
Bob Cart said that his family moved to Bolinas last summer; he lives at 40
Mesa Road and his home is served by a well shared with two other homes.
Mr. Cart expressed concern about the impact to that well of using the well
at Resource Recovery Center to irrigate Mesa Park and he requested a copy
of the consulting hydro-geologist well opinion. He said he spoke with
Scott Callow, well specialist at the County’s Environmental Health Service,
and he is concerned that the well at the Resource Recovery Center may be
drawing from the same aquifer as the well serving his property. Mr.
Cart said that he feels the community needs more agricultural land rather
than a massive lawn at Mesa Park (which he said is rarely if ever used),
the latter of which is not consistent with the Bolinas Community Plan.
He proposed that the well at the Resource Recovery Center not be used to
irrigate Mesa Park until every effort is made to figure out how to secure
sufficient resources to enable Mesa Park to reclaim water from the sewer
ponds to water the ballfields.
Director Smith said he appreciated Mr. Cart’s remarks and that he has thought
a great deal about Mesa Park over the years. He said that the fields
aren’t used precisely because they are not irrigated. The town very
much needs additional activities for kids, which is why the skatepark was
installed. Now, a new girls’ Little League has been formed and the
fields really need to be playable; at present, Bolinas cannot host games
because the fields are not in acceptable condition. Director Smith
says he feels it is a good idea to get the fields in shape, but unfortunately
it is very expensive to treat wastewater to reclaimed standards. There
are daily testing requirements and the electricity costs are huge; creating
reclaimed water therefore is not very “green”. Although he agrees that
no neighboring wells should be impacted, he does not expect that they will
be. Discussion ensued as to the potential source of water for the acquifer
supplying the Resource Recovery well, with no resolution.
Director Bender also expressed support for improving the ballfields and agreed
they are not currently in acceptable condition. She said that she and
director Siedman spent many years of effort to obtain the grant and their
own kids now are grown, so it won’t benefit them to improve the park, but
its an important community asset. Director Bender said that grant
funds like this are hard to come by and Mesa Park is fortunate the state
is indicating that the district will be allowed to amend the grant.
After further discussion, staff was directed to provide a copy of the consulting
hydro-geologist report to Mr. Cart. Mr. Cart said that he will be interested
to read it, particularly in light of discussions he has had with Scott Callow
about the geology of the area. He said that he agrees that all of the hard
work to get the grant to irrigate the fields should not be lost, but he would
like to determine if it could be possible to use the sewer pond water as
the source water. Director Siedman said that while it was possible
to secure a grant to build a reclamation plant, it is not possible to get
a grant to fund the operations and maintenance costs of running plant, which
would be at least $35,000 a year. He said that the ballfields
are very important not only to the kids in town, but also to the Latino community
as soccer is one of the few recreational opportunities in town – also, there
is an enthusiastic local soccer group and the cultural cross-pollination
of cultures has been really good for the community. Bob Cart said he
supports irrigating the fields, but not at the expense of a private water
supply. Jennie Pfeiffer noted that the soccer fields have been used since
1980 and there often are more than 25 people per side showing up to play
in pick-up games; also, there can be multiple uses of the park going on on
a given day, between soccer, baseball, the skatepark, and the playground.
She said that use of the park is important – not more important than someone’s
domestic water supply, but important nonetheless.
Director Amoroso said the consulting hydrogeologist report
concludes that the use of the irrigation well is not likely to impact the
neighboring wells, but that this report is based on an assumed amount of
water to be used by Mesa Park. Director Amoroso said that he thinks
it is fair for Mr. Cart to request that Mesa Park not use any more water
than the amount evaluated as unlikely to impact neighboring wells.
Director Siedman said that Mesa Park will address any concern of any possible
impact to neighboring wells and noted that the well will only be used for
six months of the year. Mr. Cart said that he was not hearing anything
to reassure him.
