MINUTES REGULAR MEETING OF THE MUIR BEACH COMMUNITY … · 2012. 12. 31. · MINUTES REGULAR...

MINUTES REGULAR MEETING OF THE MUIR BEACH COMMUNITY SERVICES

DISTRICT

JANUARY 16, 1991

Present: Jonathan Teague Chair; Gordon Bennett, Erin Pinto, Steven Shaffer, Judith Yamamoto.

1. Call to Order The meeting was called to order by J. Teague at 7:42 pm.

2. Approval of Agenda a) 4C changed to "Tax Status" b) 6A Add: "Highway 1" and "Peace Resolution" c) 6A "Oral Communications" should read "Announcements" d) 4E Add: "resignation of Chair" and "appoint new chair" c) S. Shaffer motioned to approve agenda as changed; J. Yamamoto seconds; ayes all.

3. Approval of November 21, 1990 Meeting Minutes a) S. Shaffer made motion to approve November 21 minutes; E. Pinto seconds; ayes all.

4. Action Items/Old Business A. Approval of Bills - G. Bennett reported that the County revised our budget format in December; he entered new figures but they did not appear in December runsheet. Hopefully the January runsheet will be correct. - After some discussion J. Yamamoto made the motion to approve the bills; S. Shaffer seconds; ayes all.

B. Budget Proposed County Utility Users Tax: No action required at this time; tax is on hold at County level.

C.Tax Status: 1. Discussion followed re: MBCSD employees and tax status. Decided to follow Eliopoulos (County Auditor) advice: Hazel and Regan would receive W-2 forms and everyone else 1099's.

D. Mailboxes: 1. Mail Thefts: J. Yamamoto urged anyone who has had mail stolen to call the Sheriff, and to write a letter to the Postmaster of Sausalito.

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2. Relocation of Green Box: Tink requested that the Green Box be relocated. After discussion J. Yamamoto agreed to talk with Kisha about relocating the key to the garage door of the firehouse, or to get a combination lock. Winklemann Row: Kisha agreed that it would be a good idea to move the nine boxes to the other side of the road. She will contact residents, notify us, and we will move boxes.

E. CSD Procedures: 1. Chair to vote: S. Shaffer made the motion for the Chair to have the option to vote in all situations. G. Bennett seconds; ayes all. 2. Resignation:J. Teague announced his resignation from the MBCSD due to the fact that he no longer resides in Muir Beach.

3. New Chair: J. Teague made the motion to appoint E. Pinto as Chair, S. Shaffer seconds. The first motion was retracted. S. Shaffer made the motion to appoint G. Bennett; J. Yamamoto seconds; ayes all. Judith was appointed to act as Chair pre-tem as Gordon was to be away for February. Hazel will put notices up on the bulletin boards in search of a new Board member

4. 1990 CSDA Seminar Recommendations: No discussion or action.

S. OK for Expenditures over $500: Postponed until next meeting.

6. Discussion/Action Timetable: Discussion followed re: the procedural rule for discussing items at one meeting and acting on them at the next meeting. Judith proposed changing this rule, citing that it is not always necessary to wait a month before acting on an item. a. J. Teague suggested that if the item were an emergency and not on the agenda, the Board could make a decision to act or not act on it. b. G. Bennett suggested the procedure that if an item were on the agenda and in the packet, action could be taken. c. S. Shaffer feels that the procedure as it stands is a good one and allows for community input. Feels that 72 hours is not enough time to think over issues. d. J. Yamamoto made the motion to eliminate the present procedure of discussing items at one CSD meeting and acting upon them at the next meeting; according to the wishes of the Board issues may be discussed and acted upon at the same meeting. The motion was not seconded; not passed. - A second motion was made by Judith: to eliminate the present procedure of discussing items at one CSD meeting and acting upon them at the next meeting; according to the wishes of the Board issues may be discussed and acted upon at the same meeting if included in the packet. G. Bennett seconds; Ayes: Yamamoto, Bennett, Pinto; Nayc: S. Shaffer; abstain:]. Teague.. The motion was passed.

7. Special District Workshop, March 1 -3, 1991. It was decided that Hazel would order the packet.

5. Reports: A. Muir Beach Volunteer Fire Department: 1. John Sward reported that the Fire Dept. is investigating hiring someone to write a grant proposal for a new firebam. 2. Working on a proposal for the West Mann meeting. Negotiating a Red Cross course; planning another EMT course for the Fall.

3. A matching grant from the Department of Forestry for $1000 was received. 4. J. Teague commended the MBVFD on the quality of training the volunteers are receiving.

B. Safety Committee/Insurance: Re: additional liability insurance: G. Bennett suggested that we don't need any more insurance.

C. Recycling/Waste Disposal: G. Bennett reported that after meeting with Richard Johnson of Shoreline Disposal, it was suggested that curbside recycling may not be possible because it is difficult for the truck to get down Sunset. A more definite answer is forthcoming. Meanwhile, the Recycling Center Continues to operate.

D. Water Manager 1. Water Shutoffs: Henry Hyde stated that he had nothing to report.

2. Request for rate abatement: After much discussion J. Yamamoto made the motion to research what the policy is in other communities when there is a water leak on the Customer side of the meter; S. Shaffer seconds; ayes all. - M. Oda request: S. Shaffer made the motion for Hazel to deduct the average monthly bill from the total, to take the difference and re-figure it at the $8/per 200 cubic ft rate and offer the opportunity for customer to pay off in 12 consecutive equal payments; G. Bennett seconds; ayes all.

3. Water rights: Henry Hyde reported on the 12/12/90 State Water Resources Control Board's letter [which asked the MBCSD for a workplan and schedule to comply with water rights application requirements, including answering protestants and preparing an EIR; and threatened to "initiate enforcement procedures to enjoin the District's diversion" if no reply was received within 30 days of date of letter.] underfiow of Redwood Creek is an unauthorized diversion. - Henry recommended hiring Harding Lawson Associates to determine the effect of our water diversion on Redwood Creek. - H. Hyde stated that MBCSD should not accept the DWR's conclusion that we are pumping water from the underflow [surface water, or groundwater under the influence of surface water] of Redwood Creek. Also we may have appropriative rights; we are still researching these. - After Henry expanded upon the points made in his draft to SWRCB/DWR, much discussion followed. It was agreed that the letter should state the understanding that MBCSD is looking for cooperation in the matter, and that we are interested in sharing the costs of incurred expenses, reports, etc. Henry agreed to work with the Water Committee (3. Teague, E. Pinto) in re-structuring the letter; noted that a response was needed soon.

4. Marketing Letter from Boyle Engineering Corp: No action taken.

5. Water Supply Evaluation: S. Shaffer made the motion to approve the $3,900 expenditure for Harding Lawson work and recommend that Judith write a letter to Giacommini in order to try to get reimbursed, but that authorization for the project is undertaken in any case; J. Yamamoto seconds; ayes all.

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E. Water Committee 1. E. Pinto requested that if there were no Board/legal obstacles to his doing so that Jonathan Teague remain on the Water Committee even though he would no longer be a Board member.

2. The accounting for the Special District Assistance grant was postponed to the February CSD Meeting.

F. Community Center Committee 1. Tree Cutting (Action Item): G. Bennett made the motion to release the budget funds of up to $2,000 for tree cutting; E. Pinto seconds, ayes all.

2. Marilyn Kriegel announced that due to people sleeping in the Community Center, it will be locked except between the hours of 9 - 6 and a phone number will be posted on the door as to where to get a key.

3. M. Kriegel announced that the CCC is working on getting a Block Grant for money to be used for insulation of the CC building. After some discussion re: priorities of work that needs to be done on the building(handrails, insulation, office, etc.) J. Yamamoto suggested that a matching grant for $4,600 be written which would include all work. - G. Bennett made the motion to release up to $1,500 [from Account #4048. Community Center Capital Improvements] for vertical blinds, windows and sliding glass doors, and that the proposal for the Mann County Community Block Funds will include that $1,500 and the additional $3,100 planned to be spent on office remodeling and other items [Account #4048, Community Center Capital Improvements]; S. Shaffer seconds, ayes all.

4. M. Kriegel disbursed copies of the CCC Charter, asking that revisions, questions, etc. be submitted before February 11. The Charter will be on the agenda for the next CSD meeting.

5. G. Bennett requested that notices for CCC meetings be posted on both upper and lower bulletin boards. Gordon also requested that the Status Reports include names of members present and how they vote.

G. Roads Committee I. Judith agreed to write County Counsel re: clarification on property owners rights vs. CSD rights on existing easements. 2. S. Shaffer agreed to write a letter to residents whose properties border easements asking them to remove obstructions, fences, etc. off CSD easements.

6. Other Business A. Oral Announcements 1. Highway One: G. Bennett reported as taken from an article in the IJ: Re: repair of slide area of Highway One - in compensation for Cal Trans dumping dirt into the ocean it was suggested that the State return Big Lagoon to its natural state. Gordon agreed to write a letter to California Coastal Commission for more information, and to support this idea.

B. Correspondence 1. Coastal Permit variance application by S. Dybsky and by J. Schick were received. No action taken.

C. California Fair Political Practices Commission Workshops Information: was disbursed to Board with recommendation that it be read.

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D. Peace Resolution: Much discussion re: the functions of the Board, proper representation of the community, etc. - J. Teague suggested that the issue of sanctuary be an agenda item for the next meeting. - J. Yamamoto made the motion for the resolution to be adopted: no seconds; not passed. - J. Yamamoto made a motion to call a special meeting to be held in 72 hours (Monday, Jan. 21, 7:30 pm); E. Pinto seconds; Ayes: Yamaxnoto, Pinto, Teague, Bennett; Nayc: S.Shaffer

E. The Board commended Jonathan Teague for doing a fine job as Chair.

7. Adjournment: The meeting was adjourned at 11:20 pm.

Respectfully Submitted,

j4v d i-e

Linda Moore, Recording Secretary Jonathan Teague, Chair

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Memo to: CSD Board From: Judith Yamamoto Date: 2/222/91 Re: Peace Resolution

The Special Meeting of the Muir Beach Community Services District called for January 21, 1991 was not held, due to lack of a quorum.

The twenty—seven Muir Beachers assembled for the meeting decided to call upon their neighbors to petition the Board to call a special session at its earliest convenience to discuss and vote upon the Peace Resolution. 115 people signed the petition.

Also, a separate Peace Petition with similar wording was created and passed around the community. This Community Peace Petition was sent to President Bush, Representative Boxer, and Senators Cranston and Seymour on February 21, 1991, with 118 signatures.

Following is the text of the MBCSD Board Peace Resolution, which will be on the agenda at the February 27, 1991 CSD meeting:

DRAFT RESOLUTION

Whereas, the Muir Beach Community Services District is greatly concerned for the safety of our sons and daughters and of the nation's Sons and daughters now serving in the armed forces of America, and for those who may join them in the future, and

Whereas, we believe that the use of force, with its accompanying human suffering and loss of life, has no place in a world order based on democratic ideals, and

Whereas, our most ardent hope is for peace in the world,

Therefore, be it resolved that we call upon our representatives in Washington, D.C. and the President of the United States to:

1. immediately negotiate a cease-fire in the Persian Gulf, and

2. support a peaceful resolution of the Mideast crisis.

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MINUTES REGULAR MEETING OF THE MUIR BEACH COMMUNITY SERVICES

DISTRICT

FEBRUARY 279 1991

Present: Judith Yamamoto, Chair Pro-Tern; Gordon Bennett, Erin Pinto, Steven Shaffer,

1. Call to Order The meeting was called to order by J. Yamamoto at 7:40 pm.

2. Approval of Agenda a) Add to 4A (1): Shall the CSD vote on the Peace Resolution? b) Add to 6: D. Discussion of Closed Session c) S. Shaffer motioned to approve agenda as changed; G. Bennett seconds; ayes all.

3. Approval of January 16, 1991 Meeting Minutes a) Add to 5. Reports/MBVFD: 2. "... for the West Mann meeting. CSD will review draft letter." b)Add to 5. ReportsIMBVFD: 3. "6. Bennett requested a copy of the confirmation letter." b) E. Pinto made motion to approve January 16 minutes; S. Shaffer seconds; ayes all.

4. Old Business A. (1) Shall the CSD vote on the Peace Resolution? - G. Bennett stated that he does not feel the Board should vote on the issue; that it sets a bad precedent. He feels it is not the responsibility of the Board, and that he was not appointed to deal with such issues. - E. Pinto stated that she feels this was a good opportunity for the CSD to represent the community. She feels that it is much more effective for people to be represented in a Community group rather than acting as individuals. - S. Shaffer stated that he does not want the proposal passed; he does not feel that if the resolution were passed that he would necessarily be representing the whole community. - J. Yamamoto stated that County Counsel said that it was legal to pass a resolution that was not within the Four Powers; that it is in an advisory capacity the resolution could be passed, but not enforced. Judith stated she is in favor of passing the resolution. - A vote followed asking if the CSD should vote on the Peace Resolution. Ayes: J. Yamamoto, E. Pinto. Nayes: G. Bennett, S. Shaffer. The proposal did not pass.

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B. Approval of the Bills 1. G. Bennett suggested having budget meetings with committee people in order to go over budget items. 2. After some discussion, S. Shaffer made the motion to approve the bills, E. Pinto seconds; ayes all.

C. Budget FormatI1991-92 Budget planning schedule/Procedure for OK of expenditures over $500. 1. G. Bennett agreed to add a new column ("current month") to the budget format. 2. J. Yamamoto suggested that the committees have their preliminary budgets by April 17. A special budget meeting was set for May I - 7:30 pm 3. It was decided to move "procedure for OK of expenditures over $500' to CSD Procedures.

D. highway One Repairs/Big Lagoon Restoration. 1. Judith thanked Gordon for his letter.

E. Mailboxes: Relocation of Green Box!Winklemann Row 1. After talking with Kisha it was decided that CSD would get a padlock for the green box (temporarily). The combination will be written on postal slips notifying people when packages have been placed in the green box. Judith will talk to Kisha about eventually moving the green box next to the regular blue mail box. It was decided that Steve would buy the combination lock and notify Kisha. 2. All Winklemann Row postal customers agreed to have their boxes moved. It was decided that Judith would coordinate the move with Henry Hyde and S. Shaffer. 3. Some discussion followed re: inventoring of boxes; moving some boxes to Charlotte's Way, etc. Robin Collier volunteered to research postal regulations for contract routes.

5. Reports A. Safety Committee/Insurance 1. Gordon asked that all safety reports include names of people attending and that all committees and the MBVFD include safety in their reports. 2. Gordon reported that the SDRMA will be doing a safety inspection within the year. One inspection per year is the SDRMA goal. 3. G. Bennett reported that the Hyman case is settled with payment of I-lyman's medical bulls and dismissal of Land Suit. 4. Gordon will fill out forms for renewal of insurance. 5. Gordon requested Regan McNeil's and Peter Rudnick's DMV information. 6. The Board thanked Gordon for all his work.

B. Recycling 1. Gordon suggested adding recycling to the powers of the MBCSD by placing it on the ballot, allowing the community to take a more active role in recycling, composting, garbage collecting, etc. 2. Henry Hyde reported that a county wide integrated waste management plan will be mandated by law by 1995. 3. Discussion followed re: using a chipper, how to charge, etc. It was decided that this issue would be an action item at the next meeting. Gordon will inform the county that this action is being considered.

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C. Community Center Committee: Charter/Block Grant 1. Block Grant: Gordon questioned where the office change was. Judith explained that the grant was for an energy-efficient project to encourage more use of the building and to make it warmer and lighter. After much discussion the Board echoed the CCC recommendation that there was not sufficient information/plans/discussion to determine what the precise needs for an office are. 2. Charter: S. Shaffer felt it was important that the Board approve new members. Marilyn Kriegel stated that it was assumed that anyone who wanted to be on the committee could be. It was approved by consensus to add to Committee Membership and Organization: ".... 7 voting members on the CCC are approved by the board." 3. It was suggested that the "Charter" be renamed "Operating Procedures." 4. Added to 5: f. members present Added to 6: and will note members present. 5. Much discussion followed re: the issue of CSD board members as serving in an advisory or non-voting capacity. G. Bennett feels he should be able to vote if he is a member of the CCC. J. Yamamoto is satisfied to act in advisory capacity, and not have a vote. S. Shaffer feels that it would be good to leave voting on committees as an option. - G. Bennett suggested that Betty Smith Harrison be asked to come to the CSD to facilitate/help the working relationship between the CCC and the Board. It was agreed by consensus that she be called; Gordon will call her.

D. Water Manager 1. MB Water Supply: Conservation - Re: Henry Hyde's draft letter to water customers re: conservation - he reported that water levels are normal and people should conserve their water use. It was agreed by consensus that the changes to his draft letter would be made, and then sent with the water bills. 2. OES Letter: Freeze Disaster Status: Henry reported that the available funds (from the Office of Energy Services) for the freeze damage are not applicable to MB homeowners. 3. Water Rights: Henry reported that in a telephone conversation with Scott Williams of the Division of Water Rights, Mr. Williams indicated he will look again into the issue of water treatment requirements and its impact on water classification.

- The reports from Harding Lawson had discrepancies in figures and calculations which Henry will look in to. - J. Yamamoto talked with G. Giacommini who will present the water diversion issue as an "emergency" measure at the March 5 Board Agenda, and will request funds for the lILA study. 4. Status Report: In a discussion of the unaccounted for water volume (21% of production), Henry reported that this is within reasonable bounds and is a combination of leaks, pipe flushing, inaccurate meters, fire dept. use, etc. The leak detection process is: when meters are read, Hazel informs customer if usage is abnormal. Water Manager responds to phone calls about leaks and is replacing old meters (30 so far). - Henry reported that he will get to North Mann Water District to get the old water meters tested. 5. The Board commended Henry on an excellent job.

E. Water Committee: Accounting for Special Assistance Grant: - It was clarified that the special assistance grant will go into she surcharge fund, and that a special account for funding the upper tank will be set up in next year's budget process.

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F. Roads Committee 1. S. Shaffer stated that he had nothing to report. 2. Judith reported that County Counsel suggested that CSD develop a roads policy, starting with its intention (to ensure the open aspect of roads and easements so as not to impair safety, access, views, the flow of water in drainage ditches, etc.). When the policy is formulated, County Counsel will review it. Judith will write a complete memo of her conversation with County Counsel and give it to Gordon (at his request) and to the Roads Committee.

G. Muir Beach Fire Department 1. J. Sward reported that they have not beard yet about the West Mann grant funds. 2. S. Shaffer made the motion to authorize the MBVFD to hire a consultant for $1,000.10 research a grant; G. Bennett seconds, ayes all.

6. Other Business A. CSD Procedures - It was decided that Judith and Gordon would meet to re-assemble the CSD Procedures for the next CSD meeting. - Judith stated that date (page 20) should be revised to read : 1/16191. - Re: page 22 of packet - the question arises of whether or not to include correspondence in with the packet. (If the Beachcomber is to be published, perhaps that is a more appropriate venue.) No action taken.

B. Correspondence: GGNRA Draft Management I. GONRA requested written response by March 15. The Board decided the draft was too large to be copied; the one draft will be passed around to board members - Erin first.

C. Announcements 1. G. Bennett announced that it was important for each Board member to fill out the forms re: conflict of interest, He has not received an answer from County Counsel as to how to do it. 2. S. Shaffer announced that at the next meeting he would like to discuss the possibility of a limit of 2 consecutive terms for board members.

D. Discussion of Closed Session - It was decided to have a closed session to discuss the vacancy of the fifth Board member. - Due to lack of clarity re: appointing procedure, it was decided to hold a special meeting to appoint candidates on March 12 at 7:00 pm. G. Bennett will check procedure with County Counsel.

7. Adjournment: The meeting was adjourned at 12:45 am.

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Linda Moore, Recording Secretary Judith Yamamoto, Chair Pro-Tern

MINUTES SPECIAL MEETING OF THE MuIR BEACH COMMUNITY

SERVICES DISTRICT

MARCH 12, 1991

Present: Gordon Bennett, Chair Fri-n Pinto, Steven Shaffer, Judith Yamamoto. One vacancy.

1. Can to Order The meeting was called to order by G. Bennett at 7:00 pm.

2. Agenda: Appointing of new Muir Beach Commnunity ServicesDistrict Board Member: Candidates present: Robin Collier, Michael Fletcher, Connie Schmotzer. I. Gordon stated that in response to his letter to County Counsel re: the procedure for filling vacancies on the Board, County Counsel said that the appointee serves until the end of the term of the director he/she is replacing. This means that the director appointed to fill the current vacancy will serve until November 1994.

2. Re: possible conflict of interest re: sister-in law (Eiin Pinto) voting for candidate (Robin Coffier). County Counsel advised that Erin not vote on Robin's candidacy.

3. Gordon reported that according to state law three positive votes are required to appoint a new member, a majority of directors is needed.

4. Gordon stated that according to County Counsel and the Brown Act, new board members must be appointed in public meetings, not closed sessions.

5. Gordon thanked the three candidates who were offering their services.

6. Each of the candidate introduced themselves, gave a statement of why they are interested in serving on the CSD Board and then answered questions on issues re: water, voting upon issues outside the four powers, etc.

7. After much discussion re: the options of appointingtelecting a new board member, Gordon called for a vote. The process for appointing was decided upon: the candidates were ranked (straw poll) to determine the order of voting.

8. S. Shaffer made the motion to appoint Connie Schoomtzer as the new CSD board member. G. Bennett seconds. Ayes: S. Shaffer, G. Bennett. Abstain: J. Ytimamoto, E. Pinto.

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9. J. Yamamoto made the motion to appoint Robin Collier as the new CSD board member. G. Bennett seconds. Ayes: J. Yamamoto. Abstain: S. Shaffer, G. Bennett, E. Pinto. 10. S. Shaffer made the motion to appoint Mike Fletcher as the new CSD board member. G. Bennett seconds. Ayes: S. Shaffer. Abstain: J. Yamamoto, G. Bennett, E. Pinto.

11. The vote was deadlocked. Gordon stated that if other applications were to come forth they will be considered for the position. He stated that he would write County Counsel, asking what the further options are: can there be a special election or some kind of advisory vote before the next regular election which will be held in November 1994.



Jt4MfrL) Linda Moore, Recording Secretary Gordon Bennett, Chair

MINUTES REGULAR MEETING OF THE Muu BEACH

COMMUNITY SERVICES DISTRICT

MARCH 209 1991

Present: Gordon Bennett, Chair; Erin Pinto, Steven Shaffer, Judith Yamamoto. One vacancy.

1. Call to Order The meeting was called to order by G. Bennett at 7:40 pm.

2. Approval of Agenda a) Add to (8) Community Center Report: CM Charter as Action Item b) S. Shaffer made motion to approve the agenda as corrected; Judith seconds; ayes all.

3. Approval of Prior Meeting Minutes A. February 27, 1991 Minutes a) Correct pg. 4 item E #1, last line should read: "....Steve would instruct Regan to buy the combination lock" c) Delete: Page 4, B. Recycling #2: "...by 1995." d) Add: Page 4, B. Recycling #3: "..inform the county Fire Department that this action...', e) Add: Page 5, C #5 to last line: It was also agreed that $600 budget item (1080) for administration of Community Center be used for mediation services. f) Add to page 5, C#2: "#1. ...7 voting members on... g) Add to page 5, C#4: "Added to Committee Meeting Procedures #5.? h) Add to page 5, C#4: "Added to #6:..." i) Add to page 5, D Water Manager #3: "...a: the March 5 Board of Supervisors Agenda, and will..." j) Add to page 5, B. Water Manager: 6. Henry Hyde stated that AB3158 (ftling fees collected by Fish and Game) would only affect us if we were a lead agency and if we were to prepare an EIR. k) Add to page 6,6. Other Business, A. CSD Procedures: "..(page 20 of the board packet) should be revised..." I) E. Pinto made motion to approve February 27 minutes as amended; S. Shaffer seconds; ayes all.

B. March 12, 1991 Special Meeting Minutes: 1) Gordon explained that the minutes were not available because of a time restraint for the Recording Secretary. They will be available for the next board packet..

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4. Approval of Bills I) S. Shaffer stated that he will talk to Regan reminding him to get Board approval for extra hire. 2) After some discussion E. Pinto made the motion to approve the bills; S. Shaffer seconds; ayes all.

S. Approval of Year to Date Budget Summary and Department Detail: 1) Gordon stated that it was not possible to resolve questions re: budget until committees had met with Hazel and himself. Meetings were set for Friday morning, March 22. -3. Yamamoto made the motion to approve the format; E. Pinto seconds; ayes all. 2) Accounting for Special Assistance Grant: Gordon stated that the CSD should continue to deposit these funds in the surcharge account when Measure M was passed [in 19821 the Board made no changes in Assessors' parcels listing for anyone, including the Zen Center. It was decided to continue this policy with Measure E and Gordon rescinded his memo (page 19 of 3120/91 Board Packet) 3) Implementation of Special Tax: After Robin Corner clarified the negotiations made between Zen Center and Board, it was decided that no further action was necessary, and Gordon's memo (page 19) would be rescinded.

6. Recycling Report: 1) Gordon stated that the chipper was arriving on Monday, March 25. - G. Bennett asked for authorization to spend up to $800 for the chipper to come on one day; if that day was rainy, it would come on the next clear day within that week; if not all the brush on the road gets chipped, Gordon win ask him to come back another day; if he has time left after getting brush from people's houses, he will be instructed to go to the Pump House to chip piles of brush there. - Gordon stated that the money will be taken from Roads & Easements budget line item #2741. - J. Yamamoto made the motion to authorize the Board to spend up to $800 for the chipper. S. Shaffer seconds, ayes all. 2) Judith commended the Mann Conservation Corps for doing a wonderful job with the Recycling Center 3) Recycling Survey: Postponed until the next meeting. 4). Gordon reported he has received no answer from County Counsel re: adding recycling to CSD powers.

7. Water Department Report 1) Henry Hyde reported that unaccounted for water volume is 27% of production this month. 2) Henry announced that CalTrans approved the encroachment permit for Highway 1 :Henry will get bids for Muir Woods Rd./Highway 1 interconnection project. 3) Re: water rights - Henry stated that he will send a summary of water classification reports and data to Division of Water Rights. 4)Re: results of well water test- Henry stated that the well is free of algae, giardia, etc. 5) Re: changing water hydrant at end of Charlotte Way. After some discussion it was decided that the Water Committee would develop a system-wide recommendation for improving/moving hydrants. 6) Water Service Connection Policy and Water Service Policy and Procedures: Gordon stated that before further discussion he wanted Hazel and Henry to look at.the first drafts.

7) Gordon asked to be appointed to the Water Committee. Judith Yamamoto made the motion to appoint Gordon Bennett to the Water Committee; S. Shaffer seconds; ayes all.

8. Community Center Report 1) It was clarified that discussion re:the Charter will be put on hold until the meeting with Betty Smith-Harrison. A date of April 25 was set; but Gordon will find out if a weekend is possible. It was agreed that both the CSD Board and the CCC are interested in formulating a plan on how best to work together. 2)Discussion followed re:which Box Number to use for CSD Board related correspondence (Box 221 CSD mail vs. Box 207 CCC mail). G. Bennett asked that personal home addresses not be used. 3) By consensus Harvey Pearlman was thanked for the silver wn he gave to the CCC. 4) E. Pinto made the motion to release the CCC Walkathon funds and move them to Account #2380 to be used for Children's Programs. J. Yamamoto seconds; ayes all. 5) Health and Safety: Re: communication procedures, it was clarified that the CCC will inform Steve Shaffer when something needs to be done and he then will schedule Regan's time. CCC will write name of person responsible for each task next to the task. 6) Discussion followed re: Muir Beach Community Center Rules and Regulations - #7, smoking confined to fireplace hearth only:. It was decided that the issue would be given to the CCC for discussion and recommendations.

9. Roads & Easements Report S. Shaffer stated that there was nothing to report

10. Fire Dept. Report 1) John-John Sward announced that MBVFD is now tapped into the county training program and that training videos are available to MB. 2) J. Sward stated that drilling will be done by county standards. 3) John-John announced that the next meeting for the BBQ will be a breakfast meeting open to the community on March 24 from 9 am - il am. 4) J. Yamamoto made the motion to adopt the resolution to get $1,000 from the Department of Forestry and Fire Protection for fire gear.Ayes: unanimous. 5) The MBVFD is asking for matching funds ($1,000) from West Marin funds.

11. C & A Procedures Report 1) A meeting was scheduled for April 3, 700 pm-to discuss the the issues of

adding a office/conference room to the Community Center 2) Accounting meetings between G. Bennett and staff were re-scheduled for March 22. 3) County Counsel indicated that all her correspondence with CSD Board

should be confidential pending Board deliberation. S. Shaffer made the motion that the letters from 2/28,315,317 and 3/12 from County Counsel be made public and put in the next board packet for the following month. J. Yamamoto seconds; all in favor. 4) It was agreed that compensation for mileage for Recording Secretary would be considered for next year's budget [FY 1991-92]. 5) It was agreed by consensus that a temporary Recording Secretary would be hired while L. Moore is out of town for AprWMayatthe same rate of pay ($1 2/hr.) 6) It was decided that Hazel would Correct the minutes at each meeting during

"approval of prior minutes" and give them to the the Chairperson to sign rather than having the Recording Secretary make the changes.

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7) Discussion followed re: proposal to create new position of File Clerk, or add the job duties to either Hazel's or Linda's jobs. 8) CSD Procedures was discussed and the following changes/additions were

a. Page 45, #1, 13: Add: "...concerns or correspondence, etc. makes public and/or offers. . ."

b. Re: Page 45, Note iii: Expand to include - the Board may decide by majority vote to move hem 13 [Community Interest Reports] to an earlier point on the agenda.

c Page 45, #2 c. should read: "Current Month Bill-to-be-Approved." d. Page 45, Note ii: Add - "The final draft of resolution passed at one

meeting shall be included in the following month's Board Packet" e. Page 46, #4 f. Add - "...Committee Chair, Department Head or Board

Member." L Page 46, #4 g, h, j, k: should read "Stall author" instead of

"Department author." g. Page 46, #4 i: Should read: "Signed residents letters: Committee..." Ii. Page 46, #5: last line should read: S ... a cost of $65 per hour." i. Page 47, #3: Add - "...voting members and may recommend or set

policies." j. Page 47, #1: change '...5 days in advance." to "..Agenda posted in

time for Saturday mail prior to date of meeting." k. Page 47, #1: change "...agenda posted 72 hours in advance." to "...a

minimum of 24 hours an advance." L Page 48, #2: The first three lines will be put on hold until further

discussion. The last line is agreed upon. m. Page 49, #1,412, #3: 'Department" should be changed to read

"Division" to coincide with county runsheet. n. Page 49, #3: Delete "For example, assume ....the priorities will be

forgotten." o. Page 50, #10: change "Bills to be Paid" to "Bills to be Approved."

Delete from last line: "and associated invoice copies." p. Page 50, 415: add - "...an expense a. in excess of $3,000, or b. any

expense expected to be more than its budgeted amount." q. Page 50, #7: After much discussion it was decided to put this item on

hold until further discussion. S. Shaffer will draft sentence re: board flexibility.

r. S. Shaffer made the motion to approve the procedure with the changes to be held out [Page 48, #2, first three sentences; Page 50 #71 and move on those items next meeting. J. Yamamoto seconds; ayes all.

12. Safety/Insurance Report G. Bennett stated that there was nothing to report

13. Community Interest Reports: A. Mailboxes: 1. Officer King of the Mann Co. Sheriff Department was present to report on the recent mailbox thefts. He suggested the best solution for preventing thefts was to have locks on the boxes. He also suggested that customers expecting new checks pick them at the bank instead of having them mailed out. He asked that residents noticing anyone suspicious to report them to the police.He left literature for residents to read. 2. Kisha's preference is to move the Green Box to the Community Center; she Ekes the padlock on the Green Box okays moving it next to the Blue Box. She requested that relocation of Winldemann Row be put on hold Both items were put on hold. B. Dog Alert: Judith reported that she posted the Dog Alert notice after a resident's complaint and consultation with Nancy Knox of the Dog Committee.

10

C. Big Lagoon: G. Bennett stated that no answer has been received to his letter to Coastal Commission

14. Announcements A. Recycling Survey Results: postponed until next meeting

B. Term Limit: Postponed until next meeting.

C. Re: Payment for Leaks on customer's side of meter: Judith will get policies from other districts and give them to the Water Committee.

15. Adjourn: The meeting was adjourned at 12:15am


Linda Moore, Recording secretary Gordon Bennett, Chair

11

MINUTES

REGULAR MEETING OF THE MUIR BEACH


APRIL 24, 1991

Present: Gordon Bennett, Chair; Erin Pinto, Steve Shaffer, Judith Yamamoto, one vacancy.

1. Call to Order

The meeting was called to order by G. Bennett at 7:15 p.m.

2. Approval of Agenda

a) Add Page 99 (the Roads Report) to the agenda.

b) S. Shaffer made motion to approve the agenda with the addition of Page 99; J. Yamamoto seconds; ayes all.

3. Approval of Prior Meeting Minutes

A. March 12, 1991 Special Meeting Minutes

S. Shaffer made motion to approve the minutes as they are written; J. Yamamoto seconds; ayes all. -

B. March 20, 1991 Minutes

1) G. Bennett noted that there were no corrections to the minutes; however, he would like Linda Moore to standardize the format when making corrections to previous minutes (i.e., italicized vs. non-italicized).

2) S. Shaffer made motion to approve the minutes; J. Yamamoto seconds; ayes all.

4. Approval of Current Bills

S. Shaffer made motion to approve the bills as submitted; J. Yamamoto seconds, ayes all.

5. Approval of Year to Date Budget Summary and Department Detail

a) The possibility of a part-time General Manager will be discussed at the next budget meeting (5/1/91).

b) Discussion re: the need to approve the Budget Summary. Opposing views: too much information, not very relevant.

6.

Favoring views: gives Board opportunity to correct classification errors, keep informed on status/time line of yearly expenses. It was agreed to continue to approve the Budget Summary at each regular meeting.

c) J. Sward had a question regarding the Fire Department's West Mann funds $8000 - report shows 5,968 on income. The Fire Department has not been paid the total amount. G. Bennett stated that he collected all of the invoices, except for one that he had not been aware of. As soon as he gathers information on this invoice, he will submit it for payment.

d) S. Shaffer made motion to approve Year to Date Budget Summary and Department Detail as submitted; J. Yamamoto seconds; ayes all.

Water Department Report

a) S. Shaffer stated that Henry was out of town and would not be attending the meeting.

b) Discussion re: proposed change to hi-monthly billing because it is more economical. Concern expressed about timely discovery of water leaks.

C) Request from Gunvor Nelson that she be allowed to pay off her water leak bill in the same way as N. Oda. Due to absence of Manager H. Hyde and Dist. Sec. Hazel Melo, request will be considered at next regular meeting - (5/29/91).

d) 4/18/91 letter to G. Giacomini is the final version. He has indicated that he will request an emergency grant of $7100 from Tom Campanella.

e) Discussion followed re: hi-monthly billing and adding a rate category to the water bill. This will be discussed further and voted on at the 5/1/91 public hearing. The current five rate categories (in cubic feet) are: 0-200, 200-500, 500-1000, 1000-2000, and 2000+. A rate category will be added by splitting the 1000-2000 category into two categories. At 1000-1500 cubic feet, the rates will stay the same; at 1500-2000 cubic feet, the rates will go up $1.00 per 100 cubic feet. Those in this range, who now pay $4.00 per 100 cubic feet will pay $5.00 per 100 cubic feet. The cost for those who use over 2000 cubic feet will be increased from $5.00 to $6.00 per 100 cubic feet. G. Bennett noted that this will probably only affect 12 people, who may be able to reduce their water usage through conservation measures. The basic logic of the current system, which is based on the number of metered gallons rather than the number of people in a household, will not be changed.

5

7.

S.

- S. Shaffer made motion to set the date for the public hearing (for the water rate increase) and budget meeting on Wednesday, May 1, 1991, at 7:00 p.m.; J. Yamamoto seconds; ayes all.

Community Center Report

a) S. Shaffer asked about the status of the office addition. J. Yamamoto stated that the next step is to send the parents a letter asking what they think about "Plan C" (moving the copier into the Children's Room). Discussion followed re: the location of the office. "Plan All locates it in the mezzanine; "Plan B" locates it in the present copier room, without moving the copier out. The Community Center Committee will continue discussion at their next regular meeting.

b) G. Bennett noted that in last month's minutes the No Smoking Policy was referred back to the Committee for a recommendation. K. Sward stated that this item, as well as several other agenda items, was displaced by discussion of the Betty Harrison Smith workshop. It will be addressed at the next CCC meeting.

c) J. Yamamoto stated her regret at the resignation of Marilyn Kriegel. K. Sward and G. Bennett also regret the resignation.

Roads & Easement Report

a) S. Shaffer noted that the easements are now numbered and he is in the process of formulating a. roads .& easements policy which will include this information. The numbering system is strictly for Regan and himself to more easily identify the easements. Discussion followed re: naming, mapping and signing the easements. G. Bennett suggested that the Roads Committee call a public hearing to discuss whether the easements should be just mapped, mapped and named, or mapped, named and signed.

b) S. Shaffer noted that Regan replaced the light switches to the Community Center. They may need a better enclosure/shelter.

c) J. Yamamoto stated that Gunvor Nelson wants the Board to know about the big tree across Sunset Way from her house that should be cut down. S. Shaffer discussed the options on how to handle the situation depending on whose property and/or easement it falls. S. Shaffer's deadline on the Muir Beach roads and easements policy is June 1, 1991; a draft will be prepared and submitted to the Board for revision/approval.

6

d) J. Yamamoto stated that Gunvor Nelson also notified her that there is a leak on the easement between sunset Way and Cove Lane and that ditches need to be cleared on Sunset Way above the leak. S. Shaffer stated that there is twice-a-year ditch maintenance. There has been one done already this year, and they are waiting for the rain to stop to do the second; and then another one will be done before the rainy season starts again. He also stated that the leak is a Water Department matter. G. Bennett and S. Shaffer stated that these items should be submitted in the form of a letter and/or placed in the packet for more expedient review at the Board meeting.

e) R. Collier asked what the permanent drainage solutions are on Charlotte's Way. S. Shaffer will arrange a meeting with R. McNeil, R. Collier, and L. Yamamoto.

1) S. Shaffer will get rebars pounded in on Sunset-Pacific easement.

g) Non-skid strips placed on all easement steps. S. Shaffer will take care of this.

9. Fire Department Report

a) Re: Workman's Compensation Policy. It was noted that this is already in effect; the CSD pays the coverage and is reimbursed by the County. S. Shaffer made the motion to ratify G. Bennett's earlier change in the MBVFD'S insurance coverage for Workmen's Compensation; J. Yamamoto seconds; ayes all.

b) J. Sward stated that the final figures for West Mann funds are not yet in; we may get less money next year as a result of this year's negotiations.

C) Re: $2000 donation from movie makers. The MBVFD offered to keep $1000 of the $2000 donation, and give the other $1000 to the CSD with the understanding that it would be reflected in the CSD budget as a donation to the !IBVFD. Current MBVflD expenses include an extra $800 maintenance bill on the fire truck, and a 24' ladder ($1000). Discussion continued to the 5/1/91 special budget meeting.

ci) J. Sward discussed the training program; will gather information for further discussion.

e) G. Bennett asked about smog checks for the fire trucks. J. Sward stated that is being worked on and is part of the truck registration.

f) J. Sward announced Leslie's resignation as Treasurer. A new Treasurer will be selected within a month.

7

10. G & A/Procedures Report

a) Action Item #1 - Election Resolution: G. Bennett stated that since the Board had been deadlocked in its effort to appoint a fifth Board member, the 11/5/91 CSD election will have 3 openings.

- S. Shaffer made motion that the Board fill out and submit the election form to the Registrar of Voters prior to the May 10, 1991 deadline for the November 5, 1991, election date; ayes all. (Resolution t910424)

b) Action Item 112 - Attend Finance Seminar: G. Bennett feels that the Board should not attend the seminar. S. Shaffer noted the fee of $425. It was unanimous not to take any action on this; ayes all.

c) Action Item #3 - Approval of "CSD Procedures" Changes: G. Bennett stated that all changes made at the 3/20/91 CSD meeting were incorporated in this revised version. TWO items were not approved. 1. Records/FilesfMail, 412 (Mailbox correspondence). The Community Center Committee was not able to address this issue; action postponed until 5/29/91 CSD meeting. 2. Budget/Income/Expense/Petty Cash, 117 (Grants, fundraisers and donations). Discussion of wording followed. G. Bennett clarified that while fundraising and grantwritjng can only be for budgeted projects, new projects can be added to the budget at any time.

- J. Yamamoto made motion to leave 117 as written, S. Shaffer seconds; ayes all.

d) Action Item #4 - Conflict of Interest Policy: G. Bennett stated that the Board needs to review and approve the sample Code submitted by Counsel, and send it back to the County: the County Board of Supervisors then enacts the Code.

- S. Shaffer made motion to approve the Conflict of Interest Code as suggested by County Counsel (4/28/91); Yamamoto seconds; ayes all.

e) Re: Special budgetary action with 4/5 Board vote: G. Bennett stated that the County Supervisors may change budget allocations only with a 4/5 vote of the Board. We may include this rule in our procedures, but there is nothing to prevent its being reversed by a simple majority vote. S. Shaffer stated that it provides a 30-day safeguard for changes. No action was taken.

f) Special Event Liability insurance has been acquired.

11. Safety/Insurance Report

a) Re: Community Center Committee Health & Safety Report:

S. Shaffer will coordinate implementation of County Fire Department requirements with Assistant Manager Regan McNeil.

b) G. Bennett met with the Insurance Services Officers. They pointed out that the Fire Department's equipment was basically in good shape. There are a few pieces of equipment that should be purchased and if this is done, the Fire Department can officially qualify for at least Fire Protection Code Class *9. This would be a higher level of coverage and means that homeowners may get a discount in their insurance policies.

12. Recycling Report

Re: Beachcomber article about recycling: After some discussion, J. Yamamoto said she will follow up with getting a recycling article into the Beachcomber as part of the Community Center Committee's "Residents' Handbook" series.

13. Community Interest Reports

a) Re: Press Releases in the Mann Independent Journal: G. Bennett stated that he asked the Mann Independent Journal why Muir Beach information never shows up in the "Across Mann" section. He discovered that a press release from the Board has to be sent to them 2 weeks prior to the Board meeting. it was agreed that it was a good idea to place certain items in the Mann IJ, such as the public hearings.

b) Re: Big Lagoon/Muir Beach Parking Lot: G. Bennett stated that he made a follow-up call to the Coastal Commission re: the future status of the Muir Beach parking lot. He spoke with Gary Giacornini, our supervisor, who informed him that nothing was being done at this time; they will keep us informed.

C) Re: Mailbox Thefts: G. Bennett stated that the Sheriff caught the Mailbox thieves, and it appears as though the thefts have stopped.

d) Re: Term Limits: S. Shaffer stated that he was going to drop the Term Limits discussions because of the lack of support from the rest of the Board.

e) Re: June and July Board Meeting Dates: S. Shaffer stated that he would like the Board to move the June and July meetings back to the third Wednesday of the month as originally scheduled; he will not be able to attend otherwise. J. Yamamoto stated that the Community Center Committee had requested that the Board pick one date and stick to it without exceptions.

- J. Yamamoto made motion for the June and July Board meetings to be held on Wednesday, June 26, 1991, and

ze

Wednesday, July 17, 1991, at 7:00 p.m.; S. Shaffer seconds; ayes all.

f) Re: Seating at Board Meeting: S. Shaffer suggested that the audience not sit at the table, so that those in back can be seen by Board members.

g) Re: Highway 1 Coastal Permit: J. Yamamoto received a report of the minutes on the February 14, 1991, meeting of the Cal Trans Department, regarding the Highway 1 Coastal Permit. The minutes will be included in the packet for discussion at the 5/29/91 Board meeting.

h) Re: Mann Muni & Inverness: J. Yamamoto stated that she received Mann Muni and Inverness PUD water leak policies. She gave them to G. Bennett for the Water Committee to review prior to the 5/1/91 Public Bearing. It was decided they will be included in the Board packet for that meeting.

i) Re: Social Security for Employees: G. Bennett stated that he received a report that states that the Board has to pay social security for all employees; expenses are up 7.5%. The report will be included in the packet for discussion at the next budget meeting.

j) Re: Mailbox Location: J. Yamamoto discussed Kisha's concerns about the location of the green box, and possibly moving it near the blue box. The Board discussed possible locations/solutions to the problem. It was agreed that S. Shaffer would discuss the situation with Tirik to see what can be resolved.

14. Announcements

a) Ellen Metler stated that she attended an Emergency Services Exposition at the Mann Civic Center, and she would like to put together an Emergency Plan in the Community. The plan would include a list informing people who in the district does what pertaining to safety. It was suggested that Ellen coordinate with the people who did previous work on an Emergency Plan approximately 4 years ago. J. Yamamoto will provide Ellen with the file containing this information. G. Bennett stated that there was an emergency supply in the storeroom. 3. Sward stated that the Novato Fire Department surveyed the Muir Beach Fire Department on what equipment was available and that the Fire Department's equipment is listed in the Mann County Emergency Services packet.

- S. Shaffer made motion to appoint Ellen Metier as the Emergency Plan Developer; J. Yamamoto seconds; ayes all.

b) J. Sward announced that the BBQ will be on Sunday, May 26, 1991, and he encourages people to purchase raffle

10

tickets. The budget is low and more funds are needed. Donations and Community help are welcomed.

15. Adjournment

The meeting was adjourned at 9:00 P.M.


Rebecca Anderson, - Gordon Bennett, Chair Recording Secretary

11

Action Item: Vote

1

MUIR BEACH COMMUNITY SERVICES DISTRICT

BOX 221 • STAR ROt -TF- • SAL'SALITO. CALIFORNIA • Q4965

$( J.'N1 ) (N' IE(T(KS

REGULAR MEETING OF THE IJIR BEACH CONJNITY SERVICES DISTRICT BOARD COMM.LJNITY CENTER, 19 SEACAPE WEDNESDAY, MAY 29, 1991 7:00 PM

DIRECTORS: Gordon Bennett, Chair; Judith Yamamoto, Steve Shaffer, Erin Pinto, and one vacancy.

AGENDA

1) Call To Order

2) Approval of Agenda

3) Approval of Prior Minutes: and end 5/1/91 Meeting's 91/92 Budget

4) Approval of Current Bills

) Approval of Year to Date Budget Summary and Department Detail

6) Water Dept Report. Action Item: Vote

7) Community Center Report. Action Item: Vote on -_-

8) Roads & Easement Report. Action Item: Vote on -

9) Fire Dept Report. Action Item: Vote on - 1, tA!iA4 )it#AA

11)Safety/Insurancc Report. Action Item: Vote on Al "---

12)Recycling Report. Action Item: Vote on j1f U!1L flj P --_-

13)Community Interest Reports:

14 )Announcements:

15)Emergency Items:

1C)Adjourn

- * REMINDER * THE JUNE CSD MEETING WILL BE HELD ON

JUNE 199 1991

MINUTES

REGULAR MEETING OF THE MUIR BEACH


APRIL 24, 1991

Present: Gordon Bennett, Chair; Erin Pinto, Steve Shaffer, Judith Yamamoto, one vacancy.

1. Call to Order

The meeting was called to order by G. Bennett at 7:15 p.m.


a) Add Page 99 (the Roads Report) to the agenda.

b) S. Shaffer made motion to approve the agenda with the addition of Page 99; J. Yamamoto seconds; ayes all.

3. Approval of Prior Meeting Minutes

A. March 12, 1991 Special Meeting Minutes

S. Shaffer made motion to approve the minutes as they are written; J. Yamamoto seconds; ayes all. -

B. March 20, 1991 Minutes

1) G. Bennett noted that there were no corrections to the minutes; however, he would like Linda Moore to standardize the format when making corrections to previous minutes (i.e., italicized vs. non-italicized).

2) S. Shaffer made motion to approve the minutes; J. Yamamoto seconds; ayes all.


S. Shaffer made motion to approve the bills as submitted; J. Yamamoto seconds, ayes all.

5. Approval of Year to Date Budget Siumniry and Department Detail

a) The possibility of a part-time General Manager will be discussed at the next budget meeting (5/1/91).

b) Discussion re: the need to approve the Budget Summary. Opposing views: too much information, not very relevant.

4

Favoring views: gives Board opportunity to correct classification errors, keep informed on status/time line of yearly expenses. It was agreed to continue to approve the Budget Summary at each regular meeting.

c) J. Sward had a question regarding the Fire Department's West Mann funds $8000 - report shows 5,968 on income. The Fire Department has not been paid the total amount. G. Bennett stated that he collected all of the invoices, except for one that he had not been aware of. As soon as he gathers information on this invoice, he will submit it for payment.

d) S. Shaffer made motion to approve Year to Date Budget Summary and Department Detail as submitted; J. Yamamoto seconds; ayes all.

6. Water Department Report

a) S. Shaffer stated that Henry was out of town and would not be attending the meeting.

b) Discussion re: proposed change to bi-monthly billing because it is more economical. Concern expressed about timely discovery of water leaks.

c) Request from Gunvor Nelson that she be allowed to pay off her water leak bill in the same way as N. Oda. Due to absence of Manager H. Hyde and Dist. Sec. Hazel Melo, - request will be considered at next regular meeting (5/29/91).

d) 4/18/91 letter to G. Giacomini is the final version. He has indicated that he will request an emergency grant of $7100 from Tom Campanella.

e) Discussion followed re: bi-monthly billing and adding a rate category to the water bill. This will be discussed further and voted on at the 5/1/91 public hearing. The current five rate categories (in cubic feet) are: 0-200, 200-500, 500-1000, 1000-2000, and 2000+. A rate category will be added by splitting the 1000-2000 category into two categories. At 1000-1500 cubic feet, the rates will stay the same; at 1500-2000 cubic feet, the rates will go up $1.00 per 100 cubic feet. Those in this range, who now pay $4.00 per 100 cubic feet will pay $5.00 per 100 cubic feet. The cost for those who use over 2000 cubic feet will be increased from $5.00 to $6.00 per 100 cubic feet. G. Bennett noted that this will probably only affect 12 people, who may be able to reduce their water usage through conservation measures. The basic logic of the current system, which is based on the number of metered gallons rather than the number of people in a household, will not be changed.

5

7.

8.

- S. Shaffer made motion to set the date for the public hearing (for the water rate increase) and budget meeting on Wednesday, May 1, 1991, at 7:00 p.m.; J. Yamamoto seconds; ayes all.

Community Center Report

a) S. Shaffer asked about the status of the office addition. J. Yamamoto stated that the next step is to send the parents a letter asking what they think about "Plan C" (moving the copier into the Children's Room). Discussion followed re: the location of the office. "Plan All locates it in the mezzanine; "Plan B" locates it in the present copier room, without moving the copier out. The Community Center Committee will continue discussion at their next regular meeting.

b) G. Bennett noted that in last month's minutes the No Smoking Policy was referred back to the Committee for a recommendation. K. Sward stated that this item, as well as several other agenda items, was displaced by discussion of the Betty Harrison Smith workshop. It will be addressed at the next CCC meeting.

C) J. Yamamoto stated her regret at the resignation of Marilyn Kriegel. K. Sward and G. Bennett also regret the resignation.

Roads & Easement Report

a) S. Shaffer noted that the easements are now numbered and he is in the process of formulating a. roads .& easements policy which will include this information. The numbering system is strictly for Regan and himself to more easily identify the easements. Discussion followed re: naming, mapping and signing the easements. G. Bennett suggested that the Roads Committee call a public hearing to discuss whether the easements should be just mapped, mapped and named, or mapped, named and signed.

b) S. Shaffer noted that Regan replaced the light switches to the Community Center. They may need a better enclosure/shelter.

C) J. Yamamoto stated that Gunvor Nelson wants the Board to know about the big tree across Sunset Way from her house that should be cut down. S. Shaffer discussed the options on how to handle the situation depending on whose property and/or easement it falls. S. Shaffer's deadline on the Muir Beach roads and easements policy is June 1, 1991; a draft will be prepared and submitted to the Board for revision/approval.

d) J. Yamamoto stated that Gunvor Nelson also notified her that there is a leak on the easement between Sunset Way and Cove Lane and that ditches need to be cleared on Sunset Way above the leak. S. Shaffer stated that there is twice-a-year ditch maintenance. There has been one done already this year, and they are waiting for the rain to stop to do the second; and then another one will be done before the rainy season starts again. He also stated that the leak is a Water Department matter. G. Bennett and S. Shaffer stated that these items should be submitted in the form of a letter and/or placed in the packet for more expedient review at the Board meeting.

e) R. Collier asked what the permanent drainage solutions are on Charlotte's Way. S. Shaffer will arrange a meeting with R. McNeil, R. Collier, and L. Yamamoto.

f) S. Shaffer will get rebars pounded in on Sunset-Pacific easement.

g) Non-skid strips placed on all easement steps. S. Shaffer will take care of this.

9. Fire Department Report

a) Re: Workman's Compensation Policy. It was noted that this is already in effect; the CSD pays the coverage and is reimbursed by the County. S. Shaffer made the motion to ratify G. Bennett's earlier change in the MBVFD's insurance coverage for Workmen's Compensation; J. Yamamoto seconds; ayes all.

b) J. Sward stated that the final figures for West Mann funds are not yet in; we may get less money next year as a result of this year's negotiations.

c) Re: $2000 donation from movie makers. The MBVFD offered to keep $1000 of the $2000 donation, and give the other $1000 to the CSD with the understanding that it would be reflected in the CSD budget as a donation to the I4BVFD. Current !BVFD expenses include an extra $800 maintenance bill on the fire truck, and a 24' ladder ($1000). Discussion continued to the 5/1/91 special budget meeting.

d) J. Sward discussed the training program; will gather information for further discussion.

e) G. Bennett asked about smog checks for the fire trucks. J. Sward stated that is being worked on and is part of the truck registration.

f) J. Sward announced Leslie's resignation as Treasurer. A new Treasurer will be selected within a month.