Turning to the topic of project costs, director Amoroso said that he attended
the most recent Mesa Park Board meeting and Mesa Park’s treasurer, Andy Blake,
said that Mesa Park does not intend to reimburse the BCPUD for costs advanced
on the irrigation project. Geoff Geupel said no, this is not the position
of the Mesa Park Board; rather, Mesa Park intends to ask the attorney
retained to prepare the updated environmental documents to reduce or defer
his fees until the grant funds are disbursed. Director Amoroso
said the BCPUD should be reimbursed for costs it advanced for the consulting
hydro-geologist report and the PG&E connection (to power the well), in
addition to the legal fees. Discussion ensued as to whether the BCPUD
should be repaid immediately, or after the grant funds are disbursed.
Director Amoroso pointed out that Mesa Park still owes the district over
$8,000 for past funds advanced.
Director Kimball proposed including an item on the March meeting agenda for
a full accounting of fees paid by the BCPUD on behalf of Mesa Park.
She also said that the BCPUD staff needs to have a designated point of contact
at Mesa Park and on the BCPUD Board – those points of contact must communicate
with their respective Board members and then report official decisions to
BCPUD staff; she said that staff should not be put in the middle of funding
disputes between the agencies. Director Kimball suggested that director
Bender is likely the best member of the BCPUD Board to serve in this role.
Bryan Lee said that he is willing to be the point of contact for the Mesa
Director Amoroso said that BCPUD staff has been doing a large volume of work
for the ballfield irrigation project and this is not appropriate; he said
that BCPUD staff should not be administering this project for Mesa Park.
Director Bender agreed and said that it might be possible to reimburse the
BCPUD for the time spent by BCPUD staff on the project from the grant funds.
Director Amoroso said that BCPUD staff should not do any further project
administration. Director Kimball agreed, subject to a necessary transition
period to attend the meeting with County planners and plan for turning over
tasks. Director Bender agreed to attend the meeting with staff.
Bryan Lee agreed that a transition should be agreed upon, as well as how
to handle upcoming project costs, such as probably coastal permit fees.
Director Bender and Bryan Lee agreed to meet and report back at the next
BCPUD Board meeting.
Director Siedman directed staff to include an item on the March agenda for
report on reimbursement of funds advanced to Mesa Park by the BCPUD.
Director Amoroso said he wants to discuss all funds that have been advanced
to Mesa Park by the BCPUD. Director Bender said she would like to have
a better understanding of when Mesa Park can repay the BCPUD.
Director Amoroso said he is going to leave the meeting. Director Siedman
stated that the record should reflect that director Amoroso is leaving the
meeting. Director Amoroso said he wanted the prior $8,000 advanced
to Mesa Park by the BCPUD on the agenda for the March meeting and he left
the meeting room.
7. Request for Financial Relief from Quarterly Water Bill
pursuant to BCPUD Resolution 553 – 96 Brighton Avenue (Evans).
Director Smith said that this request falls directly into the “blind leak”
category and that the leak was repaired as soon as it was discovered.
He recommended the Board grant full financial relief.
D. Smith/ B. Kimball four in favor; director Amoroso absent
to reduce the bill by the full amount attributable to the leak as determined
by the historical average use during the same billing quarter for the prior
8. Request for Financial Relief from Quarterly Water Bill
– 130 Juniper Road (Vallez).
Staff said that this request is not a leak relief request, but rather a request
to forgive a bill the customer does not believe is accurate during the quarter
ending May 31, 2010. Director Smith noted there was an earlier misread
of this customers bill several years ago which the billing record reflects
is corrected; however, the spike in water use recorded in the May 2010
quarter, however, does not appear to be a misread because the subsequent
quarters reflect continued use.
The customer’s claim that the meter is not working correctly does not seem
to be right given that the water use has returned to typical levels.
Director Kimball noted that this is a rental property and the owner has no
control over water use by the renters – she suggested that staff offer
to instruct the owner how to read the meter so that he can monitor renter
water use. Director Siedman said the burden is on the customer to prove
an error in the bill given that staff has doublechecked the reading and did
not find it to be an error. The Board directed staff to write a letter
to Mr. Vallez explaining that the Board does not find an error in the bill
(unlike the earlier quarter) and therefore no financial relief is appropriate,
and also offering to show Mr. Vallez how to read the meter.
9. Approve Lease Agreement for Farming Use of BCPUD Property
Staff summarized a proposal by Mickey and Don Murch to lease a portion of
the sewer pond property for agricultural and livestock purposes; the area
leased would be in addition to the space currently under cultivation by the
Resource Recovery Center. Director Bender said that she is concerned
about others potentially interested in farming this area and queried whether
the proposed leased area should be opened to other interested parties after
an initial term. Mickey Murch explained that it will take at least
three years of cover cropping to render the leased area suitable for productive
cultivation and as long as 10 years for the planned orchards. He plans
to dry farm the leased area and run some livestock on the upper pasture area;
he noted that there are additional areas potentially suitable for agriculture
on the property, but he selected the areas that work best for the type of
farming he wants to do. Director Bender said that people in the community
have asked why the BCPUD is leasing land to a for-profit farmer. Staff
noted that there are multiple benefits to the BCPUD and its customers from
tenants on the property (including the goat raising operation) in that non-native
vegetation is eliminated, as are potential camping spots; illegal camping
poses a significant health and safety problem at the property. Director
Kimball expressed support for the proposed lease agreement.
Mickey Murch emphasized that farming is a lifelong project for him and he’s
willing to make a long-term investment to improve this land; as for others
who may want to use the property for farming, he expressed strong support
for the public partaking in local food production. Director Smith suggested
that a term be added to the lease that if any portion of the leased land
is neglected for a year or more, the BCPUD could revisit whether to cancel
the remaining term of the lease. He also suggested that the lease specify
that no pesticides may be used on the BCPUD lands and that a provision be
added to say that the leased lands must be maintained in such a way to not
cause erosion or downstream siltation. Further discussion ensued as
to the rent and term of lease, which ultimately were set at $100 per year
for a five year term with a five-year renewal term. Staff said the
lease also must be subject to acceptable insurance certification.
B. Kimball/D. Smith 4 in favor; director Amoroso absent
to approve the lease agreement, subject to the revisions
proposed by director Smith, at a rental of $100 per year and a term of five
years, with a five-year renewal option.
10. Approve Revisions to BCPUD Resolution 553 re: the Criteria
for Financial Relief from Quarterly Water Bills.
This item was deferred to the next meeting in light of director Amoroso’s
11. Approve BCPUD Proposal to Withdraw as a Member of the
Tomales Bay Watershed Council.
Director Kimball moved that the district withdraw from the Tomales Bay Watershed
Council. Director Smith said that the reason the district was asked
to participate in the Council – the Proposition 50-funding Integrated Coastal
Watershed Management Plan – is complete and there is no longer any reason
for a BCPUD representative to attend the monthly meetings. Director
Bender seconded the motion.
B. Kimball/K. Bender 4 in favor; director Amoroso absent
to approve BCPUD’s withdrawal as a member of the Tomales
Bay Watershed Council.
12. Approve Revised District Procedures In the Event A
Customer Water Meter is Not Accessible.
Staff explained that the current procedure when a water meter is inaccessible
is for a notice to be included in the customer’s bill to alert them to take
action to render the meter accessible; however, this notice tends to
be overlooked and the Board at the last meeting suggested that staff send
an immediate letter notification and provide 15 days for the customer to
clear the meter. If the meter is not cleared, district staff will do
so and the customer will be charged on a time and materials basis.
The item is on the agenda tonight for formal approval by the Board.
K. Bender/D. Smith 4 in favor; director
Amoroso absent to approve the revised
procedure in the event a customer water meter is not accessible.
13. Election for Local Agency Formation Commission (“LAFCO”) Regular
Special District Representative.