7

10. G & A/Procedures Report

a) Action Item 41 - Election Resolution: G. Bennett stated that since the Board had been deadlocked in ifs effort to appoint a fifth Board member, the 11/5/91 CSD election will have 3 openings.

- S. Shaffer made motion that the Board fill out and submit the election form to the Registrar of Voters prior to the May 10, 1991 deadline for the November 5, 1991, election date; ayes all. (Resolution *910424)

b) Action Item *2 - Attend Finance Seminar: G. Bennett feels that the Board should not attend the seminar. S. Shaffer noted the fee of $425. It was unanimous not to take any action on this; ayes all.

C) Action Item *3 - Approval of "CSD Procedures" Changes: G. Bennett stated that all changes made at the 3/20/91 CSD meeting were incorporated in this revised version. Two items were not approved. 1. Records/Files/Mail, 412 (Mailbox correspondence). The Community Center Committee was not able to address this issue; action postponed until 5/29/91 CSD meeting. 2. Budget/Income/Expense/Petty Cash, 117 (Grants, fundraisers and donations). Discussion of wording followed. G. Bennett clarified that while fundraising and grantwritjng can only be for budgeted projects, new projects can be added to the budget at any time.

- J. Yamamoto made motion to leave 117 as written, S. Shaffer seconds; ayes all.

d) Action Item 414 - Conflict of Interest Policy: G. Bennett stated that the Board needs to review and approve the sample Code submitted by Counsel, and send it back to the County: the County Board of Supervisors then enacts the Code.

- S. Shaffer made motion to approve the Conflict of Interest Code as suggested by County Counsel (4/28/91); Yamamoto seconds; ayes all.

e) Re: Special budgetary action with 4/5 Board vote: G. Bennett stated that the County Supervisors may change budget allocations only with a 4/5 vote of the Board. We may include this rule in our procedures, but there is nothing to prevent its being reversed by a simple majority vote. S. Shaffer stated that it provides a 30-day safeguard for changes. No action was taken.

f) Special Event Liability insurance has been acquired.

11. Safety/Insurance Report

a) Re: Community Center Committee Health & Safety Report:

Ei

12.

13.

S. Shaffer will coordinate implementation of County Fire Department requirements with Assistant Manager Regan McNeil.

b) G. Bennett met with the Insurance Services Officers. They pointed out that the Fire Department's equipment was basically in good shape. There are a few pieces of equipment that should be purchased and if this is done, the Fire Department can officially qualify for at least Fire Protection Code Class *9. This would be a higher level of coverage and means that homeowners may get a discount in their insurance policies.

Recycling Report

Re: Beachcomber article about recycling: After some discussion, J. Yamamoto said she will follow up with getting a recycling article into the Beachcomber as part of the Community Center Committee's "Residents' Handbook" series.

Community Interest Reports

a) Re: Press Releases in the Mann Independent Journal: G. Bennett stated that he asked the Mann Independent Journal why Muir Beach information never shows up in the "Across Mann" section. He discovered that a press release from the Board has to be sent to them 2 weeks prior to the Board meeting. It was agreed that it was a good idea to place certain items in the Mann IJ, such as the public hearings.

b) Re: Big Lagoon/Muir Beach Parking Lot: G. Bennett stated that he made a follow-up call to the Coastal Commission re: the future status of the Muir Beach parking lot. He spoke with Gary Gjacomjni, our supervisor, who informed him that nothing was being done at this time; they will keep us informed.

C) Re: Mailbox Thefts: G. Bennett stated that the Sheriff caught the Mailbox thieves, and it appears as though the thefts have stopped.

d) Re: Term Limits: S. Shaffer stated that he was going to drop the Term Limits discussions because of the lack of support from the rest of the Board.

e) Re: June and July Board Meeting Dates: S. Shaffer stated that he would like the Board to move the June and July meetings back to the third Wednesday of the month as originally scheduled; he will not be able to attend otherwise. J. Yamamoto stated that the Community Center Committee had requested that the Board pick one date and stick to it without exceptions.

- J. Yamamoto made motion for the June and July Board meetings to be held on Wednesday, June 26, 1991, and

Wednesday, July 17, 1991, at 7:00 p.m.; S. Shaffer seconds; ayes all.

f) Re: Seating at Board Meeting: S. Shaffer suggested that the audience not sit at the table, so that those in back can be seen by Board members.

g) Re: Highway 1 Coastal Permit: J. Yamamoto received a report of the minutes on the February 14, 1991, meeting of the Cal Trans Department, regarding the Highway 1 Coastal Permit. The minutes will be included in the packet for discussion at the 5/29/91 Board meeting.

h) Re: Mann Muni & Inverness: J. Yamamoto stated that she received Mann Muni and Inverness PUD water leak policies. She gave them to G. Bennett for the Water Committee to review prior to the 5/1/91 Public Hearing. It was decided they will be included in the Board packet for that meeting.

i) Re: Social Security for Employees: G. Bennett stated that he received a report that states that the Board has to pay social security for all employees; expenses are up 7.5%. The report will be included in the packet for discussion at the next budget meeting.

j) Re: Mailbox Location: J. Yamamoto discussed Kisha's concerns about the location of the green box, and possibly moving it near the blue box. The Board discussed possible locations/solutions to the problem. It was agreed that S. Shaffer would discuss the situation with Tink to see what can be resolved.

14. Announcements

a) Ellen Metier stated that she attended an Emergency Services Exposition at the Mann Civic Center, and she would like to put together an Emergency Plan in the Community. The plan would include a list informing people who in the district does what pertaining to safety. It was suggested that Ellen coordinate with the people who did previous work on an Emergency Plan approximately 4 years ago. J. Yamamoto will provide Ellen with the file containing this information. G. Bennett stated that there was an emergency supply in the storeroom. J. Sward stated that the Novato Fire Department surveyed the Muir Beach Fire Department on what equipment was available and that the Fire Department's equipment is listed in the Mann County Emergency Services packet.

- S. Shaffer made motion to appoint Ellen Metier as the Emergency Plan Developer; J. Yamamoto seconds; ayes all.

b) J. Sward announced that the BBQ will be on Sunday, May 26, 1991, and he encourages people to purchase raffle

10

tickets. The budget is low and more funds are needed. Donations and Community help are welcomed.

15. Adjournment

The meeting was adjourned at 9:00 p.m.


Rebecca Anderson, Gordon Bennett, Chair Recording Secretary

11

ill

BILLS SUB11ITTED AND PAID APRIL 24-29,1991

WATER 9238

Hazel )Ielo, wages 4- month #1003 ----------------------------$276.92 expenses: 1500 billing cards #2133--------------- 59.82

(note) Postage 1/ 2130 ----------------------21.43 Copies # 2133 ----------------------10.57

Reimburse,3 meter readers/truck #1004--------90.00 Regan McNeil,wages 4/1-4/29 93+ hrs. #1028 ------------ 1,119.00

Routine mileage,219mi.@230 #2479 ----------50.37 Medical plan #1506 -----------------------75.59

P.G.&E. , pump house # 2535 ------------------------- 318,17 pump #7,Seacape # 2535 -------------------- 7.50

Bell Industries,repair and small tools #2077 38.62 Paradise Pools Svc, 16 gals. CHLOR # 2115 ------------33.92

TOTAL $2,101.91

C0J'N.CENTER #92

P.G.& E. svc to 4/18 # 2535 ---- ---------------------- $96.03 Felicity Milne, Prepair CSD dinner # 2380 ------------ - 25.00 Pacific Bell, Coin Box # 2534 ----------------------- 32.92

TOTAL

FIRE DEPT. # 9240

California Mountain Co; items for Vol.Fire Dept.# 4093---S1,320 .49 Transtech Enterprise, znntc. on fire trucks # 2086 814 .69

TOTAL $2135 .18

WATER TOTAL *************$2,1O1 .91 COON Center TOTAL******* 153.95 FIRE DEPT. TOTAL ******** 2,135.18

GRAND TOTAL *******P**** $49391.04

(note); paid May 16th

12

98'l.60tI ***.************** 'IVLOJ ctLYte

99O9' I. VH3flS nIVL0L H,7111,lao WNOO

06Q I. *.***************** 'flfE0L V 0

HaIIVPL

9909'

9c90I ---j7j7$j7 0A9 .OaçOrA1 W9.a&9 .IGA 'u Uc2Ua os.n 00006L -------------i'bLfr # 13eçOzr UVT& STaaull

'suataztoop $.o,xI.uoo V 2uTaaaui2ualaeanqmT9a '9PAH Lrtiaj

cc26# eoru

OLcI.'I.* -- ¶IVJ01

OLi7 -- LcIZ# 33UU UT18a iaçdoo 'EdthtS o;o A1oAoo$[

0008 ---------96O# .zauao 2uivai3 'za1zuoe vq.Tuvue

00009 ---080L # XETrgUIG2 dOT.SIOA 'Afl 'T—UOSWIaJj. J

66 # uaaoroo ( ocz 0 S3131X iiLi)

o6o ------ 6voz # a2etui eainqme1'&$4e 'qpu-uosç.iag

96# ve WOW j3 'IVOJ

-2 # alvOs ItGA't(31TA9 ssd-Aj 'duma xe).azo

------------- 512 # H0TxiOT 91 '100d aspIj

0L2 ------------- auoqd a1euj # IuuO IT1T 'USE 3TJT°I

( 000s 0 sin.ot) 000ozzZqLt # u0n1A9 SlddrLs ieA 'uE.xj 'esezz

0090 ---------------z# prrt.t çsodep 'zeqoj 'ssa

60 # epiqoL G2ETUI euTnoU

000' ----------80L# aeit OlTaNOW ueu 64'9L -------------------00L # tq.uOui j. S92BA 101914 Tezj

0000 ---------------------00L# 0/$./'? 82A 'OpAj LIUOH

96 uaLv:'

t66i. gqq.Ll -1. cvi aiva av aari;:tns s'rria

—MONIES DEPOSITED

4-19-91

';IATER SERVICE -----------------------------$1,270.59 SURCHARGE ACCOUNT ------- --------------- 76. 00

4-29-91 WATER SERVICE ----------------------------$1,234.79 URCILRGE ACCOUNT ----------------------- 1,109.00

5-3-91 OTHER , MOVIE CREW'S USE OF PARKING ----- $1 9500-00

5-10-91

WATER SERVICE ------------------------- 31,523.92 Customer Deposit ------------------- --- 50.00 SURCHARGE ACCOUNT -------------------- I 9080.00

5-17-91 - WATER SERVICE ------------------------- $977.14 Customer Deposit ------------------- --- 50.00 SURCHARGE ACCOUNT --------------------855.00

14

PVO

MUIR BEACH BUDGET SUMMARY AS OF: (BUDGET MONTHS) \\))

This Mo Yr-To-Dt 90-91 Bdt(91-92 YR WATER

EXPENSES: Operations & Maintenance Equipment and Building

INCOME: Water Bills

TAXES REQUIRED (Income less Expense)

FIRE DEPARTMENT

EXPENSES Operations & Maintenance Equipment and Building

INCOME: Grants -I- Roll-over of Prior


COMMUNITY CENTER


INCOME: Activities Grants


ROADS AND EASEMENTS


INCOME: Fundraiser

TAXES REQUIRED (income less Expense)

GENERAL AND ADMINISTRATIVE


INCOME: Taxes Other

TAXES AVAILABLE (Income less Exp) LESS TAX REQ'D WATER/FIRE/COMM/ROAD

NET CHANGE TO CASH (Avail less Reqd) END CASH BALANCE CSD OPERATING FUND:

LONG-RANGE ACCOUNT

WATER SURCHARGE FOR HARRIS PROJECTS EXPENSES: INCOME:

NET CHANGE TO CASH (Inc less Exp) ENDING CASH BALANCE SURCHARGE FUND:

FIRE STATION RELOCATION EXPENSES: INCOME

NET CHANGE TO CASH (Inc less Exp) ENDING CASH BALANCE FIRE STAT FUND

<41,000> <53,500> QPQ 44,000

<5,000> <9,500>

27,628 18,128

<0> <0> _L

+3,000 0 _______ 3,000 3,080

<43,419> <38,000> <20,220> <9,000>

4!.P2_ ALL < > < > <19,639> <0>

<11,119> <16,915> <6,133> <8,000>

2 < 7,055> <4,755>

<15,584> <13,265> <9,110> <6,310>

8,442 5,000 -_5,72_ 2,000

? _ <10,527> <12,575>

<11,697> <11,500> <0> <1,000>

- ----fl- < _? <11,697> <11,500>

<10,460> <19,570> <0> <0>

45,592 47,900 - _1Ll_ 9_

36,659 28,830

<12,259> 0

15,983 15,983

15

MINUTES REGULAR MEETING OF

THE MUIR BEACH COMMUNITY SERVICES DISTRICT

MAY 299 1991

Present: Gordon Bennett, Cbair, Erin Pinto, Steven Shaffer, Judith Yamamoto.


2. Approval of Agenda a) move "Administrative office" from 0 & A (#10) to #7 Community Center

Report b) move "separate checking account CC": from G & A (#10) to #7 Community

Center Report c) move :"separate checking account/MB VFD" from 0 & A (#10) to #9 Fire

Department Report d) G. Bennett announced that the Board meetings will begin at 7:00 pm c) S. Shaffer made the motion to approve the agenda as changed; E. Pinto seconds;

ayes all.

3. Approval of April 24, 1991 Meeting Minutes and May 1, 1991 Meeting's 91/92 Budget a) April 24: J. Yamamoto made the motion to approve April 24 minutes; S.

Shaffer seconds; ayes all. b) May 1:0. Bennett thanked everyone for all the work that went into putting the

budget together. He suggested deferring approval to next meeting because: (1)the next CSD Board Meeting is June 19 and (2) the deadline for getting budget in is after that date; and (3)more information continues to come re: final year-end reserve contingency

4. A. Approval of Current Bills a) At Gordon's request, Hazel agreed to make copies of the ARMS 59s, and the

invoice background material for him. b) After some question and discussion re: $1,500 (pg. 13 of packet) paid to Henry

Hyde it was emphasized that it was important to get authorization. ) It was suggested that a procedure be written; J. Yamamoto agreed to draft same.

C 4) After some discussion S. Shaffer made the motion to approve the bills; as questioned and answered; E. Pinto seconds; ayes all.

S. Approval of Year to Date Budget Summary and Department Detail a) Gordon stated that action for this item will be deferred to next month as it was

submitted too late for the packet..

6. Water Department Report a) H. Hyde elaborated on his report stating that: he sees no evidence of

a leak at the Pearlman residence; Henry thinks it is underground water and will continue to monitor the situation.

-3-

b) After discussion re: letter from Barry at Pelican Inn S. Shaffer agreed to speak with Barry, thank him for his letter, and let him know that in the future he will be notified of any testing, or flushing done to the system. Steve also agreed to write notes re: the development of that meeting for the next packet. It was agreed that Henry will monitor the meter and flush more often. li 60t)

c) J. Ym2moto made the motion to authorize the expenditure of $75,000 for Bellagio to replacee roof of the upper tank; that Henry will get in writing an ? agreement from the'lo remove the debris from the old roof; and that Henry is authorized to spend $600 to put in the temporary water supply. S. Shaffer seconds, ayes all.

d) S. Shaffer made the motion to authorize H. Hyde to execute contract documents with Lunny Grading for construction of the project at the low bid of $27,524. E. Pinto seconds, ayes all.

e) J. Yamamoto made the motion to extend H. Hyde's contract through June 30,1991 G. Bennett seconds, ayes all.

1) S. Shaffer made the motion to .amend Henry Hyde's contract per 1991-92 budget (item #9238 & 9233) and to change its term to run from July 1 through June 30. J. Yamamoto seconds; ayes all.

g) After discussion re: modifying Regan McNeil's contract, who has taken a full-time job with the County, but is wiling to continue part-time at Muir Beach, it was agreed by consensus to keep as is until * August 31, and then review at that lime for a possible change.

h) Re: the reduction of the Pervier water bill by $25/mo: Fire Chief Bill Farkas offered to pay the $25 to Tink for compensation for Fire Barn use.

i) It was decided that Judith would talk to G. Nelson about payment for water bill. No changes were made; decision made on case-by-case basis, not retroactive. All requests to the Board should be put in writing.

7. Community Center Report a) Much discussion followed re: the definitions of staff vs. committee.as followed

by recommendations from the meeting with Betty Harrison Smith of California Special District Seminars in April. It was agreed that the highest priority was to hire a General Manager. Gordon also suggested soliciting written opinions/suggestions on the creating of committees, how they should function, under what authority, who serves, etc.

b) After discussion re: rental deposits it was decided to use ARMS 50 vouchers. c) Re: separate checking account (page 55) it was decided that Nancy Knox will meet

with Hazel. d) Re: administrative office - S. Shaffer made the motion that the recommendation

for design of office [submitted by the CCC (Plan B)] be accepted by the Board providing the rules for the use of the copier be changed in the following ways: a letter will be sent to card-holding copier-users stating that CSD Board and staff have first priority of the space; a "Do Not Disturb" sign may be placed at the door to ensure privacy and quiet; it is possible to reserve the copier one week in advance. J. Yamamoto seconds the motion, ayes all.

8. Roads and Easements a) Gordon reminded S. Shaffer that the propane tank needs a "no smoking" sign as

well as weeding 10' around the tank.

9. Fire Department a) J. Yamamoto read resolution (91-0529) thanking and commending John Sward

for his 20 years as Muir Beach's Fire Chief. It was amended by Gordon that the resolution would be framed. J. Yamamoto made the motion to pass the submitted resolution as amended; E. Pinto seconds; ayes all. It was agreed that Judith would get it framed.

b) S. Shaffer made the motion to approve the MBVFD's recommendation to appoint Bill Farkas as Chief. E. Pinto seconds; ayes all.

c) The new Fire Chief, Bill Farkas was welcomed. d) Bill Farkas reported on his meeting with attorney, Steven J. Baker and requested

permission from the CSD Board to set-up a non-profit organization. Bill requested a copy of the Worker's Comp policy; Betty Harrison Smith's address and phone; CSD description. Gordon agreed to get this information for him. It was decided that the Board would authorize to go ahead with plans to create the non-profit pending a "stamp of approval" from County Counsel who Gordon will contact.

10. G & A Procedures Report a) Judith agreed to write a letter informing the community of the yearly fee for the

Agenda Packet ($10) and Budget Packet.($30) It was decided to delete language stating that proceeds from the copying changes would be used to fund an annual CSD newsletter.

b) Judith agreed to write a letter in support of Legislation to repeal a bill that would give counties authority to charge special districts for collection of property taxes.

11. Safety/Insurance Report c) Re: Safety Claims Workshop which a CSD member of staff is required to attend -

Erin will consider going on July 15. A decision was made to determine at the next CSD meeting (June 19) who will go, and when.

12. Recycling Report a) It was agreed by consensus that anything to do with recycling will become part of

the Community Interest Report. G. Bennett will write a letter to Mann Conservation Corp stating that the recycling program is rented to them and is not the authority of the CSD.

13. Community Interest Reports a) S. Shaffer requested that the agenda page of the packet always state, in bold, at the

bottom, the date and time of the next CSD meetings. b) Judith announced that mail thefts have continued. Kaia, the mail carrier

suggested that if people are going to cut slots in their boxes, they should look at "role model" boxes before doing so. (#216,263,273.)

c) Steve will talk to Tink about moving the green box.

14. Announcements a) Erin stated that she may not be able to attend the next two CSD meetings. b) Gordon announced that he will put a mailbox behind the bulletin board at the

Community Center sign which is to be used for reports, etc. for the packet. It is important that materials for the packet be put in this box no later than the Thursday evening preceding the CSD Board meeting.

c) Hazel thanked Judith for her delicious cake.

15.. Adjournment: The meeting was adjourned at 11:42 pm.


Linda Moore, Recording Secretary Gordon Bennett, Chair

-5-

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' 30 2Iii aizr 72 MUIR BEACH COMM UNJ TY SER VICES

DISTRICT BOX 221 • STAR ROt TE • SAL!SALITO. CALIFORNIA • Q4965

W LVI) (W1g4E(i( WI'.

Regular Meeting of the Muir Beach Community Services District Board Community Center, 19 Seacape, Muir Beach. Wednesday, June 19, 1991. 7:00 pm

Directors: Gordon Bennett, Chair, Judith Yamamoto, Steve Shaffer, Erin Pinto; one vacancy.

AGENDA

1. Call to Order


3. Approval of Prior Minutes: May 29, 1991.


5. Safety/Insurance Report. Action Item: Attending Safety Workshop.

6. Water Dept. Report. Action Item: Hyde option 1, option 2 decision.

7. Community Center Report. Action Item: accounting code for fire sprinkler repair cost.

8. Roads & Easements Report. -

9. Fire Dept. Report.

10. G & A/Procedures Report and Approval of Year to Date Budget Summary and Department Detail. Action Items: Procedures, Finance Officer, final 91/92 budget.

11. Community Interest Reports.

12. Announcements.

13. Emergency Items.

14. Adjourn.

"REMINDER" The July CSD Meeting will be held on July 17, at 7:00 pm.



JULY 179 1991

Present: Gordon Bennett, Chair; Erin Pinto, Steven Shaffer, Judith Yamamoto.


2. Approval of Agenda a) S. Shaffer moved to approve the Agenda as is; E. Pinto seconds, ayes all

3. Approval of May 29, 1991 Meeting Minutes a) Page 4 c) [underWater Dept.]: should read: I. Yamamoto made the motion to

authorize the expenditure of $7,500 b) Re: 7c). Community Center Report : Discussion followed re: the accuracy of the

minutes. S. Shaffer made the motion to listen to the tape of the May 29 meeting. The tape was played. G. Bennett made the motion to amend the minutes to add the phrase:turn over the CC checkbook to Hazel as expeditiously as possible. S. Shaffer changed that motion to re-phrase 7 C to read: It was discussed and Nancy Knox was instructed to meet with Hazel on how to close down the CC checkbook as expeditiously as possible; there was no second. S. Shaffer made a second motion: It was discussed and Nancy Knox was asked to meet with Hazel on how best to close down the CC checkbook as expeditiously as possible; there was no second.

c) S. Shaffer made the motion to approve the minutes as amended; J. Yamamoto seconds, eyes all.

4. Approval of Current Bills a) Hazel submitted a corrected version of the Current Bills. b) After some discussion, S. Shaffer made the motion to approve Water, Roads &

Easements, G& A bills (everything except the bills for the CC until later in the meeting); J. Yamamoto seconds, ayes all.

c) Approval of Community Center reimbursement checks: Erin made the motion to approve the CC reimbursement checks ($50 and $80 check) through the end of June. J. Yamamoto seconds. Ayes: Judith, Erin, Gordon. Nayes: Steve.

d) G.Bennett stated that he will not approve anymore reimbursement checks.

S. Safety/Insurance Report a) G. Bennett gave an abbreviated report, with a longer one to be presented at the next

CSD Meeting: (1) the Pelican Inn's claim (for $1.20) must be treated as an official j 4t claim that must be reported; (2) Doris Chatham should be covered by Workers iftL ) Comp. (3) questions re: chlorine being a hazard material - discrepancies between , P. what County says (it isn't) and what SDRMA says. H. Hyde is checking. r (4) Transfer of risks ye: playground - MBCSD cannot ask parents to sign waiver to assume risks of using playground - only legitimate risks can be transferred, not known liabilities. (5) Courts have determined that if children fall off any structure higher than 80" to ground not properly prepared, it is criminal negligence. (6) Proof of insurance is needed from every listed CSD driver. (7) New state laws require the quarterly attendance of safety meetings. k

6. Water Department Report a) J. Yamamoto made the motion to adopt Option 2 assigning the responsibility of the

Harris Project design and construction services to Henry Hyde and Assoc.; E. Pinto seconds, ayes all. J. Yamamoto thanked Henry for a terrific job.

b) Re: H. Hyde's contract: S. Shaffer made the motion to ratify Henry's contract; J. Yamamoto seconds; ayes all.

C) After discussion re: meter for John Ryan, S. Shaffer made the motion that Henry write a letter suggesting that NPS be allowed to put in their own water meter at the house that doesn't have one. The CSD will bill them on one bill from the meter on the CSD side of the road and NPS will determine how the bill is split between the two houses; the meter that is there is granted to NPS. Judith seconds; ayes all.

d) Re: Henry's July 8 Report/Action Items: S. Shaffer made the motion to approve item 2 (extensiosn of new 4-inch pipeline an additional 65 ft.) and item 4 (additional backfill requirements to stabilize slope on Highway 1), and for those costs to come out of the surcharge fund. E. Pinto seconds; ayes all.

e) Discussion followed authorization to relocate and upgrade fire hydrant at end of Charlotte's Way. S. Shaffer made the motion for Roads Chair, Water Manager and Fire Chief to meet and then make a recommendation to be discussed at the August CSD Meeting; Judith seconds, ayes all.

7. Community Center Report a) J. Yamamoto made the motion to accept, with profound regret, Nancy Knox'

resignation from the Community Center Commitee and to thank her for her years of hard work and dedication. S. Shaffer seconds; ayes all. 17

b) Hazel said that the amount for the fire sprinklers [$363.97] should go to the Community Center #2096 Building Maintenance and Cleaning. '

c) G. Bennett suggested defering the action item re: playground to a Special Meeting, scheduled for Augist 28,6-8 pm. S. Shaffer will give to Regan the project of taking down the swings, putting a board across the ladder of the slide, putting up a sign. Cathy Sward will pound the nail down in the playhouse.

c) Discussion followed re: Operation of CC and the future of the CCC recommendations. (1) Judith made the motion to pass #C 3: that until a General Manager is hired the CCC should continue to manage a separate bank account maintaining a minimum balance of $500 to be used for rental deposit refunds and the purchase of miscellaneous supplies. There was no second. (2) S. Shaffer made the motion to approve #3 under C as written: [until a General Manager is hired, the CCC should continue to manage a bank account as described above.] Judith seconds. Ayes: Judith, Erin. Nayes: Gordon, Steve. (3) S. Shaffer made the motion to close the check book immediately. Judith seconds. Ayes: Gordon, Steve. Nayes: Judith, Erin.

d) It was suggested to hire a person (as an interim paid position) to do the jobs as currently performed by the Community Center Committee. This is to be a discussion and action item for the August meeting.

e) J. Yamamoto made the motion to adopt I. B: [The CCC including the members who resigned recently, should continue to operate as an interim committee pending the hiring of a General Manager.] Erin seconds. Ayes: Judith, Erin. Nayes: Gordon. Steve. Judith made the motion: that the CCC including the members who resigned recently should they agree, will operate until the August 28, 1991 CSD meeting. E. Pinto seconds; ayes all.

8. Roads and Easements a) Re: moving Green Box - Steve questioned whether or not the Box is in the CSD

jurisdication. Gordon stated that Tink could not be added to the CSD insurance policy to cover for mailbox accidents. Steve suggested moving the Green Box next to the Blue Box; Gordon suggested that Steve talk to Tink about moving it elsewhere on her property.

—4— 4:

b) Steve reported that what has been called an easement on Pacific Way to Big Beach is not a CSD easement. G. Bennett suggested that a letter be written to GGNRA stating that clearing of a stairway has been done on their property, that it is recognized that this is not CSD property and that although CSD has maintained it in the past, will not continue to do so. E. Pinto seconds the motion for a letter to be writtern; ayes all. Steve will write a draft and give it to Hazel.

c) Discussion followed re: the accumulation of brush cuttings and deadline for clean- up by the County Fire Dept. on July 25. A chipper day will be scheduled for next March.

d) S. Shaffer made the motion for Judith to write a draft letter for Hazel to commend the County for the job done on maintaining their roads(Seacape, Starbuck, Ahab) in the Muir Beach community. J. Yamamoto seconds; ayes all.

e) Discussion followed re: maintaining and repairing the easement leading from the end of Sunset to Pacific. J. Yamamoto made the motion for the Roads Committee to check handrail requirements and install handrail if necessary, and repair and add steps as needed along the easement from the intersection of Sunset and Highway 1 southeast to Pacific Way, just west of Lagoon Way. E. Pinto seconds, ayes all.

9. Fire Department a) Discussion re: grant monies from West Mann Emergency Services Funds - because

"insurance" was not specifically mentioned as part of what was to be covered by the funds in a letter received from the County of Mahn/Office of Administrator, questions arose as to whether or not it was meant to be included. The motion was made for Gordon to sign the paper from the County and return it with a thank you letter referring to the Fire Chiefs recommendations. S. Shaffer seconds, ayes all.

b) Discussion followed re: fundraising monies and setting up a non-profit organization. This item will be a discussion item for the August meeting. G. Bennett will distribute Alexis' letter to Board members when he receives it. / iz&gJ

6U UP 44tL °f Auq."j

10. G & A Procedures Report and Approval of Year to Date Budget Summary and Department Detail. a) J. Yamamoto made the motion that the CSD ask the Committee to put the office as

their first priority in the use of the rolled-over capital funds for next year. S. Shaffer seconds. Ayes: Judith, Erin, Steve. Nayes: Gordon.

b) S. Shaffer made the motion for the $2,000 of the carry-over be put back into the CCC budget (under 4048) and eliminate it from (3 & A. Judith seconds; ayes all.

c) After discussion of changes, the motion was made by to approve the budget as amended. Erin seconds; ayes all.

ci) J. Yamamoto will put notices in office, on office door and on bulletin boards re: scheduling of office space.

e) G. Bennett made thepjution QJ ank GaryiacommjLfor his effort to supply the MBCSD with an emergency &anir$7300. S. Shaffer seconds; ayes all. Judith will write a draft then give it Hazel and Gordon will sign and send it. •

f) Action Item: Finance Officer.- put-off until next meeting. g) Re: job descriptions for General Manager - G. Bennett will call Betty Harrison- &

Smith to obtain more, and Gordon will send his request letter to more people. h) J. Yamamoto made the motion to eliminate for the copier. 1W S.Shaffer seconds; ayes all. i) G. Bennett stated that he does not want to subscribe to the Board of Supervisors

Minutes an gen . p (, rW j) Judith stated that it is important to follow up letters written to the CD with either

phone calls or letters. I IA k) Gordon stated the procedures (according to Alexis) for a meeting that is going to be t

late is that the Chair or Secretary arrive to the meeting at the appointed time, make a finding that there is not a quorum, and then delay the meeting until there is a quorum.

1) G. Bennett stated that nothing special is needed to change the day of the regular meeting.

m) Gordon requested that information which goes into the packet needs to have the action items clearly marked. It is also important to specify to which department the papers go.

n) S. Shaffer will get a padlock for the mailbox where the papers for the packet go Keys will go to Linda and Hazel.

11. Community Interest Reports a) Henry reported that the pick-up day for household hazardous wastes is August 25.

Henry suggested organizing a community effort to get volunteers to pick-up from Muir Beach and bring to Mill Valley.

12. Announcements a) Erin Pinto thanked the Zen Center for inviting Muir Beach residents to the Center. b) Erin thanked Judith for her delicious desserts. c) Judith will post on the bulletin board election information on CSD letterhead. d) Gordon reminds that there has been a deadlock vote on the Community Center

checkbook.

14. Adjournment: The meeting was adjourned at 1:30 am



S

MINUTES SPECIAL MEETING OF


AUGUST 28, 1991

Present: Gordon Bennett, Chair; Erin Pinto, Steven Shaffer, Judith Yamamoto; one vacancy


2. Approval of Agenda a) Judith Yamamoto made the motion to approve the agenda. Erin seconds; ayes all.

3. Discussion of Playground Closure, and Vote a) After some discussion S. Shaffer made the motion to remove the tower and the rest

of the swing set and put it out of reach of any children. J. Yamamoto seconds, ayes all. It was agreed that Regan would dismantle.

b) After much discussion, re: renovation/replacement of the playground, J. Yamamoto made the motion that the CSD approve Alternate E with the following understanding: 1. release $500 immediately for the plan to determine the actual cost of the estimate; 2. the project will not be started until the money is raised, or sufficiently close to cover the estimated cost; 3. the amount of money given by the CSD to this project is $9,473. S. Shaffer seconds; ayes all.

c) S. Shaffer made the motion that the CSD authorize Leslie Riehi, Naomi Schalit and Maureen Ketchum to solicit funds in the name of the CSD for the playground. J. Yamamoto seconds. Ayes: S. Shaffer. Nayes: E. Pinto, J. Yamamoto. Abstain: G. Bennett. S. Shaffer amended the motion: that the CSD authorize Leslie Riehi, Naomi Schalit and Maureen Ketchum to conduct and supervise fundraising for the playground. E. Pinto seconds; ayes all.

4. Announcements a) It was requested that the dismantling of the playground be made a priority. S.

Shaffer stated if there were no other priorities, it would be done Saturday.




I



AUGUST 28, 1991



2. Approval of Agenda a) Add 4: Approval of current bills and discussion of Nina White's bill. b) Add to G & A Report: election of new Chair. J. Yamamoto made the motion to put

on the August agenda the appointment of Robin Collier to the Board. E. Pinto seconds. Ayes: Erin, Judith. Nayes: Steve, Gordon.

c) E. Pinto moved to approve the Agenda as amended; S. Shaffer seconds, ayes all.

3. Approval of July 17, 1991 Meeting Minutes a) Add to 5: Gordon Bennett attended the July 15 SDRMA Safety Meeting. b) 10 h change: "bookkeeping" to "ledger sheet." c) S. Shaffer made the motion to approve the minutes as amended; E. Pinto

seconds, ayes all.

4. Approval of Current Bills a) After Nina White explained the submitted bill for clean-up around the Seacape sign,

S. Shaffer made the motion to pay the bill with the regular bills for $121 for 7 hours of labor and dump charge for clearing debris that the CSD in the past has left there. J. Yamamoto seconds, ayes all.

b) S. Shaffer made the motion to approve the bills; E. Pinto seconds, ayes all.

S. G & A Procedures Report a) S. Shaffer made the motion for the CSD Procedures - Budget/Income/Expense/Petty

Cash: 3,20/91 CSD Procedures, Page 6 be altered to reflect the following sentence: "Payment for all projects performed by CSD Staff must be authorized by CSD Board prior to the initiation of the project." E. Pinto seconds; ayes all.

b) Finance Officer After some discussion S. Shaffer made the motion to appoint Gordon Bennett as Finance Officer. Judith seconds; Ayes: Judith, Steve, Gordon; Erin abstains.

c) Election of chair: Gordon stated that his official term was up; no one volunteered to chair. S. Shaffer made the motion to nominate Gordon Bennett to continue as Chair through the November meeting. Judith seconds; ayes all.

d) Re: parcel tax - For County Auditor information Hazel and Gordon will meet to discuss what property will be taxed for $150 per/parcel tax.

e) Gordon stated that the MB Fire Dept. volunteers are not covered under the MB State Comp. insurance policy. - Bill Farkas agreed to call fire chiefs of Stinson and Bolinas to determine their policies and report to Gordon his findings.

I

Judith stated that she has received more job descriptions for General Manager position. She also stated that MB will be receiving the government code book.

g) Re: General Manager - Leslie Riehi agreed to write a draft job description for General Manager position and give to all staff for review. Judith will send job descriptions she has collected to CSD Board and to Leslie. A special discussion and informational meeting was scheduled for September 18,7-9 pm.

6. Safety/Insurance Report. a) Playground closure was discussed at the Special Meeting.

7. Water Department Report a) Re: Emergency replacement of well pump -J. Yamamoto made the motion to

commend Henry Hyde for proper action taken in buying the pump and consulting with the Chair, the Board agrees to pay the bill from the contingency fund. E. Pinto seconds; ayes all.

b) Re: National Park Service Water Service - S. Shaffer made the motion to accept H. Hyde's recommendation and that Henry will write a letter to John Ryan which agrees with the four terms outlined within Henry's report on page 22 of the packet. Judith seconds; Ayes: Gordon, Steve, Judith; Nayes: Erin.

c) Re: Approval of Interite Project Change Order No. 2- Henry stated that there is a discrepancy with cost break-down. This will be an agenda item for the September meeting when Henry will have more information.

d) Re: Charlottes Way Hydrant Relocation and Upgrade - After some discussion, Judith made the motion to relocate the hydrant because it is consistent with Henry's recommendations; it is appropriate under the Harris Plan; it deepens the main under the road; because it provides a safer location for the hydrant, and a bigger turn-around; and because Robin agrees to do the excavation and that the CSD will take responsibility for the open trench. S. Shaffer seconds, ayes all.

e) Re: Collection of Unpaid Bills - It was agreed by consensus that Gordon will call County Counsel in order to establish proper procedure and language for a policy.

f) Re: Authorization for Design of Harris Project D-4 - Judith Yamamoto made the motion that Henry be authorized to switch D4 and D-5 and proceed this year with D-4. Steve Shaffer seconds; ayes all.

g) Re: Status of Regan McNeil - S. Shaffer made the motion to keep Regan through the end of his contract and in the meantime begin the first step in hiring a new person which is to post the job description on the bulletin boards, and that will be done a week from Friday. Erin Pinto seconds; ayes all.

h) Judith will call the Board of Supervisors re: this year's $10,000 grant. i) H. Hyde will give a draft to the Board for excess leakage policy. j) H. Hyde will call the insurance company re: chlorine detector.

8. Community Center Report a) The office will be discussed at the September CSD meeting. b) Judith made the motion to purchase a desk for the office. S. Shaffer seconds; ayes

all. c) Judith reported that $4,000 was received form the Community Development Block

Grant. d) Judith Yamamoto made the motion that the Community Center Committee, including

the treasurer who resigned recently, will, with the approval of the CSD Board, continue to operate as an interim committee pending the hiring of a General Manager. Erin Pinto seconds. The motion was rescinded.

e) Judith made the motion that until a better system is devised, the CCC will continue to manage a separate Community Center account maintaining a minimum of $500 so that bank charges do not accrue. The funds in this account will be used for budget

items requiring more flexibility than can be obtained through the County. Erin seconds. Ayes: Judith, Erin. Nayes: Gordon, Steve.

f) Judith Yamamoto made the motion that the Community Center Committee, including the treasurer who resigned recently, will, with the approval of the CSD Board, continue to operate as an interim committee pending the hiring of a General Manager. Erin Pinto seconds. Ayes: Gordon, Steve. Nayes: Judith. Abstain: Erin.

g) S. Shaffer made the motion to rename the Community Center checkbook the "CSD Community Center Account." A separate CSD account which consists of the old Community Center account will be managed by Hazel and the funds will be issued from that account to staff and departments. Judith seconds; ayes all.

9. Roads and Easements a) Steve Shaffer reported that Regan McNeil fixed the lights around the community

center, he put in requested stairs on the easement going down from the corner of Highway One and Sunset worked some more on the easement going from Sunset Way by Margaret Keyes to Pacific - he is waiting for a bid to finish the job.

b) Re: July 26 letter to GGNRA regarding maintenance of easement near west end of Pacific Way running south to Muir Beach - Steve stated that if the GGNRA does not take care of it that the Board does have a responsibility in continuing to maintain it or finding another way to deal with it.

10. Fire Department Report a) Bill Farkas reported that a 3 section 26-foot extension ladder has been ordered. b) Bill reported that a double-jacket hose is required by the County; and because of the

high expense has not been budgeted. He stated that the canvas hose will be pressure-checked, and certified when funding is available a new hose will be purchased.

c) Bill questioned his responsibility re: telling a neighbor to cut down trees that may be a possible fire danger for another neighbor. The Board agreed that it was only necessary to tell that neighbor to contact the County which does have the authority.

d) Bill gave to the Board a check for $5800 from the MBVFD Barbecue. e) Rob Allen's reported re: setting up a non-profit Firemen's Association - after some

discussion S. Shaffer made the motion that the Board accept the Fire Department's proposal based on acceptance by the CSD's legal counsel. J. Yamamoto seconds; Ayes: S. Shaffer, E. Pinto, J. Yamamoto. Abstain: G. Bennett.

11. Community Interest Reports a) S. Shaffer will talk to Tink as a resident, not a Board member re: the green box.




(p

September 16, 1991

Dear Hazel,

If possible I would like to be placed on the agenda for the Muir Beach Community Services District monthly meeting on September 25.

I and two other staff members at Muir Woods NM would like to discuss park issues, new staff, and telephone numbers. I expect my talk would only be 15-30 minutes in length. We would like to be placed near the beginning of the agenda if your timing is flexible.

Thanks.

4~

Glenn R. Fuller District Ranger Muir Woods National Monument 415-388-2596

3



AUGUST 28, 1991



2. Approval of Agenda a) Add 4: Approval of current bills and discussion of Nina White's bill. b) Add to G & A Report: election of new Chair. J. Yamamoto made the motion to put

on the August agenda the appointment of Robin Collier to the Board. E. Pinto seconds. Ayes: Erin, Judith. Nayes: Steve, Gordon.

c) E. Pinto moved to approve the Agenda as amended; S. Shaffer seconds, ayes all.

3. Approval of July 17, 1991 Meeting Minutes a) Add to 5: Gordon Bennett attended the July 15 SDRMA Safety Meeting. b) 10 h change: "bookkeeping" to "ledger sheet." c) S. Shaffer made the motion to approve the minutes as amended; E. Pinto

seconds, ayes all.

4. Approval of Current Bills a) After Nina White explained the submitted bill for clean-up around the Seacape sign,

S. Shaffer made the motion to pay the bill with the regular bills for $121 for 7 hours of labor and dump charge for clearing debris that the CSD in the past has left there. J. Yamamoto seconds, ayes all.

b) S. Shaffer made the motion to approve the bills; E. Pinto seconds, ayes all.

5. G & A Procedures Report a) S. Shaffer made the motion for the CSD Procedures - Budget/Income/Expense/Petty

Cash: 3120/91 CSD Procedures, Page 6 be altered to reflect the following sentence: "Payment for all projects performed by CSD Staff must be authorized by CSD Board prior to the initiation of the project." E. Pinto seconds; ayes all.

b) Finance Officer After some discussion S. Shaffer made the motion to appoint Gordon Bennett as Finance Officer. Judith seconds; Ayes: Judith, Steve, Gordon; Erin abstains.

c) Election of chair: Gordon stated that his official term was up; no one volunteered to chair. S. Shaffer made the motion to nominate Gordon Bennett to continue as Chair through the November meeting. Judith seconds; ayes all.

d) Re: parcel tax - For County Auditor information Hazel and Gordon will meet to discuss what property will be taxed for $150 per/parcel tax.

e) Gordon stated that the MB Fire Dept. volunteers are not covered under the MB State Comp. insurance policy. - Bill Farkas agreed to call fire chiefs of Stinson and Bolinas to determine their policies and report to Gordon his findings.

El

I) Judith stated that she has received more job descriptions for General Manager position. She also stated that MB will be receiving the government code book.

g) Re: General Manager - Leslie Riehi agreed to write a draft job description for General Manager position and give to all staff for review. Judith will send job descriptions she has collected to CSD Board and to Leslie. A special discussion and informational meeting was scheduled for September 18,7 -9 pm.



commend Henry Hyde for proper action taken in buying the pump and consulting with the Chair, the Board agrees to pay the bill from the contingency fund. E. Pinto seconds; ayes all.

b) Re: National Park Service Water Service - S. Shaffer made the motion to accept H. Hyde's recommendation and that Henry will write a letter to John Ryan which agrees with the four terms outlined within Henry's report on page 22 of the packet. Judith seconds; Ayes: Gordon, Steve, Judith; Nayes: Erin.

c) Re: Approval of Interite Project Change Order No. 2- Henry stated that there is a discrepancy with cost break-down. This will be an agenda item for the September meeting when Henry will have more information.

d) Re: Charlottes Way Hydrant Relocation and Upgrade - After some discussion, Judith made the motion to relocate the hydrant because it is consistent with Henry's recommendations; it is appropriate under the Harris Plan; it deepens the main under the road; because it provides a safer location for the hydrant, and a bigger turn-around; and because Robin agrees to do the excavation and that the CSD will take responsibility for the open trench. S. Shaffer seconds, ayes all.


0 Re: Authorization for Design of Harris Project D-4 - Judith Yamamoto made the motion that Henry be authorized to switch D-4 and D-5 and proceed this year with D-4. Steve Shaffer seconds; ayes all.







e) Judith made the motion that until a better system is devised, the CCC will continue to manage a separate Community Center account maintaining a minimum of $500 so that bank charges do not accrue. The funds in this account will be used for budget

5

Pc -

items requiring more flexibility than can be obtained through the County. Erin seconds. Ayes: Judith, Erin. Nayes: Gordon, Steve.

0 Judith Yamamoto made the motion that the Community Center Committee, including the treasurer who resigned recently, will, with the approval of the CSD Board, continue to operate as an interim committee pending the hiring of a General Manager. Erin Pinto seconds. Ayes: Gordon, Steve. Nayes: Judith. Abstain: Erin.



center, he put in requested stairs on the easement going down from the corner of Highway One and Sunset; worked some more on the easement going from Sunset Way by Margaret Keyes to Pacific — he is waiting for a bid to finish the job.

b) Re: July 26 letter to GGNRA regarding maintenance of easement near west end of Pacific Way running south to Muir Beach — Steve stated that if the GGNRA does not take care of it, that the Board does have a responsibility in continuing to maintain it or finding another way to deal with it.


high expense has not been budgeted. He stated that the canvas hose will be pressure-checked, and certified; when funding is available a new hose will be purchased.


d) Bill gave to the Board a check for $5800 from the MBVFD Barbecue. e) Rob Allen's reported re: setting up a non-profit Firemen's Association — after some






(p



AUGUST 28, 1991






b) After much discussion, re: renovation/replacement of the playground. J. Yamamoto made the motion that the CSD approve Alternate E with the following understanding: 1. release $500 immediately for the plan to determine the actual cost of the estimate; 2. the project will not be started until the money is raised, or sufficiently close to cover the estimated cost, 3. the amount of money given by the CSD to this project is $9,473. S. Shaffer seconds; ayes all.

c) S. Shaffer made the motion that the CSD authorize Leslie Riehl, Naomi Schalit and Maureen Ketchum to solicit funds in the name of the CSD for the playground. J. Yamamoto seconds. Ayes: S. Shaffer. Nayes: E. Pinto, J. Yamamoto. Abstain: G. Bennett. S. Shaffer amended the motion: that the CSD authorize Leslie Riehi, Naomi Schalit and Maureen Ketchum to conduct and supervise fundraising for the playground. E. Pinto seconds; ayes all.






Wq j

BILLS SUBMITTED AND PAID AUGUST 30,1991 - SEPTEMBER 18,1991

WATER 9238 Hazel Melo, wages #1003 --------------------------------------$553.84 Henry Hyde,operations svcs. August # 1005 --------------------375.00 Regan McNeil, wages 8/18-9/12 4lhrs.#1028 --------------------- 492.00

routine mileage 137 mi. #2479 ----------------- 31 . 51 reimburse,,min general # 2077 -----------------6.75

it 1 saw blade 1/ 2077 --------------------3.50 Linda Moore, reimburse mileage 20 mi. #2479 ----------------4.40 P.G.& E. svc. 8/19 pump house, #2535 -----------------------495.84

11 number 7 -Seacape # 2535-------------7.50 Forester Pump,Inc. emergency items,replace pump,parts,well

#1 #2077--------------------------------5, 797. 65 Goodman' s, misc tools, supplies #2077-----------------------29.87 No. Marin Water Dist. 2 potable samples tested #2115 20.40

$7,818.26 TOTAL

ROADS AND EASEMENTS 9237 Nina White,reimburse for 7 hrs. clearir..g weeds and dump

charges # 2097 ------------------------James Clark, extra hire 8/23-9/14 42+ hrs. #1073---------- David Beck, extra hire 8/23-8/50 20 hrs. #1073-----------Regan McNeil, reimburse 1 roll min surf -stairway #2094--

" 1 saw chain # 2077 -----------------Goodman's, roofing nails #2094 ------------------------

TOTAL

GENERAL & ADMIN. 9236 Linda Moore, Recording Secty. 15hrs. #1003 -------------

TOTAL -

COMMUNITY CENTER 9239_ P. G . &. E. svc. to 8-19 #2535---------------------------------Reimburse check # 492, 10 cup Carafe replacement # 2077---

" # 495 1 desk for CS]) oi'fice #2366-------- It it # 490,J Gonzaliz,clean Certer,July 2O96--

Pacific Bell, coin box #2534-----------------------------T)iscovery Ofc. Supplies, labor,parts,suplies Copier #2137

$121.00

338.00 160.00

14.44 3.50 10.70

$647.64

$180.00 $180.00

S93.76

23.50 248.07 80.00

34.65

285-111

TCTXL $765 .3

I

(2)

FIRE DEPARTMENT 9240

I N Curtis & SonB, 10 pr. firefighter gloves,#9377 ---------$130.00 1 Western leather glove # 9377 --------36.41

Mann Co; Revenue, Radio shop, antenna,battery # 4093---- 356.86 Change xtal configuration match the County fire #4093 -----------------509.26

SPECIAL T FIRE EQUIPMENT, 10 Wildfire Cap yellow #9377--- 182.50 10 hornex protector # 9377 --- 128.50 10 goggle retaining ring #9377 65.00 10 Bouton goggles # 9377------105.00

7+ tax 34.87

TOTAL $1,548.40

GRAND TOTALS WATER" $7,818.26 Roads 647.64 G.& A 180.00

Comm. Center 765.39 Fire Dept. 1,548.40

$10,959.69

'1


AUDITOR'S REPORT

FINANCIAL STATEMENTS

SUPPLEMENTAL SCHEDULES AND SUPPLEMENTAL INFORMATION

FOR FISCAL YEAR ENDED JUNE 30, 1990

)

10

MUIR BEACH COMMUNITY SERVICES DISTRICT For Fiscal Year Ended June 30, 1990

TABLE OF CONTENTS

Page No. Exhibit

AUDITOR'S REPORT

FINANCIAL STATEMENTS:

Balance Sheet - All Funds and Account Groups

Water Service Fund: Income Statement and Statement of Changes

in Retained Earnings Statement of Changes in Financial Position

Community Services Fund: Statement of Revenues and Expenditures

and Changes in Fund Balance

Fire Protection Fund: Statement of Revenues and Expenditures

and Changes in Fund Balance

NOTES TO FINANCIAL STATEMENTS

SUPPLEMENTAL SCHEDULES:

Water Service Fund: Schedule of Non-Operating Revenues

Compared to Estimated Revenues Schedule of Operating Expenses

Compared to Budget

Schedule of Changes in Utility Plant and General Fixed Assets

SUPPLEMENTAL INFORMATION

Organization

Insurance

1 A

2 B 3 C

4-5 D

6-7 E

8-10

11 F

12 G

13 I

14

15

CHARD S. ARROW, CPA

MILDRED VALENTINE ditor-Controller Assistant Auditor-Controller

Room #209 (415) 499-6154

Board of Directors Muir Beach Community Star Route, Box 221 Sausalito, CA 94965

OFFICE OF THE

AUDITOR-CO N.-TROLLER

County of Mann CIVIC CENTER

SAN RAFAEL, CALIFORNIA

94903

Services District

August 16, 1991

Honorable Members:

We have audited the accompanying financial statements of the Muir Beach Community Services District for the Fiscal Year ended June 30, 1990, listed in the foregoing table of contents. These financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by managements, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the financial statements listed in the aforementioned table of contents present fairly the financial position of all funds and account groups of the Muir Beach Community Services District at June 30, 1990, and the results of the District's operations for the year then ended in conformity with generally accepted accounting principles.

The accompanying supplemental schedules and supplemental information presented on Pages 11 to 15 and the column on the All Funds and Account Groups Balance Sheet captioned "Totals - Memorandum Only" are not necessary for a fair presentation of the financial statements, but are presented as additional analytical data. This information has been subjected to the tests and other auditing procedures applied in the examination of the financial statements mentioned above, and in our opinion, is fairly stated in all materials respects in relation to the financial statements taken as a whole.

Yours very truly,

RIC RD S. ARROW, Au tor-Contr9Fer

¼ 7

ict unjtgaysay D ty A6itor

SA/VS Enclosures /

$72,353 $27,899 1,492 6,224

160,625 162,719 0 0

168,210 168,210 74,770 57,972 69,629 68,225

$547,079 $491,249

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT A Balance Sheet - All Funds and Account Groups June 30, 1990

Assets

Cash Accounts Receivable Utility Plant - Net of Accumulated Depreciation Construction in Progress Building Equipment Paving and Upgrading

Total Assets

General Fixed Assets Water Community Fire

Service Services Protection Community Fire Road Fund Fund Fund Services Protection Improvement

$60,150 $1,909 $10,294 $0 $0 $0 1,492 0 0 0 0 0

160,625 0 0 0 0 0 O 0 0 0 0 0 O 0 0 168,210 0 0 O 0 0 1,477 73,293 0 0 0 0 0 0 69,629

$222,267 $1,909 $10,294

$169,687 $73,293 $69,629

Totals (Memorandum Only) 1990 1989

Liabilities and Fund Equity

Liabilities:

Accounts payable Customer Deposits

Total Liabilities

Fund Equity:

Investment in General Fixed Assets Retained Earnings Fund Balance

Total Fund Equity

Total Liabilities and Fund Equity

$236 $0 $2,460

810 450 0

$1,046 $450 $2,460

$0 $0 $0 0

--------- 0 0 ---------

$0 $0

$2,696 $4,010 1,260 1,098

$3,956 $5,108

$0 $0 $0 $169,687 $73,293 $69,629 $312,609 $294,407 221,221 0 0 0 0 0 221,221 190,316

0 1,459 7,834 0 0 0 9,293 1,418

$221,221 $1,459 $7,834 $169,687 $73,293 $69,629 $543,123 $486,141

$222,267 $1,909 $10,294 $169,687 $73,293 $69,629 $547,079 $491,249

The accompanying notes are an integral part of these financial statements.

-1-


EXHIBIT B Water Service Fund Income Statement and Statement of Changes in Retained Earnings

For Fiscal Year Ended June 30, 1990

Operating Revenues

Water Service Charges Surcharge Connection Fees

Total Operating Revenues

Operating Expenses

Administrative and General Other

Total Operating Expenses

Net Operating Loss

Non-Operating Revenues

Property Taxes Aid from Other Governmental Agencies Other Revenues

Total Other Revenues

Income before Operating Transfers

$30,010 22,554

800

$53,364

$90,906 2,094

93,000

($39,636)

$32,335 32,273 5,313

69,921

$30,285

Operating Transfers

Transfer-In from Community Services Fund Transfer-Out to Road Improvement Fund

Net Income

Retained Earnings, July 1, 1989

Retained Earnings, June 30, 1990

2,025 (1,404)

$30,906

190,316

$221,222


14

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT C Water Service Fund Statement of Changes in Financial Position For Fiscal Year Ended June 30, 1990

Sources of Working Capital

Net Income for Fiscal Year Ended June 30, 1990 $30,906

Items which decreased Net Income but did not require an outlay of Working Capital:

Depreciation 2,094

Total Sources of Working Capital $33,000

Total Uses of Working Capital $0

Increase (Decrease) in Working Capital $33,000

Analysis of Changes in Working Capital

Fiscal Fiscal Increase Year Ended Year Ended (Decrease) 6-30-90 6-30-89 In Working Capita

Current Assets: Cash $60,150 $25,758 $34,392 Accounts Receivable 1,492 6,224 (4,732)

$61,642 $31,982 $29,660

Current Liabilities: Accounts Payable $236 $3,642 ($3,406) Refundable Water Service Deposits 810 744 66

$1,046 $4,386 ($3,340)

Total Working Capital $60,596 $27,596 $33,000


16

Budget Actual

$10,532 $8,352

$0 $31 0 3,222:

$0 $3,253

$0 $1,000

MUIR t±ACH LUMIIUII1IY SLkVIULS UISU(ILI Community Services Fund Statement of Revenues and Expenditures and Changes in Fund Balance


EXHIBIT 0 Page 1 of 2

Actual Over (Under)

Budget

($2,180)

$31 3,222

$3,253

$1,000

Revenues Property Taxes:

Current Secured

Revenue From Use of Money & Property: Interest Rent

Aid from Other Governmental Agencies: County of Mann

Other: Key Fees Donations Copier Income

Total Revenues

Expenditures Services and Supplies:

General Insurance Maintenance Structures Improvement & Grounds

Supplies Bistro Other Equipment & Furnishings Office Supplies & Expense Building & Plant Maintenance Document Reproduction Costs Garbage Removal Contract Services Telephone Contract Services Power Other Expenses

Total Services & Supplies

$0 $92 0 40 0 1,856

$0 $1,988

$10,532 $14,593

$664 $79

4,000 3,209 0 580 0 1,514 0 483

350 78 1,400 1,360 3,063 4,004 350 394 375 356 350 811 0 136

$10,552 $13,004

$92 40

1,856

$1,988

$4,061

($585)

(791) 580

1,514 483

(272) (40) 941 44

(19) 461 136

$2,452

Total Expenditures

$10,552 $13,004

$2,452

lb

S

MUIR BEACH COMMUNITY SERVICES DISTRICT Community Services Fund Statement of Revenues and Expenditures and Changes in Fund Balance or Fiscal Year Ended June 30, 1990

Excess (Deficiency) of Revenues over Expenditures

Other Financing Sources (Uses): Transfer-Out to Service Fund

Excess (deficiency) of Revenues over Expenditures and Other Sources

Prior Year's Adjustment

Fund Balance, July 1, 1989

Fund Balance Available, June 30, 1990

EXHIBIT D Page 2 of 2

Actual Over (Under)

Budget Actual Budget

($20) $1,589 $1,609

$0 ($2,025) ($2,025)

($20) ($436) ($416)

0 280 280

20 1,615 1,595

$0 $1,459 $1,459

—,e accompanying notes are an integral part of these financial statements.

S

17

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT E Fire Protection Fund Page 1 of 2 Statement of Revenues & Expenditures & Changes in Fund Balance For Fiscal Year Ended June 30, 1990

Actual Over (Under)


-Revenues

Property Taxes: Current Secured $8,452 $3,452 ($5,000)

Mandated Costs State $0 $2,399 $2,399

Revenue From Use of Money & Property: Interest $0 $139 $139

Other Revenues: Crafts Concession $0 $3,890 $3,890 Donations 0 2,012 2,012 Other Miscellaneous 0 14,221 14,221

$0 $20,123 $20,123

Total Revenues $8,452 $26,113 $17,661

Expenditures

Services and Supplies Volunteer Support $0 $220 $220 General Insurance 3,385 0 (3,385) Maintenance - Fire Trucks 1,000 286 (714) Maintenance - Radio 0 369 369 Maintenance - Building and Plant 0 168 168 Drug and Medical Supplies 500 0 (500) Gas & Oil 600 33 (567) Office Supplies & Expense 0 2 2 General Recreation Supplies 0 5,981 5,981 Arts & Crafts 0 10,669 10,669

$5,485 $17,728 $12,243

Fixed Assets: Fire Vehicle & Equipment $0 $15,354 $15,354 Fire Fighting Equipment 0 1,444 1,444

$0 $16,798 $16,798

Total Expenditures $5,485 $34,526 $29,041

It

MUIR BEACH COMMUNITY SERVICES DISTRICT Fire Protection Fund Statement of Revenues & Expenditures & Changes in Fund Balance

- For Fiscal Year Ended June 30, 1990

EXHIBIT E Page 2 of 2

Actual Over (Under)

Budget Actual - Budget

$2,967 ($8,413). ($11,380)

0 16,444 16,444

(2,967) (197) 2,770

$0 $7,834 $7,834


Prior Year's Adjustment (Balance of MBVFD Bank Account at 6-30-89)



e accompanying notes are an integral part of these financial statements.

MUIR BEACH COMMUNITY SERVICES Notes to Financial Statements For Fiscal Year Ended June 30,

DISTRICT

1990

Note 1 - Significant Accounting Policies

The accounting principles referred to In the following are required under the State Controller's Uniform Accounting Requirements for Special Districts under Sections 1041.1 - 1043.4 of the California Administrative Code.

The District's financial statements are organized on the basis of an enterprise fund (Water Service Fund) and two governmental funds (Community Services Fund and Fire Protection Fund).

Water Service Fund

Fund Accounting:

Enterprise fund accounting is the prescribed method of accounting for the District Water Service Operations. Enterprise fund accounting is used to account for operations that are financed and operated in a manner similar to private business enterprises where the costs (expenses including depreciation) of providing goods or services to the general public on a continuing basis are to be financed or recovered primarily through user charges or where the governing body has decided that periodic determination of revenues earned, expenses incurred and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes.

Basis of Accounting:

Enterprise funds are accounted for under the accrual basis of accounting where revenues are recognized when they are earned and expenses are recognized when incurred.

Utility Plant (Fixed Assets):

Enterprise fund fixed assets are capitalized in the fund accounts because fixed assets are used in the production of the water services provided by the District. Depreciation of these fixed assets must be recorded to determine total expenses, net income and changes in fund equity.

Depreciation is provided on the straight-line basis. Useful lives are determined in accordance with suggested useful lives as contained in the State of California Uniform Accounting System for Special Districts.

0

Wo

MUIR BEACH COMMUNITY SERVICES DISTRICT Notes to Financial Statements For Fiscal Year Ended June 30, 1990

Note 1 - Significant Accounting Policies (Continued)


The District's Utility Plant is valued at historical cost or estimated historical cost if actual historical cost was not available, and as of June 30, 1990, consisted of the following:

Land $5,044 Water Tank 135,385 Water Lines 16,231 Pumps 23,373 Water Meters 2,168 Hydrants 415 Gas Tank 787

Total Cost $183,403

Less Accumulated Depreciation 22,778

Net Utility Plant $160,625

Community Services Fund and Fire Protection Fund

Fund Accounting:

Governmental fund accounting is the prescribed method of accounting for the District Community Services Fund and Fire Protection Fund. The operations of each fund are accounted for with a separate set of self-balancing accounts which comprise its assets liabilities, fund equity, revenues and expenditures.


Governmental funds are accounted for under the modified accrual basis of accounting where revenues are recognized in the accounting period where they become measurable and available and expenditures are recognized in the accounting period in which the fund liability is incurred.

General Fixed Assets

Under governmental fund accounting fixed assets are capitalized in the General Fixed Asset Account Group rather than in the governmental fund. Community Services Fund and Fire Protection Fund fixed assets are stated at historical cost or estimated historical cost if actual historical cost is not available.

In accordance with generally accepted accounting principles for governmental funds, no depreciation has been provided on general fixed assets.

I

21


Note - Article XIII B of the State Constitution (Prop. 4 Gann Initiative

Under this article, appropriations made by local governments may increase annually by a factor comprised of the change in population and change in the U.S. Consumer Price Index or California per capita income, whichever is less.

The State Department of Finance provides the required change data to the local jurisdictions to calculate their appropriation limits.

A review of the District's calculation of its appropriation limit as prescribed by this article indicated that the District appropriations were within the constitutional limitations.

The foregoing is for informational purposes only and is subject to legislative or other changes.

The District's calculation of its appropriation limit as of June 30, 1990 is as follows:

Appropriations Limit $56,763

Total Annual Appropriations subject to limitation 28,842

Amount over (under) the appropriations limit ' ($27,921)

Note 3 - Muir Beach Volunteer Fire Department's Financial Activities

Starting fiscal year 1989-90, the financial activities of the Muir Beach Volunteer Fire Department will be accounted for in the District's Fire Protection Fund. This was agreed upon between the Volunteer Fire Department and the Board of Directors of the Muir Beach Community Services District. The Volunteer Fire Department conducts fund-raising activities and maintains checking and money market accounts with Wells Fargo Bank which in 'the past were not recorded in the District books.

-10-

$0

$0 0 0 0

$0

$24,472

County: Water System Improvement

Other Revenues Election Rental Fee Meter Box West Mann Emergency Services Miscellaneous Income

Total Non-Operating Revenues Compared to Estimated Revenues

$10,000 $10,000

$60 $60 70 70

5,033 5,033 150 150

$5,313 $5,313

$69,921 $45,449

MUIR BEACH COMMUNITY SERVICES DISTRICT - Water Service Fund

Schedule of Non-Operating Revenues Compared to Estimated Revenues

Fiscal Year Ended June 30, 1990

Estimated Revenues

EXHIBIT F

Actual Over (Under)

Actual Estimated

Property Taxes Current Secured Current Unsecured Prior Secured Delinquent Prior Secured Redemption Prior Unsecured Special District Augmentation Fund Supplemental Assessment-Current Supplemental Assessment-Redemption

$5,316 1,288 630 800 20

14,500 1,268

25

$23,847

$12,578 $7,262 1,289 1 545 (85) 813 13 43 23

15,298 798 1,725 457

44 19

$32,335 $8,488

Aid from Other Governmental Agencies State:

Homeowners' Property Tax Relief

$625

$639 $14

Clean Water Grant

0

21,608 21,608

$625

$22,247 $21,622

Federal: Other in Lieu Tax

$0

$26 $26

-11-

23

- MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT G Water Service Fund Schedule of Operating Expenses Compared to Budget For Fiscal Year Ended June 30, 1990

Actual Over (Under)


Administrative and General

Salaries and Employee Benefits:

Regular Staff Salaries $7,000 $7,536 $536 Extra Hire 16,000 9,938 (6,062) Contract Employees 700 0 (700) Social Security 1,000 1,244 244 Retirement & Employee Benefits 1,200 1,100 (100)

Total Salaries and Employee Benefits $25,900 $19,818 ($6,082)

Services and Supplies:

General Insurance $5,684 $10,401 $4,717 Maintenance Structures, Improvement and Grounds 6,000 10,626 4,626 Building and Plant Maintenance 600 4,579 3,979 Special Maintenance Project 33,609 30,020 (3,589) Postage 600 205 (395) Office Supplies and Expense 150 917 767 Telephone 375 555 180 Utilities - Power 4,650 4,324 (326) Publications and Legal Notices 200 579 379 Contracts & Outside Services 17,000 4,291 (12,709) Professional Services 2,000 2,932 932 Mileage & Routine Travel Expense 400 264 (136) Workmen's Compensation Insurance 1,500 1,395 (105) Miscellaneous 150 0 (150)

Total Services and Supplies $72,918 $71,088 ($1,830)

Other

Depreciation $0 $2,094 $2,094

Total Operating Expenses Compared to Budget $98,818 $93,000 ($5,818)

-12-

124

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT I Schedule of Changes in Utility Plant and General Fixed Assets For Fiscal Year Ended June 30, 1990

UTILITY PLANT

Water Water Water Gas Land Tank Meters Pumps Hydrants Lines Tanks Total

Utility Plant - July 1, 1989 $5,044 $135,385 $2,168 $23,373 $415 $16,231 $787 $183,403

Additions (Deletions) 0 0 0 0 0 0 0 0

Accumulated Depreciation 0 (2,965) (1,197) (8,071) (193) (9,565) (787) (22,778)

Net Utility Plant - June 30, 1990 $5,044 $132,420 $971 $15,302 $222 $6,666 $0 $160,625

GENERAL FIXED ASSETS

Community Road Services Fire Protection Improvement

Community Fire Utility Fire Electronic Breathing Fire Paving Center Truck Truck Equipment Equipment Apparatus Barn Total Upgrading

General Fixed Assets - July 1, 1989 $169,688 $49,694 $500 $976 $3,900 $771 $653 $56,494 $68,225

Additions (Deletions) 0 7,894 0 6,444 2,460 0 0 16,798 1,404

General Fixed Assets - June 30, 1990 $169,688 $57,588 $500 $7,420 $6,360 $771 $653 $73,292 $69,629

MUIR BEACH COMMUNITY SERVICES DISTRICT Supplemental Information For Fiscal Year Ended June 30, 1990

Organization

The Muir Beach Community Services District was organized under Section 61600 of the Government Code, State of California, and approved by the County of Mann Board of Supervisors on July 29, 1958. The chief function of the District is to provide water service to residents

In addition to water service, the District supports a volunteer fire department. It also provides a recreational function in the form of a multi-purpose community services building.

As of June 30, 1990, the Board of Directors was comprised of the following members:

Term Expires Name November

Jonathan league 1993 Judith Yamamoto 1993 Steven Shaffer 1993 Erin Pinto 1991 Gordon Bennett 1991

A current Oath of Office is on file with the County Clerk.

4,

*

MUIR BEACH COMMUNITY SERVICES DISTRICT Supplemental Information For Fiscal Year Ended June 30, 1990

Insurance (Special District Insurance Authority 8-1-89 to 8-1-90) Limits of Liability

Property:

Buildings and Business Repair or Replacement Personal Property Cost Deductible - $2,000

Equipment Deductible - $2,000

General Liability:

Bodily Injury or Property Damage $1,250,000 each occurence Property Damage Deductible - $500

utomobile Liability:

Bodily Injury $1,250,000 each occurrence Property Damage Deductible - $1,000

Workers Compensation Statutory Limit

This resume of insurance is for informative purposes only and should not be construed as providing, interpreting, or confirming coverage under the insurance policy or policies referred to above.

-15-

27

Muir Beach Volunteer F[re Depe.rtmt

MUIR BEACH VOLUNTEER FIRE DEPARTMENT

MINUTES, DRILL AND CALL RECORD FOR 8-16-91 THROUGH 9-11-91

MEETINGS:

8-19-91 Attending: Moore, Parkas, Collier, P. Smith, Felix, Allen, Marshall. Discussion: Committee to build cubicles in firehouse for storage of clothing and turnout gear. Moore to head committee. Truck maintenance. Report by Marshall. Report from Chief Parkas on status of Mettler and Clark as volunteers. Moore to attend county helicopter training exercise 9-10-91. Will report to and train volunteers.

Activities: Communications demonstration by Parkas.

DRILLS:

9-8-91 Attending: Parkas, Felix, Moore, P. Smith, Marshall, Lanier. Also attending: Lt. David Carr, Mann County Fire Department.

Discussion: Proper approach of a fire with a ladder.

Activities: Ladder drill. Approach. Single man set up. Two man set up. Safety. Care and maintenance.

CALLS:

8-25-91 Medical Call / Muir Woods Headquarters. Responding: Parkas, F. Smith, Felix, Marshall. Details: Dislocated knee. Volunteers immobilized patients leg. Family transport to Mann General.

8-26-91 Smoke Check / Hwy 1 Muir Beach Area. Responding: Allen, Parkas, Sward, Marshall, Moore, F. Smith, Felix. Details: False Alarm.

8-29-91 Medical Call / Pacific Way Responding: Sward, P. Smith, Moore, Marshall, Lanier. Details: Elderly patient accidentally drank a cleaning product. Volunteers responding found the patient conscious. County transport to hospital for observation.

9-2-91 Medial Call / Pelican Inn Responding: Allen, P. Smith, Felix Details: Bee Sting. Volunteers observed patient. Released.

W.

10-


BOX 221 STAR ROUTE • SAI'SALITO. CALIFORNIA • Q496S

N( ).HI) OF IWHECTORS

September 10, 1991

Bob Baker, State Compensation Insurance Fund P0 Box 2407 1450 Neotomas Avenue Santa Rosa, CA 95405

Re: Worker Comp for Volunteer Firemen

Dear Mr.Baker:

Per our phone call of today, please find enclosed the Code Sections authorizing our Community Services District to execise Fire Protection authority. A separate Muir Beach Fire Protection District does not exist. The Muir Beach Volunteer Fire Department operates under the authority of the Muir Beach Community Services District Board of Directors. The MBCSD Board of Directors is the Governing Board of the MBVFD and as such appoint the MBVFD Fire Chief.

For your records, our current roster is eleven: Freebairn-Smith, Sutton Sward, John Allen Rob Moore, Michael Collier, Aran Farkas, Bill (Chief) Marshall, Ted Clark, Bryan Felix, Mark Rudnick, Peter Lanier, Sidney

Please initiate coverage immediately. If you have any further questions on this matter, please call me at 415-389-1628.

Sincerely,

-.90)k\ GWO Gordon Bennett, Chair, MBCSD Board of Directors

Members of the Muir Beach Community Service District Board:

The Muir Beach Volunteer Firemen past and present, their families, community members and the general public thank you for your past and continuing support of the Muir Beach Volunteer Fire Department.

Volunteer firefighting has a long history and deep rooted tradition in American rural communities. Volunteer firemen devote themselves to rigorous training in both emergency medical aid as well as firefighting. Volunteer firemen spend numerous nights away from their families responding to emergencies in their communities, risking health and at times their lives, without monetary compensation. People that are willing to devote this kind of time and energy on behalf of their neighbors are somewhat rare and truly an asset to any community. Although volunteer firefighters are unpaid they do not remain uncompensated. Knowing that one has helped save a life or preventing a minor fire accident from becoming a major catastrophe can be the greatest compensation of all.

The Muir Beach Volunteer Fire Department has a 20 year history in Southern Mann County. From rather meager beginnings the department now boasts a compliment of 10 very committed volunteers, two well maintained modern fire apparatus, Cal Osha compliant firefighting turn out gear for all volunteers, state of the art communications equipment and a pager for each volunteer, two complete emergency medical bags("five minute packs"), rope rescue equipment, along with numerous other equipment and physical assets.

In addition to the equipment and regular maintenance, the department has undergone significant improvements in organization, operation, record keeping and training. Most volunteers recently completed the 60 hour First Responder emergency medical training course taught by Jim Irving of the Mill Valley Fire Department. We have developed a regular training schedule which includes two interagency drills per month with personnel from the Mann County Fire Department.

It has been recently brought to our attention that the financial aspects of the department are under some question and the use of our check book for equipment purchases, etc. may be "illegal". Although no one has questioned the integrity of the department or it's officers it has been suggested by an outside arbitrator that an "association" would solve any problems in control, financing and liability of the MBVFD and it's parent the MBCSD.

3',

THE MUIR BEACH VOLUNTEER FIREMEN'S ASSOCIATION

While the MBVFD would continue to operate as a volunteer fire department and the control of expenditures, funding and assets would remain with the CSD, the newly created Muir Beach Volunteer Firemen's Association would act as a separate and distinct non-profit fund raising organization. The main function of the association will be to raise funds for the operation of the department.

We as officers of the Muir Beach Volunteer Fire Department, with unanimous support from our volunteer firefighters, respectfully request that the CSD board take into consideration and vote on at the earliest possible time, the following proposal:

The Muir Beach Community Service District authorize the establishment of the Muir Beach Volunteer Firemen's Association as a nonprofit fund raising organization.

The Muir Beach Community Service District pay the costs of establishing the association (attorney's and filing fees) not t exceed $2000.

The Muir Beach Community Service District loan the newly created Muir Beach Volunteer Firemen's Association $5000. from current fire department operational fund as seed money to be paid back to the fire department operational fund over two years at 5 interest annually with no acceleration clause or prepayment penalty.

In return the association membership will continue to operate the fire department with the CSD acting as the oversight body in regard to actual operational costs and equipment purchases. Assets of the department shall remain with the CSD. The association will be a separate non-profit organization and will donate an unspecified portion of proceeds from the annual BBQ to the fire department's operational fund to offset taxpayers cost of operating the department.

1

The members of our department and we hope a majority of the CSD board, will see that this is an incredible deal for the community. In return for a one time $2000. expenditure and a $5000 loan (that will pay back $5500.), our community will insure continued financial health for the fire department and freedom from the financial and legal problems that have hampered continued growth and improvement of the department. It gives the community continued access to the outstanding fund raising efforts of the volunteers, access to the Burton Fund grants which typically run between $8-12000 annually and access to additional outside grants.

We urge your support.

Please act upon our behalf and on behalf of the safety of our community.

Please vote for the establishment of the Muir Beach Volunteer Firemen's Association.

With thanka. ,7

William Farkas, Chief

Robert Men,

Please see attached check book accounting.

132

Muir Beach Volunter Fire Department

Check book as of 8-10-91

Approximate Cash Balance

To donate to CSD for operations Purchase of 24' ladder from "Basic Instinct" Seed money for newly created association Communications equipment repairs Rope rescue equipment Medical equipment Firemen's fund raising dinner

Approximate unspent or uncommitted cash

$15313-00

<5800.00> <2000.00> <5000.00> <800.00> <256.00> <278.00> <300.00>

$879.00

-33

Office of Emergency Services Room 276, Civic Center San Rafael, CA 94903

(4151 499-6584

September 10, 1991

TO: rum Distribution List

FROM: ter H. ke, Deputy Director

SUBJECT: Maria Emergency Management Forum

We hope that you will be able to join us at the Emergency Management Forum on Thursday, October 3rd. At the Pt. Re yes Fire Station. Please note that the meeting will be from 1000 - 1200 on this occasion; to allow for the long trek

Principal agenda items will be a guided (by Mari. Stone) tour of West Mar/n 's emergency facilities and overview of their planning. We can all probably learn something from these folks:

9-1


BOX 221 STAR ROE TE . SAIISALITQ. CALIFORNIA . 965

N.HI) OF IWHECTOHN

September 17, 1991

F

Special District Risk Management Association Attn: Lynn Evans 2400 Venture Oaks Way, Suite 460 Sacramento, CA 95833-3291

Dear Lynn:

Enclosed is the Muir Beach Community Services District's most current audited financial statement, recently received from the Mann County Auditor's Office. This should enable you to finalize the paperwork on the Bond for our Fire Truck registration.

Please call me at 415-389-1828 if you have any further questions.

Sincerely,

Gordon Bennett, Chairman. Muir Beach Community Services District

Alta California Special District Seminars

presents

A one-day workshop for

SPECIAL DISTRICT DIRECTORS AND STAFF

September 13 REDDING, CA Law Offices of Harrison Smith, 1267 Willis Street

October 3 YREKA, CA Yreka Community Theater Center 810 North Oregon Street

October 31 NOVATO, CA Bel Mann Keys Community Services District 4 Montego Key

November 15 EUREKA, CA Humboldt Bay Harbor, Recreation & Conservation District, 601 Startae Drive

9:00A.M.-4:00P.M.

Tuition: $75.00 per participant (Includes handout materials; does not include lunch)

Participants will become familiar with the following topics:

Legal foundations for special district government Functions and responsibilities of the Board of Directors (both inside and outside Board Meetings) Director Liability Conflict of Interest Board/staff relations Records retention and destruction Handling disruption at meetings The Brown Act, review and update Personnel Policy Manuals and Administrative Codes

Whether new or experienced to special districts, participants will benefit from the:

—well-rounded program —examples of situations common to special districts —extensive handout materials —feedback from workshop participants —chance to meet informally with other special district members

11

Who should attend?

Directors/Trustees/Commissioners Board Officers Managers Administrative Assistants Clerical staff Consultants

+ Anyone interested in how special districts function

The Workshop leader, Betty Harrison-Smith, is a consultant for special districts, providing both seminar/workshops and individual board workshops and retreats. She is a Director on both the California Special Districts Association and the Northern California Special Districts Association, and is a Past President of CSDA. She is also a Director on the Shasta Community Services District Board and the Special District Risk Management Authority. She is the Office Manager at the Law Offices of Harrison Smith, and is an instructor at Shasta Coflege, Redding.

For further information, contact the instructor:

Betty Harrison-Smith Alta Calif. Special District Seminars P.O. Box 367 Shasta, CA 96087 916-246-1222 FAX 916-241-1941

In Cooperation with the California Special Districts Association

Recommended by the Northern California Special Districts Association

57

California pecial Districts Association

Presents eloping and Imp1ementin an

Administrative Code"

San Diego Hilton Resort & Tennis Club August 15-16,1991

Clarion Hotel/San Francisco Airport October 17-18,1991

PURPOSE

The purpose of this workshop is to provide a basic foundation for understandin the need for administrative code and operational policies (rules and regulations) governing special districts; the process for writing, adopting and implementing policies for special districts; and the legal considerations and constraints involve in that process.

OBJECTIVES Participants will:

• Learn how to establish aprocess by which their district can develop a compr, hensive administrative code for more efficient and equitable management and operation;

• Be assisted in modifying specific policies from CSDA's Sample Policy Hand book for adaption to their unique situation;

• Develop skills for drafting efficient and complete policy statements;

• Acquire an understanding of the need for policies and how they can be a resource for decision makers, administrators and agency constituents;

• Strengthen their competence in drafting policies which will effectively çlefii the manner and method in which district procedures, operations and services will be performed;

• Examine current legal constraints affecting personnel policies and other controversial policies;

• Improve their management skills to streamline their agency's procedures ant make its provision of services more efficient.

October 17-18, 1991 it Clarion Hotel

San Francisco Airport CALIFORNIA SPECIAL DISTRICTS ASSOCIATIOI

Who Should Attend Registration Information Board Members, General Managers, Assistant Managers, Administrative Assistants, Register now by completing the registration form below. Registration request. Personnel Directors, Office Managers, Department Supervisors, Legal Counsel and anyone 13, 1991 for Workshop #1 or October 15, 1991 for Workshop #2 will be subject who needs to have a better understanding of the process by which policies are written, availability and a $10 fee increase.

adopted and implemented in special district governmental organizations.

Workshop Format 'Developing and Implementing an Administrative C(

Through presentations, case studies, sample policies and question and answer sessions, you San Dtego Hilton Thursday Friday Resort & Tennis Club

will acquire the resources, techniques and skills for effectively developing your agency's 800 - 1000 Seminar Registration/ Refresh- 800 - 900 Retre,h,n, San Die o ments 900 9:30 Operation manual of policies; and, for strengthening your influence and success as an administrator. August 15-16, t91 . .

9:00 - 915 Introductions 930 . 1030 Policies Al:

9:45 - 10:15 Necessity & Impacts of Adminis- Director', Workshop Leaders trative Codes for Special Districts 10:30 - 11:15 Policies

Michael C. Glaze, MPA, is an experienced professional public administrator, public agency 10:15 . 1045 Complications & Difficutties of Facil,t,,-

Associated With Policy Adoption 11:45 - 2:00 Evaluation management consultant and conference speaker. He is presently General Manager of Lake 1045 - 12:00 Legal Considerations in Policy

Oroville Area Public Utility District, and has been a Public Administration instructor at Development & Application

CSUIChico. Glaze is on the Board of Directors of CSDA and serves as the Chair of CSDA's 1200 100 Lunch (included) Clarion Hotel/

Education Committee. He served for nine years on the Oroville School District Board of 100 i 1-30 Policy Development Methodology San Francisco Airoort

Education and as a member of the State Senate Comission on Property Tax Equity and Millb 1:30 - 2.30 General Administrative Policy

October 17-18, 1 rae 991 2:30 - 5:00 Personnel Policies Revenue.

Jeffery A. Meith,JD, is a practicing attorney and partner in the law firm of Minasian, Registration Form - - - - - - - - - - - - - - - - - - - - Minasian, Minasian, Spruance, Baber, Meith and Soares. He specializes in representing water, sewer and board directors, "Developing and Implementing an Administrative Code" municipal agencies, providing general counsel to their of drafting contracts and other legal documents, representing them in personal injury, eminent

.: ,. domain and contract litigation, as well as representing them before various state agencies. Please check box of the seminar you will be attending

Meith received his law degree from the University of California, Davis School of Law. San Diego Hilton L1 Clarion Hotel/San Francisco Airport August 15-16,1991 October 17-18,1991

Workshop Location Workshop #1 will be held at the San Diego Workshop #2 will be held at the Clarion Hotel/

NAME Fees

Hilton Resort and Tennis Club. San Francisco Airport. The hotel is located at DISTRICT U CSDA Member $15000 The hotel is located at 1775 East Mission 401 E. Millbrae Avenue in Millbrae. For hotel Bay Drive in San Diego. For reservations accommodations call (415) 692-6363.

(includes morning refreshments and luncheonl ADDRESS

call 1-800/HILTONS. The hotel can be U Non-CSDA Member $20000 reached directly at (619) 276-4010. CITY Includes morning refreshments and luncheon)

Cancellation Policy STATE/ZIP Total Enclosed:

Only cancellations received three days prior to the seminar date receive a full refund less a TELEPHONE

$10 processing fee. PLEASE RETURN TO: CSDA • 915 L STREET, SUITE 1000 • SACRAMENTO, CA 95814 • (916) 442-7

Novato manager to retire

:'LOngtime city leader to leave next year By Dennis Wyss

Independent Journal reporter

After 17 years steering clear of bruising development battles in Novato, City Man-ager Philip J. Brown said Tuesday he will retire next year.

"I'll be 63 years old," Brown said in an-nouncing he will retire from the $87,467 per year job between July 1, 1992, and Jan. 1, 1993. "It's time."

Brown informed the City Council of his plans in a letter dated Monday.

"I am now frankly looking forward to a dif-ferent lifestyle which will include a somewhat less hectic pace, travel, working with my peers, and serving Novato in other less formal ways," Brown wrote.

Gives city a year's notice Brown said that political considerations

and allowing the city abundant time to find his successor were the reasons he an-nounced his retirement a year before it will take effect.

"I wanted to make it crystal clear that I had been planning this for some time, and that there's no connection between my re-tirement and the next (City Council) elec-tion," he said. "I don't want the current council tarnished by my retirement, and I don't want it construed as a statement about the candidates in the next election."

Mayor Bill Cope said Brown's an-nouncement was not unexpected. Brown had mentioned to council members re-cently that he was thinking about step-ping down, Cope said.

"But he'll be sorely missed and not easi-ly replaced," Cope said. "He's done a su-perb job, brought stability to who knows how many councils, and the proof in the pudding is how long he's been here."

Three-term councilman Hugh Turner praised Brown's ability to operate effec-tively in the pitched growth and no-growth battles that have marked Novato civic affairs during Brown's tenure.

"4s city manager, you go with the coun-cil 4ajority and as that majority changes every two years, Phil's been able to be very upfront with all of us and has supported all of us in an even manner," said Turner, who plans to retire from the council at the end of his current term. "He's been an out-standing city manager for our town, and we've been lucky to have him."

39 years of public service Brown has worked in public service for

39 years. He graduated from San Francis-co State University in 1957 with a busi-ness degree. That year, he went to work as an administrative assistant and assistant city manager for Daly City. He also served as city manager for the California cities of Madera and Arcata.

Brown came to Novato in May 1974 from Lampman and Associates, a munici-pal consulting firm.

Brown said a major achievement during his tenure was the move of Fireman's Fund Insurance from San Francisco to Novato, along with location of other corporate of-fices and light industry in the city.

He said the future of Hamilton Field would be crucial to Novato, and that the new Vintage Oaks Shopping Center, when completed, would help make Novato a self-contained community.

Brown said he would recommend that the council use an executive search firm to find his replacement. He added that he plans to stay in Novato with his wife, Jean and children Rob, a student at Santa Rosa Community College, and Marni, a student at Petaluma High School.

interested in serving as interim city man-ager in cities between chief executives.

"When I retire, I'm not goingto drop off the face of the earth," Brown said. "I've spent my life in public service, and this way I can have the best of both worlds."

BROWN: Seeks less hectic pace

• • i

TRINITY COUNTY PUBLIC UTILITIES DISTRICT

"ENE%k~"

TYPE OF WORK PERFORMED

The General Manager is the chief administrative officer of the board and is responsible to the Board for representing, managing, and directing the district's operation consistent with the obectives icies and budgets established ~bth;e .B.Qard. The General Manager is also responsi e evg and recommending to the board t range plans, plicies, and strategytQ furt er promote the needs and purpose

or the district consistent with the governing laws.

Subject to the general direction of the board, the General Manager has the responsibility and authority to:

1. Ensure that statutes and governmental rules and regulation pertaining to or affecting District operations, and covenants of Board ordinances and resolutions are complied with.

2. Develop, establish, and staff an organization structure to fulfill Board objectives.

3. Approve all operating and capital expenditures in accordance with Board policy.

4. Prepare and recommend to the board necessary reports setting forth the District's needs and objectives, including short range and long range plans to maintain the adequacy of its power and of all services, the sufficiency of its physical plant and the efficiency of its operational methods; and provide detailed plans and cost estimates for the development work, extensions, additions, renewals and replacement of the systems to attain such Board objectives.

5. Direct preparation of annual budgets for the District forecasting fiscal requirements and submit other financial data as required to keep the Board fully advised of the District's financial condition and needs.

6. Certify to the Board all bills, allowances, payrolls and claims against the Board.

7. Maintain working relationships with appropriate officials at the local, county, state, regional and federal levels to further and promote the needs and objectives of the Board.

51

General Manager -- Cont. Page 2

TYPICAL DUTIES PERFORMED (Cont.)

8. Direct negotiation and administration of Employee Contracts and recommend changes and alterations to the Board.

9. Direct preparation of an agenda for each Board Meeting.

10. Supervise and control administration of bidding, purchasing and contracting procedures in accordance with board policies.

11. Sign and execute legal documents, contracts, agreements, etc., as necessary to carry out the policies of the Board.

12. Select, transfer, promote and release all District • personnel under his direct supervision; recommend to

the Board all compensation and benefits for District personnel.

13. Recommend to the Board tariffs and service policies that will provide revenues to the Board sufficient to meet its costof operation, expansion and all other

• necessary expenditures.

(ELATIOS

In discharging his responsibilities, the General Manager maintains the following relationships:

1. BOARD

The General Manager is accountable to the Board for interpreting and carrying out the above responsibilities and other duties assigned by the Board.

2. FINANCIAL ADVISORS

Coordinate as required with the Board's financial advisors on obtaining of funds and pledging of security in accordance with authorization of the Board.

3. ATTORNEY

Coordinate with the Board's attorney with respect to all legal matters and/or documents affecting the District's operation.

4. CONSULTING ENGINEER

Coordinate with and direct Consulting Engineers on planning and design of system facilities and review results for engineering soundness, feasibility, practicality and cost effectiveness. 42.


RELATIONSHIPS (Cont.)

5. AUDITOR

Coordinate with the Board's External Auditor on all matters involving financial control and accountability.

6. OTHER MEMBERS OF MANAGEMENT

Delegate, direct and coordinate members of the management staff as required to effectively discharge the General Manager's responsibilities and authority.

7. EXTERNAL

Contacts outside the District are required with other Agencies, both public and private, related Trade Associations, and City, County, State, Regional and Federal Officials.

SALARY

Forty Three Thousand ($43,000.00) per year plus such further merit and cost of living increases as may be approved by the Board from time to time as well as benefits which have heretofore or may be authorized in the future.

MINIMUM QUALIFICATIONS REQUIRED

Working knowledge of management theory and practices. Working knowledge of public utility organization and practices. Ability to plan, direct and coordinate a varied work program on a large scale. Ability to gain and retain effective working relationships with the Board, Staff and employees, and with the community at large and other public and private officials. Ability to maintain effective public relations, and to communicate effectively orally and in writing.

INDICATORS OF PREPARATION FOR WORK

Administrative experience in the planning, coordination and financing of varied activities, preferably in a public utility; educational background with course concentration in management and engineering; management experience in supervising, directing and coordinating a diverse staff, preferably in the public utility field.

43

P1 tLr4(4f P&JO, - ,

4 ri'. •/' ?' I

DIVISION VI

DUTIES OF BOARD OFFICERS AND APPOINTMENTS

Sections: 1.6.010 Duties of President 1.6.020 Duties of Secretary 1.6.030 Duties of General Manager 1.6.031 Authority 1.6.032 Relationships 1.6.033 Salary 1.6.034 Minimum Qualifications Required 1.6.035 Indicators of Preparation 1.6.040 Duties of Treasurer/Accountant 1.6.050 Duties of the Fire chief 1.6.060 Duties of the Assistant Fire Chief

1.6.010. DUTIES OF THE PRESIDENT. The President of the Board shall preserve order and decorum and shall decide questions of order, subject to appeal to the Board of Directors. The President shall sign all contracts on behalf of the District, and in his abserise, the Vice President shall sign any contract.

1.6.020. DUTIES OF THErSECRETARY. The Secretary of the Board shall prepare and mail to each person entitled thereto a copy of agenda, minutes of the preceding meeting, and notices of meeting. The Secretary shall prepare minutes for adoption by the Board of Directors setting forth all actions taken by the Board and shall preserve minutes and other records of actions of the governing Board. The Secretary shall countersign all contracts on behalf of the District.

1.6.030. DUTIES OF THEENERA'LANAGER. The General Manager is the chief administrative officer of the board and is responsible to the Board for representing, managing, and directing the district's operation consistent with the objectives, policies, and budgets established by the Board. The General Manager is also responsible for developing and recommending to the board long and short range plans, policies, and strategy to further promote the needs and purpose of the district consistent with the governing laws.

1.6.031. AUTHORITY. The General Manager shall have the authority as follows:

a) To make management decisions in conformity with Board established District policies, management objectives, and plans;

b) Ensure that statutes and governmental rules and regulations pertaining to or affecting District operations, and

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covenants of Board ordinances and resolutions are complied with. c) Prepare and recommend to the board necessary reports

setting forth the District's needs and objectives, including short range and long range plans to maintain the adequacy of its power and of all services, the sufficiency of its physical plant and the efficiency of its operational methods; and provide detailed plans and cost estimates for the development work, extensions, additions, renewals and replacement of the systems to attain such Board objectives.

d) Establish District positions and job descriptions and set compensation levels, subject to periodic review by the Board;

e) Employ, discharge, and direct the activities of all District employees;

f) Retain and dismiss consultants for projects approved by the Board of Directors; and

g) To accept, on behalf of the District, easements and other real property rights and interests for effective performance of the District's legitimate functions. The Board reserves to itself the sole authority to convey real property or real property rights.

h) Approve all operating and capital expenditures in accordance with Board policy.

i) The authority to manage District financial operations and to expend District funds in conformity with a Board approved annual District budget. The budget shall be proposed by the General Manager in a form and at a level of detail determined by the Board. Upon Board approval of the budget, the General Manager shall have the discretionary authority to transfer funds for capital replacement and improvement projects up to the limits established for each project in the District budget. The General Manager shall promptly inform the Board when revenues or expenditures vary from the budget, and proposed corrective action if appropriate. The General Manager shall review the budget status, revenue, and expenditure patterns monthly for the Board.

j) Certify to the Board all bills, allowances, payrolls and claims against the Board.

k) The authority to expend District funds, without prior Board approval, for budgeted non-emergency items not specifically enumerated, in amounts not to exceed five hundred dollars ($500.00) per project.

1) The authority to expend District funds when an emergency occurs which adversely affects, directly or potentially, the ability of the District to perform its services, which puts District property or personnel in jeopardy, or which may jeopardize the health and safety of the community and its residents. The General Manager shall determine that an emergency exists and shall take whatever steps and expend whatever funds he deems necessary to meet the emergency. At the earliest opportunity, in no event longer than 24 hours, the General Manager shall inform the Board President of the emergency and the steps he has taken and expenditures he has incurred to meet it.

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m) Maintain working relationships with appropriate officials at the local, county, state, regional and federal levels to further and promote the needs and objectives of the Board.

n) Direct negotiation and administration of Employee Contracts and recommend changes and alterations to the Board.

o) Direct preparation of an agenda for each Board Meeting.

p) Supervise and control administration of bidding, purchasing and contracting procedures in accordance with board policies.

q) Sign and execute legal documents, contracts, agreements, etc., as necessary to carry out the policies of the Board.

r) Select, transfer, promote and release all District personnel under his direct supervision; recommend to the Board all compensation and benefits for District personnel.

s) Recommend to the Board tariffs and service policies that will provide revenues to the Board sufficient to meet its cost of operation, expansion and all other necessary expenditures.

t) The General Manager shall also perform any other duties imposed by the Board.

1.6.032. RELATIONSHIPS. In discharging his responsibilities, the General Manager maintains the following relationships:

a) BOARD. The General Manager is accountable to the Board for interpreting and carrying out the above responsibilities and other duties assigned by the Board.

b) FINANCIAL ADVISORS. Coordinate as required with the Board's financial advisors on obtaining of funds and pledging of security in accordance with authorization of the Board.

c) ATTORNEY. Coordinate with the Board's attorney with respect to all legal matters and/or documents affecting the District's operation.

d) CONSULTING ENGINEER. Coordinate with and direct Consulting Engineers on planning and design of system facilities and review results for engineering soundness, feasibility, practicality and cost effectiveness.

e) AUDITOR. Coordinate with the Board's External Auditor on all matters involving financial control and accountability.

f) OTHER MEMBERS OF MANAGEMENT. Delegate, direct and coordinate members of the management staff as required to effectively discharge the General Manager's responsibilities and authority.

g) EXTERNAL. Contacts with other Agencies, both public and private, related Trade Associations, and City, County, State, Regional and Federal Officials.

Ii) FIRE CHIEF. Coordinate with the Fire Chief

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concerning matters of budget, equipment purchase, equipment maintenance and see that the Board receives in a timely fashion monthly reports as to the activities of the Fire Department, upkeep of its equipment and state of preparedness. The District Manager shall coordinate all maintenance functions for vehicles with the maintenance superintendent to ensure that the Fire Department's equipment is function efficiently and that the work is done within the District's budget.

1.6.033. SALARY. [Reserved]

1.6.034. MINIMUM QUALIFICATIONS REQUIRED. a) Working knowledge of management theory and practices. b) Working knowledge of public utility organization and

practices. - c) Ability to plan, direct and coordinate a varied work

program on a large scale. d) Ability to gain and retain effective working

relationships with the Board, Staff and employees, and with the community at large and other public and private officials.

e) Ability to maintain effective public relations, and to communicate effectively orally and in writing.

1.6.035. INDICATORS OF PREPARATION FOR WORK. Administrative experience in the planning, coordination and financing of varied activities, preferably in a public utility; educational background with course concentration in management and engineering; management experience in supervising, directing and coordinating a diverse staff, preferably in the public utility field.

1.6.040. DUTIES OF THETREASURER/ACCOU1TANT. The Treasurer/Accountant shall install and maintain a system of accounting that shall completely and at all times show the financial condition of the District.

1.6.050. DUTIES OF THE f'IREtHIEF. a) The Fire Chief shall take command of the Fire

Department whenever on duty at fires, drills, or parades. He shall be responsible to see that all fire apparatus is in good order and repair and is ready at all times for service.

b) The Fire Chief shall inquire into the cause of every fire occurring within the boundaries of the District, and keep a record therof. He shall report violations relating to the prevention and extinction of fires, and perform such other duties as may by proper authority be imposed upon him. He must make all attempt to prevent injury to, take charge of, and make a list of all property rescued from a fire, and return the same to the owner thereof.

c) The Fire Chief shall call drills of the Department

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at least once a month and at regularly scheduled times in such a fashion as to have the members of the Department in peak condition, efficiency and knowledge.

d) The Fire Chief shall report monthly to the General Manager and cause such report to be delivered in writing or in person to the Board of Directors.

1.6.060. DUTIES OF THESSISTANT FIRECHIEF. a) The Assistant Fire hie shall assist the Fire Chief

in the discharge of his duties. In the absence of the Fire Chief he shall discharge the Fire Chief's duties and/or officiate in that capacity.

b) The Assistant Fire Chief shall be responsible for the routine maintenance and inspection of all Department equipment and shall keep written records of such maintenance and inspection, and report monthly .to the General Manager.

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Inverness Public Utility District

PERFORMANCE. EVALUATION: GENERAL MANAGER

Emp!oyee Being Evaluated:____________________________________

Period covered by review:_____________________________________ Rate evaluation on a score of 1 to 5 1 = Poor, needs improvement 3 = Average 4 Above average 5 = Excellent

Rating

1. Overall management and administration of District, Water System, Fire Department.

Comments:

2. Fiscal (accounting, bookkeeping, accounts payable, accounts receivable, payroll, banking).

Comments:

3. Board/Committees support and administrative services(policy execution, minutes, notices, resolutions, ordinances, office services).

Comments:

4. Office and personnel management.

Comments:

5. Water system operational management

Comments:

ED

6. Water system capital projects management.

Comments

7. Liaison with other agencies and vendors (County, State, Federal, auditor, bookkeeper, Bof A accounts receivable system, other Districts, legal counsel, insurance agent, service and supply vendors, contactors, etc.).

Comments:

8. Public relations (relations with water customers, community, local organizations, etc.).

Comments:

9. Planning, forecasting.

Comments:

Recommendations for Improvement:

Salary: Present

Recommendation

The above evaluation has been reviewed with employee and recommendations for improvement (if necessary) in job performance have been made.

Employee: Date_________________________

Evaluator: Date

Evaluator:

Date

'/qIc1i Draft, 10/9/86


DISTRICT MANAGER JOB DESCRIPTION S if s

(Adopted, 10/15/86)

Leal L 6

Office of General Manager cJ8 11

Office of Clerk of the Board Ex officio Secretary to the Board 1-1I

Ira Lines of Authority

Reports to Board of Directors tti Following positions report to District Manager: Office manager Administratively, fiscally & operationally Chief system operator Fire Chief Administratively & fiscally only

Performance Reviews

Reviewed by Board of Directors (Personnel Committee) Following positions reviewed by District Manager:

Office manager Chief system operator Water system operators & laborers (in consultation with C.S.O.) Fire chief

Principal Responsibilities

1. Overall management and administration of District, Water System, Fire Dept.

2. Fiscal (accounting, bookkeeping, accounts payable, accounts receivable, payroll, banking)

3. Board/Committees support and administrative services (policy execution, minutes, notices, resolutions, ordinances, office services)

4. Office and personnel management


6. Water system capital projects management

7. Liaison with other agencies and vendors (County, State, Federal, auditor, bookkeeper, BofA accounts receivable system, other districts, legal counsel, insurance agent, service and supply vendors, contractors, etc.)

8. Public relations (relations with water customers, community, local organi- ations, etc.)

9. Planning, forecasting

Level

District Manager is an exempt, half-time position (20 hours per week), with holidays, vacation days accrual and sick leave days accrual on a 50% basis.

// /C 7'k-'/

EEL MARIN KEYS CO!*tTfl4ITY SERVICES DISTRICT

JOB DESCRIPTION: GENERAL MANAGER AND SECRETARY TO THE BOARD

Score

The General Manager and Secretary to the Board is responsible for planning, organizing, directing and coordinating the administrative and operational activities of the Community Services District, with categories of duties to include, but are not limited to, the following:

1. Conduct studies, prepare reports, as needed and as requested by the Board.

2. Determine work flow, analyze needs and serve as liaison to the County and other government agencies and to the Be]. Mann Keys Community for daily operation of the District.

3. Prepare the Board minutes and agendas in consultation with the Board President.

4. Maintain budgetary and fiscal controls by auditing and submitting for Board approval the payment of vouchers and invoices for materials and services received.

5. Provide a status of monthly expenditures and reports to the Board on the condition of fund accounts.

6. Direct and coordinate building maintenance, office management, purchasing and inventory control.

7. Negotiate usage with outside groups for' the Couunuiity Center and maintain a calendar for such usage.

8. Provide general continuity and coordination of the day-to-day administrative activities.

9. Refer to appropriate person, entity, or to the Board communications made regarding public improvements.

10. Investigate alleged violations of the CC&Rs and make recommendations to the Board.

11. Attend Board meetings.

12. Attest to all resolutions and ordinances and carry out any other duties required by law as secretary to .the Board.

3.

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Manager Responsibilities and Duties as Secretary to the Board:

Office Hours

Maintain office hours of 9:00 a.m. to 3:00 p.m. Monday through Friday. These hours should be posted and the Manager available accordingly. If the office must be closed during these hours, the President or a designated Board member should be advised.

Office -Management

1. Mail and Correspondence

* Date each piece of incoming mail, correspondence and ACC plans upon receipt.

* Prioritize mail. Letters requiring Board response should be accompanied with background information needed to respond appropriately and given to the President.

* Correspondence requiring immediate action by the Board should be stamped "urgent" and distributed to the members A.S.A.P. All other correspondence should be accumulated and copies given to Board members one week before the next Board meeting.

* Draft letters for the President's signature or other designated Board members, where applicable.

* Draft letters, signed by the Manager, as directed by the Board, and as required to carry out District business. Carbon copy all Board members with letters signed by Directors or by the Manager.

* Organize a filing system and keep all records in accordance with County procedure.

2. Telephone Management

* Keep a log with a brief description of discussions or actions to be taken on each call.

* Listen to recorder immediately after office has been closed and reopened.

* Respond to calls in a timely manner. If the office must be closed during posted office hours, change the message to reflect when the office will be reopened, and post a message on the office door of time of expected return.

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3. Community Calendar

* Maintain an accurate, up-to-date Community Calendar. This calendar should reflect all CSD meetings, Community Center activities and rental uses.

* Collect any rental fee and cleaning deposit established by Board policy

* Post and remove all activity signs on Community Bulletin Board in a timely fashion.

4. CSD Newsletter

* Draft a CSD newsletter addressing Board Meeting agenda , items, including any actions taken. for President's

review and approval. Arrange for distribution.

Financial Management

1. Prepare a monthly financial report stating income, expenditures and outstanding bills. This should be included in the monthly Staff Report. At the end of each month, prepare bills for AU Community Center rentals.

2. Prepare annual office budget.

3. Maintain books for accountants.

4. Make bank deposits as appropriate.

5. Keep inventory of office equipment.

- 1. Prior to meeting, draft agenda in consultation with

Board President, and minutes of prior meeting. (Draft minutes should be given to the CSD President on the Monday following each Board meeting).

2. Prepare vouchers for Board approval.

3 ., Prepare staff report as indicated under Staff Report.

v 4. Prepare or cause to be prepared all resoi.utionsand ordinances.

5. Bring pertinent information from files to back up agenda items.

6. Arrange for tables, chairs and recorder, to be set up for the meeting.

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7. Attend Board meetings as Secretary to the Board.

8. Attest to resolutions and ordinances and maintain originals in safety deposit box.

9. Maintain all minutes and other District documents in an orderly filing system.

NOTE: The complete Board packet including, among other things, agenda, minutes, and staff report, shall be available to the Board and public at least 72 hours in advance of the meeting and vouchers shall be available to the President at least 24 hours in advance of the Board meeting.

Prior to each CSD Board meeting, write a Monthly Activity Report. This report should include the following:

%00* Financial Activity, as outlined above under Financial Managemen

* Pertinent activities such as letting of contracts authorized by the Board, use of CSD building, summary of communications from public and action taken, and activities for which direction is required by the Board.

Supervise Maintenance And Clean-up Personnel

1. Check the Community Center building before each rental group uses it. Make sure building is clean and ready for use.

2. Check the building after use and provide for a clean-up and building check before the next rental, or within 24 hours of-thc rcntal, whichever is sooner.

t •. --

3. Check that all decks, areas outside the kitchen, front entrance area, and other outside areas are swept and maintained.

4. Document all damaged to the building or equipment and/or loss of equipment and recommend or take necessary follow-up action. If the building maintenance contractor or lessee does not properly clean the building, arrange for return to complete the task, or alternatively, use cleaning deposit for the same.

4

*

5. Refer all repair problems of navigational locks, building, parks and grounds to the District's maintenance contractor. If the contractor is unavailable, refer to a designated CSD Board member.

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6b

TAMAL FA I . C('MMI.JN TY SEFv 1 C.EJ DI 'JT I CT 'tb&A '' i q 19

JOB DI SCR IPTION

DIRECTOR - PARKS AND RECREATION

DEFINITION 0*0*000*00

Under th-• gIrl •r. 1 d I rcr:t I nr or thc' Fo.3rc.1 oF DI rc2tor., di rtrl . th act I v It I ed-. 'if lh' Prk':•.. inn Rocreation Dr.partrnr.nt , ir,r.i .ct . inr,"r . I fflafl.1gtr of t i- i: Open c..rw.)c.r. 0 I .t r (-1 : rc';rH.)nc; I hi ' for til: hr 1:2 1 it II dut I vs. WCr-k c pti-formi-.tI with ;i rii x I mum der: of i iii pQr,sii?rI(.r ilI I ctib 1 1 'hecI po I I r. I ......rc1 ci ocntJ'jr i.'. Et forth by U ic FIztrcI or federal and t.to ann county laws, ord I nncc and r et 1 it I

FUNCTION *0*00*0*

In concert with the Park. and P'cr edit ion Ccimi ss ion, prov IcIt' ,rii1 I resprns Wi e for ;-%(-1vico to thu P1 ann i nq Department nd ot:hr,- p I .nn I flii agenc I es on pziri , ;pace •innl cnncervit I on e 1 trrwnt. of rna.tl?i p1 iir,. other methods of open area incJ pcirk acquisition and C(,n,3t,rvit I Oil; sites; prer).ircs kjnd .ut:imni t: opt.-rating and capital tic1gut:. ; ipirv i Z;15 and evaluates the work of ubordin.tos; provides all necessary stuff services to the Parks and Recreation Commission; acts as gerler& rnaru':•i of the Open Space District under the direction of the District Board of Directors.