K. Bender/B. Kimball 4 in favor; director
Amoroso absent to rank the candidates
as follows on the BCPUD ballot for the election of the LAFCO regular special
district representative: Dennis Rodoni, Craig Murray, Patrick Gauaco.
B. Kimball/D. Smith 4 in favor, director
Amoroso absent to rank the candidates
as follows on the BCPUD ballot for the election of the LAFCO alternate special
district representative: Greenfield, Miegs.
13a. Approve Letter to Congress Opposing Reductions in Funding for
the Bureau of Reclamation’s Water Recycling and Reuse Project .
D. Smith/K. Bender 4 in favor; director
Amoroso absent to send a letter to Congress
opposing reductions in funding for the Bureau of Reclamation’s Water Recycling
and Reuse Project.
14. Volunteer Committee Reports
-- Alternative Energy: Nothing to report.
-- Bolinas Lagoon Technical Advisory Committee: Nothing to report.
-- Downtown Parking & Traffic Committee: Nothing to report.
-- Resource Recovery: Nothing to report.
-- Terrace Avenue/Alternative Access Road Committee: Nothing further
-- West Nile Virus Task Force/West Marin Mosquito Control Coordinating Council:
Nothing to report
-- Community Path Improvement Project: Director Kimball reported
that she met with the County Department of Public Works road crew this morning
and they are scheduled to begin work on February 28th to grind out the gravel
median strip between Olema-Bolinas Road and the bike path and install dirt,
as well as sand where the pavers are to be installed. Matt Lewis has
volunteered 16 hours of his time to supervise the installation of the pavers
and David Kimball will be his back-up. Steve Wrenn has been hired as
a laborer and Warren Weber has donated the services of four of his laborers
to work on the project for two days. Director Kimball expressed her
gratitude to all volunteers and said the budget is looking good. Director
Kimball also was highly complimentary of the County DPW road crew.
15. Other Business
a. Board Committee Reports
-- Finance: Report on Draft Fiscal Year 2011-12 Budget.
Staff said the Finance Committee met on February 8, 2011 and has scheduled
an interim meeting for February 22, 2011 because additional work is needed
on the budget before it is presented to the Board. Director Kimball
said the Committee expects to propose an annual service charge increase for
water and sewer customers to meet revenue requirements.
-- Legal: Staff reported that director Amoroso requested
a legal opinion as to whether director Bender may remain on the Board given
her plan to rent an apartment during the week in San Francisco due to her
job. The opinion concludes that director Bender may remain on the Board
in accordance with applicable law. After a brief discussion, the Board
instructed staff that any request by a director for a legal opinion should
be subject to prior approved by the full Board.
-- Mesa Septic, Flood Control and Roads: Nothing to report.
-- Operations: Nothing to report.
-- Park and Recreation: Director Siedman reported that the Downtown
Park committee is now working with stonemason George Gonzales who has some
great ideas to reduce costs and the County permitting process is nearly complete.
-- Personnel: Staff reported that a negotiation session concerning
the existing Memorandum of Understanding has been scheduled between staff
and the Personnel Committee for February 25, 2011 at 9:00 a.m.
Staff also reported that operator Scotty Hanks successfully passed the wastewater
1 exam, which ordinarily entitles him to a pay raise when the exam results
are certified. However, due to state budget issues and the need for
Scotty to accumulate more hours at the plant, his results will not be certified
for approximately one year. Staff recommended that the pay raise take
effect now rather than retroactively when the exam results ultimately are
certified. The Board had no objection.
-- Sewer: Nothing to report.
b. Minutes of the January 19, 2011 Regular Meeting
Director Kimball requested that the word “volunteer” be added to her title
for the bike path work described in Item 9 of the minutes.
D. Smith/B. Kimball 3 in favor, director
Amoroso absent, director Bender abstaining to approve the
minutes, as amended.
B. Kimball/D. Smith 4 in favor; director Amoroso abstaining
to approve the warrants.
d. Scheduling of Next Meeting(s)
March 16, 2011 at 7:30 p.m.