EMPLOYMENT STANDARDS *000*00*00*0*0*00*00

Education/Experience *0*0*00*0*0*00*0*00*

Any combination of tra I n I ng and exPt!r I enice ecu I v1 erit. to çjniiiJi iat I Ott frümn a rer.ogni.ed college or university with a major in park atlinir trat inn, or, other closely re 1 ati:.d f i 1 ds and not I tss titan t.hrn, yarc. profe5s I on,' I exper I .mce directly re I itenI to park and rerruat I on programs. At least one year's experience must he in jn aiimIriitr.jt.ivr or managerial capacity that. demonstrates the knowieniges and ,hi lIt ic'; listed below.

Knowledge *0*00*0*0

Strang know I ud'je of the pr I nc I pit. objectIves oF .:i Pirk. and Recreation Department; pertinent law-; and rngul at Inn:, grivei'n 1 ncj open ar'ea arid pork eir:ciui s it ion and corusi.rvit Tori; the pr I rucipi es and pi-artleEvs practice's of public and businefirj administration aruci cirgani I zat ton; budgetary prart I ce. and procedures ; pcs-sorne 1 rriPir 'em.'nt , tiperv I Ion, afirl Ii 11 I 0 I Ii').

AhI 1 it', t 0*0*00*0*0

Plan organize and Coord I nate the act. I vii; I es of art ot cnn I at I Ott; delegate and provide policy direction to management staff, esab1isti cooperative relations with representatives of oth.'t County agenC I es, the Commission, subbrdinates and tinc general public. Analyze and review staff reports and rec:c)mrn(ncIai:.iorus, and to give constructive criticism; supervise, train and ovluatu subordinates; prepare and present clear and concise written And oral reports.

L I cense *0*0*0*

Posess I rio of a va I I ri Ca 1 I fnrri i ..i dr I vur ' . 1 1 rPr,u

MUIR BEACH COMMUNITY CENTER HEALTH & SAFETY REPORT 9/18/91

HEALTH & SAFETY: The play structure has not been dismantled or posted with safety notices. It should be dismantled as soon as possible.

42

To: MBCSD Directors 7/21/91 Fr: Gordon Bennett

Re: Insurance Seminar -- Employees or Independent Contractors?

Based on the following 12 pages, it appears to me that we are running risks in classifying certain people as independent contractors rather than as employees. Risk one: State and IRS penalties and interest. If the District loses an audit, the District holds full responsibility for the missed personal withholding, SS tax, etc. With penalties and interest, this can amount to over 70% of the amount already paid to the person. Risk two: If the person is injured, it is much less expensive for the District if the person, as an employee, files a claim under our worker comp policy than if the person, as an independent contractor, sues under our General Liability Policy.

Re: Insurance seminar - Worker Compensation

1) According to Bob Baker, Independent Contractors who work for the District should provide us with a Certificate of Insurance, otherwise, they should be considered as employees and listed under our Worker Comp Policy.

2) Directors and other volunteers are not covered under Worker Comp unless 1) the MBCSD so authorizes and 2) they are listed on the Worker Policy at a wage rate related to the fair market value of their services. Currently, this has been done only for MB Volunteer Firemen.. .no other volunteers are covered. Bob recommends that we consider adding the others. For example, Directors as code 8810 (Clerical) cost less than 1% of their fair market services (5 Directors @ 1,000 FMV/yr = $50 to cover under Worker Comp Policy. Other people (if per above consideration they are actually employees rather than independent contractors) would cost roughly: Meter Readers: $1,000/yr = $15/yr Worker Comp

Bistro/Dinner: $1,500/yr = $112/yr CC Cleaning: $1,000/yr = $113/yr Roads/Ditches: $1,500/yr = $107/yr

3) Employees, Directors, and Volunteers, even if listed on the Worker Comp Policy, are covered only when working on District business, not when commuting. As examples: a) Volunteer Firepeople are not covered while on the way to the Firehouse in response to a call; worker comp coverage begins when they enter the Firehouse and ends when they leave the Firehouse at the end of the call; b) the Fire Chief is not covered while driving if he leaves from his home or work to go directly to the Civic Center on MBVFD business, because that is considered commuting (time at the Civic Center is covered); worker comp covers the driving time to the Civic Center only if the Chief stops in at the Firehouse first. Driving time from the Firehouse to the Civic Center is then considered 'on-duty" and thus covered by worker comp.

OYJ

5q

IndeDendent Who Are

Contractors? Independent contractors are independent business people who are hired to perform specific tasks. They are just like any other vendor, except they perform services rather than provide tangible goods. Independent contractors are in business for themselves. Thus, they are not the hiring firm's employees. They are not eligible for unemployment, disability, or workers' compensation benefits. The hiring firm does not have to pay employee-employer taxes or provide workers' compensation insurance, and usually is not liable for the contractor's actions.

Why businesses hire independent contractors (the right and the wrong

reasons)

s/ Accomplish a specific, one-time only task V Get specialized expertise for a short period of time V Minimize employee liability V Umit eligibility for employee health, retirement, and profit sharing benefits V Avoid union demands V Reduce Social Security and unemployment taxes and workers' compensation costs V Avoid government paperwork and requirements V Avoid a long term employee commitment

Many misclassified workers lead to lawsuits, audits and fines

The distinction between independent contractors and employees is blurry, especially when the person works alone, without hired assistants. Many companies have used this blurriness to avoid taxes and have called their workers independent contractors when they were really employees. The state and federal taxing authorities are now aggressively auditing companies to find these abuses. When tax officials find rrsclassified workers, the hiring firms are charged for all the workers' taxes and are assessed huge penalties. The total taxes and penalties are sizably more than the hiring firm would have paid if it had treated the workers as employees.

Hiring firms also are sued by workers who believe that they were inappropriately called independent contractors. These lawsuits are filed when the worker needs unemployment, disability, or workers' compensation insurance. Many lawsuits occur because the worker never understood the consequences or responsibilities of being an independent contractor. Yet even if workers were informed, many still sue their hiring firm because they are in trouble and they have nothing to lose. Hiring firms have the exclusive burden to prove to the government that their workers are really independent contractors.

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Chapter 2

Why does the government care if a worker Is an employee or an independent contractor?

The government looks negatively at the misclassification of bona-fide employees as independent contractors for two reasons. Independent contractors can contribute to the underground economy by not paying taxes. They are responsible for withholding their own taxes and Social Security. Many don't and thus rob the government and the other taxpayers of tax dollars.

The government also wants to protect workers. The Social Security, disability and unemployment insurance programs were all designed to protect average workers. The government does not want businesses to circumvent these programs (and their costs) simply by calling their workers independent contractors.

No right to control worker = true Independent contractor

The key factor which determines whether a worker is an independent contractor is who has the right to control the worker as to how work Is accomplished.

If a hiring firm controls the means by which work is done, the worker is automatically an employee. If the hiring firm can exercise control only as to the results of the work, the worker is usually an independent contractor.

The right to control Is Important. . . not whether you actually exerted control

The government does not care if the hiring firm exercised control over the worker. The key is whether it had the right to control the worker.

It is difficult to define what control means. Fortunately, the government recognizes that there are many types of independent contractor jobs with different characteristics and control. Unfortunately, the government's rules are more fuzzy than flexible, which is why there are so many lawsuits and fines.

Things to remember

1. Hiring firms must prove that they have no right to control the contractors work.

2. It is the right to control. . . not the actual exercising of control that is important.

3. Basic characteristics of independent contractors:

• Hired on a job-by-job basis • Operate as a separate business • Offer their services to the general public • Hired to perform a specific task with no ongoing relationship or obligation by the hiring firm.

If your independent contractors satisfy the basic characteristics above, you can feel more comfortable. . . but you're not safe. Read the remainder of this Guide to learn about the special rules and exemptions for certain workers.

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The Benefits and Risks of Hiring 3 Independent Contractors

Benefits and risks to hiring firms

Benefits:

V Save money. . . hiring firms don't have to pay:

• Social Security taxes (1990 rate: 7.65% of an employee's wages, up to $3,855 per employee) • Workers' compensation premiums • Unemployment insurance (1990 rate for new businesses, state and federal taxes total 4.2% of an

employee's wages, up to $294 per employee) • California Employment Training taxes (currently $7 per employee) • Health insurance and retirement benefits

V Avoid a long-term employee commitment

V Avoid liability for the worker's actions (please see page 30 for exceptions)

V Avoid dealing with labor unions and their accompanying demands for union scale wages, benefits and hiring / firing practices

Risks:

V Government fines

If the IRS or California Employment Development Department audit your firm, you must clearly show that your worker was really an independent contractor. . . or your company will face large fines.

• in other words. . . you're guilty until you prove yourself innocent by showing unequivocally that your independent contractors are NOT employees. (1)

If you lose an audit because your worker is really an employee, your firm may have to pay over 41% of the money you already paid to your "independent contractor' in taxes and penalties. This is because the government says employers hold the full responsibility for withholding employees' personal income tax, Social Security tax, and any other employee-employer taxes.

(1) The IRS and EDO disagree with our strong statement. They say that when hiring firms are audited, the auditors ask hiring firms to provide any information to support their claim that their workers are independent contractors. The auditor evaluates this information, using rulings (including those described in this Guide). If a hiring firm disagrees with the auditors decision, it can appeal the decision within the IRS and EDO administrative process or in the courts. But we're not changing our statement. . because you'll be safer it you assume that you have the full burden of proof.

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Chapter 3

V Lawsuits from independent contractors

When workers are injured, employees can usually only receive workers' compensation benefits. However, independent contractors may sue their hiring firm.

V No control over the work

A hiring firm cannot control an independent contractor's work. If it does, the worker's legal status will automatically convert to an employer-employee relationship and the hiring firm will be liable for employment taxes and benefits. Because hiring firms can't control their contractors, deadlines may be missed, customers may become angry, or other situations may arise that are detrimental to the hiring firm.

V Limited right to fire independent contractors

Hiring firms can fire independent contractors only if they breach their contract or if the completed work is unacceptable. If a hiring firm keeps the right to fire the worker at will, the workers legal status usually converts to an employer-employee relationship.

Benefits and risks to independent contractors

Benefits:

V Personal flexibility; they are their own boss

V Business expenses are tax deductible

Risks:

V No disability or workers' compensation insurance

If independent contractors are injured, they can't collect disability or workers' compensation insurance.

V No unemployment insurance

Independent contractors aren't eligible for unemployment insurance.

V May develop tax troubles

Independent contractors must pay quarterly income tax and Social Security self-employment taxes. Social Security self-employment tax is currently 15.3% of net taxable income - - - a big shock to people who don't plan ahead. When you add federal income tax (15-33%) and state taxes, the total bill can be huge. If independent contractors spend that money before tax time, they get into BIG trouble with the government.

V Can be held liable

Independent contractors can be held liable for their actions, instead of being protected by the hiring firm (or its insurance).

8

Benefits and Risks

Note: If independent contractors get into tax trouble, need unemployment benefits or need insurance, there is a large incentive for them to claim that they were employees. This is because the hiring firm is legally responsible for withholding employee taxes and paying employee benefits. In an audit, both the IRS and EDD presume that most workers are employees unless the hiring firm can clearly prove otherwise.

More about risks: An IRS or EDD audit

Usually, everyone benefits from hiring independent contractors until:

V Your contractor gets into a jam

• The hiring firm terminates a working relationship with an independent contractor and (s)he seeks unemployment insurance

• The independent contractor is injured and wants disability or workers' compensation insurance • The government finds Out the independent contractor hasn't been paying taxes (2)

V The government audits your business

The IRS now examines independent contractor relationships in all business audits, regardless of the original purpose of the audit. The Employment Development Department (EDD) generally only audits businesses for independent contractors if there is evidence that workers have been rrsclassified.

With either occurrence, your business will be audited. The IRS or Employment Development Department will ask for evidence that your workers were really independent contractors. The burden of proof is always on you... the worker is presumed to be an employee unless you prove otherwise.

By the way. . . during the audit, the auditors also may investigate other workers you claimed were independent contractors.

If you lose an IRS audit, the taxes can total:

15.3 % Social Security Tax 15 to 33 % Federal Income Tax

6.20 % Unemployment Insurance

a whopping 36% to 54% of the contractors payment.. . and the auditors can go back three years.

If you lose an EDD audit, the taxes can total:

1- 9.30 % State Income Tax 0.90 % Disability Insurance

.5 to 5.40 % Unemployment Insurance .10 % Employment Training Tax

2.5% to 15.7% of the contractors payment. . . and the auditors can go back three years

(2) The government often learns about independent contractor situations through disgruntled workers (both current and past).

(A - -

- -- -

Chapter 3

In addition, you can be fined:

The fines vary depending on the situation. Auditors often have discretion in determining the tines. The basic IRS fines include:

Failure to file form The minimum fine is $50 for each 1099 (or W-2) that you failed to file. The maximum fine is 10% of the payment made to the worker.

Failure to pay taxes 1/2 % per month up to 50 months (6% annually)

Failure to get Social $50 for each Social Security number you didn't get Security number

There also are significant fines if the IRS believes you committed fraud or were negligent, plus fines for many other situations. Contact the IRS if you want further information.

Plus, you will be charged interest on unpaid taxes.

An example: $97,000 In back taxes!

You paid $15,000 to a contractor who the IRS says really was an employee. Using average figures, you will owe $6,485 in taxes. This does not include fines and interest! You would only have owed $1,421 if you had treated the worker as an employee. Now suppose the IRS found you had four more contractors who were also employees and you had been using them for three years. Suddenly, you could owe over $97,000!!!

What happens to your contractors?

Nothing. They get to keep their full payment!

What if your business can't afford the faxes and fines?

The business owners are personally liable. . . ouch!!!!

Note to controllers and other personnel: If a business owner can't pay the taxes or tees, other responsible company officials may be held PERSONALLY liable for them. Contact the IRS or Employment Development Department for details.

Will you be safe if your workers paid their own taxes?

The tines probably won't change, but you may reduce the back taxes you owe. Unfortunately, it is often difficult to prove that the taxes were paid, because you need your contractor's cooperation. Without it, you can't get a copy of your contractor's tax return (because of privacy laws). Even if you had a copy, you still need to show that the taxes paid were from income on your job. This can be shown if you issued 1099's to your contractors and that income was reported on your contractor's tax return (see page 177 for further information on 1099 requirements).

Get your contractor's Social Security number or be fined 20% It

it hiring firms do not get their workers' Social Security numbers, they must automatically withhold 209/6 of the

workers' payment and send the money (called back-up withholding) to the IRS.

It does not matter whether the worker is an independent contractor or an employee I!!

Initial Requirements - 4 Options

Four Optional Requirements:

In addition to completing the Pre-Hire Worksheet, Contract for Services, and Contractor Questionnaire, there are four additional items a hiring firm can require to protect itself.

• Contractors business license • Contractors fictitious name statement • Evidence of insurance • Official IRS ruling (SS-8)

These are strictly optional requirements; hiring firms must decide if the advantages outweigh the disadvantages. Overall, if the 20 common law factors on the Pre-Hire Worksheet point strongly towards an independent contractor relationship, some of these requirements may not be necessary. For instance, it shouldn't matter to hiring firms whether their independent contractor has a business license or a fictitious name. After all, hiring firms can't control their independent contractors' actions.

On the other hand, these requirements can prevent future problems. Everything that supports an independent contractor status, including copies of the contractor's business license and fictitious name statement are good for the hiring firm. If your contractor isn't willing to satisfy these additional requirements, perhaps he really doesn't consider himself in business for himself. That could mean future trouble for you. Evidence of insurance and an official IRS ruling can also relieve your concerns about taxes and liability.

Contractor's business license

Some hiring firms keep a copy of the contractors business license in their files to "prove" that workers are independent contractors.

• This requirement will typically cost an independent contractor $50. In some cities it is as high as $200.

• Obtaining a business license only satisfies one part of IRS factor 17 (offering services to general public). It does not prove an independent contractor relationship. You can only establish an independent contractor relationship by placing all 20 factors on the balance scale and showing that it strongly points to an independent contractor relationship.

• However, if a contractor isn't willing to get a business license, does he really consider himself in business?

Insurance (general liability and workers' compensation)

In general, it's a good idea to verify that an independent contractor has insurance. If he doesn't, and things go wrong, he's likely to sue you.

Fictitious name statement

Some companies have insisted that the independent contractors' checks be made out in a business name only, so that government auditors suspect a possible employee relationship. For a check to be written to a business name, independent contractors must file a fictitious name statement.

155

Pre-Hire Worksheet

Pre-Hire Worksheet for:

First, is the Worker a Special Case?

LI Automatically statutory employees

• Corporate officers and directors who provide services to that corporation • Food and laundry drivers • Full-time traveling salespeople who sell goods to people (or firms) for re-sale • Full time life insurance agents (working mainly for one company) • At-home workers who are supplied with the materials or goods and are given specifications

for the work to be done • Construction industry workers who don't hold valid contractors' licenses (*) • Artists and authors under collective bargaining or commissioned work ()

() For California purposes only

Hiring firms must pay Social Security, disability, and workers' compensation insurance for these workers, but generally do not have to withhold personal income tax. However, personal income tax must be withheld for corporate officers. See Chapter 6 for specific instructions for each type of worker.

El Usually independent contractors

• Direct sellers who sell your product to the final end user • Licensed real estate agents

If they don't violate the 20 common law factors, hiring firms do not have to pay any employee-employer taxes for these workers. If the hiring firm submits 1099's for these workers, it does not have to withhold income tax.

Warning: These workers can be employees!! Please review the factors below and the legal case studies in Chapter 6 for examples.

El Hiring firm's partners are not employees.

Partners are business owners. They have special government requirements which are discussed in the California Chamber of Commerce's Business Start-Up Kit. For information, call (800) 331-8877.

Li Construction industry: Unlicensed workers are employees

Will the person will be working for a licensed contractor and performing work that normally requires a state contractor's license. If so, the worker must have a license, or he is automatically and employee. See page 24 for further information.

Conclusion: Is worker a special case? yes no

133

Chapter 11

Now... Everyone Else (Mark boxes that are true for the worker you intend to hire)

F1 1. No Instructions

The contractor will not be required to follow, nor will he be furnished with instructions to accomplish his job. The hiring firm may provide job specifications.

F1 2. No Training

The contractor will not receive training by the hiring firm. He will use his own methods to accomplish his work.

Li 3. Services don't have to be Rendered Personally

The contractor is being hired to provide a result and will have the right to hire others to do the actual work.

4. Work is not Essential to the Hiring Firm

The hiring firm's success or continuation does not depend on the services of outside contractors.

L] 5. Own Work Hours

The contractor will set his own work hours.

6. Not a Continuing Relationship

The contractor won't have a continuing relationship with the hiring firm. If the relationship is frequent, it will be at irregular intervals, on call (not full-time), or whenever work is available.

Warning: Part-time, seasonal, or short duration relationships have nothing to do with independent contractor status.

Li7. Control their own Assistants

If assistants are hired, it will be at the contractor's sole discretion. The contractor will be responsible for hiring, supervising, and paying those assistants.

Li8. Time to Pursue Other Work

The contractor will have time to pursue other gainful work.

Li 9. Job Location

The contractor will control where he works. if he works on the hiring firm's premises, the hiring firm will not direct or supervise him.

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Pre-Hire Worksheet

F] 10. Order of Work Set

The contractor will determine the order and sequence that he will perform his work.

JJ 11. No Interim Reports

Since the contractor is being hired for the final result, he will not be asked for progress or interim reports.

12. Payment Timing

The contractor will be paid by the job, not by time. Payment by the job can include periodic payments based on a percentage of the completed job. Payment can be based on the number of hours needed to do the job times a fixed hourly rate. However, this will be set in advance of the job.

Li 13. Working for Multiple Firms

The contractor will work for more than one firm at a time.

14. Business Expenses

The contractor will be responsible for his incidental expenses.

15. Own Tools

The contractor will furnish his own tools. If the hiring firm leases equipment to the contractor, the terms will be equivalent to what an independent business person could have obtained in the open market. For more information, contact a labor attorney.

Li16. Significant Investment

The contractor can perform his services without the hiring company's facilities (equipment, office furniture, machinery, etc.). The contractor's investment in his trade is real, essential, and adequate.

Li17. Services Available to General Public

The contractor makes his services available to the general public by (check one or more):

O Having an office and assistants U Having business signs U Having a business license U Listing his services in a business directory U Advertising his services.

Li18. Possible profit or loss

The contractor can make a profit or a loss (check one or more):

O The contractor hires, directs, and pays assistants.

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Chapter 11

U He has his own office, equipment, materials, or facilities. U The contractor has continuing and reoccurring liabilities. U The contractor has agreed to perform specific jobs for prices agreed upon in advance. U The contractors services affect his own business reputation.

19. Limited Right to Discharge

The contractor can't be fired so long as he produces a result which meets the contract specifications.

20. No Compensation for Non-Completion

The contractor is responsible for the satisfactory completion of the job and is legally obligated to compensate the hiring firm for failure to complete.

Conclusions from Evaluating the 20 Common Law Factors

Strengths Weaknesses (areas which support independent contractor status) (areas which support employee status)

Federal "Safe Harbor" Exceptions (check if true)

L] (1) Since December 31, 1977. you (the hiring firm) and your predecessor have consistently treated individuals doing similar work as an independent contractors; and

U (2) You and your predecessor have never treated your current Independent contractor" as an employee and since December 31, 1978, you have filed all the required federal tax returns (Form 1099-Misc) for independent contractors; and

136 rio

Pre-Hire Worksheet

El (3) There was a reasonable basis for treating the worker as an independent contractor. Reasonable basis means (check one or more of the following):

[] (a) You relied on similar judicial rulings, IRS rulings, or IRS technical advice (the written response you get when you submit an SS-8) (list cases)

J (b) In a past IRS audit, you were not charged fines for treating workers doing similar work as independent contractors. (audit date)______________________________

i: (C) It is a recognized practice for a large segment of your industry to treat certain types of workers as independent contractors. (your proof)

Warning!

Boxes 1, 2, and 3 must all be checked to be exempt from the common law factors. These safe harbor rules do not apply to:

• Technical services personnel performing services for their hiring firm's clients. (Engineers, designers, drafters, system analysts, computer programmers, and other similarly skilled personnel), or

• Any worker for California purposes (unemployment, disability, workers' compensation, liability, and state income tax withholding).

Conclusion

Hire worker as an Uncertain: independent contractor Hire worker as an employee Talk with an attorney

1 1 I I I

137

NEW SAFETY STANDARDS RESUUrING FROM SEWIE BILL 198:

CALIFORNIA CODE OF REGULATIONS TITLE 8, CHI½PIER 4

3203. INJURY AND ILLNESS PREVENTION PROGRAM.

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective INJURY AND ILLNESS PREVENTION PROGRAM. The Program shall be in writing and shall, at a minimum:

(1) Identify the person or persons with authority and responsibility for implementing the Program.

(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the

rksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor /management safety and health committees, or any other means that ensures communication with employees.

/ OLuSR EXCEPTION: Employers having fewer than 10 employees/shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employee's job assignments.

(4) Include procedures for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

(A) When the Program is first established;

EXCEPTION: Those employers having in place on July 1, 1991, a written INJURY AND ILLNESS PREVENTION PROGRAM complying with previously existing Section 3203.

NEW SAFETY SrANDfRDS:

TITLE 8, CIiAPIER 4

Page 2

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(5) Include a procedure to investigate occupational injury or occupational illness.

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, renove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the program is first established;

EXCEPTION: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing Section 3203.

(B) To all new employees;

(C) To all employees given new job assignments for which training has not previously been received;

(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and

13

wtw stn'ry srANI)tRDs:

TITLE 8, CIIAPI'ER 4

Page 3

(F) For supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

(b) Records of the steps taken to implement and maintain the Program shall include:

(1) Records of scheduled and periodic inspections required by subsection (a) (4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for three (3) years; and

EXCEPTION: Employees with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.

(2) Documentation of safety and health training required by subsection (a) (7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for three (3) years.

EXCEPTION NO. 1: Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.

EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be ret?ained beyond the term of employment if they are provided to the employee upon termination of employment.

(C) Employers who elect to use a labor /management safety and health committee to comply with the communication requirements of subsection (a) (3) of this section shall be presumed to be in substantial compliance with subsection (a) (3) if the committee:

(1) Meets regularly, but not less than quarterly;

4

14

NEW SAFETY SrANDARDS:

TITLE 8, CHAPTER 4

Page 4

(2) Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the committee meetings and, maintained for review by the Division upon request;

(3) Reviews results of the periodic, scheduled worksite inspections;

(4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;

(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and

(7) Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

15

SUGGESTED OUTLINE FOR A SAFETY AND HEALTH PLAN

4

I. Management Commitment

A. Policy Statement

May include safety and health goals

Illustrates management involvement in

workplace safety and health

B. Objectives for the Safety and Health

Program

Based on the priorities of your workplace

Should be measurable with timeframes for

completion

C. Assignment of Responsibility for Safety

and Health

Descriptions of duties

Policy on accountability

II. Hazard Assessment and Control

A. Hazard Assessment and Correction

Initial survey by CAL/OSHA consultant or

other professional

Periodic surveys and sampling

Employee reporting of hazards

Tracking of identified hazards and their

correction

B. Accident investigation

Identification of causes and their correction

Preventive actions

Monitoring workplace injuries and illnesses

C. Recordkeeping

CAL/OSHA 200 (Log and Summary of

Occupational Injuries and Illnesses)

Material Safety Data Sheets

Employee access to personal medical and

exposure records

Other required or appropriate records

D. Equipment Monitoring and Maintenance

Program

Production equipment

Personal protective equipment

Ill. Safety Planning, Rules, and Work

Procedures

A. Control of Potential Hazards

With regard to equipment design, purchasing,

engineering, maintenance, and production

B. Safety Rules

General

Specific to tasks, based on sale work

procedures

System for informing employees

C. Work Procedures

Analysis of tasks to develop safe work

procedures

Implementation

D. Employee Involvement

Reporting hazards

Enforcement of rules

Disciplinary procedures and reorientation

E. Emergency Procedures

First aid

Emergency medical

Fire, egress

IV. Safety and Health Training

(Initial and Refresher)

A. Supervisors

Safety and health policy, rules, and procedures

Hazards of the workplace and how they are

best controlled

Accident investigation

B. Employees

New employee safety orientation

General and specific rules

Use of personal protective equipment

Preparation for emergencies

Training required by CAL/OSHA standards

Safe work procedures

SUGGESTED RESOURCES

1. CS-i (CAL-OSHA Publication) - "Developing A Workplace Safety And Health Program".

2. CAL-OSHA Consultation Service Offices.

CAL-OSHA CONSULTATION SERVICE OFFICES (As of October 1990)

SAN MATEO ..............................(415) 573-3862 3 Waters Park Dr., Suite 230 94403

SACRAMENTO ............................(916) 920-6131 2424 Arden Way, Suite C-80 95825

FRESNO .................................(209) 454-1295 1901 Northgate Way, Suite 102 93727

DOWNEY ................................(213) 861-9993 8535 E. Florence Ave., Suite 200 90240

SAN DIEGO ..............................(619) 279-3771 7827 Convoy Ct., Suite 406 92111

CAL-OSHA CONSULTATION SERVICE HEADQUARTERS 395 Oyster Point Boulevard, 3rd Floor

South San Francisco, CA 94080

(415) 737-2843

DISTRICT INJURY AND ILLNESS PREVENTION PLAN

I. INTRODUCTION.

Is the policy of the 1TO1R4CH ("District") to ptovide safe

working conditions for all employees and to promote continuing safety awareness and injury and illness prevention at all levels. The District will endeavor to maintain a workplace that is safe and healthful for all employees, and to implement, maintain and enforce an appropriate injury and illness prevention plan conforming to the best practices of organizations of this type. To be successful, such a plan requires cooperation in all safety 4nd health matters, not only between supervisors and employees, but also between each employee and his or her co-workers.

II. ASSIGNMENT OF RESPONSIBILITY.

The ultimate responsibility for safety lies with each individual employee. In order to provide organization and communication, the responsibility for the implementation, maintenance and enforcement of this injury and illness prevention plan is assigned to the 2 ("Manager"). In addition, there shall be a Safety Committee with responsibility to evaluate safety procedures and conditions and to implement this plan. The Safety Committee is described below.

III. SAFETY COMMITTEE.

There shall be a District Safety Committee, consisting of the Manager,

The Safety Committee shall meet at least once every three months. At least three workings days prior to each meeting, the Manager will prepare and distribute a written agenda similar to the form attached as Form 1. After each meeting, the Manager will prepare and distribute to the Committee members written minutes of the meeting briefly describing the safety and health issues discussed at the meeting similar to the form attached as Form 2. The Safety Committee shall perform the following functions:

1Insert here and in title name of district.

2lnsert name of person or position with authority and responsibility for implementing the plan. In most cases, this should be the manager or administrator.

3lnsert the names of two, three or more employees (by position or name) to serve on the Safety Committee, representing different levels of both management and labor.

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1. Review the results of periodic workplace inspections.

2. Review any investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness or exposure to hazardous substances, and where appropriate, submit suggestions to the Manager for the prevention of future occurrences.

3. Review any alleged workplace hazard, unsafe condition or unsafe work practice brought to the attention of any Committee member, and, when determined necessary by the Committee, conduct its own inspection and investigation to assist in remedial solutions.

4. Review any employee hazard reports, and submit recommendations to the Manager to assist in the evaluation of employee safety suggestions.

5. Upon the request of the State Division of Occupational Safety and Health, verify abatement actions taken by the District to abate citations issued by the Division.

6. Discuss and make recommendations concerning any other matters related to the health and safety of District employees.

7. Periodically review and evaluate past employee safety, injury and illness records (maintained under part VI below) and other available documentation concerning employee safety, injuries and illnesses to identify recurring problems and initiate appropriate corrective or remedial actions to avoid such problems in the future.

IV. HAZARD ASSESSMENT AND CONTROL.

A. Periodic Inspections.

The Manager shall be responsible for making periodic workplace inspections in order to identify and evaluate workplace hazards, unsafe conditions and unsafe work practices. The Manager, at his or her discretion, shall personally conduct such inspections, or arrange for such inspections to be conducted by another qualified District employee., the State Division of Occupational Safety and Health Consultation Service, or a private risk management consultant. In conducting such inspections, the inspector will utilize a workplace safety inspection report similar to the form attached as Form 3.

Periodic workplace inspections shall be made at the following times: (1) upon adoption of this plan; (2) every six months thereafter; (3) whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety or health hazard; and (4) whenever the Manager is made aware of a new or previously

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11 q

unrecognized hazard. For any inspection triggered under (3) or (4), the inspection may be limited to the work areas and systems that may be affected by the new information.

B. Employee Reporting of Hazards.

Employees are encouraged to immediately report to the Manager, their supervisor or any Safety Committee member any actual or suspected workplace hazard, unsafe condition or unsafe work practice. Such a report should be made on the employee hazard report form attached as Form 4. In the alternative, the employee may report orally. If an oral report is made to the Manager, a supervisor, or a member of the Safety Committee, the recipient shall prepare the employee hazard report. All employee hazard reports should be submitted to the Manager for consideration and appropriate remedial action. A copy of each employee hazard report will also be submitted to each Safety Committee member. The Manager will implement any appropriate corrective or remedial measures in a timely manner. There shall be no reprisal against or discipline concerning an employee as a result of the employee's report of a workplace hazard, unsafe condition or unsafe practice.

C. Accident Investigation.

As soon as possible after a workplace accident or report of occupational injury or illness, the Manager or his or her designee shall conduct an appropriate accident investigation. The investigator shall utilize and complete an accident investigation report similar to the form attached as Form 5. The Manager shall consider and take any appropriate corrective or remedial action. Copies of the accident investigation report will be submitted to each member of the Safety Committee. The Manager will implement any appropriate corrective or remedial measures in a timely manner.

D. Tracking of Hazards and Correction.

The Manager and the Safety Committee will track all reported, known and suspected workplace hazards, unsafe conditions or unsafe work practices identified through Safety Committee meetings and the procedures set forth in paragraphs A to C above to ensure that all appropriate remedial or corrective measures are taken. The Manager or the Safety Committee shall indicate on the appropriate form or in the Committee minutes the date and nature of any corrective measure, or why a corrective or remedial measure was not necessary or not taken, and any other appropriate comments.

V. TRAINING.

Injury and illness prevention training and instruction will be provided to appropriate District employees as follows: (1) to all employees as soon as practicable after establishment of this plan; (2) to all new employees upon hire; (3) to all employees given new job assignments for which training has not been previously received; (4) to all affected employees whenever new

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90

substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (5) to all affected employees whenever the Manager or any supervisor is made aware of a new or previously unrecognized hazard; and (6) to all supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

The Manager shall be responsible for designing and implementing appropriate training and instruction. The training and instruction will be designed to ensure that all employees know how to safely perform their job duties; are knowledgeable about the materials and equipment they are working with; are made aware of known hazards and how they are controlled; are made familiar with this illness and injury prevention plan, safety rules (both general and specific to the job assignment), proper use of tools and equipment, proper personal protective equipment, as needed, and proper methods of lifting and typing; know how, when and where to report injuries and suspected workplace hazards, unsafe conditions, or unsafe work practices; and know the importance of safe and neat housekeeping, special hazards of the job, and safe operation of vehicles.

The Manager shall prepare appropriate written documentation to document all training and instruction provided to employees. The training and instruction documentation shall include the name of all employees who attended, training dates, types of training, and training providers.

VI • RCORDXEPING.

The Manager or his or her designee shall keep and maintain written records of all Safety Committee meeting agendas and minutes, workplace safety inspection reports, employee hazard reports, accident investigation reports, and employee training and instruction documentation. These documents will be maintained for at least three years. Maintenance of training records for employees who have worked less than one year may be terminated, if the former employee receives a copy of such records.

The Manager or his or her designee shall also have the following recordkeeping responsibilities: (1) obtain a report on every injury or illness requiring medical treatment, including the Employee's Claim for Worker's Compensation Benefits (Division of Worker's Compensation Form 1); (2) record each injury or illness on the Cal/OSHA Log and Summary of Occupational Injuries and Illnesses (Ca]./OSHA Form 200); (3) prepare a Supplementary Record of the Occupational Injuries and Illnesses on Cal/OSHA Form 101, or the Employer's Report of Injury or Illness (Form 5020); and, (4) annually prepare the Summary Cal/OSHA Form 200, and post it no later than February 1, and keep it posted where employees can see it until March 1. These documents will be maintained by the Manager for at least five years.

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The above documents will be made available upon request to any member of the Safety Committee and to the State Division of Occupational Safety and Health.

VII. EMPLOYEE COMPLIANCE.

It is the responsibility and obligation of each employee to comply with this illness and injury prevention plan, obey all occupational safety and health standards, rules, regulations and orders issued according to law, and attend scheduled job training and instruction.

An employee who regularly and conscientiously complies with this injury and illness prevention plan and follows safe and healthful work practices may be given a written commendation by the Manager in recognition of the same. Any such commendation shall be considered by the District when considering promotions and merit raises.

The failure of any employee to comply with any of the above requirements shall be a cause for discipline pursuant to the District's personnel policies.

VIII. SAFETY RULES AND PROCEDURES.

A. Safety Rules.

1. General.

a. All work related accidents and injuries, suspected work related illnesses, and known workplace hazards, unsafe conditions or unsafe work practices must be reported to the employee's supervisor or the Manager as soon as practicable.

b. An employee shall not operate any machine or equipment until he or she has received proper instruction and training.

C. Horseplay, scuffling and other acts which tend to have an adverse effect on the safety or well-being of employees is prohibited.

d. All spilled oil, grease, water and other liquids must be cleaned up immediately.

e. Fire extinguishers must be kept accessible at all times, and fire hydrants and areas around sprinkler heads must be kept free and clear of obstructions.

f. All exits must be kept clear and useable at all times.

g. All work areas must be kept clean and orderly.

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- h. Restrooms must be maintained in a clean and sanitary manner.

i. Electrical outlets are not to be overloaded, and the use of extension cords should be minimized.

j. All equipment and machines shall be operated only in their intended manner and in accordance with safe operating procedures.

k. First aid stations must be kept clear and accessible.

1. Proper lifting techniques will be utilized when moving boxes, equipment, files etc.

m. Materials will not be stored against doors or exits, fire ladders, or fire extinguishers.

n. Garbage and trash will be disposed of in proper waste containers.

o. Spitting on the floor is prohibited.

p. Hand trucks will be loaded in such a manner as to avoid the possibility of spilling, and will be pulled when in transit except when going down an incline or placing the load in position.

q. Protruding nails in boxes, skids or other containers will be removed or made flush.

r. Sunglasses shall not be worn indoors.

S. Inappropriate footwear or shoes with thin or badly worn soles shall not be worn.

t. No employee shall remove, damage, destroy, or tamper with any safety or protective device, safeguard, notice or warning.

2. Office.

a. Files, equipment or other items will not be left on the floor so as to present a tripping hazard.

b. Only one file cabinet drawer will be opened for use at a time, and file cabinet drawers will be closed when not in use.

c. There shall be no beverages in the immediate vicinity of any electrical equipment, including computer keyboards and monitors, processing units, typewriters, copiers and fax machines.

d. Employees must advise their supervisor or the Manager if background lighting causes glare or a reduced clarity of vision

t

-6- bks/D060791

-

on a VDT screen (where necessary appropriate screens will be placed on VDT screens to avoid injury or eyestrain).

e. Correct typing posture will be maintained to prevent injury to the back, hands, wrists or other body parts.

f. All office equipment will be maintained according to manufacturer's specifications, and repairs will be performed only by trained personnel.

3. Tools and Shop.

a. All tools and equipment shall be maintained in good condition and in accordance with the manufacturer's specifications.

b. only appropriate tools shall be used for a job.

C. Safety glasses will be worn where eye protection is required.

d. When there is a danger of hair entangling in moving machinery or equipment, a cap or hat (not a hairnet) must be worn.

e. No employee will use any machine or piece of equipment until he or she is trained, qualified and authorized to operate it.

f. Power machinery will be kept free of unnecessary tools, rags and scrap while in operation.

g. Rings, jewelry, watches, gloves, neckties, long sleeves, or loose clothing will not be worn when near or operating machinery or other sources of entanglement.

h. Compressed air will not be used to clean floors or to clean clothes, hands or other body parts.

i. Any defective tool or equipment must be immediately reported to the employee's supervisor or the Manager.

). Tools will be stored in a dry, secure location and will be returned after use.

4. Ladders.

a. Rungs and steps must be kept free of grease and oil.

b. A ladder shall not be used in front of doors that open towards the ladder unless the door is locked or guarded.

C. The user must always face the ladder when ascending or descending.

-7- bks/D060791

Pf

d. When used to gain access to roofs or platforms, rung ladders must exceed at least three feet above the elevated surface.

e. The proper size and strength of a ladder or step-stool will be used when appropriate, and employees shall not use chairs, boxes, etc., in place of proper ladders or step-stools.

f. Only wood or fiberglass ladders will be used when working on electrical items.

S. Chemicals.

a. Chemicals classified as "hazardous materials" or "hazardous substances" as defined by the State Division of Occupational Safety and Health will not be purchased, brought into the workplace, or used without the appropriate material safety data sheets (MSDS) and container label.

b. Any such hazardous material or hazardous substance will be used only in strict accordance with the label instructions and the data, precautions and procedures for handling, storage, disposal and use contained on the MSDS.

6. Vehicles.

a. Private vehicles shall not be used for District work, unless authorized by a supervisor or the Manager.

b. District vehicles shall not be used for personal use.

C. All employees driving District vehicles must have a valid driver's license.

d. All District vehicles shall be driven and used in accordance with all driving laws and other rules of the road.

e. District vehicles will be maintained according to the manufacturer's specifications.

B. Emergency Medical Procedures.

1. First Aid Program.

Approved first aid kits shall be maintained in the District main office, the shop area, and in each District vehicle. The Manager shall cause first aid kits to be inspected monthly and restocked as necessay. Avined medical personne' are readily available at PIAL "III - v'pc Cgr(flT

.I6u)Ry oJJ & PACIFIc - AT '131-S flIRcH em 1196s

-8- bks/D060791

95

In case of emergency, ambulance service is available by dialing 911.

2. Medical Emergency Response.

If an employee suffers a work related injury or illness, the applicable procedures listed below will be followeddepending upon the severity of the injury or illness.

a. Life-threatening emergencies. If the injury is life- threatening (e.g. uncontrolled bleeding, loss of consciousness, loss of limb, chest pain, stroke, severe burn, poisoning), the nearest available co-employee will immediately contact emergency medical services by telephoning 911. The employee who calls 911 shall remain on the telephone until released by the emergency dispatch operator. Other available co-employees, or if none are available the co-employee after released by the emergency dispatch operator, will immediately render appropriate first aid consistent with their training. As soon as practicable an attending employee will contact the Manager's office and relate all details to the Manager or other responsible person at the main office. The Manager or other responsible person will verify that the injured employee has been transported to an appropriate medical facility and is being treated. As soon as possible, the Manager or other responsible person will ascertain the medical status of the injured employee.

b. Other Injuries. If the injury is obviously not life-threatening, the injured employee or a co-employee will contact the supervisor or the Manager to relate the nature of the injury. The employee and/or co-employee will also immediately render appropriate first aid consistent with their training. If an ambulance is obviously not necessary, the injured employee will be treated on-site or transported to the

for treatment, as appropriate depending on the nature of the injury. As soon as practicable, the employee or the employee's supervisor shall notify the Manager of the injury.

c. Work Related Illness. If an employee suspects a work related illness, he or she will immediately contact the Manager. After discussing the matter with the employee, the Manager will pursue appropriate medical examination and/or consultation.

4lnsert name, address and phone number of appropriate emergency medical facility.

51f your district is not in a 911 area, insert the appropriate emergency response phone number.


-9- bks/D060791

710

As soon as practicable following any work related injury or report of a work related illness, the Manager or his or her designee shall comply with the recordkeeping requirements set forth above. The Employee's Claim for Worker's Compensation Benefits form must be provided to the employee or the employee's dependent or representative within 24 hours of learning of a work related injury or illness.

C. Hazard Communication Program.

This hazard communication program element of the District's illness and injury prevention plan is intended to minimize the risk of hazardous substances found in the workplace. The hazardous substances which may be found in the District workplace are described in Appendix 1, attached to this plan.

Copies of all material safety data sheets (MSDSs) for all hazardous substances to which employees of this District may be exposed are kept in the District main office. The Manager is responsible for obtaining and maintaining MSDSs for the District. MSDSs shall be reviewed for completeness by the Manager by checking each of the eight sections for completeness. If a MSDS is missing or obviously incomplete, a new MSDS will be requested from the manufacturer. The State Division of Occupational Safety and Health will be notified if a complete MSDS is not received.

MSDSs are available to all employees for review during regular work hours. If an employee learns that a MSDS is not available, or a new hazardous substance(s) is used in the District workplace without a MSDS, the employee must contact the Manager immediately.

Hazardous substances shall not be used by District employees unless the container is properly labeled showing the contents, name of the manufacturer, and hazard warnings. Hazardous substances shall only be used in strict accordance with the label instructions and warnings, and the data, precautions and procedures for handling, storage, disposal and use contained on the MSDS.

For any employees who may be exposed to hazardous substances in the District workplace, the Manager shall provide such employees with a copy of this hazard communication program and shall instruct such employees about the hazardous substances as reflected on the MSDS. Such training shall be given at the time of an employee's initial assignment to a work area where the employee may be exposed to hazardous substances, and whenever a new hazard is introduced to the work area.

7Prepare and attach as Appendix 1 a list of the hazardous substances known to be present using an identity that is referenced on the appropriate material safety data sheet.

-10- bks/D060791

The training and instruction must consist of at least the following topics: information on where hazardous substances are stored and used; the location of and how to review or obtain a copy of MSDSs; methods and observations that may be used to detect the presence or release of a hazardous substance in the work area; the physical and health hazards of hazardous substances in the work area, and the measures that employees can take to protect themselves from these hazards; the details of the hazardous communication program, including an explanation of how to read, understand and use container labels and MSDSs; how employees can protect themselves through work practices, emergency procedures, and with personal protective equipment; instructions on how to clean up spills of hazardous substances; an explanation that employees and their physician or collective bargaining agent have the right to personally receive information regarding hazardous substances to which the employee may be exposed; and, an explanation that employees will not be disciplined or discriminated against due to an employee's exercise of rights afforded an employee under state or federal law regarding hazardous substances control and communication.

In order to protect outside contractors and their employees who may work in the District workplace and be exposed to hazardous substances, prior to commencing any work where there may be such exposure, the Manager shall provide the contractor with information concerning the hazardous substance(s) and appropriate precautions and protective measures that the contractor and its employees can take to lessen the possibility of exposure.

This injury and illness prevention plan is hereby approved.

1991 (signature)

(name)

(title)

-11- bks/D060791

18

SAFETY COMMITTEE AGENDA (Form 1)

Date: Time: Place:__________________________

1. Reading and approval of last meeting minutes.

2. Discussion of old business

3. Review of any workplace inspection safety reports

4. Review of employee hazard reports

5. Review of any accident investigation reports

6. Review of safety recommendations

7. Discussion of any other business

BKS/D061091

SAFETY COMMITTEE MEETING MINUTES (Form 2)

Date: Time: Place: Attendees:_________________________

1. Approval of last meeting minutes.

2. Old business discussed, and any recommendations made_______

3. Workplace safety inspection reports reviewed, and any

recommendations made__________________________________________

4. Employee hazard reports reviewed, and my recommendations made

5. Accident investigation reports reviewed, and any


6. Other discussion and/or recommendations made

Minutes prepared by Ofl__________

Minutes approved by Safety Committee on

BKS/D2061091

WORKPLACE SAFETY INSPECTION REPORT (Porn 3)

Date:

Inspector(s)':

Check I Observations or

FIRE HAZARDS Fire Extinguishers-Serviced, Accessible Flammables-Storage, Handling Sprinkler valves-clear, open Housekeeping and trash removal Monthly extinguisher checks recorded on unit

Employees trained in use & procedures

WORK AREAS Walking and work surfaces clear of obstructions Floors-clean, good repair,nonskid All exits marked & accessible Non-exit doors marked Exit doors swing outward

STAIRS Steps clear, unobstructed Non-skid strips Handrails adequate, secure

PRESSURE SYSTEMS Hoses in good repair, proper storage Fittings, couplings, pressure gages, working Compressors clear of obstructions Eye protection available at compressor site

ELECTRICAL EQUIPMENT Adequate clearance around control panels

Purpose of each switch identified Lock-out controls Voltage labeled Extension cords of proper rating & in good repair

-1- BKS/D5061091

rL


LADDERS Properly stored Strong enough for intended use Regularly maintained

MACHINES HAZARDS Safety guards in place Working properly and safely All tools in good repair

ENVIRONMENT Adequate lighting and ventilation Noise at acceptable level Housekeeping Material handling Material storage/stacking Hand tools used, maintained properly

Employee safety awareness Supervisors' safety attitude Flammable liquids kept in approved containers & cabinet No Smoking or open flames sign posted near flammables; no MSDS available for hazardous substances Adequate first aid kits Emergency phone numbers & procedures posted

Emergency eye wash/showers functional

Safe lifting procedures observed Safety rules enforced Correct typing posture observed

VEHICLES Brake lights Turn signals Running lights Back-up lights Hazard lights Horn Brakes Steering Tires Wipers Jack Spare tire Lug wrench

-2- BKS/05061091

Check! Observations or

Mirrors First aid kit Oil & other fluids Fire extinguisher Seat belts

Other observations or recommendations:

(Signature)

BKS/D5061091

EMPLOYEE HAZARD REPORT (Forn 4)

Employees are encouraged to use this form to report workplace hazards, unsafe conditions or unsafe practices. There will be no reprisal against an employee for making any such report.

Description of hazard, unsafe condition or unsafe practice

Suggestion(s) for remedying or correcting hazard________________

Employee name (optional)

Date

BKS/D3061091

ACCIDENT INVESTIGATION REPORT (Form 5)

Date:

Investigator(s):

Date of accident/ injury/ report of illness

Description of accident/injury/report of illness

Name(s) of injured or ill employee(s)

Did any workplace hazard, unsafe condition or unsafe practice

contribute to the accident/ injury/ illness?__________________________

Could corrective, remedial or protective measures avoid or minimize

a similar accident/injury/illness in the future?___________________

What will be done to assure appropriate corrective, remedial or

protection measures?

(Signature)

BKS/D4061091

45

SAFETY AND HEALTH PROTECTION Id"' U-"- 1\Jl 5FFU11 iIitB StateolCornIa

\?) U\J U IFU 1 JOSE Department 01 toduatsiel Relations

The California OccUprIttonat Safety and Health Act at 1973 provides lob safely and he.lth protection for workers. The Department Of bndu,tvt.t RelatIon, half prImary reiorrtblttIy for edrrifnhaterfnq the CSIFOSHA prograrrt. Job safety arid health standards are promulgated by the Occupational Solely and Health Standards Saard. Employers and employee, are required to comply with ii,,. standards. £nfo.ce,n.nt I. carried out by the Division of Occupationaf Safety and Health witida the Department of lndu,trlal Retetlort,.

EMPLOYERS AND EMPLOYEES Catiomra law reourres every employer to provide employment m ent end a place of

ployment which are sale and healthful for the employees therein Employers and employees are r,grrwed to comply with the occupational safety and health standards contained In Titlm P of the California Code of fleqrihtlnns and all wltis. regrilaflon, and crdies pursrmrrt to Division Sot the California Labor Code which are llpol.ctble to their employment and actions on the fob.

COMPLIANCE WITH JOB SAFETY AND HEALTH REOUIRE-MENTS

To ensure compliance with State job safety and health requirements, the Division of Occuoat,onal Safety and Health conducts periodic tobsite lnsDect,orig The vispectrono are made by Irorned saisty engineers and industrial tryglenisls.

The law provides that an authorized representative of the employer and a repre aenletive of tIm employees be green an opportunity to accompany the safety engr. neer/lndustnat hygienist or the purpose of aiding the Inspection Where there to no authorized employee representative. the safety engrneeriindust,istf hygienist laths with a reasonable number of employees about the safety and health condItions is the workplace.

Every rvnployee has the right to bring unset, or unhestthful coiidItk..j to Pie attention of flirt safety engrneerrrndustriat hygienist makIng the frtspacliomr. to additIon, any employee who believes unsafe or untseaftflful conditians exist at the wnkstt, has the right to riotity the Division of Occupational Safely and Health. The Division upon request will withhold the names of employees who submit on make statements during an inspection Or investigation.

It the Division of Occupational Safety and Health believes that an employer has violated a sately and health Standard or order, P issues a citation to the employer. Each citation specities a date by which the atteged violation must be corrected. The law provides tw mandatory penalses agarrrst employers at up to $2,000 ton each across violation and for optional penetties 01 up to $1.000 for each general violation. Penalties of up to $2,000 per day may be proposed for failure to correct serious violations and up to 51.000 oar day may be proposed for failure to correct general isolations by the alzatensent date. Also any employer who wittlulty or repeatedly viofsifes any occupational satety and health standard or order may be assessed dsP penalties of not more fltan $20000 for serious violations and 510.000 br general violations.

A wlttfuf violation that causes death or permanent inipairrrt,nf 01 tIle body of arty employe, results, upon convictIon, in a raw 04 riot more than $10,000 or InigrisOn. ment of not more Than six months, or bolts. A second conviction, after a tilt ommic-lion. doubles these ntaxrnunr penalties.

White governmental entities may be cited an the same basis as other employers. and abaferrient dates set, civil penalties wia not be assessed.

An employer who receives a citation. Order to Take Special Action or Special Order must post it prominently at or near the place of the violation ton three working days. or until the unste condition is cotiecled. whichever Is longer, to warn employ-ees at rtangr that may exist there. Any employee may protest the time slowed Ion correction of the isolation.

COMPLAINTS Emoloyees or their representatives who believe unsafe or tinhealttdul candihm.

exist in their workplace have the right to Me complaint with any once of the Didsuras at Oationat Safety and Health and thereby to request en inspection. The Oivlaion keeps confidential the names of cornpirwtrmls unless they request ottierwlse.

An employee may not be tired or punished In any way for filing a cojjqft about unsafe or unhealthful working conditions or using any other right green to by the CaVOSHA law An employee 01 a private employer who believes Out hwaaie fee been tied or punished for exenrctsinq such rights may file a complaint about this diirDiminiation with the nearest Ottrce of the Department 04 kidijairtal Relations . Olimion 04 Labor Standards Enforcement (State Labor Cornwnuewonwr) or with Pie San 1..nsisco office of the U.S. Department 01 Labor. Occupational Safety and Hiatus Employees of elate or local governinerit agencies may tite dlsormnineflon ..lvi.4 only wiltS the Stat. Labor Commissioner. Consult yote local lelestto.* dureclory tar the OReS nearest you

OTHER EMPLOYEE RIGHTS Any employee has the right to refuse to perform work which would violate Pie Call

OSHA Act or any occupational safety or health standard or order where audi violation would aeatit e real and apparent hazard to the emplu,.. or other employees.

Employers who use tiny substance listed as a hazardous substance in Section 339 01 Till* P of Ste California Code 01 Reguititions or aublyct to the Federal Hazard Canwiiu-tiicalion Standard (29 CFRS 1910.1200) most provide enrployaes will. information on the contents of material satety data sheets IMSOS) or equivalent Witormatiort about Pie staistarica which trains employees to use the substance safely.

Errtployers shaft make available on a timely and reasonable basis a material sefety data sheet on each hazardous substance lithe workplace upon request of an ....plOIr.e coledivc bargaining representative, or an employees physician.

Employees have the right to see and copy Pier medical records and accieste records 04 employee exposure to polentiatly, toxic materials or harmful pfsyatcat agetita.

Any employee has the right 10 observe monitoring on measuring of w.,abyee exposure to hazards conducted pursuant to CaLOSHA standards. Employers must lel Pie0 employees when they are being, or have been. exposed to concanlratioris ol harmful substances higher than the exposure lImits slowed by CaIIOSHA alandarda. and the corrective action being taken.

For information and assistance, contact the nearest office of the Division of Opa• lionel Safety and Health. See addresses below.

The tow requires each employer In CalIfornia to post thIs poster conspicuously in each workplace.

CONSULTATION SERVICE In order to encourage voluntary compliance. CSLVSHA provides tree, upon request,

a ttil range of occupatIonal solely and health consulting services. The Caf#OSHA Con-sultation Service Is separate from Cat/OSHA enforcement actIvIties.

OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH HEADQUARTERS: 395 Oyster Point Blvd. So. San Francisco 94080

Regional Of flees Anaheim 2100 E. Kalelta Ave.. Room 125.92906 (714)939.8611 VanNuys 6150 Vanlrluys Blvd., Suns, 4W. 91401 (510)901-5403 Los Angeles 3550 West Sixth Street. Suite 413.90020 (213) 736.4911 Ventura 1655 Mesa Verde. 93003 (SOS) 8544591 Sacramento 2422 Arden Way. Suite 853. 95825 (916) 9206127 Vernon 13050 Heritage Pit Dr. Ste 20t.Santa Fe Spgs 90670 (213) 941-7676 San Francisco 455 Golden Gate Ave.. Room 117I, 94102 (4 is) 5574640

District Offices Anaheim 2100 E. fcatetta Ave.. Room 140. 92906 (714) 939.0145 Balte,sfi.rfd 4500 Slockdale Highway. Suite 212. 93309 01051395-2718 Concord 1455 Eriea Circle. Bldg. E. Suite 900. 94520 141S)676-5333 Covinia tt23 So. Parkvlsw,SuitetOO.91724 total 966.1156 Fresno 2550 Marlposa St.. Room 4000. 93721 (209) 415.5302 Long Beach 401 E Ocean Blvd.. Room. 400.90902 (213) 5905035 Los Angeles 3550 West Sixth St.. Room 431. 90020 (213) 736.3011 Modesto 1209 Woodrow Ave.. Suite C 4.95350 (209)575.6260 Oakland 7700 Edgewater Dr. Suite 658.94621 (415) 568e602 Redd urig 381 )itenisted Drive. 96002 (915) 221-4743 Sacramento 2422 Arden Way, Stile 855. 95825 (916)9208123 Son Bernardino 303 West Third St.. Room 610. 92401 (7`141383-4321 San Diego 7007 Convoy Court. Suite 140, 92111 (6191237-7325 Sari Francisco 455 Golden Gale Ave.. Room 1193. 94102 1415) 557.1677 San Jose 100 Posed Os San Antonio. Suite 101. 95113 (405) 277-1250 Sanldateo 1900 So Norfolk St..Suite2I5.94403 (415)5733512 Santa Fe Sops 13050 t4.rrlaqti Park Or. Ste. 201.90670 (2131944-7676 Santa Rosa 50'0' St.. Suite 130. 95404 (207) 5762388

Field Offices Chico 555 Rio Linda. Suite A. 95926 (916) 895.4761 EureKa 619 Second St.. Room 109. 95501 (707) 4154611 Salinas 1164 Monroe St.. Suite 1,93906 (406) 443.3050 Stockton 31 E. Channel St. Room 415. 95202 (209)9457782 t*iefi 620 Kings; Court. Suite 5.95452 (701) 4634783

CAL/OSHA CONSULTATION SERVICE re: 395 Oyster Pt. Blvd.. 3rd Fl.. So.San Francisco. 94060 (415) 737-2643

Ares Odtoes Dow ney............... 5535 E. Florence Ave.. Suite 200. 90240 ..................... (213)861-99931 Fresno ................. 1901 N Gateway, Suite 102.93727........... ............... (209) 454-1295 Sacramento 2424 Arden Way. Suite D'90. 95825........ (916)920-6131. San Diego ........... 7527 Convoy Count, Suite 406. 9211 I..,----,,....,.,_ (619) 279-3771 San MaIeq........... 3 Waters Park Drive. Stile 230, 94,103 ........................ (415) 573-3562

P,r,omrs wnliirrq 0 repsair a cotnioln, Otlnqir'o Oft miscy in fire nilmirimerirration 04 Pi. Caulorine OalIan.l Sal,ty and l'lettfrt. Plan nrey .10 so by corca1ri Pie Sari Francisco Regional ORes II Pie Occijoatiorurt Salem and t.apir Aiaraiwitraliori (OSHA). U S Deoaiirrierrt of Labor (TV 415/7414116751 05*4* rmmwors Pin coeraimi. of Shiv dent to agese ma ccnein,,ed a0ro.W to wailed

TO ALL EMPLOYERS OF CAt.tc(WINIA EMPLOYEES Seci.cn elseInt of ew CaPenre Labor Code ies Piat lirlormatron that be costed 'egardeig r..t.CL, and obligations 01 w r.L,..... under Pie orcrjpatiorsw sar.t, and Piealii. tows ThiS rosier iiwr.rs that r.Qurrerr.eqv and wean be ttroriiwley pevied In aft olaces 01 iimiioioyiiierrl in the stale 04 Cilfonea Section 6431 II the Cailomie t.alor Cod. oroatir.-. iirCl aii ...irfor.r alay a.milal.q an. ci lii. upranq .-ir,rrnr.rv. of Sadie.. Mdi ci Pie C.al.innea t,xOo. Crete viral lii' awimoad a am cilaily at us Ia win irwimaamid loin, 1Sf .0001W 55Cr' n.oiirr.or. ' APPIL 1180

SECTION VI

ROSTER OF PUBLIC AGENCIES

Government Code Section 53051 (copy attached) requires each public agency to file with the Secretary of State and with the County Clerk of the county in which it is situated a Statement of Facts concerning the District and its governing board. This code section also requires that an amended statement be filed within ten days after any changes in the facts set forth in the file statement. Form LP/SB-405 (Exhibit "P", Page VIII:18), Statement of Facts Roster of Public Agencies Filing, may be obtained from your County Clerk or the SDRMA Administrator/Risk Manager.

A COPY OF FORM LP/SB-405 IS ALSO TO BE FILED WITH THE SDRMA ADMINISTRATOR/RISK MANAGER WHENEVER THE FORM MUST OTHERWISE BE FILED.

Government Code Section 946.4 (copy attached) provides that the six-month claim statute is not a defense for a public agency that has failed to file a statement or amended statement as required. It is most important that your district and SDRNA continue to have the six-month claim statute as a defense to claims against your District. Accordingly, your District must have a Statement of Facts on file as required by this code section and must file an amended Statement of Facts within ten days after any changes in the facts contained in the prior statement.

Rev 2/1/91

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To: MBCSD Directors 7/21/91 Fr: Gordon Bennett Re: Insurance Seminar - Drivers

MBCSD has insurance through SDIA for drivers on Distrct business only if: 1) they have a valid license and 2) they have the required CA auto insurance if they use their own car

If either of the above two requirements is not met, the District's insurance is invalid. SD"1A requires that every driver provide the District with a copy of their license and (if driving their cr car) proof of insurance. To assist us in overseeing these requirements, the DMV has a new Driver Information (Pull Notice) Program. SD'1A and OMV specifics are on the following 4 pages. Al] employees, including_i who drive on CSD business must be listed, license & proof of insurance copies obtained. Independent contractors on CSD business are exempted. Do CCC members, Fire chiefs, District Secretary. Bistro person drive on CSD business?

MBCSD DRIVER RECORDS (updated:_9/25/91)

Name DL # Exp Copy? Birth Position Emp Dt Dist/Own Proof Veh/ Veh Insur

Bennett, Gordon A0139965 95 7/21/46 Director 1989 X

Yamamoto, Judith Director 1989 X

Shaffer, Steven Director 1989 X

Pinto, Erin Director 1989 X --

McNeil, Regan P0610907 93 9/15/48 Employee 1989 X

Homen, Kenneth D0049459 91 - 11/28/37 Meter Reader 89 X

Rudnick, Peter N4395702 92 8/15/49 Vol Fire 1989 X NO

Lanier, Sidney A6414025 93 4/29/53 Vol Fire 1989 X NO

Sward, John H0992314 92 6/27/42 Vol Fire 1989 X NO

Allen, Rob N0047668 92 12/21/54 Vol Fire 1989 X NO

Moore, Michael N3456217 92 6/4/57 Vol Fire 1989 X NO

Collier, Aran N6472853 91 10/22/59 Vol Fire 1989 X NO

Farkas, Bill C0319270 92 3/3/49 Vol Fire 1989 X NO

Marshall, Ted P0006673 90 - 10/20/47 Vol Fire 1989 X NO

Clark, Bryan N0890548 94 - 3/5/54 Vol Fire 1989 X NO

Felix, Mark C0684617 9/11/61 Vol Fire 1989 X NO

Freebairn-Smith, N4562940 92 - 12/23/57 Vol Fire 1989 X NO Sutton

qq

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

Driver Safety Policy

Policy No. 88-10

A POLICY OF THE BOARD OF DIRECTORS OF THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

REGARDING COVERAGE OF DRIVERS OF MEMBER-DISTRICTS

WHEREAS, the Special District Risk Management Authority provides risk pooling for auto liability risks; and

WHEREAS, it is in the best interest of all member-districts of the Authority to control losses by minimizing risks connected with the operation of both district owned and non-owned vehicles on which such risks are pooled;

NOW, THEREFORE it is the policy of the Board of Directors of the Special District Risk Management Authority, until such policy is amended or rescinded, that:

1. Each driver of a member-district owned or operated vehicle shall have a valid California driver's license [a driver new to California will be permitted a 30-day period in which to obtain a

(

California license, provided such driver holds a valid license from another state]; and

2. Each driver shall possess a valid California license of the class required for the vehicle to be operated by the driver; and

3. Each driver of a member-district's non-owned vehicle shall possess the minimum financial security requirements required in the State of California; and

4. Each driver shall provide the member-district with a copy of driver's current license and, if driving a non-owned vehicle, evidence of insurance; and

5. Any driver who has been involved in an accident in which driver is alleged to have been under the influence of alcohol or controlled substances, and of which accident the District Manager or Designated Person has knowledge, shall not be covered by SDR}IA UNTIL SUCH ALLEGATIONS HAVE BEEN RESOLVED; AND

6. Any driver who has been evaluated at more than 20.0 points, based on the attached point evaluation schedule, shall not be covered by SDPMA until such

Rev 2/1/91 Appendix 8-H Page 1

- 11

driver shall have reduced the total points to 10.0 or lower; and

7. A district with a driver who has been evaluated at between 10.1 and 20.0 points, based on the attached point evaluation schedule, shall be encouraged to assist and encourage the driver to take such remedial actions as are necessary to reduce the driver's evaluation score to 10.0 or less.

Adopted this seventh day of April, 1988 by the Board of Directors of the Special District Risk Management Authority.

ATTEST:

Richard K. Maddalena, CPA Administrator/Risk Manager

POINT SCHEDULE

Summary:

Acceptable 0.0 to 10.0

Marginal 10. to 20.0

Unacceptable Over 20

Convictions

Class I (5 points)

Serious convictions indicative of deliberate recklessness or flagrant disregard of the law, such as:

Driving after revocation or suspension of license. Operating under influence of intoxicating liquor, narcotic or dangerous drug. Attempting to elude officer. Failure to stop after accident. Racing. Reckless driving.

Class II (3 points)

Convictions usually connected with an accident, such as:

Failure to keep vehicle under control Failure to yield right-of-way Following too close

Rev 2/1/91

Appendix 8-H Page 2

lot

Inattentive driving Too fast for conditions

Also, convictions of intermediate severity, such as:

Careless, hazardous or negligent driving Passing illegally Failure to stop for school bus Speeding

CLASS III (1 point)

Other moving violations

CLASS IV (1/2 POINT)

Non-moving violation convictions, such as:

Operating with expired driver's license

Accidents:

Class V (points as listed)

From experience records:

Preventable, other than below 3 points Backing or maneuvering 2 points Non-preventable accidents 0 points

From MVR:

No conviction on same date 2 points With Class I conviction,

same date (for both) 5 points With Class II conviction,

same date (for both) 3 points With Class III conviction,

same date (for both) 3 points

Time Weight

Points will be weighted, counting backward from the first of the month in which the MVR is received by SDRMA:

Most recent twelve months Tripleweight points

Next twenty four months Doubleweight points

Next thirty six months Singleweight points

Over six years No points to be assigned


DRIVER INFORMATION (PULL NOTICE) PROGRAM

California permits governmental employers to participate in the

PULL NOTICE PROGRAM. Under this program, governmental agencies

may register to obtain notices from the Department of Motor

Vehicles when registered drivers:

- are convicted of a driving offense; or

- are accumulating a negligent operator's record; or

- have had a license suspended or revoked; or

- has had any other actions taken against driving privilege

or certificate or license.

You must obtain a Confidential Reauester Code Number. This number

is obtained by using Form DL 68, Application for A Governmental

Requester Code Number. There is no fee for this service. Please

direct your request for a form, or other questions, to:

Department of Motor Vehicles Headquarters Operations Information Services P.O. Box 944231 Sacramento, CA 94244-2301

or call a technician at 916- a ?j9 41c?

Districts are urged to participate in the PULL NOTICE PROGRAM, to

ensure that their drivers remain qualified.

Rev 6/26/91 8.7.1

10


• DR MA 2400 Venture Oaks Way Suite 460

Sacramento, CA 95833-3291

August 28, 1991

Joan LLopes Heber PUD P.O. Box H

CA 92249 Ms. Hazel Melo (eta) 353.0323 Muir Beach CSD

Star Route Box 221 (ViceP"wideng - Art Holm" Sausalito, CA 94965 14 C.11. Sot Ban Clement., CA 6267* Dear Ms. Male: 14)496-1280

John WooU.y This will acknowledge receipt of your payment of 1991.- manflacm 1992 contributions in the following amounts for the 147M.lvenRoad programs indicated: Abate.. CA 955*1 (707)4454451

$ 9,720.00 in full payment - Package Jam.. W. 1 $ in full payment - Boiler/ Running Sprin$sWater P.O. EMz t*oe Machinery Program Running Sprthg.,CAfl3$* .$ 1,151.00 in full payment - Vehicle (714)867-2766 Comp/Collision Program Bob Rawson Cuyszne.SD If there are adjustments due to additions or deletions of P.O. Box 353 Now Cue....CA63254 vehicles or property, you will receive a refund or billing W5) 766-2247 from SDRMA in about six weeks. Batty HMTI.Ofl.SInIth P.O, Box 367 If you have not paid for any program shown above, but wish Sheeta, CA 96087 (916)24l222 to participate, please call me at once, or send your

additional contribution, if you have the invoice - E&aF.Sam elective programs are n2t. continuous, but are effective P.O. Box 1152 He.fork,CA9604i only upon payment of the applicable contribution(s). (916) 628-5612

Shortly after August 1, 1991, we will forward you your AdminlatzatorfRiakMane.r Declaration Pages, showing the program(s) in which you Richard KMadde.l.na participate. As soon thereafter as the excess policies

are received by SDRMA, they will be forwarded to you.

We appreciate your continued confidence in SDPMA, evidenced by your renewal of your membership.

We regret that your 1991-1992- contribution was not received in time to earn the "timely payment" discount on your 1992-1993 renewal. The contribution had to be in SDRMA's off ice by July 26th, but didn't arrive till after

In California: TOLL FREE NUMBER: (800) 537-7790 Elsewhere: (916) 641-2773 FAX: (916) 641-2776

Ms. Hazel lislo August 28, 1991 Page 2

that date. (Note: Some districts send their payments through the county office, but the checks rust still be received by the due date, to earn the credit.)

Sincerely,

Richard K. Maddal.na, CPA Administrator/Risk Manager/Clerk

RXM:kjc

a • a..... U •uuU• _ j 'mu SPECIAL DISTRICT RISK

ad.. m • UUk •....

01 a. . 6.7. a MANAGEMENT AUTHORITY

SDRMA 2400 Venture Oaks Way Suite 460


MEMORANDUM

Board of Directors August 4, 1991 (President) JuLop.z TO: SDRMA Member-Districts, Directors Heber PUD P.O. Box H Heber. CA92249 FROM: Bud Maddalena, Administrator/Risk Manager (619) 353-0323

(Vice President) RE: Boiler/Machinery coverages Art Holmes Safety/Claims workshops 34 Cilia 501 San Clements, CA 92672 (714) 498-1280 BOILER/MACHINERY

(Secretary) John Woolley The Boiler/Machinery program, which has previously been an ManI1aCSD elective program for member-districts, will, as of August 147 Melven Road Arcata. CA 95521 1, 1991, become part of the Package Program, without (707)445-8451 additional cost to members. Thus, if you have boiler!

machinery exposure, and suffer a loss, ycu should report James W. Towa Running Springs Water the loss immediately to SDRMA, arid you will recover, if the P.O. Box 2206 loss qualifies under the program SDRMA has purchased on Running Springs, CA 92382 your behalf. (714) 867-2786

Bob Rawson That's the first good news But there's more: Cuyanis CSD P.O. Box 353 Now CuyamaCA93254 1. If you've already paid for boiler/machinery coverage (805)788-2247 for 1991-1992, we enclose our check in the amount of Betty Harrison-Smith P.O. Box 367 -0 $ , refunding your contribution, because Shaita, CA 98087 (918)246-1222 you're automatically covered.

Earl F.Sayre 2. If you participated in the boiler /machinery program P.O. Box 1152 Hayfork,CA96041 in 1990-1991, you probably overpaid - because we (916) 628-5512 programmed the computer with the decimal point in the

wrong place, causing you to pay ten times the required AdministratorffiiskManager contribution. If that happened to you, we enclose our Richard KMaddalena check for 1990-1991 overpayment, in the amount of

$ 'C -, and apologize for any inconvenience our error may have caused.

SAFETY/CLAIMS WORKSHOPS

And there's still more good news! Recognizing the cost of districts in Southern California sending new Designated Persons and/or Safety Officers to required Workshops in

In California: TOLL FREE NUMBER: (800) 537-7790 Elsewhere: (916) 641-2773 FAX: (916) 641-2776

MEMORANDUM TO MEMBERS August 4, 1991 Page 2

Northern California, and vice versa, the Board has revised its policy, so that:

1. Newly appointed Designated Persons and/or Safety Officers will have one year from date of appointment, in which to attend a required Workshop. Such persons may attend the workshop closest to them [Irvine, in February; Sacramento, in November, location to be announced, in July).

2. No "penalty" will be charged for not attending the next Workshop after appointment, but

3. Failure to attend, as required, may result in non-renewal of your District's participation in SDRMA's risk financing programs.

This policy is based on the fact that those district staff and/or Board who fill these two vital functions must be made aware of SDRMA expectations and requirements for safety and claims handling, in order for SDRMA to minimize losses and provide the lowest cost risk-financing for its members.

The changes shown above are for the period beginning July 1, 1991.

PROPERTY LOSS

Finally, we're sorry to announce that there is a change in the property loss provisions of your Package Program, effective August 1, 1991. For property losses that occur after July 31, 1991, you will recover replacement cost only if you actually replace the lost property. Otherwise, you'll recover a calculated amount generally equal to cost, less depreciation, on the lost/damaged property.

MEMORANDUM OF COVERAGES

We expect to issue the Memorandum of Coverages by about the first of October. In the meantime, you'll shortly receive your Certificate of Coverage from us, and the Declaration Pages will follow shortly thereafter.

Renewal was achieved with the loss of only two members, each of which was replaced by a new member, so our total remains 136 member-districts.

Please give us a call at 1 800 537-7790, if you have questions. Otherwise, we look forward to seeing you at the Annual Meeting in Sacramento on September 26.


DECLARATIONS

DISTRICT COVERED: Mi,- Beach rmmiinn-y Rtzruirgzs flisrh--

COVERAGE PERIOD: FROM AUGUST 1, 1991 TO AUGUST 1, 1992 at 12:01 a .m., Pacific Standard Time

Your district/agency has elected to participate in the risk financing program described below as "THE PACKAGE PROGRAM" and in., such other programs as are indicated herein. Please read the Second Amended Joint Powers Agreement and Bylaws of the Special District Risk Management Authority, or successor documents thereto, together with this Memorandum of Coverages, to ascertain your rights and obligations.

COVERAGES AND LIMITS THEREOF:

THE PACKAGE PROGRAM:

PART A: Property Loss Coverage:

Replacement cost, if replaced, but not in excess of the declared values on your application or any additions thereto or deletions therefrom during the term indicated above, subject to the terms, conditions, deductibles and exclusions as provided herein; and subject further to the terms, conditions and exclusions of the excess policies attached hereto.

PART B: General Liability Coverage:

$1,250,000 per occurrence, subject to the terms, conditions, deductibles and exclusions as provided herein, and subject further to the terms, conditions and exclusions of the excess policies attached hereto. Property damage is subject to a $500 deductible per occurrence.

PART C: Vehicle Liability Coverage:

1

0

le

$1,250,000 per occurrence, subject to the terms, conditions, deductibles and exclusions as provided herein, and subject further to the terms, conditions and exclusions of the excess policies attached hereto. Property damage is subject to a $1,000 deductible per occurrence.

PART D: Public Officials' and Employees' Errors and Omissions Coverage:

$1,250,000 per occurrence/aggregate per member; thereafter, a limit of $250,000 per occurrence applies to each covered occurrence; both subject to the terms, conditions and exclusions as provided herein; and both subject further to the terms, conditions and exclusions of the excess policies attached hereto.

PART E: Boiler and Machinery Program:

Cost of repair or replacement, with deductibles as listed in the excess policy attached hereto; subject to the terms, conditions and exclusions of the excess policies attached hereto.

OTHER PROGRAMS:

This Memorandum of Coverages does not apply to any coverages other than those in the PACKAGE PROGRAM. Any other coverages, if any, are reflected in other documents.

OTHER PROGRAMS:

(Your district/agency participates if the item is "X"ed on the line preceding the program name.)

Vehicle Physical Damage Program (Limits, exclusions, deductibles as described in. appropriate documents; in accordance with schedule attached thereto.).

NOTICE: If proper, timely notice of intent to withdraw is not given, as required by the Second amended Joint Powers Agreement and/or the Bylaws, or successor documents thereto, your District shall be responsible for the full program year's contributions and any

2

assessments applicable thereto, for th program year for which notice was not timely given, as well as any other assessments to which you may legally be obligated. SDRZ4A shall be responsible for continuing your membership, unless you are refused coverage by the excess carriers.


-'4 Signed by: 4t'L (I

P sident I Administrator/Risk rManager

3

)lo

Date: Wednesday, November 13, 1991

Place: Beverly Garland Hotel Sacramento

Time: All day

Cost: No registration fee Free" lunch

!*iIç!iF1 I T I I

a_u • a a a a

N S • S S S

- - a._N S S

_ • •%N • - _ •

S S

S

- • S S

- - - -

,p - - N

— (Ct

US'

161

WATCH FOR ADDITIONAL INFORMATION AND REGISTRATION

FORMS, ABOUT SEPTEMBER 15, 1991

EXCITING! INFORMATIVE! USEFUL!

...AND YOU EARN CREDIT INCENTIVE POINTS TO REDUCE YOUR 1992-1993 CONTRIBUTIONS!!!

a:. .. Date: Tuesday, November 12, 1991 I S I! !! Y I a! a

a i Place: Beverly Garlafld Hotel Sacramento

we to 5:00 pm (The End)

______Ta a 0 sea

It IRS III I szor ufree w lunchI.

Time: 8:30 am (Registratiot)

a a a a * a 1IlI a Cost: No registratio'. fee

.Y .'a'a'4,y1t1 B V e •y

Attend the next

SAFETY/CLAIMS

WORKSI WATCH FOR ADDITIONAL INFORMATION

AND REGISTRATION FORMS, ABOUT

SEPTEMBER 15, 1991

112-

September 18, 1991

TO: Muir Beach Community Services District Board of Directors

FROM: Henry Hyde District Water Manager

SUBJECT: ACTION ITEMS FOR SEPTEMBER 25, 1991 BOARD MEETING

The following action items are submitted for consideration by the Board of Directors at its September 25 meeting:

1. Approval of Water Line Intertie Project Change Order No. 2 Replacement of the hydrant at the intertie connection on Highway 1 and at the Pelican Inn. Upgraded hydrants installed in accordance with ISO fire insurance survey recommendations.

Lunny Grading & Paving has accepted the District's price of $3,220 (vs. Lunny's $5,716). I therefore recommend Board approval of Change Order No. 2 in the amount of $3,220.00.

2. Acceptance of Water Line Intertie Project and Authorization of Final Payment The subject project has been completed in accordance with the terms of the Contract with Lunny Grading & Paving, Inc. and, upon final inspection, the work is acceptable.

I therefore recommend final acceptance of the project by the District and final payment to Lunny Grading & Paving, Inc. in the amount of $2,752.00 (10% withhold amount).

3. Authorization to Purchase Water Meters Authorization is requested to purchase thirty (30) new water meters to replace existing deteriorated meters. Service meter replacement is part of the Five Year Water System Capital Improvement Program adopted by the Board in conjunction with the FY 91-92 Budget. This item is budgeted for $1,350.00 for this year.

MUIRQSD.bh

4. Investigation of Replacement Well for Main Well No. 1 The Main Well No. 1 production rate (gal/mm) dropped significantly about two weeks after the installation of the new wall pump. Upon investigation including well pumping and drawdown tests, it was determined that the well casing has deteriorated by corrosion and encrustation to the extent that the perforations are plugged thereby restricting water flow into the well. This condition causes pump cavitation, surging and air in the water. Static water level and drawdown tests confirmed this finding.

Alternatives available to correct the problem include 1) rehabilitation of the existing well casing (10 years old) or 2) replacement. Available rehabilitation methods include 1) brushing and swabbing the inside of the casing or 2) use of chemicals (acid) to remove the encrustation. Brushing and swabbing ($1,200) is not very effective and use of acid chemicals is dangerous and costly ($3,000+).

Upon discussion of the situation with the Board Chair considering operational reliability needs and the need to meet SWRCB Division of Water Rights requirements for classification of our water supply as "groundwater," it is recommended that investigation of a replacement well be initiated at this time as follows:

1. File the required Notice of Intent to construct a new well with the Department of Water Resources with a copy to the SWRCB Division of Water Rights. The purpose is to stimulate a response from Water Rights regarding new well requirements in conjunction with classification of our water supply as a "groundwater" source.

2. Establish the boundaries of the District property at the well site to determine that the new well will be at least 100 ft. from the creek and remain on District property. The 100 ft. distance is a California Department of Health Services requirement regarding classification as "groundwater."

3. Develop new well design criteria and cost estimates in order to proceed with the project upon resolution of Items 1 and 2:'

In the interim, a flow restricter has been installed in the discharge line of the existing well to limit the discharge to 50 gal/mm. This temporary solution appears to work and will not harm the new pump.

MUIR-cSD.hh

ORIGINAL FILE WITH DEPARTMENT OF WATER RESOURCES No. 250701

- 4

NOTICE OF INTENT

DEPARTMENT OF WATER RESOURCES:

On or about

I plan to commence drilling El, deepening Q

reconditioning {1, or destruction of [] a cable E1 rotary fl, or other

type

well, for ptirposec The work will be done lot (I'riipiisesI (ice of well)

(Name of client and address)

Approximate location of well is

(Legal subdivision or by rekti'nce to some landmark)

- in County

l,ir'. No, (Well driller)

(Address)

Ni't'il log forms [1 Need notice lards 11 DWR 2125

STATE OF CALIFORNIA THE RESOURCES AGENCY

DEPARTMENT 01" WATI'B RESOURCES INFORMATION ON NOTICE 01' INTENT

LEGISLATION

The NtIli('t' (if ltih'til form has l'ntt Im-pared by the l)i'ptrttnt'uil iE Vali'r l(t'sottrri's iii act-on Ia tnt' wit Ii legislative iii rrt-t hiii gi stat by ( liaptt'r 1088. Stat i ak's of 1465, a inendeil in I967 its f (if lows:

I '1750 Every person who hereafter intends to ilip, hon. or (trill a water well. or who Intends too tkejwri on r.'perforalc (lii) SIIIII Wi'11, or III nlinili II or (l(Sti'fl)' a w4lrr well, shall IIIe with the ilr'pant u't a mit h, of intent hi engage in 51i'h ei,nst riaci ion or repair j'1nr I • i'('lnnhi'fll'ing suad roUst owl u.n or repair, provadeul. IliuI when such ennalruiclion or repair must 1w ac'complishi'd ininieulialely in ou'ih'r Ii, prevent damage In 1w'rsons or rownty dii.' In the h.1 of an esisling water su.ppiv, su,,-h v tin' 5hall Ii.' File.1 with I he depart mint l-.sor,n as ;.issilule I luu'nu':uftu'r, hut in any event rail amine than Five nays after - ummenc'.'mi'nI iii Sill-h c-umstr(,uliuni iii repair

"The nea,fl shall he made-on forms ftarnished hs the department and shall contain inch Information as ilw.department may require, inchidin, but not limited to' (a) description of llw well site suiflietently end to permit location anti identification of the we )h) proposed date of construction of well )e) the usc for which the water well is intended, (d) the work to lie done and a dcruption of type of construuctiuni. and )u') in event of lid.' filuuugr, the reasons theru'for.

INSTRUCTIONS

Complete original and mail to Department of Water Heo,urcrs district office in whose area the well was drilled. This is a pni 'add rrsst't I form I a0(1 tit litislage stamp is necessary. Retain

(lIiplicnili' For your rt'n'orils. Should ytni drill sst'lIs lit tutiuri' I liati out' aria, srt'atInlnt'sst'il Forms

For tht'cit' areas will lx' cciii on rtttvct. - 0 47217

COUNTY OF MARIN

OmcE OF THE ADMINISTRATOR

September 13, 1991

THOMAS F. CAMPANELLA ADMINISTRATOR

Mrui J. NICHoI.S ASSISTANT ADMINISTRATOR

Hazel Melo Muir Beach CSD Box 221, Star Route Sausalito, CA 94965

Dear Ms. Melo:

Attached are the original and one copy of an agreement between Muir Beach CSD and the County of Mann.

Please provide Exhibit A (Program Description) and Exhibit B (Program Budget). We will also need an insurance certificate, reflecting the requirements noted in paragraph #12 on page 2.

Please review the agreement and have both copies signed, returning them to this office for signature by the Chairman of the Board of Supervisors. An executed copy will be returned to you for your files.

If you have any questions, please feel free to call.

Very truly yours,

Marie Anderson Executive Secretary

Attachments

Room 331, Civic CENTER, SAN Ra, CAuIIA 94903 (415) 499-6358, Th..scoi'y (415) 499-3645

AGREEMENT

THIS AGREEMENT, made and entered into this day of 1991, by and between the COUNTY OF MARIN, a political

subdivision of the State of California, hereinafter referred to as "County", and MUIR BEACH CSD, hereinafter referred to as "Contractor".

WIT NE S S ETH:

In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows:

1. Contractor shall, in a satisfactory and proper manner, as determined by County, supply all necessary facilities, supplies and staff required for satisfactory performance of, and shall perform those certain services described and set forth in the Program Description attached hereto as Exhibit A and made a part hereof. Said program shall be available to any resident of Mann County who is eligible under the standards specified in Exhibit A.

2. The parties hereto agree that this Agreement shall not be construed as creating an employment or agency relationship, but that Contractor is an independent contractor. In this connection, all personnel staffing the programs emxmetate1 herein s\x1 ke. 1o'e.es o'i Corittctot or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for employees of Contractor or its delegate agencies.

3. In consideration of Contractor operation of the aforesaid services, County agrees to pay Contractor or its delegated fiscal agent the sum of not to exceed $10,000 said sum to be payable, on demand, as follows, subject to timely receipt of required reports and compliance with insurance requirements as hereinafter provided:

Within 10 days of execution of Agreement $10,000

4. Contractor shall expend the funds in accordance with the Program Budget attached hereto as Exhibit B and made a part hereof and shall submit to County quarterly financial reports showing expenditures of the funds payable hereunder on behalf of the various programs. Contractor shall render a final accounting not later than July 15, 1992. Should Contractor's expenditure of County funds hereunder be less than the amount payable hereunder, Contractor shall return the difference to County not later than August 1, 1992.

5. Contractor agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit B received by Contractor from any governmental body or public or private organization, including the United Way, when such funds are provided for the purpose of supporting the identical program and level of service described in the attached Exhibit A. Contractor further agrees that it shall promptly report the receipt of any such funds to County.

• • 6. Contractor shall maintain, on a current basis, complete program and financial records and accounts, to assure proper accounting of the expenditure of funds and the performance of services pertaining to this Agreement. Contractor shall retain said records for three years after the expiration or termination of this Agreement unless permission to destroy them is granted in writing by County.

7. Should County wish to do so, it may undertake an independent audit and/or evaluation of Contractor's records and accounts of expenditures and program activities at its own expense, and Contractor agrees to furnish all items necessary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by law. Said audit and/or evaluation may include, but shall not be limited to, the expenditure or receipt of program funds, program quality, the number and service characteristics of Contractor's clientele, and the relationship of Contractor's services to services provided by other agencies in the community.

8. None of the services described in Exhibit A shall be subcontracted nor shall any interest in this Agreement be assigned by Contractor without the prior written consent of County.

9. Contractor shall not discriminate against anyone employed in the performance of this Agreement, or against any applicant for employment because of sex, race, creed, color, age, national origin, or handicapping condition. This requirement shall apply to, but not be limited to, the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. Contractor shall, in the performance of this Agreement, comply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments.

11. None of the funds, materials, property or services contributed by County or Contractor under this Agreement shall be used in the performance of this Agreement for any partisan political activity, to further the election or defeat of any candidate for public office, or for any religious worship, instruction or proselytization.

12. Contractor shall indemnify, defend and hold harmless the County of Mann, its officers, agents, and employees, from any and all claims, liabilities or causes of action, including contractual claims for injuries or death to persons, or damage to persons or property, arising out of or in connection with the organization, promotion or operation of any program funded pursuant to this Agreement. In this connection, Contractor agrees to maintain public liability insurance with limits of $100,000 per person and $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Mann and its officers and employees as additional insureds during the term of this Agreement. Prior to payment of any and all claims under this Agreement, Contractor shall provide County with evidence of said insurance by filing with County and keeping up to date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of "the County of Mann, its officers, agents, and employees". Said certificate shall further state the insurance policy number, the effective dates (both commencement and expiration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any material change in coverage shall be delivered to County ten (10) days in advance of the effective date of such cancellation, termination or change.

13. This Agreement, including the exhibits attached hereto and made a part hereof, can be amended only by written agreement of the parties hereto.

14. This Agreement shall continue from July 1, 1991 to June 30, 1992, unless earlier terminated as hereinafter provided. Either party hereto shall have the right to terminate this Agreement at any time upon giving the other party hereto at least thirty (30) days' written notice prior to the effective date of such termination. In the event of termination, then County's obligation to Contractor hereunder shall terminate forthwith, and Contractor will no longer be obligated to operate said programs, with the exception that Contractor will still be obligated to provide and/or maintain the reports and audits provided for in Sections 4, 6, and 7.

it

15. Without prejudice to the foregoing, Contractor agrees that if, prior to termination or expiration of this Agreement, it is determined by County, upon any final or interim audit by County, that Contractor shall have failed in any way to comply with any requirements of this Agreement, then Contractor shall forthwith bring itself into compliance and shall pay to County forthwith whatever sums are so disclosed to be due to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to Contractor pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, Contractor shall pay to County forthwith whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and Contractor arising out of this Agreement, the prevailing party shall be entitled to recover its attorney's fees from the other party in such an amount as may be fixed by the court.

16. This Agreement shall not be assigned without the prior approval of the Board of Supervisors of the County of Mann.

17. Notice under this Agreement shall be delivered to County in care of:

Board of Supervisors Room 315, Civic Center San Rafael, CA 94903

and to Contractor at:

Box 221, Star Route Sausalito, CA 94965

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

COUNTY OF MARIN

Chairman of the Board of Supervisors

ATTEST:

Clerk

MUIR BEACH CSD

B Q0y

&nneYch*

11 9

Th6RL) wo jJ I I J t)I V WNCN (iJ3cToE. ii2 iTS Ai

WATER SYSTEM SCHEDULE OF IKPROVDCEWFS

iority Project/ Estimated Completion Service Group Priority Cost (1988) Schedule Area

A. Supply Improvements $ 23,300 1989 All

B. Fire Flow Iproveents 1NCWDIMG ASctTD VALVE U)STLLATIOiJs, oQyAD €As€cn€iT COSTS HYDRAI\JT UP6RADES)&EtGJgIN C05

D-2: 330' -6"/PRV 36,706 1990 pelican Inn, (1 'Y 1 & Frank Valley) pacific Way

D-5: 500' -4" 42,500 1991 Sunset Way (Charlotte's way-Sunset)

D-4: 250' -4" 13,800 1992 Sunset Way- (Sunset-pacific) Pacific Way

Subtotal B S Iio

C. Distribution Improvements D3: 190' -6"/PRV 29,200 1993 Sunset Way (Hwy 1 & Sunset)

D7: 370' -'4" 228100 1994 4 Lots (Starbuck Ext.)

D6: 300' _411 14 8500 1995 4 Lots (Cove Ln.)

Subtotal C rio

D. High Zone Reservoir

L20

2000 (1) Al] Replacement

Total Cost

L0 (1988 Dollars)

(1) The high zone reservoir replacement may be completed sooner depending upon outside financing (e.g. grants).

129

To: MBCSD Directors From: Gordon 9/17/91 -

Re: Water Policies 9/25/91 Amendments

Hazel recently told me that our current policies do not include her billing practice for property owners with multiple legal units serviced by a single meter. According to the Assessors records, there are only three such properties in the District, each with two units: Kaplan, Elliot, and Laatsch. Hazel has apparently been billing the meters an extra $10 per month flat rate charge. I would recommend that Hazel's policy be continued and the Water Procedures amended by adding to the Paragraph on Rates:

'* For Properties with 2 units (per Assessors Rol4) on one meter, the flat base rate shall be multiplied by the number of units; e.g. Flat Base Rate for 2 units on one meter is $20 Monthly and $40 Bi-Monthly.'

Henry also indicated his recommendation that we adopt language to permit some procedure such as a property lien as a last resort to collect unpaid water bills. Subject to modification per the direction of County Counsel, I would recommend adding the following language to the Late Payment Paragraph:

'Water bills unpaid by the tenant are the responsibility of the property owners, so the Disconnection Notice shall be sent to both the Tenant and the Owner. Past Due Bills still unid 10 days after disconnection will incur a $50 Disconnection( and begin to accrue the maximum amount of interest allowable by law. 7n addition, collection costs and attorney fees needed to collect the past due bill will be added to the unpaid balance and may result in a lien being placed on the property.


BOX 221 • STAR ROt TE SA USALITO. CALIFORNIA . 965

3flU) OF IWHECT()HS

September 17, 1991

Alexis McBride, County Counsel Civic Center Suite 342 San Rafael, CA 94903

Dear Ms. McBride:

As we discussed, our District wishes, as a last resort, to have the option to collect unpaid water bills by means of a lien on the property serviced. What are the legal limits on penalties and interest on unpaid water bills?

Does the District have the authority to impose penalties, interest and property liens? If not, is it possible for us to acquire the authority? What steps would we need to take to acquire it?

Once having the authority, what are the specific steps we would need to take to properly exercise it?

Would small claims court be a better alternative than a lien?

We currently have one case where collection has been impossible. Can penalties and interest be imposed retroactively, or only from date of policy adoption? Can a lien be filed to collect this old bill, or would this authority apply only to bills unpaid after the date the authority was adopted.

As usual, we would like this information at your earliest convenience.

Sincerely,

OAY~~

Gordon Bennett, MBCSD Chair

/21

MUiR BEACH C.S.D. WATER DEPARTMENT STATUS REPORT: August, 1991

WATER SYSTEM OPERATION

The water system basic operation services performed during the month of August, 1991 includes:

1. Daily check of the system and maintain the daily log book. 2. Monthly bacteriological samples (2) - acceptable results.

Water production for the month of August was 41,500 gpd or about 15% higher than the annual average of 36,000 gallons/day.

1. Volume of water produced: 1,409,200 gallons 2. Average daily production: 41,500 gallons/day 3. Maximum day production: 65,800 gallons/day 4. Volume of water used (metered): 1,008,805 gallons 5. Unaccounted for volume: 400,395 gallons (28% of production)

NOTE: Water levels in the wells are about 1 ft. below maximum level.

SUPPORT ACflVITLES

Support activities initiated and/or completed include:

1. Supervision of Regan McNeil. Activities included assignment of maintenance tasks and water system operation.

2. Obtained monthly bacteriological samples and delivered to Breije and Race Laboratories for analysis. Results were sent to the County Health Department. NOTE: North Mann Water District no longer performs analyses for outside agencies. Several West Mann agencies have grouped together to have Brelje and Race Laboratories in Santa Rosa perform the analyses.

3. Flush selected fire hydrants in accordance with line cleaning schedule.

EMERGENCY REPAIRS

None to report.

MM-cSD.bb

123

SPECIAL SERVICES

Special services completed included:

1. Installation of new main Well No. 1 pump on August 16.

EXPENSE REPORT

Approximate expenditures incurred during this period include:

1. New Well Pump and Installation (Forester) $51797.65 2. North Mann Water District Laboratory Services 20.40 3. Miscellaneous O&M supplies and materials 181.95

Approximate Expenditures IIIIIXIII]

Res ectfully submitted,

Henry Hyde & Associates District Water Manager

1)4

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BOX 221 • STAR ROt TE . SAIYSALITO. CALIFORNIA . Q4965

$OH OF IWHRCTO#IS

JOB OPENING

JOB OPENING

JOB OPENING

MAINTENANCE MANAGER (ASSISTANT)

Muir Beach Community Services District invites applications for this PART-TIME POSITION (approximately 10 hours per week).

OPEN IMMEDIATELY. $12 PER HOUR.

SKILLS: Good oral and written communication, maintain good community relations, ability to work both independently and under the supervision of the District's Manager, have general knowledge of and willingness to work at plumbing, carpentry, electrical, mechanical and manual labor.

RESPONSIBILITIES: will include helping maintain our water supply system, maintaining our roads and buildings, and other misc duties.

Send Application/Resume to: District Secretary MBCSD Box 221 Star Route Muir Beach CA 94965

APPLICATIONS MUST BE RECEIVED BY OCTOBER 3, 1991.

• STATE GP CAUFORNIA - NEIOIJRCU AGENCY PETE WILSON, Gevemc

DEPARTMENT OF PARKS AND RECREATION - P.O. BOX 94286 • SACRAMENTO 9429.00O1

To: Local Officials and Interested Parties

Subject: Announcement of 1991-92 Land and Water Conservation Fund Program

This letter is to announce the next application period for the 1991/92 grant program under the Land and Water Conservation Fund (LWCF).

We are moving up the date for LWCF applications so that we may advise Congress during their budget deliberations as to those high priority projects that could be funded if adequate stateside funding is provided in the LWCF program. As you are aware, the annual appropriation to the stateside portion of the LWCF program has been diminishing. The purpose of this early selection of potential projects will allow both the State and the affected local agencies to become more proactive in advising Congress of the importance of this funding program.

Applicants are urged to carefully review the program criteria, and discuss potential projects with the program project officers, before selecting park projects or preparing applications. In recent years, only projects which reflect the highest priorities identified in the program's criteria have received funding.

This year's deadline for filing LWCF grant applications has been set for December 20, 1991. Applications must be postmarked no later than this date. Applications postmarked after the deadline, or which are not technically complete by the time projects are selected by the State for funding, will not be eligible for the 1991/92 program. Applications which are technically complete by this date will have a better chance to receive funding. The most common omission in applications is proof of compliance with the California Environmental Quality Act (CEQA). With less than four months to prepare your application, you are encouraged to proceed with the environmental review process early for the project you feel is most competitive.

A procedural guide, with the required application forms, is available from the Local Assistance Section at the above address. You may call directly at (916) 653-7423.

Sincerely,

enry . A *ni a Director

'I'.

STATE OF CALORNIA - RESOURCES AGENCY PETE WILSON, Gov.,ncr

P.O. Box 942896 DEPARTMENT OF PARKS AND RECREATION

SACRAMENTO 94296-0001 04.

August 1, 1991

Dear Grant Recipient:

The phone numbers for the Local Assistance Section will change effective September 16 ("crossed fingers"). Enclosed is a list of the Section members with their new phone numbers and areas of assignment.

There will be a referral only on the old general office number [(916) 445-4441 to (916) 653-7423]. Therefore, if you call project officers on their old direct dial numbers, you will not be referred to their new numbers.

I apologize for any inconvenience this may cause. Please bear with us during this time of change. If you have questions, please call your project

ffi ocer, -

Sincerely,

2-'- Odel T. King, Jr., Managef Local Assistance Section

Enclosure

DPR LOCAL A55iTANCE SECTION/PROJECT OFFICER AREA ASSIGNMENTS

/ COUNTIES FEDERAL GRANTS STATE GRANTS

Alameda Keith Steinhart Donna Radigonda

4. Butte Keith Steinhart Keith Steinhart 5. Calaveras Keith Steinhart Keith Steinhart 6Colusa Keith Steinhart 7. 8.

Contra Costa Del Norte

Keith Keith

Steinhart Steinhart

Donna-Radigonda Shirley Willwagner_

9. PI Dorado Keith Steinhart Keith Steinhart Keith Steinhart Thelma Johnson

th Steinhart Shirley WillWgfl.,

13. Imperial Heather Fargo Wayne Haug 14. Inyo Keith Steinhart Keith Steinhart 15. Kern Heather Fargo Thelma Johnson 16. Kings Keith Steinhart Thelma Johnson

18. Lassen Barry Jones Barry Jones 19, Los Angeles Heather Fargo See Back 20. Madera Keith Steinhart Keith Steinhart 21. Mann Keith Steinhart Betty Ettinger

Shirley Will

25, Modoc Barry Jones Barry Jones 26. Mono ________ Keith Steinhart Keith Steinhart -

te 92

28. Napa - Keith Steinhart Betty Ettinqer 29. Nevada Keith Steinhart Keith Steinhart

- 31. Placer - Keith Steinhart Keith Steinhart 32. Plumas Keith Steinhart Keith Steinhart 33, Riverside Barry Jones Barry Jones 34. 35.

Sacramento San Benito

Keith Steinhart Keith Steinhart

teveKahn. Thelma JohrQ._.

36. San Bernardino Heather Fargo Cheryl Williams - 37. San Diego Heather Fargo Wayne Haug 38. San Francisco Keith Steinhart Betty Ettinger 39 .--San Joaquin Keith Steinhart 40. San Luis Obispo Heather Fargo Thelma Johnson 41. San Mateo Keith Steinhart Wayne Haug 42. Santa Barbara Heather Fargo Heather Fargo 43. Santa Clara - Keith Steinhart Betty Ettinger

45. Shasta Barry Jones Barry Jos______ 46. 47.

Sierra Siskiyou

Keith Barry

Steinhart Jones

Keith Barry

Steinhart__ Jones

48. Solano Keith Steinhart Betty -- _Ettingç_ 49. Sonoma Keith Steinhart Donna Radigonda 50. Stanislaus Keith Steinhart Betty Ettinger - 51. Sutter Keith Steinhart Keith Steinhart_ 52. Tehama Barry Jones Barry Jones 53, Trinity Barry Jones Barry Jones 54. Tulare Keith Steinhart Thelma Johnson 55, Tuolumne Keith Steinhart Keith Steinhart 56. Ventura Heather Fargo Heather Fargo 57. Yolo Keith Steinhart Shirley WillWagner

art

ASSIGNMENT OF CITIES IN LOS ANGELES COUNTY STATE GRANTS PROJECT

Shirley Willd-Wagner

County of Los Angeles Agoura Hills Artesia Avalon Bellflower Beverly Hills Carson Cerritos Compton Culver City Downey

El Segundo Gardena Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Inglewood Lakewood Lawndale Lomita Long Beach

Lynwood Manhattan Beach Miralist RPD Norwalk Palos Verdes

Estates Paramount Point Dume RPD Rancho Palos

Verdes Redondo Beach

Rolling Hills Rolling Hills Estate Santa Clarita Santa Monica Signal Hill South Gate Torrance West Hollywood Westfield RPD Westlake Village Vernon

Steve Kahn

City of Los Angeles Alhambra Arcadia Azusa Baldwin Park Bell Bell Gardens Bradbury Burbank Claremont Commerce Covina

Cudahy Diamond Bar Duarte El Monte Glendale Glendora Huntington Park Industry Irwindale La Canada-

Flintridge La Habra Heights

La Mirada La Puente Lancaster La Verne Maywood Monrovia Montebello Monterey Park Palmdale Pasadena Pico Rivera Pomona

Rosemead San Dimas San Fernando San Gabriel San Marino Santa Fe Springs Sierra Madre South El Monte South Pasadena Temple City Walnut Whittier West Covina

Ettinger, Betty 653-8776 Fargo, Heather 653-8819 Haug, Wayne 653-8875 Johnson, Thelma 653-9071 Jones, Barry 653-5097

Phone Numbers (916)

Kahn, Steve Radigonda, Donna Steinhart, Keith Wilid-Wagner, Shirley Williams, Cheryl

654-0734 653-8785 653-8893 653-8855 653-9069

Mike Mullen, Land Agent (Acquisition Specialist) Richard Barton, Engineer (Development Specialist) FAX General Office Number Odel T. King, Section Manager Doug Ralston, Supervisor Ken Martin, Supervisor

653-8744 653-9870 653-4510 or 653-9824 653-7423 653-8758 653-8394 653-8837

7/11/91

pq

MUIR BEACH COMMUNITY CENTER STATUS REPORT - SPECIAL MEETING • 8/26/91

PRESENT: Nancy Knox, Russ Munsell, Kathy Sward, Judith Yamamoto Guests: Leslie Riehi, Maureen Ketchum

HEALTH & SAFETY: Alter discussion with Leslie Riehi and Maureen Ketchum the CCC agreed that the play structure must be closed due to lack of sufficient padding. Three recommendations were made:

1. Dismantle the structure.

2. Until it is dismantled, immediately post it with a sign saying "Play Structure Is Closed", and date the sign.

3. The CCC will notify parents by phone that the play structure is unsafe.

IMPROVEMENTS:

A. Children's Playground: CCC met with Leslie R. and Maureen K. to discuss questions that came up at the 8/12191 regular CCC meeting. Answers/recommendations follow:

1. Q: What is the "living wall" in Alternative C (and is it being funded in Alternative E)? A: It consists of about 5' of stepped up levels (about 5 levels), planted with bushes and low plants. The budget item of $3000 for miscellaneous materials is for the living wall.

2. Q. Why is no amount for grading/leveling included in Alternative E? A. Because no amount will be spent -- this will be 100% volunteer labor.

3. Q. What are the assumptions on which volunteer labor is based? A. Parents' Group is rounding it all up. The budget item for miscellaneous labor ($1000) is earmarked for professional costs/plans.

4. The Committee recommended that the drawings include all aspects of improvements for the lower yard and building, even though the work will be implemented in separate phases (8/12/91). At this meeting (8/26/91) it was decided that more discussion would be required before such a master plan could be completed. The Committee ascertained that changes in the placement of wheelchair ramps and/or size of community center decks will not affect the playground component. Since speed is of the essence, the playground component should be undertaken before completing the lower yard/building master plan. These preliminary recommendations/observations for future planning were made:

a. Re-routing the wheelchair ramps will provide more additional deck space for the community center. The Committee recommends re-routing.

b. The community office extension presents the biggest designing problem.

c. The BBQ area in the lower yard will be eliminated because of grading! leveling. A new BBQ area has been drawn in the plans. Since

130

it is part of the deck extension, it may take some time before it is built. In the meantime, a temporary BBQ could be installed.

d. A recycling area has been drawn in the plans (under the Children's Room deck).

e. Location of a tool shed has not been included in plans. The Committee feels that the recycling area and BBQ area may be rearranged in future plans. The tool shed may be sited at the north end of the building.

OFFICE RENOVATION COST ESTIMATE • 8/28/91

Cabinet Enclosure

Wiring, bi-fold doors, shelves, $2500.00 lighting, etc. Furnishings 231.30

Total $273130

Fan

Wiring, labor $ 200.00 Fan 100.00

Total $300.00

Front Wall Renovation, including venting $1500.00 - $2000.00

Sink removal ?

Total Cost of Office Renovation $4531 - $5031

2

131

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• White Laminate Office Furniture 6) eFFN. 30 x 60 Desk ............................... ...9i.

1 i fl Ilobile Typing Return .........................59. - z ,nrz L-J lobile File pedestal ..........................99. I j BONUS: Buy all three pieces and save 10%

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JUL1AN EKNOX I P -ARCHITECT

BOX 266. STAR RT SAUSALITO, CA. 94965

415 388 2052

A-vi-erzknoNe r9 DATE táA(LC M4

DRAWING NUMBER

I OF SHEETS

132

MUIR BEACH COMMUNITY CENTER COMMITTEE STATUS REPORT. 9118/91

PRESENT: Russ Munsell, Kathy Sward, Judith Yamamoto

TREASURER'S REPORT:

Action Item: Roll-over of 1990-91 Walkathon funds.

COPIER:

1. Judith made the following recommendations re: updating Copier Monthly Bookkeeping log:

a. Add a column for expenses.

b. Combine all CSD expenses in one column, (one file folder, and one copier card).

2. Judith will send out to copier users the 8/12/91 letter and questionnaire re: shared use of office by copier users and CSD staff.

MAINTENANCE:

1. Floor maintenance (#2096: $300 budgeted). Kathy will schedule floor cleaning and maintenance.

IMPROVEMENTS:

1. Window insulation (CSD #4045: $1500): Judith will inform CSD Chairman Bennett that we are ready to start job. Kathy will call Window Accents and cancel blinds for storeroom ($1420-$205 = $1215). Savings will cover cost of floor insulation not provided for in CDBG funding ($225) -- see #4. below.

2. Vented mezzanine skylight (CDBG: $770): Kathy will call Glass & Sash to verify price and start job: Judith will inform CSD Chairman Bennett.

3. Two low-e skylights for main room (CDBG: $3005): Kathy will contact Mike Moore and get job contract divided in two parts, each of which is less than $2000.

4. Floor insulation (CDBG: $225. CSD: $225, from #4045, $285 remaining from window insulation cost). This project will be done only after window insulation has been completed and funds are verified.

5. Office:

A. Kathy contacted three contractors and was unable to obtain more bids for office remodel. She will continue search.

B. Re: venting of copier. Judith contacted Mann County Environmental Health, Household Hazardous Waste Hotline, Office of Waste Management, and Kaiser Hospital in a frustrating attempt to obtain information and/or the phone number of a local environmental sensitivity group. No information was forthcoming from any of the above organizations. Judith will continue search. Meanwhile, the cost of installing a small window above the copier to provide cross-ventilation will be added to office remodeling bid.

6. Porch overhangs: One bid has been received so far, from T&G Construction, for $2356.

133

I

MUIR BEACH COMMUNITY CENTER STATUS REPORT SPECIAL - MEETING • 9/4/91

PRESENT: Nancy Knox, Russ Munsell, Kathy Sward, Judith Yamamoto

CCC PROCEDURES: The CCC called this meeting to discuss the action of the CSD Board at its 8/28/91 meeting, in which it approved changing the CCC account to a CSD account and transferring management of the (renamed) checkbook from the Community Center Committee to the CSD District Secretary.

1. The basic reason for participation in the CCC is service to the community. Although recent actions by the CSD Board make the work of the CCC more difficult, members will continue to serve as an interim committee until a general manager is hired.

2. Nancy Knox will assist Hazel Melo, the District Secretary, with the management of the CSD/Community Center checkbook.

TREASURER'S REPORT: Nancy Knox reported that she cannot find the rolled-over Walkathon funds from last year in the CSD budget. Judith will ask Gordon Bennett, CSD chair, if they were rolled over.

IMPROVEMENTS:

1. Office

A. Judith reported on conversation she had with Discovery Office Systems technician re: venting copier. He did not know how to do this; no venting device exists. He said that the exhaust coming out of the copier is not toxic; it is air brought into the machine to cool the drum and the copier light and is not hot enough when it exits to release toxic fumes. Judith will check further with an environmental sensitivity clearing house.

B. Kathy will get two more bids.

IJ photo/Scott Henry

HOT TOT LOT: Ben Herwitz, 22 months, plays at Eastwood Park, oblivious to the fact the Tam Valley playground has become an adult battleground

Tuesday, September

Planners swing toward playground

I

Tam Valley park gets tentative OK By Brad Breithaupt


In what has become sort of a teWest in a tot lot, the Wojin County Plann ILCom-missiongave its entanve Iesswg dli ivin nay a ,lay structure that was erected last year in Tamalpais Valley's Eastwood Park.

Commissioners, meeting in their Civic Center board room, endorsed the play-ground, but reserved formal approval until November in hopes that some improve-ments could be made that would make the Eastwood Way park more acceptable to its critics.

The large play structure, complete with a variety of slides and swings, has triggered all emotional community battle between neighbors who argue the improvement is an )vprdue addition and those who complain that it clashes with what was "an open space park."

The $60,000 state and locally financed play structure was built by the Tamalpais Community Services District without the county's architectural approval. The fight to get the county's retroactive approval has spawned more than 129 letters and peti-tions signed by more than 800 neighbors. That outpouring of opinion rivals even the largest developments that wind their way through the county planning process.

Commissioner Ronald Marinoff said that before he saw the play structure for himself, the fury of criticism of it made him think

that it was as big as Primate Island at the San Francisco Zoo.

He and other commissioners rejected some neighbors' requests that the structure be either reduced in size, moved to another spot in the park or to another park.

"1 think it's a real addition to the commu-nity," said Commissioner Barbara Garfien.

Many neighbors, new and old, stood up

for the play structure. Roberta Ricketts, a 38-year resident of

the area, told of her husband, who spear-headed the creation of the park. She said the play structure is needed and is part of the park's evolution.

"When my children were growing up there was no place to go," she said. Today, she enjoys the park with her grandson.

Steve Levine, a new resident, told com-missioners that he bought the house across the street from the park because he wanted to live near the play structure.

Another neighbor showed the commis-sion a videotape of children joyously swing-ing and sliding on the structure. It ended with an elfish toddler smiling into the cam-era and telling the commission: "I love it. Please don't take it away."

"I think this play structure really meets ac need in the community," resident Marilyn Filbrun said. "We need to encourage posi-tive, constructive outlets for our children."

But Levine's next-door neighbor, Karen Walter, said the play structure clashes with the wide-open, natural park setting that made Eastwood Park special. She and other neighbors said they were misled by the dis-trict. They said they supported construc-tion of a small tot lot built at the park, not the large play structure that the district built.

"It would have been great. Children don't need a monstrosity of a structure," said Marilyn Koschalk, who lives near the park.

Some neighbors questioned if the corn-mission would have approved the structure as it stands today if they had reviewed it be-fore it was built.

Several commissioners criticized district officials for failing to meet with neighbors before building the structure and said that numerous notices of district meetings and newsletters obviously were not enough.

Commissioners held back on fully ap-proving the structure until Nov. 4 to give the district time to meet with neighbors and discuss possible improvements, such as paving the park's parking lot or setting group reservation hours.

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BILL FILANTE, M.D. ASSEA€3L'MAN N1TH DI7P 'i

MAPN AND SONOMA COUr TE5,

Au' 26, 1991

Judith Yamamoto Muir Beach, #221 Sausalito, CA 94965

Dear Judith:

Thank you for contacting me regarding Proposition 98 and funding for our schools. I appreciate hearing from you and apologize for the delay in responding.

Let me assure you that education is always one of my top priorities. Please know that I have supported all past efforts to fulfill the mandate set forth by Proposition 98. I intend to continue this support to the maximum extent possible.

As you may know, during last year's budget crisis I supported the full 4.88 percent cost-of-living adjustment instead of the three percent proposed by the administration. Moreover, I voted in the past against suspending Proposition 98 to balance the state budget.

Again this year I voted to support Prop. 98. In these difficult times we can not afford to sacrifice our children's, and our future to solve our budget problems.

We must channel more of our tax dollars to public education while continuing needed reform efforts. For example, I am working with the Legislature and the Governor to maximize the COLA for education, even above what has been suggested by the Administration.

This session we were faced with a staggering $14.3 billion deficit. Over 90 percent of the state budget is locked into statutory mandates and formulas, leaving us with little flexibility to allocate funds to meet today's needs and priorities, unless the legislature removes these mandates.

Hec, PsJe

A first option must be structural reforms in the budget process. Some of these includeeliminating the Little Davis-Bacon Act "prevailing wage" formula, which increase school construction costs unnecessarily by over $300 million annually.

Another must be to contract out more of our state services wherever it is more cost-effective. This would save taxpayes a minimum of another $300 million.

Furthermore, public pension plans should be comparable to those in the private sector. This could save half of the $5 billion in annual costs.

Finally, we must equalize our school funding formulas that penalize many school districts such as those in Mann and Sonoma. It is grossly unfair that students in large, urban Los Angeles school districts receive almost twice as much per student for the same programs such as Gifted and Talented Education, English as a Second Language, and Special Education.

Structural reforms in.our budget process are long overdue. They are crucial so that individual groups such as schoolchildren, elderly persons, and the poor in need of medical care are not held solely responsible for solving the fiscal problems of our state.

Above all else, I believe that it is-important to continue to improve the quality of education in our state. I am encouraged by new ideas proposed thus far by Governor Wilson, which include prevention and education measures such as the Head Start and volunteer mentor programs for our schools.

Just continuing mediocrity in our schools is not good enough for our children!

Thank you again for contacting me. Please do not hesitate to reach me in the future on this subject or any other issue addressed by the California State Assembly.

Sincere)y,

/31JJ BILL P ILANTE, M.D.

BF/bcb

it

1•37

- MINUTES REGULAR MEETING OF


SEPTEMBER 25, 1991


1. Call to Order - The meeting was called to order by G. Bennett at 7:15 pm.

2. Approval of Agenda a) The motion was made to approve the agenda. Ayes all;

3. Muir Woods District Ranger a) District Ranger Glenn Fuller stated that the GGNRA has realigned the boundaries

of Muir Woods in order to keep in alignment with the watershed area - Muir Beach is now under Muir Woods jurisdiction

b) A prescribed fire of five acres is scheduled for the end of October. c) Redwood Creek Fun Day is scheduled for December 7 -an information exchange day

concerned with education, communication, etc. re: Redwood Creek. d) On October 20 the Habitat Restoration Team will be pulling capeweed above the Zen

Center. e) Concerns from the audience re: paiidng along the edge of the road from Muir Woods

into Frank Valley and its impact upon Redwood Creek; parking to the beach; Big Lagoon restoration; watershed management plan and water rights. Ranger Fuller stated that he is happy to work with Muir Beach community on these issues.

4. Approval of Prior Minutes: August 28, 1991 a) Roads and Easements: 9a. delete - "...he is waiting for a bid to finish the job.' b) Approval of Current Bills: 4a. add - 'This bill does not set a precedent for paying

bills which are submitted by community members without prior approval by board." c) Fire Dept.: 10c. add - "...contact the County Fire Department." d) S. Shaffer made the motion to adopt the minutes as amended. E. Pinto seconds;

ayes all.

Approval of Special Meeting, August 28: Playground Minutes. a) Adjournment- change 8:00 am to pm. b) the motion was made to approve the minutes; ayes all.

S. Approval of Current Bills a) J. Yamamoto made the motion to approve the bills; E. Pinto seconds, ayes all.

6. Fire Department a) Rob Allen was unable to attend the meeting. All reports are contained in the packet.

3

7. G & - A Procedures a) G. Bennett suggested sending as many people as possible to the October 31 Special

District Seminar. After some discussion, S. Shaffer made the motion that the number people allowed to attend the seminar on October 31 in Novato not exceed six. E. Pinto seconds; ayes all.

b) G. Bennett stated he will set-up a meeting to speak with the redTed city manager of Novato.

8. Safety/Insurance Report a) S. Shaffer reported that Regan has not been available; thus the play structure did not

get dismantled. Steve stated that if the structure was not down by October 5, he will bring someone else in to dismantle.

b) H. Hyde will write a report re: the storage of chlorine and who he spoke with about the matter.

c) G. Bennett reported on the Safety Workshop he attended in August: 1) concerns re: staff being independent contractors or employees. Gordon stated that it is important at the meeting discussing the General Manager to at that time make the determination as to the status of staff. 2) Re: new safety standards bill - postponed to the employee meeting. 3) "Safety and Health Protection On the Job" poster will be posted in the shed. 4) Hazel stated that she sends to the County, State and SDRMA the Roster of Public Agencies every time there are changes. 5) G.Benneu stated that volunteers, employees and directors driving their own cars on CSD business need to have on file a driver's record and proof of insurance. This information will go to Hazel (Box 221), and the Recording Secretary will then be responsible for keeping and maintaining these records.

d) Re: Education Day and Safety/Claims workshops in Sacramento in November - to be on October agenda.

9. Water Department a) E. Pinto made to motion to approve the Lunny Grading & Paving Change Order

No. 2 in the amount of $3,220. S. Shaffer seconds; ayes all. b) J. Yamamoto made the motion that (1) the District accept the Waterline Intertie

Project; and (2) make the final payment in the amount of $2,752.00. S. Shaffer seconds; ayes all.

c) Re: authorization to purchase new water meters: it was agreed by consensus that because these items are budgeted and are under $3,000, there is is no need tore-authorize.

d) After much discussion re: investigation of a replacement well - S. Shaffer made the motion that H. Hyde (1) be allowed to pursue location of boundaries of the property, and (2) possible relocation of the well and any repair costs not to exceed $3,100; and (3) to file the required notice of intent to drill. J. Yamamoto seconds; ayes all.

e) Re: agreement between Muir Beach and the County of Mann for $10,000 for water system improvements: J. Yamamoto made the motion authorizing Gordon to sign the agreement; S. Shaffer seconds; ayes all.

f) Discussion followed re: billing practice for multiple legal units:. S. Shaffer made the motion to approve the Water Procedures by an amendment to the paragraph on rates to read: "For Properties with 2 units (per Assessors Roll) on one meter, the flat base raze shall be multiplied by the number of units; e.g. Flat Base Rate for2 wilts on one meter is $20 monthly and $40 bi-monthly." Judith seconds, ayes all.

g) Discussion followed re: collection of unpaid water bills. S. Shaffer made the motion to add the following paragraph to the Late Payment Paragraph in the Water Procedures: 'Water bills unpaid by the tenant are the responsibility of the property owners, so the Disconnection Notice shall be sent to both the Tenant and the Owner. Past Due Bills still unpaid 10 days after disconnection will incur a $50 Disconnection Penalty and begin to accrue the maximum amount of interest allowable by law. In addition, collection costs and otto rney fees needed to collect the past due bill will be alde4 to the unpaid balance and may result in a lien being placed on the property." J. Yaniarnoto seconds; ayes all.

10. Community Center Report a) After some discussion re: the office - S. Shaffer made the motion to award the

building of the office in the Community Center to Mike Moore providing he provides the CSD with a time and materials actual cost not to exceed $2500. E. pinto seconds; ayes all. S. Shaffer made the motion that the funding is divided up as follows: $2500 be removed from Account 4048 and $231.30 come out of Account 4093 for furnishings. Judith seconds; ayes all.

b) Judith reported that improvements for the office were in action. c) Re: roil-over funds from the Walkathon ($402)- it was decided that the next

Community Center meeting would decide where it should be allocated. d) Re: the playground - Leslie Riehi reported that approximately $5,000 has been

collected from parent contributions; other solicitation includes: letters going to community members, bake sale, and going to big businesses in Mill Valley. Leslie stated that she would like to start a work party on November 1. G. Bennett summarized that the cost estimate of $17,000 and the availability of volunteer labor appears to be firming up; commitments for approximately $14,500 cash, and a reasonable expectation of receiving $2500 soon. Leslie agreed.

e) S. Shaffer made the motion for a Special Meeting to be scheduled on October 16 at 8:00 pm to discuss the Playground, General Manager review, safety recommendations, employee vs. independent contractor. A closed meeting will be scheduled at 700 to conduct interviews for Assistant Maintenance Manager. Judith seconds; ayes all.

11. Roads and Easements Report a) S. Shaffer stated he has no report this month.

12. Community Interest Reports a) J. Yamamoto reminded the Chair to write a letter of clarification to the Mann

Conservation Corps, stating that the rental of the recycling is a "space", not a "program." Gordon stated that he is working on getting curbside pick-up integrated with the County plan, and he will hold-off on writing the letter.

13. Announcements a) Erin thanked Judith for her delicious goodies. b) There is a need for a new Bistro Manager.




Ao f) Judith stated that she has received more job descriptions for General Manager position. She also stated that MB will be receiving the government code book.

Ô

g) Re: General Manager - Leslie Riehi agreed to write a draft job description for General Manager position and give to all staff for review. Judith will send job descriptions she has collected to CSD Board and to Leslie. A special discussion and informational meeting was scheduled for September 18,7-9 pm.



commend Henry Hyde for proper action taken in buying the pump and consulting with the Chair; the Board agrees to pay the bill from the contingency fund. E. Pinto seconds; ayes all.

b) Re: National Park Service Water Service - S. Shaffer made the motion to accept H. Hyde's recommendation and that Henry will write a letter to John Ryan which 7 agrees with the four terms outlined within Henry's report on page 22 of the packet. Judith seconds; Ayes: Gordon, Steve, Judith; Nayes: Erin.

c) Re: Approval of Interite Project Change Order No. 2- Henry stated that there is a discrepancy with cost break-down. This will be an agenda item for the September 7 meeting when Henry will have more information.

d) Re: Charlottes Way Hydrant Relocation and Upgrade - After some discussion, Judith made the motion to relocate the hydrant because it is consistent with Henry's recommendations; it is appropriate under the Harris Plan; it deepens the main under the road; because it provides a safer location for the hydrant, and a bigger turn- around; and because Robin agrees to do the excavation and that the CSD will take responsibility for the open trench. S. Shaffer seconds, ayes all.


f) Re: Authorization for Design of Harris Project D-4 - Judith Yamamoto made the motion that Henry be authorized to switch D-4 and D-5 and proceed this year with D-4. Steve Shaffer seconds; ayes all.







e) Judith made the motion that until a better system is devised, the CCC will continue to manage a separate Community Center account maintaining a minimum of $500 so 7 that bank charges do not accrue. The funds in this account will be used for budget

5

'7

Is items requiring more flexibility than can be obtained through the County. Erin seconds. Ayes: Judith, Erin. Nayes: Gordon, Steve.

0 Judith Yamamoto made the motion that the Community Center Committee, including the treasurer who resigned recently, will, with the approval of the CSD Board, continue to operate as an interim committee pending the hiring of a General Manager. Erin Pinto seconds. Ayes: Gordon, Steve. Nayes: Judith. Abstain: Erin.



center, he put in requested stairs on the easement going down from the corner of Highway One and Sunset; worked some more on the easement going from Sunset Way by Margaret Keyes to Pacific - he is waiting for a bid to finish the job.

b) Re: July 26 letter to GGNRA regarding maintenance of easement near west end of 7

Pacific Way running south to Muir Beach - Steve stated that if the GGNRA does not take care of it, that the Board does have a responsibility in continuing to maintain it or finding another way to deal with it.


high expense has not been budgeted. He stated that the canvas hose will be pressure-checked, and certified; when funding is available a new hose will be purchased.


d) Bill gave to the Board a check for $5800 from the MBVFD Barbecue. e) Rob Allen's reported re: setting up a non-profit Firemen's Association - after some






(p



AUGUST 289 1991

Present: Gordon Bennett, Chair, Erin Pinto, Steven Shaffer, Judith Yamamoto; one vacancy

'7 1. Call to Order

The meeting was called to order by G. Bennett at 6:2 pm




b) After much discussion, re: renovation/replacement of the playground, J. Yamamoto made the motion that the CSD approve Alternate E with the following understanding: 1. release $500 immediately for the plan to determine the actual cost of the estimate; 2. the project will not be started until the money is raised, or sufficiently close to cover the estimated cost, 3. the amount of money given by the CSD to this project is $9,473. S. Shaffer seconds; ayes all.

c) S. Shaffer made the motion that the CSD authorize Leslie Riehl, Naomi Schalit and Maureen Ketchum to solicit funds in the name of the CSD for the playground. J. Yamamoto seconds. Ayes: S. Shaffer. Nayes: E. Pinto, J. Yamamoto. Abstain: G. Bennett. S. Shaffer amended the motion: that the CSD authorize Leslie Riehi, Naomi Schalit and Maureen Ketchum to conduct and supervise fundraising for the playground. E. Pinto seconds; ayes all.



6. Adjournment: The meeting was adjourned at 8:00)



I

BILLS SUBMITTED AND PAID AUGUST 30,1991 - SEPTEMBER 18,1291 ik

WATER 9238 Hazel Nelo, wages #1003 --------------------------------------$553.84 Henry Hyde,operations svcs. August # 1005 --------------------375.00 Regan McNeil, wages 8/18-9/12 41hrs .#1028---------------------492.00

routine mileage 137 mi. #2479 ----------------- 31 . 51 reimburse,,min general # 2077 -----------------6.75 " 1 saw blade # 2077 --------------------3.50

Linda Moore, reimburse mileage 20 mi. #2479 ----------------4.40 P.G.& E. svc. 8/19 pump house, #2535 -----------------------495.84

" number 7 -Seacape # 2535-------------7.50 Forester Puinp,Inc. emergency items,replace pump,parts,well

#1 #2077--------------------------------5, 797. 65 Goodman's, misc tools,supplies #2077-----------------------29.87 No. Marin Water Dist. 2 potable samples tested #2115 20.40

TOTAL $7,818.26

ROADS AND EASEMENTS 9237 Nina White,reimburse for 7 hrs. cleariLg weeds and dump

charges # 2097 ------------------------$121.00 James Clark, extra hire 8/23-9/14 42+ hrs. #1073 ---------- 338.00 David Beck, extra hire 8/23-8/30 20 hrs. #1073 ----------- 160.00 Regan McNeil, reimburse 1 roll min surf -stairway #2094-- 14.44

" 1 saw chain # 2077 ----------------- 3.50 Goodman's, roofing nails #2094 ------------------------ 10.70

TOTAL $647.64

GENERAL & ADMIN. 9236 Linda Moore, Recording Secty. 15hrs. #1003 -------------$180.00

TOTAL $180.00

COMMUNITY CENTER 9239 P.W.E. svc. to 8-19 #2535---------------------------------$93 .76 Reimburse check # 492, 10 cup Carafe replacement # 2077 23.50

H H 495 1 desk for CSD office #2366 -------- 248.07 # 490,J Gonzaliz,clean Center,July 2096 80.00

Pacific Bell, coin box #2534 ----------------------------- 34.65 Discovery Ofc. Supplies, labor,parts,supplies Copier #2137 285.0

TTXL $765 •!1

i

(2) S.

I FIRE DEPARTMENT 9240

I N Curtis & Sons, 10 pr. firefighter gloves,#9377 -------1 Western leather glove # 9377 --------

Mann Co; Revenue, Radio shop, antenna,battery # 4093---- Change xtal configuration match the County fire #4093 -----------------

SPECIAL T FIRE EQUIPMENT, 10 Wildfire Cap yellow #9377--- 10 homex protector # 9377 10 goggle retaining ring #9377 10 Bouton goggles # 9377------

7+ tax -------

—$130-00 36.41 356.86

509.26 182.50 128.50 65.00 105.00 34.87

TOTAL $1,548.40

GRAND TOTALS WATER 7,818.26 Roads 647.64 G.& A 180.00 Comm. Center 765.39 Fire Dept. 1,548.40

$10,959.69

)

I


AUDITOR'S REPORT

FINANCIAL STATEMENTS

SUPPLEMENTAL SCHEDULES AND SUPPLEMENTAL INFORMATION

FOR FISCAL YEAR ENDED JUNE 30, 1990

)

10

- MUIR BEACH COMMUNITY SERVICES DISTRICT For Fiscal Year Ended June 30, 1990

TABLE OF CONTENTS

Page No. Exhibit

AUDITOR'S REPORT

FINANCIAL STATEMENTS:

Balance Sheet - All Funds and Account Groups 1 A

Water Service Fund: Income Statement and Statement of Changes

in Retained Earnings 2 B Statement of Changes in Financial Position 3 C

Community Services Fund:

11

Statement of Revenues and Expenditures and Changes in Fund Balance 4-5 D

Fire Protection Fund: Statement of Revenues and Expenditures

and Changes in Fund Balance 6-7 E

NOTES TO FINANCIAL STATEMENTS 8-10

SUPPLEMENTAL SCHEDULES:

Water Service Fund: Schedule of Non-Operating Revenues

Compared to Estimated Revenues 11 F Schedule of Operating Expenses

Compared to Budget 12 G

Schedule of Changes in Utility Plant and General Fixed Assets 13 I

SUPPLEMENTAL INFORMATION

Organization 14

Insurance 15

i

CHARD S. ARROW, CPA MILDRED VALENTINE ditor-Controller Assistant Auditor-Controller

Room #209 (415) 499-6154

Board of Directors Muir Beach Community Star Route, Box 221 Sausalito, CA 94965

OFFICE OF THE

AUDITOR-CON--TROLLER

County of Mann CIVIC CENTER

SAN RAFAEL, CALIFORNIA

94903

Services District

August 16, 1991

Honorable Members:

We have audited the accompanying financial statements of the Muir Beach Community Services District for the Fiscal Year ended June 30, 1990, listed in the foregoing table of contents. These financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by managements, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the financial statements listed in the aforementioned table of contents present fairly the financial position of all funds and account groups of the Muir Beach Community Services District at June 30, 1990, and the results of the District's operations for the year then ended in conformity with generally accepted accounting principles.

The accompanying supplemental schedules and supplemental information presented on Pages 11 to 15 and the column on the All Funds and Account Groups Balance Sheet captioned "Totals - Memorandum Only" are not necessary for a fair presentation of the financial statements, but are presented as additional analytical data. This information has been subjected to the tests and other auditing procedures applied in the examination of the financial statements mentioned above, and in our opinion, is fairly stated in all materials respects in relation to the financial statements taken as a whole.

Yours very truly,

RSA/VS Enclosures

RIC RD S. ARROW,

WAito

rer

y

01

MUIR BEACH COMMUNITY SERVICES DISTRICT Balance Sheet - All Funds and Account Groups June 30, 1990

EXHIBIT A

Assets

Cash Accounts Receivable Utility Plant - Net of Accumulated Depreciation Construction in Progress Building Equipment Paving and Upgrading

Total Assets

General Fixed Assets Water Community Fire

Service Services Protection Community Fire Road Fund Fund Fund Services Protection Improvement

$60,150 $1,909 $10,294 $0 $0 $0 1,492 0 0 0 0 0

160,625 0 0 0 0 0 o 0 0 0 0 0 0 0 0 168,210 0 0 0 0 0 1,477 73,293 0 0 0 0 0 0 69,629

$222,267 $1,909 $10,294

$169,687 $73,293 $69629

Totals (Memorandum Only) 1990 1989

$72,353 $27,899

1,492 6,224

160,625 162,719

0 0

168,210 168,210

74,770 57,972

69,629 68,225

$547,079 $491,249

Liabilities and Fund Equity

Liabilities:

Accounts Payable Customer Deposits

Total Liabilities

Fund Equity:

Investment in General Fixed Assets Retained Earnings Fund Balance

Total Fund Equity

Total Liabilities and Fund Equity

$236 $0 $2,460

810 450 0

$1,046 $450 $2,460

$0 $0 $0 221,221 0 0

0 1,459 7,834

$221,221 $1,459 $7,834

$222,267 $1,909 $10,294

$0 $0 $0 0 0 0

$0 $0 $0

$169,687 $73,293 $69,629

O 0 0

0 0 0

$169,687 $73,293 $69,629

$169,687 $73,293 $69,629

$2,696 $4,010 1,260 1,098

$3,956 $5,108

$312,609 $294,407 221,221 190,316 9,293 1,418

$543,123 $486,141

$547,079 $491,249


-1-


EXHIBIT B Water Service Fund Income Statement and Statement of Changes in Retained Earnings

For Fiscal Year Ended June 30, 1990 -

Operating Revenues

Water Service Charges Surcharge Connection Fees

Total Operating Revenues

Operating Expenses

Administrative and General Other

Total Operating Expenses

Net Operating Loss

Non-Operating Revenues

Property Taxes Aid from Other Governmental Agencies Other Revenues

Total Other Revenues

Income before Operating Transfers

$30,010 22,554

800

$53,364

$90,906 2,094

93,000

($39,636)

$32,335 32,273 5,313

69,921

$30,285

Operating Transfers

Transfer-In from Community Services Fund Transfer-Out to Road Improvement Fund

Net Income

Retained Earnings, July 1, 1989

2,025 (1,404)

$30,906

190,316

Retained Earnings, June 30, 1990

$221,222

7 db


14

MUIR BEACII COMMUNITY SERVICES DISTRICT EXHIBIT C Water Service Fund -tatement of Changes in Financial Position For Fiscal Year Ended June 30, 1990

I

Sources of Working Capital

Net Income for Fiscal Year Ended June 30, 1990 $30,906

Items which decreased Net Income but did not require an outlay of Working Capital:

Depreciation 2,094

Total Sources of Working Capital $33,000

Total Uses of Working Capital $0

Increase (Decrease) in Working Capital $33,000

Analysis of Changes in Working Capital

Fiscal Fiscal Increase Year Ended Year Ended (Decrease) 6-30-90 6-30-89 In Working Capita

Current Assets: Cash $60,150 $25,758 $34,392 Accounts Receivable 1,492 6,224 (4,732)

$61,642 $31,982 $29,660

Current Liabilities: Accounts Payable $236 $3,642 ($3,406) Refundable Water Service Deposits 810 744 66

$1,046 $4,386 ($3,340)

Total Working Capital $60,596 $27,596 $33,000


MUIR BEACH LU(IMUt4III StKWiLLS OISik(IC[ Community Services Fund Statement of Revenues and Expenditures and Changes in Fund Balance



'-4

Actual Over (Under)


Revenues Property Taxes:

Current Secured

Revenue From Use of Money & Property: Interest Rent

Aid from Other Governmental Agencies: County of Mann

Other: Key Fees Donations Copier Income

Total Revenues

Expenditures Services and Supplies:

General Insurance Maintenance Structures Improvement & Grounds

Supplies Bistro Other Equipment & Furnishings Office Supplies & Expense Building & Plant Maintenance Document Reproduction Costs Garbage Removal Contract Services Telephone Contract Services Power Other Expenses

Total Services & Supplies

Total Expenditures

$10,532 $8,352 ($2,180)

$0 $31 $31 0 3,222 3,222

$0 $3,253 $3,253

$0 $1,000 $1,000

$0 $92 $92 0 40 40 0 1,856 1,856

$0 $1,988 $1,988

$10,532 $14,593 $4,061

$664 $79 ($585)

4,000 3,209 (791) 0 580 580 0 1,514 1,514 0 483 483

350 78 (272) 1,400 1,360 (40) 3,063 4,004 941 350 394 44 375 356 (19) 350 811 461 • 0 136 136

$10,552 $13,004 $2,452

$10,552 $13,004 $2,452

A

lb

MUIR BEACH COMMUNITY SERVICES DISTRICT Community Services Fund Statement of Revenues and Expenditures and Changes in Fund Balance

1or Fiscal Year Ended June 30, 1990



Other Financing Sources (Uses): Transfer-Out to Service Fund

Excess (deficiency) of Revenues over Expenditures and Other Sources

Prior Year's Adjustment



Actual Over (Under)


($20) $1,589 $1,609

$0 ($2,025) ($2,025)

($20) ($436) ($416)

0 280 280

20 1,615 1,595

$0 $1,459 $1,459

e accompanying notes are an integral part of these financial statements.

S

17

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT E Fire Protection Fund Page 1 of 2 Statement of Revenues & Expenditures & Changes in Fund Balance For Fiscal Year Ended June 30, 1990

Actual Over (Under)


Revenues

Property Taxes: Current Secured $8,452 $3,452 ($5,000)

Mandated Costs State $0 $2,399 $2,399

Revenue From Use of Money & Property: Interest $0 $139 $139

Other Revenues: Crafts Concession $0 $3,890 $3,890 Donations 0 2,012 2,012 Other Miscellaneous 0 14,221 14,221

$0 $20,123 $20,123

Total Revenues $8,452 $26,113 • $17,661

Expenditures

Services and Supplies Volunteer Support $0 $220 $220 General Insurance 3,385 0 (3,385) Maintenance - Fire Trucks 1,000 286 (714) Maintenance - Radio 0 369 369 Maintenance - Building and Plant 0 168 168 Drug and Medical Supplies 500 0 (500) Gas & Oil 600 33 (567) Office Supplies & Expense 0 2 2 General Recreation Supplies 0 5,981 5,981 Arts & Crafts 0 10,669 10,669

$5,485 $17,728 $12,243

Fixed Assets: Fire Vehicle & Equipment $0 $15,354 $15,354 Fire Fighting Equipment, 0 1,444 1,444

$0 $16,798 $16,798

Total Expenditures $5,485 $34,526 $29,041

It

- MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT E Fire Protection Fund Page 2 of 2 Statement of Revenues & Expenditures & Changes in Fund Balance

ii r0" Fiscal Year Ended June 30, 1990

Actual Over (Under)


Excess (Deficiency) of Revenues over Expenditures $2,967 ($8,413) ($11,380)

Prior Year's Adjustment (Balance of MBVFD Bank Account at 6-30-89) 0 16,444 16,444

Fund Balance, July 1, 1989 (2,967) (197) 2,770

Fund Balance Available, June 30, 1990 $0 $7,834 $7,834

he accompanying notes are an integral part of these financial statements.

I


Note 1 - Significant Accounting Policies

The accounting principles referred to in the following are required under the State Controller's Uniform Accounting Requirements for Special Districts under Sections 1041.1 - 1043.4 of the California Administrative Code.

The District's financial statements are organized on the basis of an enterprise fund (Water Service Fund) and two governmental funds (Community Services Fund and Fire Protection Fund).

Water Service Fund

Fund Accounting:

Enterprise fund accounting is the prescribed method of accounting for the District Water Service Operations. Enterprise fund accounting is used to account for operations that are financed and operated in a manner similar to private business enterprises where the costs (expenses including depreciation) of providing goods or services to the general public on a continuing basis are to be financed or recovered primarily through user charges or where the governing body has decided that periodic determination of revenues earned, expenses incurred and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes.


Enterprise funds are accounted for under the accrual basis of accounting where revenues are recognized when they are earned and expenses are recognized when incurred.


Enterprise fund fixed assets are capitalized in the fund accounts because fixed assets are used in the production of the water services provided by the District. Depreciation of these fixed assets must be recorded to determine total expenses, net income and changes in fund equity.

Depreciation is provided on the straight-line basis. Useful lives are determined in accordance with suggested useful lives as contained in the State of California Uniform Accounting System for Special Districts.

14

- MUIR BEACH COMMUNITY SERVICES DISTRICT Notes to Financial Statements For Fiscal Year Ended June 30, 1990

Note I - Significant Accounting Policies (Continued)


The District's Utility Plant is valued at historical cost or estimated historical cost if actual historical cost was not available, and as of June 30, 1990, consisted of the following:

Land $5,044 Water Tank 135,385 Water Lines 16,231 Pumps 23,373 Water Meters 2,168 Hydrants 415 Gas Tank 787

Total Cost $183,403

Less Accumulated Depreciation 22,778

Net Utility Plant $160,625

Community Services Fund and Fire Protection Fund

Fund Accounting:

Governmental fund accounting is the prescribed method of accounting for the District Community Services Fund and Fire Protection Fund. The operations of each fund are accounted for with a separate set of self-balancing accounts which comprise its assets liabilities, fund equity, revenues and expenditures.


Governmental funds are accounted for under the modified accrual basis of accounting where revenues are recognized in the accounting period where they become measurable and available and expenditures are recognized in the accounting period in which the fund liability is incurred.

General Fixed Assets

Under governmental fund accounting fixed assets are capitalized in the General Fixed Asset Account Group rather than in the governmental fund. Community Services Fund and Fire Protection Fund fixed assets are stated at historical cost or estimated historical cost if actual historical cost is not available.

In accordance with generally accepted accounting principles for governmental funds, no depreciation has been provided on general fixed assets.

10

2)


Note 2 - Article XIII B of the State Constitution (Prop. 4 Gann Initiative)

Under this article, appropriations made by local governments may increase annually by a factor comprised of the change in population and change in the U.S. Consumer Price Index or California per capita income, whichever is less.

The State Department of Finance provides the required change data to the local jurisdictions to calculate their appropriation limits.

A review of the District's calculation of its appropriation limit as prescribed by this article indicated that the District appropriations were within the constitutional limitations.

The foregoing is for informational purposes only and is subject to legislative or other changes.

The District's calculation of its appropriation limit as of June 30, 1990 is as follows:

Appropriations Limit $56,763

Total Annual Appropriations subject to limitation 28,842

Amount over (under) the appropriations limit.41 ($27,921)

Note 3 - Muir Beach Volunteer Fire Department's Financial Activities

Starting fiscal year 1989-90, the financial activities of the Muir Beach Volunteer Fire Department will be accounted for in the District's Fire Protection Fund. This was agreed upon between the Volunteer Fire Department and the Board of Directors of the Muir Beach Community Services District. The Volunteer Fire Department conducts fund-raising activities and maintains checking and money market accounts with Wells Fargo Bank which in the past were not recorded in the District books.

-10-

MUIR BEACH COMMUNITY SERVICES DISTRICT - Water Service Fund Schedule of Non-Operating Revenues Compared to Estimated Revenues

—For Fiscal Year Ended June 30, 1990

Estimated Revenues

EXHIBIT F

Actual Over (Under)

Actual Estimated

Property Taxes Current Secured Current Unsecured Prior Secured Delinquent Prior Secured Redemption Prior Unsecured Special District Augmentation Fund Supplemental Assessment-Current Supplemental Assessment-Redemption

$5,316 1,288 630 800 20

14,500 1,268

25

$23,847

$12,578 $7,262 1,289 1 545 (85) 813 13 43 23

15,298 798 1,725 457

44 19

$32,335 $8,488

$625

0

$625

$0

$0

$0 0 0 0

$0

$24,472

Aid from Other Governmental Agencies State:

Homeowners' Property Tax Relief

Clean Water Grant

Federal: Other in Lieu Tax

County: Water System Improvement

Other Revenues Election Rental Fee Meter Box West Mann Emergency Services Miscellaneous Income

Total Non-Operating Revenues Compared to Estimated Revenues

$639 $14

21,608 21,608

$22,247 $21,622

$26 $26

$10,000 $10,000

$60 $60 70 70

5,033 5,033 150 150

$5,313 $5,313

$69,921

-11-

I

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT G Water Service Fund Schedule of Operating Expenses Compared to Budget For Fiscal Year Ended June 30, 1990

Actual Over (Under)


Administrative and General

Salaries and Employee Benefits:

Regular Staff Salaries $7,000 $7,536 $536 Extra Hire 16,000 9,938 (6,062) Contract Employees 700 0 (700) Social Security 1,000 1,244 244 Retirement & Employee Benefits 1,200 1,100 (100)

Total Salaries and Employee Benefits $25,900 $19,818 ($6,082)

Services and Supplies:

General Insurance $5,684 $10,401 $4,717 Maintenance Structures, Improvement and Grounds 6,000 10,626 4,626

Building and Plant Maintenance 600 4,579 3,979 Special Maintenance Project 33,609 30,020 (3,589) Postage 600 205 (395) Office Supplies and Expense 150 917 767 Telephone 375 555 180 Utilities - Power 4,650 4,324 (326) Publications and Legal Notices 200 579 379 Contracts & Outside Services 17,000 4,291 (12,709) Professional Services 2,000 2,932 932 Mileage & Routine Travel Expense 400 264 (136) Workmen's Compensation Insurance 1,500 1,395 (105) Miscellaneous 150 0 (150)

Total Services and Supplies $72,918 $71,088 ($1,830)

Other

Depreciation $0 $2,094 $2,094

Total Operating Expenses Compared to Budget $98,818 $93,000 ($5,818)

-12-

14

DIVISION VI

DUTIES OF BOARD OFFICERS AND APPOINTMENTS

Sections: 1.6.010 Duties of President 1.6.020 Duties of Secretary 1.6.030 Duties of General Manager 1.6.031 Authority 1.6.032 Relationships 1.6.033 Salary 1.6.034 Minimum Qualifications Required 1.6.035 Indicators of Preparation 1.6.040 Duties of Treasurer/Accountant 1.6.050 Duties of the Fire Chief 1.6.060 Duties of the Assistant Fire Chief

1.6.010. DUTIES OF THE,PRESIDENT. The President of the Board shall preserve order and decorum and shall decide questions of order, subject to appeal to the Board of Directors. The President shall sign all contracts on behalf of the District, and in his absense, the Vice President shall sign any contract.

1.6.020. DUTIES OF THEECRETARY. The Secretary of the Board shall prepare and mail to each person entitled thereto a copy of agenda, minutes of the preceding meeting, and notices of meeting. The Secretary shall prepare minutes for adoption by the Board of Directors setting forth all actions taken by the Board and shall preserve minutes and other records of actions of the governing Board. The Secretary shall countersign all contracts on behalf of the District.

1.6.030. DUTIES OF THE ENERAVANAGER. The General Manager is the chief administrative officer of the board and is responsible to the Board for representing, managing, and directing the district's operation consistent with the objectives, policies, and budgets established by the Board. The General Manager is also responsible for developing and recommending to the board long and short range plans, policies, and strategy to further promote the needs and purpose of the district consistent with the governing laws.

1.6.031. AUTHORITY. The General Manager shall have the authority as follows:

a) To make management decisions in conformity with Board established District policies, management objectives, and plans;

b) Ensure that statutes and governmental rules and regulations pertaining to or affecting District operations, and

10


RELATIONSHIPS (Cont.)

5. AUDITOR

Coordinate with the Board's External Auditor on all matters involving financial control and accountability.

6. OTHER MEMBERS OF MANAGEMENT

Delegate, direct and coordinate members of the management staff as required to effectively discharge the General Manager's responsibilities and authority.

7. EXTERNAL

Contacts outside the District are required with other Agencies, both public and private, related Trade Associations, and City, County, State, Regional and Federal Officials.

SALARY

Forty Three Thousand ($43,000.00) per year plus such further merit and cost of living increases as may be approved by the Board from time to time as well as benefits which have heretofore or may be authorized in the future.

MINIMUM QUALIFICATIONS REQUIRED

Working knowledge of management theory and practices. Working knowledge of public utility organization and practices. Ability to plan, direct and coordinate a varied work program on a large scale. Ability to gain and retain effective working relationships with the Board, Staff and employees, and with the community at large and other public and private officials. Ability to maintain effective public relations, and to communicate effectively orally and in writing.

INDICATORS OF PREPARATION FOR WORK

Administrative experience in the planning, coordination and financing of varied activities, preferably in a public utility; educational background with course concentration in management and engineering; management experience in supervising, directing and coordinating a diverse staff, preferably in the public utility field.

43


TYPICAL DUTIES PERFORMED (Cont.)

8. Direct negotiation and administration of Employee Contracts and recommend changes and alterations to the Board.

9. Direct preparation of an agenda for each Board Meeting.

10. Supervise and control administration of bidding, purchasing and contracting procedures in accordance with board policies.

11. Sign and execute legal documents, contracts, agreements, etc., as necessary to carry out the policies of the Board.

12. Select, transfer, promote and release all District personnel under his direct supervision; recommend to the Board all compensation and benefits for District personnel.

13. Recommend to the Board tariffs and service policies that will provide revenues to the Board sufficient to meet its costof operation, expansion and all other necessary expenditures.

(:I_EL:.ATIONSHIPS t

In discharging his responsibilities, the General Manager maintains the following relationships:

1. BOARD

The General Manager is accountable to the Board for interpreting and carrying out the above responsibilities and other duties assigned by the Board.

2. FINANCIAL ADVISORS

Coordinate as required with the Board's financial advisors on obtaining of funds and pledging of security in accordance with authorization of the Board.

3. ATTORNEY

Coordinate with the Board's attorney with respect to all legal matters and/or documents affecting the District's operation.

4. CONSULTING ENGINEER.

Coordinate with and direct Consulting Engineers on planning and design of system facilities and review results for engineering soundness, feasibility, practicality and cost effectiveness. -12- -

S f 'rUGs ci

TRINITY COUNTY PUBLIC UTILITIES DISTRICT

TYPE OF WORK PERFORMED

The General Manager is the chief administrative officer of the board and is responsible to the Board for representing, managing, and directing the district's operation consistent with the ojctives. policies, and budgets established b the Board. The General Manager is also réionsible ro eveloping and recommending to the board nn nnd short range Rlans,

licies, and strategy to furt er promote the needs and purpose of the district consistent with the governing laws.

Subject to the general direction of the board, the General Manager has the responsibility and authority to:

1. Ensure that statutes and governmental rules and regulation pertaining to or affecting District operations, and covenants of Board ordinances and resolutions are complied with.

2. Develop, establish, and staff an organization structure to fulfill Board objectives.

3. Approve all operating and capital expenditures in accordance with Board policy.

4. Prepare and recommend to the board necessary reports setting forth the District's needs and objectives, including short range and long range plans to maintain the adequacy of its power and of all services, the sufficiency of its physical plant and the efficiency of its operational methods; and provide detailed plans and cost estimates for the development work, extensions, additions, renewals and replacement of the systems to attain such Board objectives.

5. Direct preparation of annual budgets for the District forecasting fiscal requirements and submit other financial data as required to keep the Board fully advised of the District's financial condition and needs.

6. Certify to the Board all bills, allowances, payrolls and claims against the Board.

7. Maintain working relationships with appropriate officials at the local, county, state, regional and federal levels to further and promote the needs and objectives of the Board.

El

BROWN: Seeks 'less hectic pace'

Novato rnianager

hi.nongtime

to retire city leader

to leave next year By Dennis Wyss


After 17 years steering clear of bruising development battles in Novato, City Man-ger Phillip J. Brown said Tuesday he wiTl

retire next year. "I'll be 63 years old," Brown said in an-

nouncing he will retire from the $87,467 per year job between July 1, 1992, and Jan. 1, 1993. "It's time."

Brown informed the City Council of his plans in a letter dated Monday.

"I am now frankly looking forward to a dif-erent lifestyle hich will include somewhat less

hectic pace, travel, working with my peers, and serving Novato in other less formal ways," Brown wrote.

Gives city a year's notice Brown said that political considerations

and allowing the city abundant time to find his successor were the reasons he an-nounced his retirement a year before it will take effect.

"I wanted to make it crystal clear that I had been planning this for some time, and that there's no connection between my re-tirement and the next (City Council) elec-tion," he said. "I don't want the current council tarnished by my retirement, and I don't want it construed as a statement about the candidates in the next election."

Mayor Bill Cope said Brown's an-nouncement was not unexpected. Brown had mentioned to council members re-cently that he was thinking about step-ping down, Cope said.

"But he'll be sorely missed and not easi-.Jy replaced," Cope said. "He's done a su-

erb job, brought stability to who knows —iow many councils, and the proof in the

pudding is how long he's been here."

Three-term councilman Hugh Turner praised Brown's ability to operate effec-tively in the pitched growth and no-growth battles that have marked Novato civic affairs during Brown's tenure.

114s city manager, you go with the coun-cil xajority and as that majority changes ever!,' two years, Phil's been able to be very upfront with all of us and has supported all of us in an even manner," said Turner, who plans to retire from the council at the end of his current term. "He's been an out-standing city manager for our town, and we've been lucky to have him."

39 years of public service Brown has worked in public service for

39 years. He graduated from San Francis-co State University in 1957 with a busi-ness degree. That year, he went to work as an administrative assistant and assistant city manager for Daly City. He also served as city manager for the California cities of Madera and Arcata.

Brown came to Novato in May 1974 from Lampman and Associates, a munici-pal consulting firm.

Brown said a major achievement during his tenure was the move of Fireman's Fund Insurance from San Francisco to Novato, along with location of other corporate of-fices and light industry in the city.

He said the future of Hamilton Field would be crucial to Novato, and that the new Vintage Oaks Shopping Center, when completed, would help make Novato a self-contained community.

Brown said he would recommend that the council use an executive search firm to find his replacement. He added that he plans to stay in Novato with his wife, Jean and children Rob, a student at Santa Rosa Community College, and Marni, a student at Petaluma High School.

interested in serving as interim city man-ager in cities between chief executives.

"When I retire, I'm not goingto drop off the face of the earth," Brown said. "I've spent my life in public service, and this way I can have the best of both worlds."

40

Who Should Attend Registration Information Board Members, General Managers, Assistant Managers, Administrative Assistants, Register now by completing the registration form below. Registration request Personnel Directors, Office Managers, Department Supervisors, Legal Counsel and anyone 13, 1991 for Workshop #1 or October 15, 1991 for Workshop #2 will be subject who needs to have a better understanding of the process by which policies are written, availability and a $10 fee increase.

adopted and implemented in special district governmental organizations.

Workshop Format "Developing and Implementing an Administrative C

Through presentations, case studies, sample policies and question and answer sessions, you San Diego Hilton Thursday Friday Resort & Tennis Club

will acquire the resources, techniques and skills for effectively developing your agency's 800 - 1000 Seminar Registration/ Refresh- 800 - 900 Rv'frevtim San Dio ments 900 930 Operation manual of policies; and, for strengthening your influence and success as an administrator. August 15-16, 1 1

9:00 - 9:15 Introductions 93)) - 1030 Policies Al: 9:45 - 10:15 Necessity & Impacts of Adminis- Directiir', Workshop Leaders trative Codes for Special Districts 10:30 11:15 Policies Av

Michael C. Glaze, MPA, is an experienced professional public administrator, public agency 10:15 - 10:45 Complicatiiins& Difficulties of Facilit:,-

Associated With Policy Adoption 1145 2.00 Evaluation management consultant and conference speaker. He is presently General Manager of Lake 10:45 - 12:00 Legal Considerations in Policy

Oroville Area Public Utility District, and has been a Public Administration instructor at Development & Application

CSU/Chico. Glaze is on the Board of Directors of CSDA and serves as the Chair of CSDA's 1200 tOO Lunch (Included) Clarion l-lotel/

Education Committee. He served for nine years on the Omville School District Board of 1:00 130 Policy Development Methodology San Francisco Airport

1:30 - 2:30 General Administrative Policy Education and as a member of the State Senate Comission on Property Tax Equity and Millbrae

October 17-18, 1991 2:30 - 5:00 Personnel Policies Revenue.

Jeffery A. Meith, JD, is a practicing attorney and partner in the law firm of Minasian, Registration Form - - - - - - - - - - - - - - - - - - Minasian, Minasian, Spruance, Baber, Meith and Soares. He specializes in representing water, sewer and board directors, "Developing and Implementing an Administrative Code" municipal agencies, providing general counsel to their of drafting contracts and other legal documents, representing them in personal injury, eminent

;. domain and contract litigation, as well as representing them before various state agencies. Please check box of the seminar you will be attending

Meith received his law degree from the University of California, Davis School of Law. U San Diego Hilton U Clarion Hotel /San Francisco Airport August 15-16,1991 October 17-18,1991

Workshop Location Workshop #1 will be held at the San Diego Workshop #2 will be held at the Clarion Hotel!

NAME Fees

Hilton Resort and Tennis Club. San Francisco Airport. The hotel is located at DISTRICT C) CSDA Member $150.00 The hotel is located at 1775 East Mission 401 E. Millbrae Avenue in Millbrae. For hotel Bay Drive in San Diego. For reservations accommodations call (415) 692-6363.

(includes morning refreshments and tunctreinl ADDRESS

call 1-800/HILTONS. The hotel can be reached directly at (619) 276-4010. C) Non-CSDA Member $200.00 CITY (includes morning refreshments and luncheon)

Cancellation Policy STATE/ZIP - Total Enclosed:

Only cancellations received three days prior to the seminar date receive a full refund less a TELEPHONE

$10 processing fee. PLEASE RETURN TO: CSDA • 915 L STREET, SUITE 1000 • SACRAMENTO, CA 95814 • (916) 442-7

California pecial Districts Association

Presents eloping and Implementing an

Administrative Code"

San Diego Hilton Resort & Tennis Club August 15-16,1991

Clarion Hotel/San Francisco Airport October 17-18, 1991

PURPOSE

The purpose of this workshop is to provide a basic foundation for understandin the need for administrative code and operational policies (rules and regulations) governing special districts; the process for writing, adopting and implementing policies for special districts; and the legal considerations and constraints involve( in that process.

OBJECTIVES Participants will:

• Learn how to establish aprocess by which their district can develop a compr, hensive administrative code for more efficient and equitable management and operation;

• Be assisted in modifying specific policies from CSDA's Sample Policy Hand book for adaption to their unique situation;

• Develop skills for drafting efficient and complete policy statements;

• Acquire an understanding of the need for policies and how they can be a resource for decision makers, administrators and agency constituents;

• Strengthen their competence in drafting policies which will effectively Iefii the manner and method in which district procedures, operations and services will be performed;

• Examine current legal constraints affecting personnel policies and other controversial policies;

• Improve their management skills to streamline their agency's procedures an make its provision of services more efficient.

RN

October 17-18,1991 di Clarion Hotel ( lub San Francisco Airport CALIFORNIA SPECIAL DISTRICTS ASSOCIATIOI

Who should attend?

Directors/Trustees/Commissioners Board Officers Managers Administrative Assistants Clerical staff Consultants

+ Anyone interested in how special districts function

The Workshop leader, Betty Harrison-Smith, is a consultant for special districts, providing both seminar/workshops and individual board workshops and retreats. She is a Director on both the California Special Districts Association and the Northern California Special Districts Association, and is a Past President of CSDA. She is also a Director on the Shasta Community Services District Board and the Special District Risk Management Authority. She is the Office Manager at the Law Offices of Harrison Smith, and is an instructor at Shasta College, Redding.

For further information, contact the instructor:

Betty Harrison-Smith Ma Calif. Special District Seminars P.O. Box 367 Shasta, CA 96087 916-246-1222 FAX 916-241-1941

In Cooperation with the California Special Districts Association

Recommended by the Northern California Special Districts Association

Ma California Special District Seminars

.J4:': II!

A one-day workshop for

SPECIAL DISTRICT DIRECTORS AND STAFF

September 13 REDDING, CA Law Offices of Harrison Smith, 1267 Willis Street

October 3 YREKA, CA Yreka Community Theater Center 810 North Oregon Street

October 31 NOVATO, CA Bel Mann Keys Community Services District 4 Montego Key

November 15 EUREKA, CA Humboldt Bay Harbor, Recreation & Conservation District, 601 Startae Drive

9:00A.M.-4:00P.M.

Tuition: $75.00 per participant (Includes handout materials; does not include lunch)

Participants will become familiar with the following topics:

Legal foundations for special district government Functions and responsibilities of the Board of Directors (both inside and outside Board Meetings) Director Liability Conflict of Interest Board/staff relations Records retention and destruction Handling disruption at meetings The Brown Act, review and update Personnel Policy Manuals and Administrative Codes

Whether new or experienced to special districts, participants will benefit from the:

—well-rounded program —examples of situations common to special districts —extensive handout materials —feedback from workshop participants —chance to meet informally with other special district members

MUIR BEACH COMMUNITY SERVICE DISTRICT

BOX 221 . STAR ROUTE SAUSALITO. CALIFORNIA . Q4965

NOAHI) OF I)INEC7ORS

September 17, 1991

Special District Risk Management Association Attn: Lynn Evans 2400 Venture Oaks Way, Suite 460 Sacramento, CA 95833-3291

Dear Lynn:

Enclosed is the Muir Beach Community Services District's most current audited financial statement, recently received from the Mann County Auditor's Office. This should enable you to finalize the paperwork on the Bond for our Fire Truck registration.

Please call me at 415-389-1828 if yoy have any further questions.

Sincerely,

Gordon Bennett, Chairman. Muir Beach Community Services District

'F

15

V Office of Emergency Services Room 276, Civic Center San Rafael, CA 94903

(415) 499-6584

September 10, 1991

TO: rum Distribution List

FROM: ter H. ke, Deputy Director

SUBJECT: Mar/n Emergency Management Forum

We hope that you will be able to join us at the Emergency Management Forum on Thursday, October 3. At the Pt. Reyes Fire Station. Please note that the meeting will be from 1000 - 1200 on this occasion; to allow for the long trek.

Principal agenda items will be a guided (by Marj. Stone) tour of West Mar/n's emergency facilities and overview of their planning. We can all probably learn something from these folks:

Muir Beach Volunter Fire Department

'4

Check book as of 8-10-91

Approximate Cash Balance

To donate to CSD for operations Purchase of 24' ladder from "Basic Instinct" Seed money for newly created association Communications equipment repairs Rope rescue equipment Medical equipment Firemen's fund raising dinner

Approximate unspent or uncommitted cash

$15313-00

<5800.00> <2000.00> <5000.00> <800.00> <256.00> <278.00> <300.00>

$879.00

-33

The members of our department and we hope a majority of the CSD board, will see that this is an incredible deal for the community. In return for a one time $2000. expenditure and a $5000 loan (that will pay back $5500.), our community will insure continued financial health for the fire department and freedom from the financial and legal problems that have hampered continued growth and improvement of the department. It gives the community continued access to the outstanding fund raising efforts of the volunteers, access to the Burton Fund grants which typically run between $8-12000 annually and access to additional outside grants.

We urge your support.

Please act upon our behalf and on behalf of the safety of our community.

Please vote for the establishment of the Muir Beach Volunteer Firemen's Association.

With thanks. /7

William Parkas, Chief

O7it Al ieniieT

Please see attached check book accounting.

THE MUIR BEACH VOLUNTEER FIREMEN'S ASSOCIATION

While the MBVFD would continue to operate as a volunteer fire department and the control of expenditures, funding and assets would remain with the CSD, the newly created Muir Beach Volunteer Firemen's Association would act as a separate and distinct non-profit fund raising organization. The main function of the association will be to raise funds for the operation of the department.

We as officers of the Muir Beach Volunteer Fire Department, with unanimous support from our volunteer firefighters, respectfully request that the CSD board take into consideration and vote on at the earliest possible time, the following proposal:

The Muir Beach Community Service District authorize the establishment of the Muir Beach Volunteer Firemen's Association as a nonprofit fund raising organization.

The Muir Beach Community Service District tay the costs of.-establishing the association (attorney's and filing fees) not iej exceed $2000.

The Muir Beach Community Service District -loan the newly created Muir Beach Volunteer Firemen's Association $5000. from current fire department operational fund as seed money to be paid back to the fire department operational fund over two years at 5 interest annually with no acceleration clause or prepayment , penalty.

In return the association membership will continue to operate the fire department with the CSD acting as the oversight body in regard to actual operational costs and equipment purchases. Assets of the department shall remain with the CSD. The association will be a separate non-profit organization and will donate an unspecified portion of proceeds from the annual BBQ to the fire department's operational fund to offset taxpayers cost of operating the department.

4

Members of the Muir Beach Community Service District Board:

The Muir Beach Volunteer Firemen past and present, their families, community members and the general public thank you for your past and continuing support of the Muir Beach Volunteer Fire Department.

Volunteer firefighting has a long history and deep rooted tradition in American rural communities. Volunteer firemen devote themselves to rigorous training in both emergency medical aid as well as firefighting. Volunteer firemen spend numerous nights away from their families responding to emergencies in their communities, risking health and at times their lives, without monetary compensation. People that are willing to devote this kind of time and energy on behalf of their neighbors are somewhat rare and truly an asset to any community. Although volunteer firefighters are unpaid they do not remain uncompensated. Knowing that one has helped save a life or preventing a minor fire accident from becoming a major catastrophe can be the greatest compensation of all.

The Muir Beach Volunteer Fire Department has a 20 year history in Southern Mann County. From rather meager beginnings the department now boasts a compliment of 10 very committed volunteers, two well maintained modern fire apparatus, Cal Osha compliant firefighting turn out gear for all volunteers, state of the art communications equipment and a pager for each volunteer, two complete emergency medical bags("five minute packs"), rope rescue equipment, along with numerous other equipment and physical assets.

In addition to the equipment and regular maintenance, the department has undergone significant improvements in organization, operation, record keeping and training. Most volunteers recently completed the 60 hour First Responder emergency medical training course taught by Jim Irving of the Mill Valley Fire Department. We have developed a regular training schedule which includes two interagency drills per month with personnel from the Mann County Fire Department.

It has been recently brought to our attention that the financial aspects of the department are under some question and the use of our check book for equipment purchases, etc. may be "illegal". Although no one has questioned the integrity of the department or it's officers it has been suggested by an outside arbitrator that an "association" would solve any problems in control, financing and liability of the MBVFD and it's parent the MBCSD.

3',

10-


BOX 221 • STAR ROUTE • SA1SALITO. CALIFORNIA . 04965

S3().Ht)(W IWHECTOIIS

September 10, 1991

14

Bob Baker, State Compensation Insurance Fund P0 Box 2407 1450 Neotomas Avenue Santa Rosa, CA 95405

Re: Worker Comp for Volunteer Firemen

Dear Mr.Baker:

Per our phone call of today, please find enclosed the Code Sections authorizing our Community Services District to execise Fire Protection authority. A separate Muir Beach Fire Protection District does not exist. The Muir Beach Volunteer Fire Department operates under the authority of the Muir Beach Community Services District Board of Directors. The MBCSD Board of Directors is the Governing Board of the MBVFD and as such appoint the MBVFD Fire Chief.

For your records, our current roster is eleven: Freebairn-Smith, Sutton Sward, John Allen Rob Moore, Michael Collier, Aran Farkas, Bill (Chief) Marshall, Ted Clark, Bryan Felix, Mark Rudnick, Peter Lanier, Sidney

Please initiate coverage immediately. If you have any further questions on this matter, please call me at 415-389-1828.

Sincerely,

-..90)t?^ &VN Gordon Bennett, Chair, MBCSD Board of Directors

24

Muirbisach Volunteer Flue DepartITIit



MEETINGS:

8-19-91 Attending: Moore, Farkas, Collier, F. Smith, Felix, Allen, Marshall. Discussion: Committee to build cubicles in firehouse for storage of clothing and turnout gear. Moore to head committee. Truck maintenance. Report by Marshall. Report from Chief Farkas on status of Mettler and Clark as volunteers. Moore to attend county helicopter training exercise 9-10-91. Will report to and train volunteers.

Activities: Communications demonstration by Farkas.

DRILLS:

9-8-91 Attending: Farkas, Felix, Moore, F. Smith, Marshall, Lanier. Also attending: Lt. David Carr, Mann County Fire Department.

Discussion: Proper approach of a fire with a ladder.

Activities: Ladder drill. Approach. Single man set up. Two man set up. Safety. Care and maintenance.

CALLS:

8-25-91 Medical Call / Muir Woods Headquarters. Responding: Farkas, F. Smith, Felix, Marshall. Details: Dislocated knee. Volunteers immobilized patients leg. Family transport to Mann General.

8-26-91 Smoke Check / Hwy 1 Muir Beach Area. Responding: Allen, Farkas, Sward, Marshall, Moore, F. Smith, Felix. Details: False Alarm.

8-29-91 Medical Call / Pacific Way Responding: Sward, F. Smith, Moore, Marshall, Lanier. Details: Elderly patient accidentally drank a cleaning product. Volunteers responding found the patient conscious. County transport to hospital for observation.

9-2-91 Medial Call / Pelican Inn Responding: Allen, F. Smith, Felix Details: Bee Sting. Volunteers observed patient. Released.

ae

MuIR BEACH COMMUNITY SERVICES DISTRICT Supplemental Information For Fiscal Year Ended June 30, 1990

Insurance (Special District Insurance Authority 8-1-89 to 8-1-90) Limits of Liability

Property:

Buildings and Business Repair or Replacement Personal Property Cost Deductible - $2,000

Equipment Deductible - $2,000

General Liability:

Bodily Injury or Property Damage $1,250,000 each occurence Property Damage Deductible - $500

Automobile Liability:

Bodily Injury $1,250,000 each occurrence Property Damage Deductible - $1,000

Workers Compensation Statutory Limit

This resume of insurance is for informative purposes only and should not be construed as providing, interpreting, or confirming coverage under the insurance policy or policies referred to above.

-15-

MUIR BEACH COMMUNITY SERVICES DISTRICT Supplemental Information

rr Fiscal Year Ended June 30, 1990

Organization

The Muir Beach Community Services District was organized under Section 61600 of the Government Code, State of California, and approved by the County of Mann Board of Supervisors on July 29, 1958. The chief function of the District is to provide water service to residents

In addition to water service, the District supports a volunteer fire department. It also provides a recreational function in the form of a multi-purpose community services building.

As of June 30, 1990, the Board of Directors was comprised of the following members:

Term Expires Name November

Jonathan league 1993 Judith Yamamoto 1993 Steven Shaffer 1993 Erin Pinto 1991 Gordon Bennett 1991

A current Oath of Office is on file with the County Clerk.

-14-

MUIR BEACH COMMUNITY SERVICES DISTRICT EXHIBIT I schedule of Changes in Utility Plant and General Fixed Assets For Fiscal Year Ended June 30, 1990

Utility Plant - July 1, 1989

Additions (Deletions)

Accumulated Depreciation

Net Utility Plant - June 30, 1990

UTILITY PLANT

Water Water Water Gas Land Tank Meters Pumps Hydrants Lines Tanks Total

$5,044 $135,385 $2,168 $23,373 $415 $16,231 $787 $183,403

O 0 0 0 0 0 0 0

0 (2,965) (1,197) (8,071) (193) (9,565) (787) (22,778)

$5,044 $132,420 $971 $15,302 $222 $6,666 $0 $160,625

General Fixed Assets - July 1, 1989

Additions (Deletions)

General Fixed Assets - June 30, 1990

GENERAL FIXED ASSETS

Community Road Services Fire Protection Improvement

Community Fire Utility Fire Electronic Breathing Fire Paving Center Truck Truck Equipment Equipment Apparatus Barn Total Upgrading

$169,688 $49,694 $500 $976 $3,900 $771 $653 $56,494 $68,225

0 7,894 0 6,444 2,460 0 0 16,798 1,404

$169,688 $57,588 $500 $7,420 $6360 $771 $653 $73,292 $69629

13

covenants of Board ordinances and resolutions are complied with. C) Prepare and recommend to the board necessary reports

setting forth the District's needs and objectives, including short range and long range plans to maintain the adequacy of its power and of all services, the sufficiency of its physical plant and the efficiency of its operational methods; and provide detailed plans and cost estimates for the development work, extensions, additions, renewals and replacement of the systems to attain such Board objectives.

d) Establish District positions and job descriptions and set compensation levels, subject to periodic review by the Board;

e) Employ, discharge, and direct the activities of all District employees;

f) Retain and dismiss consultants for projects approved by the Board of Directors; and

g) To accept, on behalf of the District, easements and other real property rights and i-nterests for effective performance of the District's legitimate functions. The Board reserves to itself the sole authority to convey real property or real property rights.

h) Approve all operating and capital expenditures in accordance with Board policy.

1) The authority to manage District financial operations and to expend District funds in conformity with a Board approved annual District budget. The budget shall be proposed by the General Manager in a form and at a level of detail determined by the Board. Upon Board approval of the budget, the General Manager shall have the discretionary authority to transfer funds for capital replacement and improvement projects up to the limits established for each project in the District budget. The General Manager shall promptly inform the Board when revenues or expenditures vary from the budget, and proposed corrective action if appropriate. The General Manager shall review the budget status, revenue, and expenditure patterns monthly for the Board.

j) Certify to the Board all bills, allowances, payrolls and claims against the Board.

k) The authority to expend District funds, without prior Board approval, for budgeted non-emergency items not specifically enumerated, in amounts not to* exceed five hundred dollars ($500.00) per project.

1) The authority to expend District funds when an emergency occurs which adversely affects, directly or potentially, the ability of the District to perform its services, which puts District property or personnel in jeopardy, or which may jeopardize the health and safety of the community and its residents. The General Manager shall determine that an emergency exists and shall take whatever steps and expend whatever funds he deems necessary to meet the emergency. At the earliest opportunity, in no event longer than 24 hours, the General Manager shall inform the Board President of the emergency and the steps he has taken and expenditures he has incurred to meet it.

11

4g

9.

m) Maintain working relationships with appropriate officials at the local, county, state, regional and federal levels to further and promote the needs and objectives of the Board.

n) Direct negotiation and administration of Employee Contracts and recommend changes and alterations to the Board.

o) Direct preparation of an agenda for each Board Meeting.

p) Supervise and control administration of bidding, purchasing and contracting procedures in accordance with board policies.

q) Sign and execute legal documents, contracts, agreements, etc., as necessary to carry out the policies of the Board.

r) Select, transfer, promote and release all District personnel under his direct supervision; recommend to the Board all compensation and benefits for District personnel.

s) Recommend to the Board tariffs and service policies that will provide revenues to the Board sufficient to meet its cost of operation, expansion and all other necessary expenditures.

t) The General Manager shall also perform any other duties imposed by the Board.

1.6.032. RELATIONSHIPS. In discharging his responsibilities, the General Manager maintains the following relationships:

a) BOARD. The General Manager is accountable to the Board for interpreting and carrying out the above responsibilities and other duties assigned by the Board.

b) FINANCIAL ADVISORS. Coordinate as required with the Board's financial advisors on obtaining of funds and pledging of security in accordance with authorization of the Board.

c) ATTORNEY. Coordinate with the Board's attorney with respect to all legal matters and/or documents affecting the District's operation.

d) CONSULTING ENGINEER. Coordinate with and direct Consulting Engineers on planning and design of system facilities and review results for engineering soundness, feasibility, practicality and cost effectiveness.

e) AUDITOR. Coordinate with the Board's External Auditor on all matters involving financial control and accountability.

f) OTHER MEMBERS OF MANAGEMENT. Delegate, direct and coordinate members of the management staff as required to effectively discharge the General Manager's responsibilities and authority.

g) EXTERNAL. Contacts with other Agencies, both public and private, related Trade Associations, and City, County, State, Regional and Federal Officials.

h) FIRE CHIEF. Coordinate with the Fire Chief

12

t

concerning matters of budget, equipment purchase, equipment maintenance and see that the Board receives in a timely fashion monthly reports as to the activities of the Fire Department, upkeep of its equipment and state of preparedness. The District Manager shall coordinate all maintenance functions for vehicles with the maintenance superintendent to ensure that the Fire Department's equipment is function efficiently and that the work is done within the District's budget.

1.6.033. SALARY. [Reserved]

1.6.034. MINIMUM QUALIFICATIONS REQUIRED. a) Working knowledge of management theory and practices. b) Working knowledge of public utility organization and

practices. - c) Ability to plan, direct and coordinate a varied work

program on a large scale. d) Ability to gain and retain effective working

relationships with the Board, Staff and employees, and with the community at large and other public and private officials.

e) Ability to maintain effective public relations, and to communicate effectively orally and in writing.

1.6.035. INDICATORS OF PREPARATION FOR WORK. Administrative experience in the planning, coordination and financing of varied activities, preferably in a public utility; educational background with course concentration in management and engineering; management experience in supervising, directing and coordinating a diverse staff, preferably in the public utility field.

1.6.040. DUTIES OF THE'TREASURER/ACCOUNTANT. The Treasurer/Accountant shall install and maintain a system of accounting that shall completely and at all times show the financial condition of the District.

1.6.050. DUTIES OF THE IRECHIEF a) The Fire Chief shall take command of the Fire

Department whenever on duty at fires, drills, or parades. He shall be responsible to see that all fire apparatus is in good order and repair and is ready at all times for service.

b) The Fire Chief shall inquire into the cause of every fire occurring within the boundaries of the District, and keep a record therof. He shall report violations relating to the prevention and extinction of fires, and perform such other duties as may by proper authority be imposed upon him. He must make all attempt to prevent injury to, take charge of, and make a list of all property rescued from a fire, and return the same to the owner thereof.

C) The Fire Chief shall call drills of the Department

13

41

IL

at least once a month and at regularly scheduled times in such a fashion as to have the members of the Department in peak condition, efficiency and knowledge.

d) The Fire Chief shall report monthly to the General Manager and cause such report to be delivered in writing or in person to the Board of Directors.

1.6.060. DUTIES OF THESSISTANT FXRECfiiEF. a) The Assistant Fire hie shall assist the Fire Chief

in the discharge of his duties. In the absence of the Fire Chief he shall discharge the Fire Chief's duties and/or officiate in that capacity.

b) The Assistant Fire Chief shall be responsible for the routine maintenance and inspection of all Department equipment and shall keep written records of such maintenance and inspection, and report monthly-to the General Manager.

14


PERFORMANCE. EVALUATION: GENERAL MANAGER

Empioyee Being Evaluated:______________________________________

Period covered by review:____________________________________ Rate evaluation on a score of 1 to 5 1 = Poor, needs improvement 3 = Average 4 Above average 5 = Excellent

Rating

1. Overall management and administration of District, Water System, Fire Department.

Comments:

2. Fiscal (accounting, bookkeeping, accounts payable, accounts receivable, payroll, banking).

Comments:

3. Board/Committees support and administrative services(poljcy execution, minutes, notices, resolutions, ordinances, office services).

Comments:

4. Office and personnel management.

Comments:


Comments:

Im

6. Water system capital projects management.

Comments

7. Liaison with other agencies and vendors (County, State, Federal, auditor, bookkeeper, BofA accounts receivable system, other Districts, legal counsel, insurance agent, service and supply vendors, contactors, etc.).

Comments:

B. Public relations (relations with water customers, community, local organizations, etc.).

Comments:

9. Planning, forecasting.

Comments:

Recommendations for Improvement:

Salary: Present Recommendation

The above evaluation has been reviewed with employee and recommendations for improvement (if necessary) in job performance have been made.

Employee: Date

Evaluator: Date

Evaluator: Date

50


DISTRICT MANAGER JOB DESCRIPTION

(Adopted, 10/15/86)

Legal

Office of General Manager Office of Clerk of the Board Ex officio Secretary to the Board

Draft, 10/9/86

''S

1 AA

c41'-4

j cj8

Lines of Authority

Reports to Board of Directors Following positions report to District Manager:

Office manager Administratively, fiscally & operationally Chief system operator Fire Chief Administratively & fiscally only

Performance Reviews

Reviewed by Board of Directors (Personnel Committee) Following positions reviewed by District Manager:

Office manager Chief system operator Water system operators & laborers (in consultation with C.S.O.) Fire chief

Principal Responsibilities

1. Overall management and administration of District, Water System, Fire Dept.

2. Fiscal (accounting, bookkeeping, accounts payable, accounts receivable, pay-roll, banking)

3. Board/Committees support and administrative services (policy execution, minutes, notices, resolutions, ordinances, office services)

4. Office and personnel management


6. Water system capital projects management

7. Liaison with other agencies and vendors (County, State, Federal, auditor, bookkeeper, BofA accounts receivable system, other districts, legal counsel, insurance agent, service and supply vendors, contractors, etc.)

8. Public relations (relations with water customers, community, local organi-Eations, etc.)

9. Planning, forecasting

Level

District Manager is an exempt, half-time position (20 hours per week), with holidays, vacation days accrual and sick leave days accrual on a 50% basis.

1.1

// /C 7r7VJ(cj/

BEL MARIN KEYS COMMUNITY SERVICES DISTRICT

JOB DESCRIPTION: GENERAL MANAGER AND SECRETARY TO THE BOARD

Scone

The General Manager and Secretary to the Board is responsible for planning, organizing, directing and Coordinating the administrative and operational activities of the Community Services District, with categories of duties to include, but are not limited to, the following:

1. Conduct studies, prepare reports, as needed and as requested by the Board.

2. Determine work flow, analyze needs and serve as liaison to the County and other government agencies and to the Bel Mann Keys Community for daily operation of the District.

3. Prepare the Board minutes and agendas in consultation with the Board President.

4. Maintain budgetary and fiscal controls by auditing and submitting for Board approval the payment of vouchers and invoices for materials and services received.

5. Provide a status of monthly expenditures and reports to the Board on the condition of fund accounts.

6. Direct and coordinate building maintenance, office management, purchasing and inventory control.

7. Negotiate usage with outside groups for' the Community Center and maintain a calendar for such usage.

8. Provide general continuity and coordination of the day-to-day administrative activities.

9. Refer to appropriate person, entity, or to the Board communications made regarding public improvements.

10. Investigate alleged violations of the CC&Rs and make recommendations to the Board.

11. Attend Board meetings.

12. Attest to all resolutions and ordinances and carry out any other duties required by law as Secretary to .the Board.

51.

Manager Responsibilities and Duties as Secretary to the Board:

Office Hours

Maintain office hours of 9:00 a.m. to 3:00 p.m. Monday through Friday. These hours should be posted and the Manager available accordingly. If the office must be closed during these hours, the President or a designated Board member should be advised.

Office Management

1. Mail and Correspondence

* Date each piece of incoming mail, correspondence and ACC plans upon receipt.

* Prioritize mail. Letters requiring Board response should be accompanied with background information needed to respond appropriately and given to the President.

* Correspondence requiring immediate action.by the Board should be stamped "urgent" and distributed to the members A.S.A.P. All other correspondence should be accumulated and copies given to Board members one week before the next Board meeting.

* Draft letters for the President's signature or other designated Board members, where applicable.

* Draft letters, signed by the Manager, as directed by the Board, and as required to carry out District business. Carbon copy all Board members with letters signed by Directors or by the Manager.

* Organize a filing system and keep all records in accordance with County procedure.

2. Telephone Management

* Keep a log with a brief description of discussions or actions to be taken on each call.

* Listen to recorder immediately after office has been closed and reopened.

* Respond to calls in a timely manner. If the office must be closed during posted office hours, change the message to reflect when the office will be reopened, and post a message on the office door of time of expected return.

2

63

3. Community Calendar

* Maintain an accurate, up-to-date Community Calendar. This calendar should reflect all CSD meetings, Community Center activities and rental uses.

* Collect any rental fee and cleaning deposit established by Board policy

* Post and remove all activity signs on Community Bulletin Board in a timely fashion.

4. CSD Newsletter

* Draft a CSD newsletter addressing Board Meeting agenda V items, including any actions taken1 for President's review and approval. Arrange for distribution.

Financial Management

1. Prepare a monthly financial report stating income, expenditures and outstanding bills. This should be included in the monthly Staff Report. At the end of each month, prepare bills for fl Community Center rentals.

2. Prepare annual office budget.

3. Maintain books for accountants.

4. Make bank deposits as appropriate. rM

5. Keep inventory of office equipment.

- 1. Prior to meeting, draft agenda in consultation with

Board President, and minutes of prior meeting. (Draft minutes should be given to the CSD President on the Monday following each Board meeting). -

2. Prepare vouchers for Board approval.

3-,Prepare staff report as indicated under Staff Report.

V 4. Prepare or cause to be prepared all resolutionsand ordinances.

S. Bring pertinent information from files to back up agenda items.

6. Arrange for tables, chairs and recorder, to be set up for the meeting.

3

7. Attend Board meetings as Secretary to the Board.

8. Attest to resolutions and ordinances and maintain originals in safety deposit box.

9. Maintain all minutes and other District documents in an orderly filing system.

NOTE: The complete Board packet including, among other things, agenda, minutes, and staff report, shall be available to the Board and public at least 72 hours in advance of the meeting and vouchers shall be available to the President at least 24 hours in advance of the Board meeting.

Prior to each CSD Board meeting, write a Monthly Activity Report. This report should include the following:

* Financial Activity, as outlined above under Financial Management.

* Pertinent activities such as letting of contracts authorized by the Board, use of CSD building, summary of communications from public and action taken, and activities for which direction is required by the Board.

Supervise Maintenance and Clean-up Personnel El

1. Check the Community Center building before each rental group uses it. Make sure building is clean and ready for use. .. •,

2. Check the building after use and provide for a clean-up and building check before the next rental, or within 24 hours e tbc rontol, whichever is sooner.

3. Check that all decks, areas outside the kitchen, front entrance area, and other outside areas are swept and maintained.

y 4. Document all damaged to the building or equipment and/or loss of equipment and recommend or take necessary follow-up action. If the building maintenance contractor or lessee does not properly clean the building, arrange for return to complete the task, or alternatively, use cleaning deposit for the same.

4

65

S. Refer all repair problems of navigational locks, building, parks and grounds to the District's maintenance contractor. If the contractor is unavailable, refer to a designated CSD Board member.

B3-13l

I

5

TArIAL PA I C:CIMMIJN iv CFPV I CE D I ST I CT

JOB DISCRIPTION

DIRECTOR - PARRS AND RECREATION

DEFINITION

Under thin g•ri 'ri 1 d i rcr.-t I on of thc, Board rF DI r'c:tor'., I I rt.rt. thin ct lv it p. cif iIi:. md Rrr edi: I on Dr artmr'nt , ;rd met qcr;r'r •.•) I

(fljfli1OI':'r of t Oin?ri Srce fl I r I ri ; rc' ;p.)nc; lb I *' for ol: hr i: 1 dtjt j Work I p:•rformi.rI With ;m rii ix I mum de)r': of I rIrIrpc:ric1I?r,( viii-1h; est&i 1 1 'hc! po I I r I p .ric1 fiet forth by t,I FIo,ri or P ii crtoi'.. feder-iO and r.tc and rnunt.y laws, r,rd nrsce; anti r c'ju 1 it I oi.i

FUNCTION 0*0*0*0*

In concert with the Park. and R(.-,creation Ccsiimi ic ion, provides iru:I I resprris I hi e for any I r to t hi, P1 ann i nq Department and :t:hcr p I .rii In ugenc I es on r*ir k , oper space irmd roncervat Ion o 1 tmn'nt. or master p1 other methods of open area cmii pcirk ar;qu I sit I on and cc)n3urv.st I "ri; 'mr 1<

I tCS ; prpr.m:1r(s and .ubrn I t: o[b*jrut I flj and capital tjc1t:.; ; itper vi (5

and evaluates the work ofsubordinates; provides all necessary st.iif services to the Parks and Recreation Commission; acts as gerieral man':"m of the Open Space District under the direction of the District Bc':ircI o1 Directors.

EMPLOYMENT STANDARDS 0

Educat I ori/Expor I ence *0*00*0*0*00*00*0*0*

Any comb I nation of training and exp'r I erics.' ecu I va 1 erit. to )rumJt tat i Ott ft Lffl

a recognized college or university with a major in pirk athnIruj'tr:,t ion, or other closely re 1 at.i;d fir-Ads irmd riot I ess thin t.hrm..:i, yj-c,

profess I on.' I exper I tnce ci I rect. 1 y re IJ:iterl to park einc.l rerrs:at cr1 prgram. At least one year's experience must bc in an atimlnitr.it. vi' or managerial capacity that. demonstrates the knowieriges and ihilItie: listed below.

Know 1 eriçje 0 * * * 0 * 0 00

Strong kriow I(.'djc of thm pr I rmc I p I i' object I vi of .i and Recreation Department; pertinent laws and rociuht inn., governing open ire?, and park ic:qii I I t ion and coristtrv:it lor; the principles9nr1 prL3rtIce3 of public and businnfis administration and organ I cit ion; budgetary prart I cc; .itui procedures; personnel rrvinuerri'nt . 31 iperv I I on , and 1 I i I ii I ri')

AbI 1 it', to *0*00*00*0

P1 an, organ I ze and coord I nt€' t.hr act. lvii I es of an i:itcyin I at I delegate and provide policy direction to management staff, es tab I sh cooperat I ye relations with representatives of of. htr County agencies, the Commission, subdordinates and the general pub I I c. Aria 1 yze and review staff reports and rec:c.tmrnenidai: I ens. and to Dive constructive criticism; supervise, train and evaItzatm subordinates; prepare and present clear and concise written arid oral reports.

LIcense 0*0*00*

Possession oF a va I I ri Cal I forri i .. driver 's 1 I

MUIR BEACH COMMUNITY CENTER HEALTH & SAFETY REPORT 9/18/91

HEALTH & SAFETY: The play structure has not been dismantled or posted with safety notices. It should be dismantled as soon as possible.

To: MBCSD Directors 7/21/91 Fr: Gordon Bennett

Re: Insurance Seminar - Employees or Independent Contractors?

Based on the following 12 pages, it appears to me that we are running risks in classifying certain people as independent contractors rather than as employees. Risk one: State and IRS penalties and interest. If the District loses an audit, the District holds full responsibility for the missed personal withholding, 55 tax, etc. With penalties and interest, this can amount to over 70% of the amount already paid to the person. Risk two: If the person is injured, it is much less expensive for the District if the person, as an employee, files a claim under our worker comp policy than if the person, as an independent contractor, sues under our General Liability Policy.

Re: Insurance seminar - Worker Compensation

1) According to Bob Baker, Independent Contractors who work for the District should provide us with a Certificate of Insurance, otherwise, they should be considered as employees and listed under our Worker Comp Policy.

2) Directors and other volunteers are not covered under Worker Comp unless 1) the MBCSD so authorizes and 2) they are listed on the Worker Policy at a wage rate related to the fair market value of their services. Currently, this has been done only for MB Volunteer Firemen— no .no other volunteers are covered. Bob recommends that we consider adding the others. For example, Directors as code 8810 (Clerical) cost less than 1% of their fair market services (5 Directors @ 1,000 FMV/yr = $50 to cover under Worker Comp Policy. Other people (if per above consideration they are actually employees rather than independent contractors) would cost roughly: Meter Readers: $1,000/yr = $15/yr Worker Comp

Bistro/Dinner: $1,500/yr = $112/yr CC Cleaning: $1,000/yr = $113/yr Roads/Ditches: $1,500/yr = $107/yr

3) Employees, Directors, and Volunteers, even if listed on the Worker Comp Policy, are covered only when working on District business, not when commuting. As examples: a) Volunteer Firepeople are not covered while on the way to the Firehouse in response to a call; worker comp coverage begins when they enter the Firehouse and ends when they leave the Firehouse at the end of the call; b) the Fire Chief is not covered while driving if he leaves from his home or work to go directl_y to the Civic Center on MBVFD business, because that is considered commuting (time at the Civic Center is covered); worker comp covers the driving time to the Civic Center only if the Chief stops in at the Firehouse first. Driving time from the Firehouse to the Civic Center is then considered 'on-duty" and thus covered by worker comp.

5q

Who Are 2 IndeDendent Contractors? Independent contractors are independent business people who are hired to perform specific tasks. They are just like any other vendor, except they perform services rather than provide tangible goods. Independent contractors are in business for themselves. Thus, they are not the hiring firm's employees. They are not eligible for unemployment, disability, or workers' compensation benefits. The hiring firm does not have to pay employee-employer taxes or provide workers' compensation insurance, and usually is not liable for the contractors actions.

Why businesses hire independent contractors (the right and the wrong reasons)

V Accomplish a specific, one-time only task V Get specialized expertise for a short period of time V Minimize employee liability V Limit eligibility for employee health, retirement, and profit sharing benefits V Avoid union demands V Reduce Social Security and unemployment taxes and workers' compensation costs V Avoid government paperwork and requirements V Avoid a long term employee commitment

Many misclassified workers lead to lawsuits, audits and fines

The distinction between independent contractors and employees is blurry, especially when the person works alone, without hired assistants. Many companies have used this blurriness to avoid taxes and have called their workers independent contractors when they were really employees. The state and federal taxing authorities are now aggressively auditing companies to find these abuses. When tax officials find rTsclassified workers, the hiring firms are charged for all the workers' taxes and are assessed huge penalties. The total taxes and penalties are sizably more than the hiring firm would have paid if it-had treated the workers as employees.

Hiring firms also are sued by workers who believe that they were inappropriately called independent contractors. These lawsuits are filed when the worker needs unemployment, disability, or workers' compensation insurance. Many lawsuits occur because the worker never understood the consequences or responsibilities of being an independent contractor. Yet even if workers were informed, many still sue their hiring firm because they are in trouble and they have nothing to lose. Hiring firms have the exclusive burden to prove to the government that their workers are really independent contractors.

5

Chapter 2

Why does the government care if a worker Is an employee or an independent contractor?

The government looks negatively at the misclassification of bona-fide employees as independent contractors for two reasons. Independent contractors can contribute to the underground economy by not paying taxes. They are responsible for withholding their own taxes and Social Security. Many don't and thus rob the government and the other taxpayers of tax dollars.

The government also wants to protect workers. The Social Security, disability and unemployment insurance programs were all designed to protect average workers. The government does not want businesses to circumvent these programs (and their costs) simply by calling their workers independent contractors.

No right to control worker = true independent contractor

The key factor which determines whether a worker is an independent contractor is who has the right to control the worker as to how work Is accomplished.

If a hiring firm controls the means by which work is done, the worker is automatically an employee. If the hiring firm can exercise control only as to the results of the work, the worker is usually an independent contractor.

The right to control Is Important. . . not whether you actually exerted control

The government does not care if the hiring firm exercised control over the worker. The key is whether it had the right to control the worker.

It is difficult to define what control means. Fortunately, the government recognizes that there are many types of independent contractor jobs with different characteristics and control. Unfortunately, the government's rules are more fuzzy than flexible, which is why there are so many lawsuits and fines.

Things to remember

1. Hiring firms must prove that they have no right to control the contractors work.

2. It is the right to control. . . not the actual exercising of control that is important.

3. Basic characteristics of independent contractors:

• Hired on a job-by-job basis • Operate as a separate business • Offer their services to the general public • Hired to perform a specific task with no ongoing relationship or obligation by the hiring firm.

If your independent contractors satisfy the basic characteristics above, you can feel more comfortable. . . but you're not safe. Read the remainder of this Guide to learn about the special rules and exemptions for certain workers.

61

The Benefits and Risks of Hiring 3 Independent Contractors

Benefits and risks to hiring firms

Benefits:

/ Save money. . . hiring firms don't have to pay:

• Social Security taxes (1990 rate: 7.65% of an employee's wages, up to $3,855 per employee) • Workers' compensation premiums • Unemployment insurance (1990 rate for new businesses, state and federal taxes total 4.2% of an

employee's wages, up to $294 per employee) • California Employment Training taxes (currently $7 per employee) • Health insurance and retirement benefits

V Avoid a long-term employee commitment

V Avoid liability for the worker's actions (please see page 30 for exceptions)

v' Avoid dealing with labor unions and their accompanying demands for union scale wages, benefits and hiring / firing practices

Risks:

V Government fines

If the IRS or California Employment Development Department audit your firm, you must clearly show that your worker was really an independent contractor. . . or your company will face large fines.

in other words. . . you're guilty until you prove yourself innocent by showing unequivocally that your independent contractors are NOT employees. (1)

If you lose an audit because your worker is really an employee, your firm may have to pay over 41% of the money you already paid to your "independent contractor' in taxes and penalties. This is because the government says employers hold the full responsibility for withholding employees' personal income tax, Social Security tax, and any other employee-employer taxes.

(1) The IRS and EDD disagree with our strong statement. They say that when hiring firms are audited, the auditors ask hiring firms to provide any information to support their claim that their workers are independent contractors. The auditor evaluates this information, using rulings (including those described in this Guide). If a hiring firm disagrees with the auditor's decision, it can appeal the decision within the IRS and EDD administrative process or in the courts. But we're not changing our statement. . because you'll be safer if you assume that you have the full burden of proof.

7

Chapter 3

V Lawsuits from Independent contractors

When workers are injured, employees can usually only receive workers' compensation benefits. However, independent contractors may sue their hiring firm.

V No control over the work

A hiring firm cannot control an independent contractor's work. If it does, the workers legal status will automatically convert to an employer-employee relationship and the hiring firm will be liable for employment taxes and benefits. Because hiring firms can't control their contractors, deadlines may be missed, customers may become angry, or other situations may arise that are detrimental to the hiring firm.

V Limited right to fire Independent contractors

Hiring firms can fire independent contractors only if they breach their contract or if the completed work is unacceptable. If a hiring firm keeps the right to fire the worker at will, the workers legal status usually converts to an employer-employee relationship.

Benefits and risks to independent contractors

Benefits:

V Personal flexibility; they are their own boss

V Business expenses are tax deductible

Risks:

V No disability or workers' compensation Insurance

If independent contractors are injured, they can't collect disability or workers' compensation insurance.

V No unemployment Insurance

Independent contractors aren't eligible for unemployment insurance.

V May develop tax troubles

Independent contractors must pay quarterly income tax and Social Security self-employment taxes. Social Security self-employment tax is currently 15.3% of net taxable income - - - a big shock to people who don't plan ahead. When you add federal income tax (15-330/6) and state taxes, the total bill can be huge. If independent contractors spend that money before tax time, they get into BIG trouble with the government.

V Can be held liable

Independent contractors can be held liable for their actions, instead of being protected by the hiring firm (or its insurance).

8

Benefits and Risks

Note: If independent contractors get into tax trouble, need unemployment benefits or need insurance, there is a large incentive for them to claim that they were employees. This is because the hiring firm is legally responsible for withholding employee taxes and paying employee benefits. In an audit, both the IRS and EDD presume that most workers are employees unless the hiring firm can clearly prove otherwise.

More about risks: An IRS or EDD audit

Usually, everyone benefits from hiring independent contractors until:

/ Your contractor gets into a jam

• The hiring firm terminates a working relationship with an independent contractor and (s)he seeks unemployment insurance

• The independent contractor is injured and wants disability or workers' compensation insurance • The government finds out the independent contractor hasn't been paying taxes (2)

V The government audits your business

The IRS now examines independent contractor relationships in all business audits, regardless of the original purpose of the audit. The Employment Development Department (EDD) generally only audits businesses for independent contractors if there is evidence that workers have been nisclassified.

With either occurrence, your business will be audited. The IRS or Employment Development Department will ask for evidence that your workers were really independent contractors. The burden of proof is always on you. . . the worker is presumed to be an employee unless you prove otherwise.

By the way. . . during the audit, the auditors also may investigate other workers you claimed were independent contractors.

It you lose an IRS audit, the taxes can total:

15.3 % Social Security Tax 15 to 33 % Federal Income Tax

6.20 % Unemployment Insurance

a whopping 360/6 to 54% of the contractors payment. . . and the auditors can go back three years.

It you lose an EDD audit, the taxes can total:

1-9.30 % State Income Tax 0.90 % Disability Insurance

.5 to 5.40 % Unemployment Insurance .10 % Employment Training Tax

2.5% to 15.7% of the contractors payment. . . and the auditors can go back three years

(2) The government often learns about independent contractor situations through disgruntled workers (both current and past).

('4

Chapter 3

In addition, you can be fined:

The fines vary depending on the situation. Auditors often have discretion in determining the fines. The basic IRS fines include:

Failure to file form The minimum fine is $50 for each 1099 (or W-2) that you failed to file. The maximum fine is 10% of the payment made to the worker.

Failure to pay taxes 1/2 % per month up to 50 months (6% annually)

Failure to get Social $50 for each Social Security number you didn't get Security number

There also are significant fines if the IRS believes you committed fraud or were negligent, plus fines for many other situations. Contact the IRS if you want further information.

Plus, you will be charged interest on unpaid taxes.

An example: $97,000 in back taxes!

You paid $15,000 to a contractor who the IRS says really was an employee. Using average figures, you will owe $6,485 in taxes. This does not include fines and interest! You would only have owed $1,421 if you had treated the worker as an employee. Now suppose the IRS found you had four more contractors who were also employees and you had been using them for three years. Suddenly, you could owe over $97,000!!!

What happens to your contractors?

Nothing. They get to keep their full payment!

What if your business can't afford the taxes and fines?

The business owners are personally liable. . . ouch!!!!

Note to controllers and other personnel: If a business owner can't pay the taxes or tees, other responsible company officials may be held PERSONALLY liable for them. Contact the IRS or Employment Development Department for details.

Will you be safe if your workers paid their own taxes?

The fines probably won't change, but you may reduce the back taxes you owe. Unfortunately, it is often difficult to prove that the taxes were paid, because you need your contractors cooperation. Without it, you can't get a copy of your contractor's tax return (because of privacy laws). Even if you had a copy, you still need to show that the taxes paid were from income on your job. This can be shown if you issued 1099's to your contractors and that income was reported on your contractors tax return (see page 177 for further information on 1099 requirements).

Get your contractor's Social Security number or be fined 20% It

hiring firms do not get their workers' Social Security numbers, they must automatically withhold 20% of the workers' payment and send the money (called back-Up withholding) to the IRS.

it does not matter whether the worker is an independent contractor or an employee II!

Initial Requirements -4 Options

Four Optional Requirements:

In addition to completing the Pre-Hire Worksheet, Contract for Services, and Contractor Questionnaire, there are four additional items a hiring firm can require to protect itself.

• Contractors business license • Contractors fictitious name statement • Evidence of insurance • Official IRS ruling (SS-8)

These are strictly optional requirements; hiring firms must decide if the advantages outweigh the disadvantages. Overall, if the 20 common law factors on the Pre-Hire Worksheet point strongly towards an independent contractor relationship, some of these requirements may not be necessary. For instance, it shouldn't matter to hiring firms whether their independent contractor has a business license or a fictitious name. After all, hiring firms can't control their independent contractors' actions.

On the other hand, these requirements can prevent future problems. Everything that supports an independent contractor status, including copies of the contractor's business license and fictitious name statement are good for the hiring firm. If your contractor isn't willing to satisfy these additional requirements, perhaps he really doesn't consider himself in business for himself. That could mean future trouble for you. Evidence of insurance and an official IRS ruling can also relieve your concerns about taxes and liability.

Contractor's business license

Some hiring firms keep a copy of the contractors business license in their files to "prove" that workers are independent contractors.

• This requirement will typically cost an independent contractor $50. In some cities it is as high as $200.

• Obtaining a business license only satisfies one part of IRS factor 17 (offering services to general public). It does not prove an independent contractor relationship. You can only establish an independent contractor relationship by placing all 20 factors on the balance scale and showing that it strongly points to an independent contractor relationship.

• However, if a contractor isn't willing to get a business license, does he really consider himself in business?

Insurance (general liability and workers' compensation)

In general, it's a good idea to verify that an independent contractor has insurance. If he doesn't, and things go wrong, he's likely to sue you.

Fictitious name statement

Some companies have insisted that the independent contractors' checks be made out in a business name only, so that government auditors suspect a possible employee relationship. For a check to be written to a business name, independent contractors must file a fictitious name statement.

155

Pre-Hire Worksheet

Pre-Hire Worksheet for:

First, is the Worker a Special Case?

U Automatically statutory employees

• Corporate officers and directors who provide services to that corporation • Food and laundry drivers • Full-time traveling salespeople who sell goods to people (or firms) for re-sale • Full time life insurance agents (working mainly for one company) • At-home workers who are supplied with the materials or goods and are given specifications

for the work to be done • Construction industry workers who don't hold valid contractors' licenses () • Artists and authors under collective bargaining or commissioned work ()

() For California purposes only

Hiring firms must pay Social Security, disability, and workers' compensation insurance for these workers, but generally do not have to withhold personal income tax. However, personal income tax must be withheld for corporate officers. See Chapter 6 for specific instructions for each type of worker.

Li Usually independent contractors

• Direct sellers who sell your product to the final end user • Licensed real estate agents

If they don't violate the 20 common law factors, hiring firms do not have to pay any employee-employer taxes for these workers. If the hiring firm submits 1099's for these workers, it does not have to withhold income tax.

Warning: These workers can be employees!! Please review the factors below and the legal case studies in Chapter 6 for examples.

Hiring firm's partners are not employees.

Partners are business owners. They have special government requirements which are discussed in the California Chamber of Commerce's Business Start-Up Kit. For information, call (800) 331-8877.

Li Construction industry: Unlicensed workers are employees

Will the person will be working for a licensed contractor and performing work that normally requires a state contractor's license. If so, the worker must have a license, or he is automatically and employee. See page 24 for further information.

Conclusion: Is worker a special case? yes no_________

133

Chapter 11

Now... Everyone Else (Mark boxes that are true for the worker you intend to hire)

Li 1. No Instructions

The contractor will not be required to follow, nor will he be furnished with instructions to accomplish his job. The hiring firm may provide job specifications.

2. No Training

The contractor will not receive training by the hiring firm. He will use his own methods to accomplish his work.

Li3. Services don't have to be Rendered Personally

The contractor is being hired to provide a result and will have the right to hire others to do the actual work

Li4. Work is not Essential to the Hiring Firm

The hiring firm's success or continuation does not depend on the services of outside contractors.

Li5. Own Work Hours

The contractor will set his own work hours.

Li 6. Not a Continuing Relationship

The contractor won't have a continuing relationship with the hiring firm. If the relationship is frequent, it will be at irregular intervals, on call (not full-time), or whenever work is available.

Warning: Part-time, seasonal, or short duration relationships have nothing to do with independent contractor status.

Li7. Control their own Assistants

If assistants are hired, it will be at the contractor's sole discretion. The contractor will be responsible for hiring, supervising, and paying those assistants.

F-1 8. Time to Pursue Other Work

The contractor will have time to pursue other gainful work.

Li 9. Job Location

The contractor will control where he works. If he works on the hiring firm's premises, the hiring firm will not direct or supervise him.

134

Pre-Hire Worksheet

[] 10. Order of Work Set

The contractor will determine the order and sequence that he will perform his work.

El 11. No Interim Reports

Since the contractor is being hired for the final result, he will not be asked for progress or interim reports.

U 12. Payment Timing

The contractor will be paid by the job, not by time. Payment by the job can include periodic payments based on a percentage of the completed job. Payment can be based on the number of hours needed to do the job times a fixed hourly rate. However, this will be set in advance of the job.

Li13. Working for Multiple Firms

The contractor will work for more than one firm at a time.

Li14. Business Expenses

The contractor will be responsible for his incidental expenses.

15. Own Tools

The contractor will furnish his own tools. If the hiring firm leases equipment to the contractor, the terms will be equivalent to what an independent business person could have obtained in the open market. For more information, contact a labor attorney.

Li16. Significant Investment

The contractor can perform his services without the hiring company's facilities (equipment, office furniture, machinery, etc.). The contractor's investment in his trade is real, essential, and adequate.

Li17. Services Available to General Public

The contractor makes his services available to the general public by (check one or more):

O Having an office and assistants 0 Having business signs C) Having a business license C) Listing his services in a business directory C) Advertising his services.

Li18. Possible profit or loss

The contractor can make a profit or a loss (check one or more):

C] The contractor hires, directs, and pays assistants.

135

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Chapter 11

El He has his own office, equipment, materials, or facilities. 0 The contractor has continuing and reoccurring liabilities. 0 The contractor has agreed to perform specific jobs for prices agreed upon in advance. U The contractors services affect his own business reputation.

Li19. Limited Right to Discharge

The contractor can't be fired so long as he produces a result which meets the contract specifications.

Li20. No Compensation for Non-Completion

The contractor is responsible for the satisfactory completion of the job and is legally obligated to compensate the hiring firm for failure to complete.

Conclusions from Evaluating the 20 Common Law Factors

Strengths Weaknesses (areas which support independent contractor status) (areas which support employee status)

Federal "Safe Harbor" Exceptions (check if true)

Li (1) Since December 31, 1977, you (the hiring firm) and your predecessor have consistently treated individuals doing similar work as an independent contractors; and

Li (2) You and your predecessor have never treated your current "independent contractor as an employee and since December 31, 1978, you have filed all the required federal tax returns (Form 1 099-Misc) for independent contractors; and

136 rio

Pre-Hire Worksheet

U (3) There was a reasonable basis for treating the worker as an independent contractor. Reasonable basis means (check one or more of the following):

[] (a) You relied on similar judicial rulings, IRS rulings, or IRS technical advice (the written

response you get when you submit an SS-8) (list cases)

J (b) In a past IRS audit, you were not charged fines for treating workers doing similar work as independent contractors. (audit date)

(c) It is a recognized practice for a large segment of your industry to treat certain types of workers as independent contractors. (your proof)

Warning!

Boxes 1, 2, and 3 must all be checked to be exempt from the common law factors. These safe harbor rules do not apply to:

• Technical services personnel performing services for their hiring firm's clients. (Engineers, designers, drafters, system analysts, computer programmers, and other similarly skilled personnel), or

• Any worker for California purposes (unemployment, disability, workers' compensation, liability, and state income tax withholding).

Conclusion

Hire worker as an Uncertain: independent contractor Hire worker as an employee Talk with an attorney

II I I I

137

II

NEW SAFETY STANDARDSRESUL'rI FROM SENATE BILL 198:

CALIFORNIA CC1)E OF REGULATIONS TITLE 8, CHAPThR 4

3203. INJURY AND ILLSS PREVENTION PROGRAM.

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective INJURY AND ILLNESS PREVENTION PROGRAM. The Program shall be in writing and shall, at a minimum:

(1) Identify the person or persons with authority and responsibility for implementing the Program.

(2) Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

(3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

/ OLSp EXCEPTION: Employers having fewer than 10 employees/shall be permitted to communicate to and instruct employees orally in general safe work practices with specific instructions with respect to hazards unique to the employee's job assignments.

(4) Include procedures for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

(A) When the Program is first established;

ExCEP'rIoN: Those employers having in place on July 1, 1991, a written INJURY AND ILLNESS PREVENTION PROGRAM complying with previously existing Section 3203.

NEW SAFE'IY srANDARDs:

TITLE 8, QIfPI'ER 4

Page 2

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(5) Include a procedure to investigate occupational injury or occupational illness.

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the program is first established;

EXCEPTION: Employers having in place on July 1, 1991, a written Injury and Illness Prevention Program complying with previously existing Section 3203.

(B) To all new employees;

(C) To all employees given new job assignments for which training has not previously been received;

(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and

1

trw siE'ry r/.NDfRijs:

TITLE 8, CHAP'lER 4

Page 3

(F) For supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

(b) Records of the steps taken to implement and maintain the Program shall include:

(1) Records of scheduled and periodic inspections required by subsection (a) (4) to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for three (3) years; and

EXCEPTION: Employees with fewer than 10 employees may elect to maintain the inspection records only until the hazard is corrected.

(2) Documentation of safety and health training required by subsection (a) (7) for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for three (3) years.

EXCEPTION ti3. 1: Employers with fewer than 10 employees can substantially comply with the documentation provision by maintaining a log of instructions provided to the employee with respect to the hazards unique to the employees' job assignment when first hired or assigned new duties.

EXCEPTION NO. 2: Training records of employees who have worked for less than one (1) year for the employer need not be retr'ained beyond the term of employment if they are provided to the employee upon termination of employment.

(C) Employers who elect to use a labor /management safety and health committee to comply with the communication requirements of subsection (a) (3) of this section shall be presumed to be in substantial compliance with subsection (a) (3) if the committee:

(1) Meets regularly, but not less than quarterly;

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NEW SAFETY STANDARDS:

TITLE 8, QIAVIER 4

Page 4

(2) Prepares and makes available to the affected employees, written records of the safety and health issues discussed at the comittee meetings and, maintained for review by the Division upon request;

(3) Reviews results of the periodic, scheduled worksite inspections;

(4) Reviews investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness, or exposure to hazardous substances and, where appropriate, submits suggestions to management for the prevention of future incidents;

(5) Reviews investigations of alleged hazardous conditions brought to the attention of any committee member. When determined necessary by the corrinittee, the committee may conduct its own inspection and investigation to assist in remedial solutions;

(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and

(7) Upon request from the Division, verifies abatement action taken by the employer to abate citations issued by the Division.

15

SUGGESTED OUTLINE FOR A SAFETY AND HEALTH PLAN

I. Management Commitment

A. Policy Statement

May include safety and health goals

Illustrates management involvement in

workplace safety and health

B. Objectives for the Safety and Health

Program

Based on the priorities of your workplace

Should be measurable with timeframes for

completion

C. Assignment of Responsibility for Safety

and Health

Descriptions of duties

Policy on accountability

II. Hazard Assessment and Control

A. Hazard Assessment and Correction

Initial survey by CALJOSHA consultant or

other professional

Periodic surveys and sampling

Employee reporting of hazards

Tracking of identified hazards and their

correction

B. Accident investigation

Identification of causes and their correction

Preventive actions

Monitoring workplace injuries and illnesses

C. Recordkeeping

CALJOSHA 200 (Log and Summary of

Occupational injuries and Illnesses)

Material Safety Data Sheets

Employee access to personal medical and

exposure records

Other required or appropriate records

D. Equipment Monitoring and Maintenance

Program

Production equipment

Personal protective equipment

lii. Safety Planning, Rules, and Work

Procedures

A. Control of Potential Hazards

With regard to equipment design, purchasing,

engineering, maintenance, and production

B. Safety Rules

General

Specific to tasks, based on sate work

procedures

System for informing employees

C. Work Procedures

Analysis of tasks to develop safe work

procedures

Implementation

D. Employee involvement

Reporting hazards

Enforcement of rules

Disciplinary procedures and reorientation

E. Emergency Procedures

First aid

Emergency medical

Fire, egress

IV. Safety and Health Training

(Initial and Refresher)

A. Supervisors

Safety and health policy, rules, and procedures

Hazards of the workplace and how they are

best controlled

Accident investigation

B. Employees

New employee safety orientation

General and specific rules

Use of personal protective equipment

Preparation for emergencies

Training required by CAL/OSHA standards

Safe work procedures

SUGGESTED RESOURCES

CS-i (CAL-OSHA Publication) - "Developing A Workplace Safety And Health Program".

2. CAL,-OSHA Consultation Service Offices.

CAL-OSHA CONSULTATION SERVICE OFFICES (As of October 1990)

SAN MATEO ..............................(415) 573-3862 3 Waters Park Dr., Suite 230 94403

SACRAMENTO ............................(916) 920-6131 2424 Arden Way, Suite C-80 95825

FRESNO .................................(209) 454-1295 1901 Northgate Way, Suite 102 93727

DOWNEY ................................(213) 861-9993 8535 E. Florence Ave., Suite 200 90240

SAN DIEGO ..............................(619) 279-3771 7827 Convoy Ct., Suite 406 92111

CAL-OSHA CONSULTATION SERVICE HEADQUARTERS 395 Oyster Point Boulevard, 3rd Floor

South San Francisco, CA 94080

(415) 737-2843

DISTRICT INJURY AND ILLNESS PREVENTION PLAN

I. INTRODUCTION.

Is the policy of the 1TOlR4c1i COIY10J1T'IR\)105D)51R1C1 ("District") to ptovide safe

working conditions for all employees and to promote continuing safety awareness and injury and illness prevention at all levels. The District will endeavor to maintain a workplace that is safe and healthful for all employees, and to implement, maintain and enforce an appropriate injury and illness prevention plan conforming to the best practices of organizations of this type. To be successful, such a plan requires cooperation in all safety and health matters, not only between supervisors and employees, but also between each employee and his or her co-workers.

II. ASSIGNMENT OF RESPONSIBILITY.

The ultimate responsibility for safety lies with each individual employee. In order to provide organization and communication, the responsibility for the implementation, maintenance and enforcement of this injury and illness prevention plan is assigned to the ("Manager"). In addition, there shall be a Safety Committee with responsibility to evaluate safety procedures and conditions and to implement this plan. The Safety Committee is described below.

III. SAFETY COMMITTEE.

There shall be a District Safety Committee, consisting of the Manager,

The Safety Committee shall meet at least once every three months. At least three workings days prior to each meeting, the Manager will prepare and distribute a written agenda similar to the form attached as Form 1. After each meeting, the Manager will prepare and distribute to the Committee members written minutes of the meeting briefly describing the safety and health issues discussed at the meeting similar to the form attached as Form 2. The Safety Committee shall perform the following functions:

1Insert here and in title name of district.

2lnsert name of person or position with authority and responsibility for implementing the plan. In most cases, this should be the manager or administrator.

3lnsert the names of two, three or more employees (by position or name) to serve on the Safety Committee, representing different levels of both management and labor.

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1. Review the results of periodic workplace inspections.

2. Review any investigations of occupational accidents and causes of incidents resulting in occupational injury, occupational illness or exposure to hazardous substances, and where appropriate, submit suggestions to the Manager for the prevention of future occurrences.

3. Review any alleged workplace hazard, unsafe condition or unsafe work practice brought to the attention of any Committee member, and, when determined necessary by the Committee, conduct its own inspection and investigation to assist in remedial solutions.

4. Review any employee hazard reports, and submit recommendations to the Manager to assist in the evaluation of employee safety suggestions.

5. Upon the request of the State Division of Occupational Safety and Health, verify abatement actions taken by the District to abate citations issued by the Division.

6. Discuss and make recommendations concerning any other matters related to the health and safety of District employees.

7. Periodically review and evaluate past employee safety, injury and illness records (maintained under part VI below) and other available documentation concerning employee safety, injuries and illnesses to identify recurring problems and initiate appropriate corrective or remedial actions to avoid such problems in the future.

IV. HAZARD ASSESSMENT AND CONTROL.

A. Periodic Inspections.

The Manager shall be responsible for making periodic workplace inspections in order to identify and evaluate workplace hazards, unsafe conditions and unsafe work practices. The Manager, at his or her discretion, shall personally conduct such inspections, or arrange for such inspections to be conducted by another qualified District employee, the State Division of Occupational Safety and Health Consultation Service, or a private risk management consultant. In conducting such inspections, the inspector will utilize a workplace safety inspection report similar to the form attached as Form 3.

Periodic workplace inspections shall be made at the following times: (1) upon adoption of this plan; (2) every Six months thereafter; (3) whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety or health hazard; and (4) whenever the Manager is made aware of a new or previously

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lT

unrecognized hazard. For any inspection triggered under (3) or (4),, the inspection may be limited to the work areas and systems that may be affected by the new information.

B. Employee Reporting of Hazards.

Employees are encouraged to immediately report to the Manager, their supervisor or any Safety Committee member any actual or suspected workplace hazard, unsafe condition or unsafe work practice. Such a report should be made on the employee hazard report form attached as Form 4. In the alternative, the employee may report orally. If an oral report is made to the Manager, a supervisor, or a member of the Safety Committee, the recipient shall prepare the employee hazard report. All employee hazard reports should be submitted to the Manager for consideration and appropriate remedial action. A copy of each employee hazard report will also be submitted to each Safety Committee member. The Manager will implement any appropriate corrective or remedial measures in a timely manner. There shall be no reprisal against or discipline concerning an employee as a result of the employee's report of a workplace hazard, unsafe condition or unsafe practice.

C. Accident. Investigation.

As soon as possible after a workplace accident or report of occupational injury or illness, the Manager or his or her designee shall conduct an appropriate accident investigation. The investigator shall utilize and complete an accident investigation report similar to the form attached as Form 5. The Manager shall consider and take any appropriate corrective or remedial action. Copies of the accident investigation report will be subinited to each member of the Safety Committee. The Manager will implement any appropriate corrective or remedial measures in a timely manner.

D. Tracking of Hazards and Correction.

The Manager and the Safety Committee will track all reported, known and suspected workplace hazards, unsafe conditions or unsafe work practices identified through Safety Committee meetings and the procedures set forth in paragraphs A to C above to ensure that all appropriate remedial or corrective measures are taken. The Manager or the Safety Committee shall indicate on the appropriate form or in the Committee minutes the date and nature of any corrective measure, or why a corrective or remedial measure was not necessary or not taken, and any other appropriate comments.

V. TRAINING.

Injury and illness prevention training and instruction will be provided to appropriate District employees as follows: (1) to all employees as soon as practicable after establishment of this plan; (2) to all new employees upon hire; (3) to all employees given new job assignments for which training has not been previously received; (4) to all affected employees whenever new

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eo

substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (5) to all affected employees whenever the Manager or any supervisor is made aware of a new or previously unrecognized hazard; and (6) to all supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed.

The Manager shall be responsible for designing and implementing appropriate training and instruction. The training and instruction will be designed to ensure that all employees know how to safely perform their job duties; are knowledgeable about the materials and equipment they are working with; are made aware of known hazards and how they are controlled; are made familiar with this illness and injury prevention plan, safety rules (both general and specific to the job assignment), proper use of tools and equipment, proper personal protective equipment, as needed, and proper methods of lifting and typing; know how, when and where to report injuries and suspected workplace hazards, unsafe conditions, or unsafe work practices; and know the importance of safe and neat housekeeping, special hazards of the job, and safe operation of vehicles.

The Manager shall prepare appropriate written documentation to document all training and instruction provided to employees. The training and instruction documentation shall include the name of all employees who attended, training dates, types of training, and training providers.

VI • RECORDXEEPING.

The Manager or his or her designee shall keep and maintain written records of all Safety Committee meeting agendas and minutes, workplace safety inspection reports, employee hazard reports, accident investigation reports, and employee training and instruction documentation. These documents will be maintained for at least three years. Maintenance of training records for employees who have worked less than one year may be terminated, if the former employee receives a copy of such records.

The Manager or his or her designee shall also have the following recordkeeping responsibilities: (1) obtain a report on every injury or illness requiring medical treatment, including the Employee's Claim for Worker's Compensation Benefits (Division of Worker's Compensation Form 1); (2) record each injury or illness on the Cal/OSHA Log and Summary of Occupational Injuries and Illnesses (Cal/OSHA Form 200); (3) prepare a Supplementary Record of the Occupational Injuries and Illnesses on Cal/OSHA Form 101, or the Employer's Report of Injury or Illness (Form 5020); and, (4) annually prepare the Summary Cal/OSHA Form 200, and post it no later than February 1, and keep it posted where employees can see it until March 1. These documents will be maintained by the Manager for at least five years.

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The above documents will be made available upon request to any member of the Safety Committee and to the State Division of Occupational Safety and Health.

VII. EMPLOYEE COMPLIANCE.

It is the responsibility and obligation of each employee to comply with this illness and injury prevention plan, obey all occupational safety and health standards, rules, regulations and orders issued according to law, and attend scheduled job training and instruction.

An employee who regularly and conscientiously complies with this injury and illness prevention plan and follows safe and healthful work practices may be given a written commendation by the Manager in recognition of the same. Any such commendation shall be considered by the District when considering promotions and merit raises.

The failure of any employee to comply with any of the above requirements shall be a cause for discipline pursuant to the District's personnel policies.

VIII. SAFETY RULES AND PROCEDURES.

A. Safety Rules.

1. General.

a. All work related accidents and injuries, suspected work related illnesses, and known workplace hazards, unsafe conditions or unsafe work practices must be reported to the employee's supervisor or the Manager as soon as practicable.

b. An employee shall not operate any machine or equipment until he or she has received proper instruction and training.

C. Horseplay, scuffling and other acts which tend to have an adverse effect on the safety or well-being of employees is prohibited.

d. All spilled oil, grease, water and other liquids must be cleaned up immediately.

e. Fire extinguishers must be kept accessible at all times, and fire hydrants and areas around sprinkler heads must be kept free and clear of obstructions.

f. All exits must be kept clear and useable at all times.

g. All work areas must be kept clean and orderly.

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,

I manner. h. Restrooms must be maintained in a clean and sanitary

i. Electrical outlets are not to be overloaded, and the use of extension cords should be minimized.

j. All equipment and machines shall be operated only in their intended manner and in accordance with safe operating procedures.

k. First aid stations must be kept clear and accessible.

1. Proper lifting techniques will be utilized when moving boxes, equipment, files etc.

m. Materials will not be stored against doors or exits, fire ladders, or fire extinguishers.

n. Garbage and trash will be disposed of in proper waste containers.

o. Spitting on the floor is prohibited.

p. Hand trucks will be loaded in such a manner as to avoid the possibility of spilling, and will be pulled when in transit except when going down an incline or placing the load in position.

q. Protruding nails in boxes, skids or other containers will be removed or made flush.

r. Sunglasses shall not be worn indoors.

S. Inappropriate footwear or shoes with thin or badly worn soles shall not be worn.

t. No employee shall remove, damage, destroy, or tamper with any safety or protective device, safeguard, notice or warning.

2. Office.

a. Files, equipment or other items will not be left on the floor so as to present a tripping hazard.

b. Only one file cabinet drawer will be opened for use at a time, and file cabinet drawers will be closed when not in use.

c. There shall be no beverages in the immediate vicinity of any electrical equipment, including computer keyboards and monitors, processing units, typewriters, copiers and fax machines.

d. Employees must advise their supervisor or the Manager if background lighting causes glare or a reduced clarity of vision

-6- bks/D060791

on a VDT screen (where necessary appropriate screens will be placed on VDT screens to avoid injury or eyestrain).

e. Correct typing posture will be maintained to prevent injury to the back, hands, wrists or other body parts.

f. All office equipment will be maintained according to manufacturer's specifications, and repairs will be performed only by trained personnel.

3. Tools and Shop.

a. All tools and equipment shall be maintained in good condition and in accordance with the manufacturer's specifications.

b. Only appropriate tools shall be used for a job.

C. Safety glasses will be worn where eye protection is required.

d. When there is a danger of hair entangling in moving machinery or equipment, a cap or hat (not a hairnet) must be worn.

e. No employee will use any machine or piece of equipment until he or she is trained, qualified and authorized to operate it.

f. Power machinery will be kept free of unnecessary tools, rags and scrap while in operation.

g. Rings, jewelry, watches, gloves, neckties, long sleeves, or loose clothing will not be worn when near or operating machinery or other sources of entanglement.

h. Compressed air will not be used to clean floors or to clean clothes, hands or other body parts.

i. Any defective tool or equipment must be immediately reported to the employee's supervisor or the Manager.

j. Tools will be stored in a dry, secure location and will be returned after use.

4. Ladders.

a. Rungs and steps must be kept free of grease and oil.

b. A ladder shall not be used in front of doors that open towards the ladder unless the door is locked or guarded.

c. The user must always face the ladder when ascending or descending.

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I

I d. When used to gain access to roofs or platforms, rung ladders must exceed at least three feet above the elevated surface.

e. The proper size and strength of a ladder or step-stool will be used when appropriate, and employees shall not use chairs, boxes, etc., in place of proper ladders or step-stools.

f. Only wood or fiberglass ladders will be used when working on electrical items.

S. Chemicals.

a. Chemicals classified as "hazardous materials" or "hazardous substances" as defined by the State Division of Occupational Safety and Health will not be purchased, brought into the workplace, or used without the appropriate material safety data sheets (MSDS) and container label.

b. Any such hazardous material or hazardous substance will be used only in strict accordance with the label instructions and the data, precautions and procedures for handling, storage, disposal and use contained on the MSDS.

6. Vehicles.

a. Private vehicles shall not be used for District work, unless authorized by a supervisor or the Manager.

b. District vehicles shall not be used for personal use.

C. All employees driving District vehicles must have a valid driver's license.

d. All District vehicles shall be driven and used in accordance with all driving laws and other rules of the road.

e. District vehicles will be maintained according to the manufacturer's specifications.

B. Emergency Medical Procedures.

1. First Aid Program.

Approved first aid kits shall be maintained in the District main office, the shop area, and in each District vehicle. The Manager shall cause first aid kits to be inspected monthly and restocked as necessary. Trained medical personne are readily available at DIAL 111 - fr7ti LTEf I1P.c O?1(r'1E1T

tg iui,qy OIJ€ & Pici F/c - AT ,1 13 L Ci Hq6s

-8- bks/D060791

85

In case of emergency, ambulance service is available by dialing 911.

2. Medical. Emergency Response.

If an employee suffers a work related injury or illness, the applicable procedures listed below will be followed depending upon the severity of the injury or illness.

a. Life-threatening emergencies. If the injury is life-threatening (e.g. uncontrolled bleeding, loss of consciousness, loss of limb, chest pain, stroke, severe burn, poisoning), the nearest available co-employee will immediately contact emergency medical services by telephoning 911. The employee who calls 911 shall remain on the telephone until released by the emergency dispatch operator. Other available co-employees, or if none are available the co-employee after released by the emergency dispatch operator, will immediately render appropriate first aid consistent with their training. As soon as practicable an attending employee will contact the Manager's office and relate all details to the Manager or other responsible person at the main office. The Manager or other responsible person will verify that the injured employee has been transported to an appropriate medical facility and is being treated. As soon as possible, the Manager or other responsible person will ascertain the medical status of the injured employee.

b. Other Injuries. If the injury is obviously not life-threatening, the injured employee or a co-employee will contact the supervisor or the Manager to relate the nature of the injury. The employee and/or co-employee will also immediately render appropriate first aid consistent with their training. If an ambulance is obviously not necessary, the injured employee will be treated on-site or transported to the __

for treatment, as appropriate depending on the nature of the injury. As soon as practicable, the employee or the employee's supervisor shall notify the Manager of the injury.

c. Work Related Illness. If an employee suspects a work related illness, he or she will immediately contact the Manager. After discussing the matter with the employee, the Manager will pursue appropriate medical examination and/or consultation.

'Insert name, address and phone number of appropriate emergency medical facility.

51f your district is not in a 911 area, insert the appropriate emergency response phone number.


-9- bks/D060791

As soon as practicable following any work related injury or report of a work related illness, the Manager or his or her designee shall comply with the recordkeeping requirements set forth above. The Employee's Claim for Worker's Compensation Benefits form must be provided to the employee or the employee's dependent or representative within 24 hours of learning of a work related injury or illness.

C. Hazard Communication Program.

This hazard communication program element of the District's illness and injury prevention plan is intended to minimize the risk of hazardous substances found in the workplace. The hazardous substances which may be found in the District workplace are described in Appendix 1, attached to this plan.

Copies of all material safety data sheets (MSDSs) for all hazardous substances to which employees of this District may be exposed are kept in the District main office. The Manager is responsible for obtaining and maintaining MSDSs for the District. MSDSs shall be reviewed for completeness by the Manager by checking each of the eight sections for completeness. If a MSDS is missing or obviously incomplete, a new MSDS will be requested from the manufacturer. The State Division of Occupational Safety and Health will be notified if a complete MSDS is not received.

MSDSs are available to all employees for review during regular work hours. If an employee learns that a MSDS is not available, or a new hazardous substance(s) is used in the District workplace without a MSDS, the employee must contact the Manager immediately..

Hazardous substances shall not be used by District employees unless the container is properly labeled showing the contents, name of the manufacturer, and hazard warnings. Hazardous substances shall only be used in strict accordance with the label instructions and warnings, and the data, precautions and procedures for handling, storage, disposal and use contained on the MSDS.

For any employees who may be exposed to hazardous substances in the District workplace, the Manager shall provide such employees with a copy of this hazard communication program and shall instruct such employees about the hazardous substances as reflected on the MSDS. Such training shall be given at the time of an employee's initial assignment to a work area where the employee may be exposed to hazardous substances, and whenever a new hazard is introduced to the work area.

TPrepare and attach as Appendix 1 a list of the hazardous substances known to be present using an identity that is referenced on the appropriate material safety data sheet.

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Q

The training and instruction must consist of at least the following topics: information on where hazardous substances are stored and used; the location of and how to review or obtain a copy of MSDSs; methods and observations that may be used to detect the presence or release of a hazardous substance in the work area; the physical and health hazards of hazardous substances in the work area, and the measures that employees can take to protect themselves from these hazards; the details of the hazardous communication program, including an explanation of how to read, understand and use container labels and MSDSs; how employees can protect themselves through work practices, emergency procedures, and with personal protective equipment; instructions on how to clean up spills of hazardous substances; an explanation that employees and their physician or collective bargaining agent have the right to personally receive information regarding hazardous substances to which the employee may be exposed; and, an explanation that employees will not be disciplined or discriminated against due to an employee's exercise of rights afforded an employee under state or federal law regarding hazardous substances control and communication.

In order to protect outside contractors and their employees who may work in the District workplace and be exposed to hazardous substances, prior to commencing any work where there may be such exposure, the Manager shall provide the contractor with information concerning the hazardous substance(s) and appropriate precautions and protective measures that the contractor and its employees can take to lessen the possibility of exposure.

** *

This injury and illness prevention plan is hereby approved.

1991 (signature]

(name)

(title)

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SAFETY COMMITTEE AGENDA (Form 1)

Date: Time: Place:

1. Reading and approval of last meeting minutes.

2. Discussion of old business

3. Review of any workplace inspection safety reports

4. Review of employee hazard reports

5. Review of any accident investigation reports

6. Review of safety recommendations

I

7. Discussion of any other business

BKS/D061091

SAFETY COMMITTEE MEETING MINUTES (Form 2)

Date: Time: Place: Attendees:_________________________

1. Approval of last meeting minutes.

2. Old business discussed, and any recommendations made_______

3. Workplace safety inspection reports reviewed, and any


4. Employee hazard reports reviewed, and my recommendations made

5. Accident investigation reports reviewed, and any


6. Other discussion and/or recommendations made

Minutes prepared by on

Minutes approved by Safety Committee on

BKS / D2 061091

i

WORKPLACE SAFETY INSPECTION REPORT (For 3)

Date:

Inspector (s):


FIRE HAZARDS Fire Extinguishers-Serviced, Accessible Flammables-Storage, Handling Sprinkler valves-clear, open Housekeeping and trash removal Monthly extinguisher checks recorded on unit Employees trained in use & procedures

WORK AREAS Walking and work surfaces clear of obstructions Floors-clean, good repair,nonskid All exits marked & accessible Non-exit doors marked Exit doors swing outward

STAIRS Steps clear, unobstructed Non-skid strips Handrails adequate, secure

PRESSURE SYSTEMS Hoses in good repair, proper storage Fittings, couplings, pressure gages, working Compressors clear of obstructions Eye protection available at compressor site

ELECTRICAL EQUIPMENT Adequate clearance around control panels

Purpose of each switch identified Lock-out controls Voltage labeled Extension cords of proper rating & in good repair

-1- BKS/D5061091

EF


LADDERS Properly stored Strong enough for intended use Regularly maintained

MACHINES HAZARDS Safety guards in place Working properly and safely All tools in good repair

ENVIRONMENT Adequate lighting and ventilation Noise at acceptable level Housekeeping Material handling Material storage/stacking Hand tools used, maintained properly

Employee safety awareness Supervisors' safety attitude Flammable liquids kept in approved containers & cabinet No Smoking or open flames sign posted near flammables; no MSDS available for hazardous substances Adequate first aid kits Emergency phone numbers & procedures posted Emergency eye wash/showers functional

Safe lifting procedures observed Safety rules enforced Correct typing posture observed

VEHICLES Brake lights Turn signals Running lights Back-up lights Hazard lights Horn Brakes Steering Tires Wipers Jack Spare tire Lug wrench

-2- BKS/D5061091


Mirrors First aid kit Oil & other fluids Fire extinguisher Seat belts

Other observations or recommendations:

(Signature)

GT3- BKS/D5061091

EMPLOYEE HAZARD REPORT (Form 4)

Employees are encouraged to use this form to report workplace hazards, unsafe conditions or unsafe practices. There will be no reprisal against an employee for making any such report.

Description of hazard, unsafe condition or unsafe practice

Suggestion(s) for remedying or correcting hazard

Employee name (optional)

Date

BKS/D3061091

qj

ACCIDENT INVESTIGATION REPORT (Fore 5)

Date:

Investigator(s):

Date of accident/ injury/ report of illness

Description of accident/injury/report of illness

Name(s) of injured or ill employee(s)

Did any workplace hazard, unsafe condition or unsafe practice

contribute to the accident/ injury/ illness? ____

Could corrective, remedial or protective measures avoid or minimize

a similar accident/injury/illness in the future?___________________

What will be done to assure appropriate corrective, remedial or

protection measures?

(Signature)

BKS/D4061091

45

-. - SAFETY AND HEALTH PROTECTION

Stats o Ciorrda 0 WN 71H[ J©[ Department of Indusmal Raliellons

The CalIfornIa Occupational Safety and Health Act of 1973 provides lob Salary and health protection for workers. The Department of industrial RelatIons has prImary responsIbIlIty for administerIng tie Cal/OSHA program. Job cutely and twatlti standard, are promulgated by the Occupational Safety and Health Stendasda Board. Emptoyers and employees are required to comply with these standards. Enforcement Is carried out by the Division of Oecup.floriet Safety and Health wIthal the Department 01 tndoslrl.t Relation,.

EMPLOYERS AND EMPLOYEES California law require, every employer to provide employment and a plan, of em

ployrnent 'Oct.wace sate and healthful for the employees ttwrieer Employers and employees are reqiered to comply with the occupational safely and tietlIlt' standards

In Tittn B of the California Code of fleqitlt'tinn't and alt rules. rwguIahon and ordi,rS pvrsttant to Division S of the CalifornIa Labor Code which are .kable to Its.ir employment and actions on the 'ob.

COMPLIANCE WITH JOB SAFETY AND HEALTH REQUIRE-MENTS

To insure compliance with Slate lob safety and health reQuirement,. the Division of Occupational Safety and l'Ii.atlh conducts periodic jobsite The .ispecton, not made by trained satety erer and indrtstrlat hygienists.

The law provides that an eufflonSed representative of the employ,r and a repre-sentative of the employees be given an opportunity 10 accompany the Safely .ngi. n.erlsndustnat hygienist for the purpose of aiding the in spec tion. Where fliere is no authorized employee representative. the solely engineer/Industrial hygietset talks with a reasonable number of employees about the safety and health condItions in file workplace.

Every employee has the right to bring unsafe or unheaflhfulcoo itili for 10th. attention of the safely ergineerrinduslrial hygienist malileg the inst,echion. In addition. any employee who believes unsafe or unhealthful conditions exist at the wrk*ite has the right to notify the Division of Occupational Safety and Health. The Division upon request will withhold the names of employees who submit or malie statefrtertfs during an insgetion or invesligatiort.

N the Division of Occupational Safety and Health believes that an employer has violated a safely and health standard or order, it issues a citation to the employer. Each citation specities a date by which the atteged violation must be corrected. The law provides for mandatory penalties against employers of up to $2000 for each sarious violation and Icr optional penalties of up to $1.000 for each general violation. Penalties of up to $2,000 per day may be proposed for failure to correct serious violations and up to $1.000 per day may be proposed for failure to correct general violations by the abatement date. Also any employer who willfully or repeatedly violates any occupational safety and health standard or Order may be assessed end penalties of not more than 320.000 lot serious violations and $10,000 lot general violations.

A wiettjl violation thai causes death or Pertnanertl impairment of the body Of any employe, results, upon conviction. in aIls. of not more than $10000 or kurpitson-rnent 01 riot more than sir months, or bolt,. A second conviction, after a le$t coo vic-lion. doubles these maximum penalties.

White governmental entities may be cited on the same basis as other employers, arid abatement dates set. ovlt penalties will not be assessed.

An employer who receives a citation. Order to Take Special Action or Special Order must post if prornineritty at or near the place of the violation for three working days. or until It', unsafe condition is corrected, whichever Is longer, to warn employ. ees of danger that may exist there. Any employee may protest the lIme ailowed for Correction of this violation.

COMPLAINTS Employees or their representatives who believe unsafe or unhealthful condillim

exist in thee workplace have the right to tile a coniglawtt with any office ol to Division of Ougatsinst Safely and Heath and thereby to request an lin.ecfivrt. The Division keeps .....eiierttLJ the names of coclIt**ianls iites they request o4f'wIse.

An employee may not be tired or punished In any way for Bing a cc rplaW ekouf unsafe or unh.rahhlul working Conditions or using any oIlier right given to .mpIoaak by Its. Cal/OSHA tow. An employee of a privetq employer who believe, that tiered half been Feed of Punished tot escercising such rights may Ille a complaint about flits disci lliwtalion with the neatest Office of the Depsuimenl of Industrial Relations Olewiort 01 Labor Standards Enforcement (State Labor Commissioner) or with are San Fiatideco OttIce of the U.S. Dept'rtment at Labor. OccuDationat Safely and Health fró*4witraiv..,. Employees of state or local goxe.nrnenf agencies may tile dlaa*nina$ion cor wL.0 only wilti the Stat. Labor Co.iinvssron.rr. Consult your local ffe,ho..a directory br Pie 01e nsarst you.

OTHER EMPLOYEE RIGHTS Any employee liati the right to refuse to perform work which would violate fire 0eV

OSHA Act or any occupational saloty or health standard or order where such vlolati00 would crest, a real and apparent hazard to the lflItAry.e Of other employees.

Employers who use any substance listed as a hazardous substance in Section 339 of Title 901 the California Code of Regulations or aubplct to the Federal Hazard Commu-iicflcn Standard (29 CFRS t910.1200) rust provide employees with Information at' Pie contents 01 malarial sat.ly data sheets (MSOS) or equivalent Wormalion about the substance which trains etnftlOye*s to use the substance safely.

Employers shall make available on a finlely and reasonable basis a material safely data sheet on each hazardous substance in tIre workplace upon request of an ....,.lo,..e oseectis, bargaining representative, or an employees pflysn.

Employees have the right to sea and copy thmit medical records and accurate records of employee exposure to potentially toxic materials or harmful physical agents.

Any employee has the right to observe monitoring or measuring of w,s4umyee exposure to hazards conducted pursuant to CaIIOSHA standards. Employers mIsS all tieir employees when they we being, or have been, exposed to concenfrafions of ltecmnlri substances higher 11555 the exposure timils allow ed by CaIIOSI4A s*andaida. and the corrective action being taken.

For information, arid assistance. contact the nearest office of the Division of Otpa-lionaf Safely and Health. See addresses below.

The law requires each employer In California to post this goiter conspicuously In each workplace.

CONSULTATION SERVICE In order to encourage voluntary compliance. CUOSHA provides tree, upon request,

$ Kilt range of Occupational safety and health consulting services. The CVOSHA Con-sullalion Service Is separate from CaLIOSHA enforcement activities.

OFFICES OF THE DIVISION OF OCCUPATIONAL SAFETY AND HEALTH HEADQUARTERS: 395 Oyster Point Blvd. So. San Francisco 94080

Anaheim Los Angeles Sacramento San Fraricrsct

2100E Katefta Ave., Room 125.92606 (714)939.9611 Vanthuys 6150 Van Nuys Shrill.. Suuts4OS. 91401 (619)901-5403 3550 West Sixth Street Suite 413. 90020 (213) 736.1911 Ventura 1655 Mess Verde, 93003 (605) 6544591 2422 Arden Way. Suite 0-53. 95925 (916) 920-6127 Vernon 13050 Heritage Dli Or. Ste 201,Sarrta Fe Spgs 90670 (213) 941.7975 455 Golden Gate Ave.. Room tilt, 94102 (415)5514940

Regional niln- - - - -

District Offices Anaheim 2100 E. t(atelta Ave., Room 140, 92906 (114) 939-0145 Bakerstiumfd '600 Slockdsfe Highway. Suite 212. 93309 (605) 3952716 Concord 1465 Erea Circle. Bldg. E. Suite 900.94520 (415) 676-5333 Cosine 1123 So. Park-Igo. Suite 100.91724 (519) 966-1169 Fresno 2550 Marlposa St., Roqm 4000, 93721 (209)445-5302 Long Beach 4015 Ocean Blvd.. Room. 400,90902 (213) 5905035 Los Angeles 3550 West Sistli St.. Roo rt 431. 90020 (213) 736-3041 Modesto 1209 Woodrpw Ave.. Suite C4. 95350 (209) 5766260 Oakland 7700 Edgewater Di.. Suite 659.94621 (415) 569-6602 Redoing 361 Hetmisted Drive. 96002 (916) 224-4743 Sacramento 2422 Arden Way, StilIe 855. 95925 (916) 9206123 San Bernardino 303 West Third St., Room 640, 92401 (114)363.4321 San Diego 7607 Convey Court. Suite 140 92111 )619( 237-7325 San Francisco 455Gclden Gate Avir..Room 1193, 94102 (415)557-1677 San Jose t 0 Paseo De San Antonio, Suite 101. 95 113 (409)277-1260 San Mateo l900Sc Norfolk St.. Suite 2tS.94403 (415)573.3612 Santa Fe Spgs 13050 Hwirttiqe Park Or. Ste. 201.90610 (213) 944-7576 Santa Rosa 50 0 St.. Suite 430, 95104 (707) 576-2396

Field Offices Chico $55 Rio Linda. Suite A. 95926 (9 Is) 695.4161 Eureka 619 Second St.. Room 109. 95501 (707) 4154611 Salinas 1164 Monroe St., Suite 1.93906 (409) 443-3050 Sfodrlon 31 E. Channel SI, Room 416, 95292 (209) 949-7752 lidali 620 Kings Court. SuIte 5.95462 (707)463.4793

CAL/OSHA CONSULTATION SERVICE rs: 395 Oyster Pt. Blvd.. 3rd Fl.. So.San Francisco, 94060(415)137-2943

Ar,. offices Downey ............... 9535 5 Florence Ave., Suite 200. 90240........, ........ (213) 661.9993 Fresno................. 1901 N Gateway, Suite 102.93727 ... ....... ................ (209) 454-1295 Sacramento ......... 2424 Arden Way. Suite Di0. 95825 ......... ,,...,,., ......... (916) 9204131 San Diego ........... 7627 Convoy Court, Suite 406. 92111 .............. ... , (619) 279-3771 San Male ........... 3 Waters Park Drive, Stifle 230,94403........................ (415) S733862

Pe.anns .ritwig to register ii Cotuielom aesquvig wadeoo.'wy in tlr ridruinstratien 545w Caulomie Ocoaiatleumal Safety and Hattii Plan way ito anti, cw.rwirp sin San Francisco Regard ORes '1 the Ocexoavenol Stete and 4.811h Aitiremtmwuon (OSHA). U S Desarimrieia of L (Tel. 415J7444670) 05*1* nrneou', fIre opersmsiui 01 Stale D5ws to aim,. san cerersied atiorOval Is ewefed

TO ALL EMPLOYERS OF CAI.tFt7flNtA EMPLOYEES Semen SlollIat 54 are Csaloiaia Labor Code rews thai kilotimralion thai be posled ueqirdeq proI.ri and deiqaluaiit 01 sl VIVO e aidet the OrcrJ5atrortoI surety amid heomlr Fe Th, omlm imienis that r.o.J.reii,erg and MAW tal pronwwF" poq In 14 Places of emuapr4 in lii. stale of CakIwix. Section e431 of the CailIonwi labor Cod. 00vvi0 siSi soy iihhovee .Ini iwlurer wit of rh. ponwi5 r.qu.rrranrws on S.ceeui 9405 of Pie C,ielon,.. Latin. Crote mitral he ewims.d a cnn.' ernesT Strait. one thousand doaws 151.0001 W each wavier, APRIl. 1990

SECTION VI

ROSTER OF PUBLIC AGENCIES

Government Code Section 53051 (copy attached) requires each public agency to file with the Secretary of State and with the County Clerk of the county in which it is situated a Statement of Facts concerning the District and its governing board. This code section also requires that an amended statement be filed within ten days after any changes in the facts set forth in the file statement. Form LP/SB-405 (Exhibit ,,P", Page VIII: 18), Statement of Facts Roster of Public Agencies Filing, may be obtained from your County Clerk or the SDRMA Administrator/Risk Manager.

A COPY OF PORK LP/SB-405 IS ALSO TO BE PILED WITH THE SDRMA ADMINISTRATOR/ RISK MANAGER WHENEVER THE FORM MUST OTHERWISE BE FILED.

Government Code Section 946.4 (copy attached) provides that the six-month claim statute is not a defense for a public agency that has failed to file a statement or amended statement as required. It is most important that your district and SDRMA continue to have the six-month claim statute as a defense to claims against your District. Accordingly, your District must have a Statement of Facts on file as required by this code section and must file an amended Statement of Facts within ten days after any changes in the facts contained in the prior statement.

Rev 2/1/91

VI: 1

ql

i §tatr of Qtalifuruia arr1 31ang En

hrretarj af §tntr

STATEMENT OF FACTS ROSTER OF PUBLIC AGENCiES FILING

(Government Code Section 53051)

Instructions:

1. Complete and mail to: Secretary of StateJCC ousry C4-Ef/ P.O. Box 944225, Sacramento, CA 94244-2250 (916) 324-6778

2. A street address must be given as the official mailing address or as the address of the presiding officer.

a Complete addresses are required. 4. If you need additional space, please include information on an

84 X 11 page.

New Filing ( ) Update [ I

Legal name of Public Agency:

Nature of Update

County

Official Mailing Address:

Name and Address of each member of the governing board.

Chairman. President or other Presiding Officer (Indicate Tide):

Name ___________________ Address:

Secretary or Clerk (Indicate Title):

Name ___________________ Address:

Members:

Name ___________________ Address:

Name ___________________ Address:

Name ___________________ Address:

Name _____________________ Address:

Name Address: ___________________

Date______________________ 3v Signature

Typeâ Name and Title

S.c/Sia'. Fenn LPISI.405 Rev. 4/19 qg U,

To: MBCSD Directors 7/21/91 Fr: Gordon Bennett Re: Insurance Seminar - Drivers

MBCSD has insurance through SD'IA for drivers on Distrct business only if: 1) they have a valid license and 2) they have the required CA auto insurance if they use their own car

If either of the above two requirements is not met, the District's insurance is invalid. SD*lA requires that every driver provide the District with a copy of their license and (if driving their own car) proof of insurance. To assist us in overseeing these requirements, the DMV has a new Driver Information (Pull Notice) Program. SDiA and C'1V specifics are on the following 4 pages. All employees, including

-volunteersand Directors, who

drive on CSD business must be listed, license & proof of insurance copies obtained. Independent contractors on CSD business are exempted. Do CCC members, Fire chiefs, District Secretary, Bistro person drive on CSD business?

MBCSD DRIVER RECORDS (updated:_9/25/91)

Name DL # Exp Copy? Birth Position Emp Dt Dist/Own Proof Veh/ Veh Insur

Bennett, Gordon A0139965 95 7/21/46 Director 1989 X

Yamamoto, Judith Director 1989 X

Shaffer, Steven Director 1989 X

Pinto, Erin Director 1989 X --

McNeil, Regan P0610907 93 9/15/48 Employee 1989 X

Homen, Kenneth D0049459 91 11/28/37 Meter Reader 89 X

Rudnick, Peter N4395702 92 -- 8/15/49 Vol Fire 1989 X NO

Lanier, Sidney A6414025 93 4/29/53 Vol Fire 1989 X NO

Sward, John H0992314 92 6/27/42 Vol Fire 1989 X NO

Allen, Rob N0047668 92 12/21/54 Vol Fire 1989 X NO

Moore, Michael N3456217 92 6/4/57 Vol Fire 1989 X NO

Collier, Aran N6472853 91 10/22/59 Vol Fire 1989 X NO

Farkas, Bill C0319270 92 3/3/49 Vol Fire 1989 X NO

Marshall, Ted P0006673 90 - 10/20/47 Vol Fire 1989 X NO

Clark, Bryan N0890548 94 3/5/54 Vol Fire 1989 X NO

Felix, Mark C0684617 9/11/61 Vol Fire 1989 X NO

Freebairn-Smith, N4562940 92 - 12/23/57 Vol Fire 1989 X NO Sutton

qq *P4


Driver Safety Policy

Policy No. 88-10

A POLICY OF THE BOARD OF DIRECTORS OF THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY

REGARDING COVERAGE OF DRIVERS OF MEMBER-DISTRICTS

WHEREAS, the Special District Risk Management Authority provides risk pooling for auto liability risks; and

WHEREAS, it is in the best interest of all member-districts of the Authority to control losses by minimizing risks connected with the operation of both district owned and non-owned vehicles on which such risks are pooled;

NOW, THEREFORE it is the policy of the Board of Directors of the Special District Risk Management Authority, until such policy is amended or rescinded, that:

1. Each driver of a member-district owned or operated vehicle shall have a valid California driver's license [a driver new to California will be permitted a 30-day period in which to obtain a California license, provided such driver holds a valid license from another state]; and

2. Each driver shall possess a valid California license of the class required for the vehicle to be operated by the driver; and

3. Each driver of a member-district ' s non-owned vehicle shall possess the minimum financial security requirements required in the State of California; and

4. Each driver shall provide the member-district with a copy of driver's current license and, if driving a non-owned vehicle, evidence of insurance; and

5. Any driver who has been involved in an accident in which driver is alleged to have been under the influence of alcohol or controlled substances, and of which accident the District Manager or Designated Person has knowledge, shall not be covered by SDRMA UNTIL SUCH ALLEGATIONS HAVE BEEN RESOLVED; AND

6. Any driver who has been evaluated at more than 20.0 points, based on the attached point evaluation schedule, shall not be covered by SDRMA until such


driver shall have reduced the total points to 10.0 or lower; and

7. A district with a driver who has been evaluated at between 10.1 and 20.0 points, based on the attached point evaluation schedule, shall be encouraged to assist and encourage the driver to take such remedial actions as are necessary to reduce the driver's evaluation score to 10.0 or less.

Adopted this seventh day of April, 1988 by the Board of Directors of the Special District Risk Management Authority.

ATTEST:

Richard K. Maddalena, CPA Administrator/Risk Manager

POINT SCHEDULE

Summary:

Acceptable

Marginal

Unacceptable

Convictions

Class I (5 points)

0.0 to 10.0

10. to 20.0

Over 20

Serious convictions indicative of deliberate recklessness or flagrant disregard of the law, such as:

Driving after revocation or suspension of license. Operating under influence of intoxicating liquor, narcotic or dangerous drug. Attempting to elude officer. Failure to stop after accident. Racing. Reckless driving.

Class II (3 points)

Convictions usually connected with an accident, such as:

Failure to keep vehicle under control Failure to yield right-of-way Following too close

Rev 2/1/91

Appendix 8-H Page 2

lot

Inattentive driving Too fast for conditions

Also, convictions of intermediate severity, such as:

Careless, hazardous or negligent driving Passing illegally Failure to stop for school bus Speeding

CLASS III (1 point)

Other moving violations

CLASS IV (1/2 POINT)

Non-moving violation convictions, such as:

Operating with expired driver's license

Accidents:

Class V (points as listed)

From experience records:

Preventable, other than below Backing or maneuvering Non-preventable accidents

From MVR:

No conviction on same date With Class I conviction,

same date (for both) With Class II conviction,

same date (for both) With Class III conviction,

same date (for both)

Time Weight

3 points 2 points 0 points

2 points

5 points

3 points

3 points

Points will be weighted, counting backward from the first of the month in which the MVR is received by SDPNA:

Most recent twelve nonths

Next twenty four months

Next thirty six months

Over six years

Tripleweight points

Doubleweight points

S ingleweight points

No points to be assigned

Rev 2/1/91

Appendix 8-H Page 3

DRIVER INFORMATION (PULL NOTICE) PROGRAM

California permits governmental employers to participate in the

PULL NOTICE PROGRAM. Under this program, governmental agencies

may register to obtain notices from the Department of Motor

Vehicles when registered drivers:

- are convicted of a driving offense; or

- are accumulating a negligent operator's record; or

- have had a license suspended or revoked; or

- has had any other actions taken against driving privilege

or certificate or license.

You must obtain a Confidential Reauester Code Number. This number

is obtained by using Form DL 68, Application for A Governmental

Requester Code Number. There is no fee for this service. Please

direct your request for a form, or other questions, to:

Department of Motor Vehicles Headquarters Operations Information Services P.O. Box 944231 Sacramento, CA 94244-2301

or call a technician at 916-ta. 9

Districts are urged to participate in the PULL NOTICE PROGRAM, to

ensure that their drivers remain qualified.

Rev 6/26/91 8.7.1

103


B OHM A 2400 Venture Oaks Way Suite 460


BoSZdDIZSOIOrS August 28, 1991

nA.Ipus E.bsr D P.O. Box H Heber. CA92249 Ms. Hazel lielo (it 3.0323 Muir Beach CSD

Star Route Box 221 __ - - Hoim.s . Sausalito, CA 94965

34 06no Bol 80n C1.m.nt., CA 9*172 (714) 496-1230 Dear Ms. Melo:

John WooU.y This will acknowledge receipt of your payment of 1991- manflacm 1992 contributions in the following amounts for the 147 M01v.n Road programs indicated: (707) 4454451

$ 9,720.00 in full payment — Package ism" ¶ W ___

. $ in full payment — Boiler/ P.O. Box Machinery Program Thrnib.g8prin,,CA9*3$3 . $ 1,151.00 in full payment — Vehicle C714) 667-2766

Comp/Collision Program Bob Rawson CUy*IUAD P.O. Box 353 If there are adjustments due to additions or deletions of New Cuam&CA 93254 vehicles or property, you will receive a refund or billing

from SDRXA in about six weeks. Betty Haniaon4mlth P.O. Box 367 If you have not paid for any program shown above, but wish Shist.., CA 96087 (316)246-1222 to participate, please call me at once, or send your

additional contribution, if you have the invoice — Earl F.S&Ti elective programs Are fl continuous, but are effective P.O. Box 1152 HWork. CA W041 only upon payment of the applicable contribution(s). (916) 428-5512

Shortly after August 1, 1991, we will forward you your AdmtxaiorfRMkMana.r Declaration Pages, showing the program(s) in which you RicrdKMsdd&1.ns participate. As soon thereafter as the excess policies

are received by SDRMA, they will be forwarded to you.

We appreciate your - continued confidence in SDRMA, evidenced by your renewal of your membership.

We regret that your 1991-1992- contribution was not received in time to earn the time1y payment" discount on your 1992-1993 renewal. The contribution had to be in SDRXA's off ice by July 26th, but didn't arrive till after

In California: TOLL FREE NUMBER: (800) 537.7790 Elsewhere: (916) 641-2773

FAX: (916) 641-2776

Io

Ks. Hazel )I.lo August 28, 1991 Pag. 2

that date. (Not.: Some districts send their payments through the county office, but the checks suet still be received by the due date, to earn the credit.)

Sincerely,

Richard K. Maddal.na, CPA Administrator/Risk )Ianager/ Clerk

RKX:kjc

105

/1WfiI1'i c1L 11 1

j a..... • a..... a ....a 'a , .... SPECIAL DISTRICT RISK LJV'pq

I.dU• a... . ..._ mmmmLq"us ' .a.ua. I MANAGEMENT AUTHORITY a....... _.J

S D R M A 2400 Venture Oaks Way Suite 460


MEMORANDUM

Board ofDirectors August 4, 1991 (President) Ju&nA.Lop.z TO: SDRNA Member-Districts, Directors Heber PUD P.O. Box H Heber. CA92249 FROM: Bud Maddalena, Administrator/Risk Manager (619) 353-0323

(Vice President) RE: Boiler/Machinery coverages Art Holmes Safety/Claims workshops 34 Call. Sol San Clemente, CA 92672 (714) 498.1280 BOILER/MACHINERY

(Secretary) John Woolley The Boiler/Machinery program, which has previously been an ManilaCSD elective program for member-districts, will, as of August 147 Melven Road Arcata. CA 95521 1, 1991, become part of the Package Program, without (707)445-8451 additional cost to members. Thus, if you have boiler!

machinery exposure, and suffer a loss, ycu should report James W. Towns Running Springs Water the loss immediately to SDRHA, and you will recover, if the P.O. Box 2206 loss qualifies under the program SDRMA has purchased on Running Spring., CA 92382 your behalf. (714) 867-2766

Bob Rawson That's the first good news! But there's more: Cuyama CSD P.O. Box 353 Now Cu3jainaCA93254 1. If you've already paid for boiler/machinery coverage (805)766-2247 for 1991-1992, we enclose our check in the amount of Betty Harrison-Smith P.O. Box 367 $ , refunding your contribution, because Shasta, CA 96087 (916) 246-1222 you're automatically covered.

Earl F.Sayre 2. If you participated in the boiler /machinery program P.O. Box 1152 Hayfork. CA96041 in 1990-1991, you probably overpaid - because we (916) 628-5512 programmed the computer with the decimal point in the

wrong place, causing you to pay ten times the required AdministratorfRiakManager contribution. If that happened to you, we enclose our Richard K.Maddalena check for 1990-1991 overpayment, in the amount of

$_O - , and apologize for any inconvenience our error may have caused.

SAFETY/CLAIMS WORKSHOPS

And there's still more good news! Recognizing the cost of districts in Southern California sending new Designated Persons and/or Safety Officers to required Workshops in

In California: TOLL FREE NUMBER: (800) 537-7790

Elsewhere: (916) 641-2773 FAX: (916) 641-2776 0

MEMORANDUM TO MEMBERS August 4, 1991 Page 2

Northern California, and vice versa, the Board has revised its policy, so that:

1. Newly appointed Designated Persons and/or Safety Officers will have one year from date of appointment, in which to attend a required Workshop. Such persons may attend the workshop closest to them [Irvine, in February; Sacramento, in November, location to be announced, in July].

2. No "penalty" will be charged for not attending the next Workshop after appointment, but

3. Failure to attend, as required, may result in non-renewal of your District's participation in SDRMA's risk financing programs.

This policy is based on the fact that those district staff and/or Board who fill these two vital functions must be made aware of SDRMA expectations and requirements for safety and claims handling, in order for SDRMA to minimize losses and provide the lowest cost risk-financing for its members.

The changes shown above are for the period beginning July 1, 1991.

PROPERTY LOSS

Finally, we're sorry to announce that there is a change in the property loss provisions of your Package Program, effective August 1, 1991. For property losses that occur after July 31, 1991, you will recover replacement cost only if you actually replace the lost property. Otherwise, you'll recover a calculated amount generally equal to cost, less depreciation, on the lost/damaged property.

MEMORANDUM OF COVERAGES

We expect to issue the Memorandum of Coverages by about the first of October. In the meantime, you'll shortly receive your Certificate of Coverage from us, and the Declaration Pages will follow shortly thereafter.

Renewal was achieved with the loss of only two members, each of which was replaced by a new member, so our total remains 136 member-districts.

Please give us a call at 1 800 537-7790, if you have questions. Otherwise, we look forward to seeing you at the Annual Meeting in Sacramento on September 26.

101


DECLARATIONS

DISTRICT COVERED: Muir Rørh rnmmiinity Snrnir'pa fli.qtrir't

Saunlito. CA 94955

COVERAGE PERIOD: FROM AUGUST 1, 1991 TO AUGUST l 1992 at 12:01 a.m., Pacific Standard Time

Your district/agency has elected to participate in the risk financing program described below as "THE PACKAGE PROGRAM" and in- such other programs as are indicated herein. Please read the Second Amended Joint Powers Agreement and Bylaws of the Special District Risk Management Authority, or successor documents thereto, together with this Memorandum of Coverages, to ascertain your rights and obligations.

COVERAGES AND LIMITS THEREOF:

THE PACKAGE PROGRAM:

PART A: Property Loss Coverage:

Replacement cost, if replaced, but not in excess of the declared values on your application or any additions thereto or deletions therefrom during the term indicated above, subject to the terms, conditions, deductibles and exclusions as provided herein; and subject further to the tens, conditions and exclusions of the excess policies attached hereto.

PART B: General Liability Coverage:

$1,250,000 per occurrence, subject to the tens, conditions, deductibles and exclusions as provided herein, and subject further to the tens, conditions and exclusions of the excess policies attached hereto. Property damage is subject to a $500 deductible per occurrence.

PART C: Vehicle Liability Coverage:

It

$1,250,000 per occurrence, subject to the tens, conditions, deductibles and exclusions as provided herein, and subject further to the terms, conditions and exclusions of the excess policies attached hereto. Property damage is subject to a $1,000 deductible per occurrence.

PART D: Public Officials' and Employees' Errors and Omissions Coverage:

$1,250,000 per occurrence/ aggregate per member; thereafter, a limit of $250,000 per occurrence applies to each covered occurrence; both subject to the tens, conditions and exclusions as provided herein; and both subject further to the tens, conditions and exclusions of the excess policies attached hereto.

PART E: Boiler and Machinery Program:

Cost of repair or replacement, with deductibles as listed in the excess policy attached hereto; subject to the tens, conditions and exclusions of the excess policies attached hereto.

OTHER PROGRAMS:

This Memorandum of Coverages does not apply to any coverages other than those in the PACKAGE PROGRAM. Any other coverages, if any, are reflected in other documents.

OTHER PROGRAMS:

(Your district/agency participates if the item is "X"ed on the line preceding the program name.)

Vehicle Physical Damage Program (Limits, exclusions, deductibles as described in appropriate documents; in accordance with schedule attached thereto.).

NOTICE: If proper, timely notice of intent to withdraw is not given, as required by the Second Amended Joint Powers Agreement and/or the Bylaws, or successor documents thereto, your District shall be responsible for the full program year's contributions and any

2

assessments applicable thereto, for th , program year for which notice was not timely given, as well as any other assessments to which you may legally be obligated. SDRNA shall be responsible for continuing your membership, unless you are refused coverage by the excess carriers.


(1 -, Signed by: L1..4i.dML (1 1 4) Date:

Psident I M Administrator/Risk 'Manager

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Date: Tuesday, November 12, 1991

Place: Beverly Garland Hotel Sacramento

Time: 8:30 am (Registration) to 5:00 pm (The End)

Cost: No registration fee

S Free" lunch ve

Attend the next

SAFETY/CLAIMS

WORKH,j'Op 's:.:lost

:::

WATCH FOR ADDITIONAL INFORMATION

AND REGISTRATION FORMS, ABOUT 'V

SEPTEMBER 15, 1991

Ha

September 18, 1991


FROM: Henry Hyde District Water Manager

SUBJECT: ACTION ITEMS FOR SEPTEMBER 2.5, 1991 BOARD MEETING

The following action items are submitted for consideration by the Board of Directors at its September 25 meeting:

1. Approval of Water Line Intertie Project Change Order No. 2 Replacement of the hydrant at the intertie connection on Highway 1 and at the Pelican Inn. Upgraded hydrants installed in accordance with ISO fire insurance survey recommendations.

Lunny Grading & Paving has accepted the District's price of $3,220 (vs. Lunny's $5,716). I therefore recommend Board approval of Change Order No. 2 in the amount of $3,220.00.

2. Acceptance of Water Line Intertie Project and Authorization of Final Payment The subject project has been completed in accordance with the terms of the Contract with Lunny Grading & Paving, Inc. and, upon final inspection, the work is acceptable.

I therefore recommend final acceptance of the project by the District and final payment to Lunny Grading & Paving, Inc. in the amount of $2,752.00 (10% withhold amount).

3. Authorization to Purchase Water Meters Authorization is requested to purchase thirty (30) new water meters to replace existing deterioratd meters. Service meter replacement is part of the Five Year Water System Capital Improvement Program adopted by the Board in conjunction with the FY 91-92 Budget. This item is budgeted for $1,350.00 for this year.

MU!R.aD.hh

t'3

4. Investigation of Replacement Well for Main Well No. 1 The Main Well No. 1 production rate (gal/mm) dropped significantly about two weeks after the installation of the new wall pump. Upon investigation including well pumping and drawdown tests, it was determined that the well casing has deteriorated by corrosion and encrustation to the extent that the perforations are plugged thereby restricting water flow into the well. This condition causes pump cavitation, surging and air in the water. Static water level and drawdown tests confirmed this finding.

Alternatives available to correct the problem include 1) rehabilitation of the existing well casing (10 years old) or 2) replacement. Available rehabilitation methods include 1) brushing and swabbing the inside of the casing or 2) use of chemicals (acid) to remove the encrustation. Brushing and swabbing ($1,200) is not very effective and use of acid chemicals is dangerous and costly ($3,000+).

Upon discussion of the situation with the Board Chair considering operational reliability needs and the need to meet SWRCB Division of Water Rights requirements for classification of our water supply as "groundwater," it is recommended that investigation of a replacement well be initiated at this time as follows:

1. File the required Notice of Intent to construct a new well with the Department of Water Resources with a copy to the SWRCB Division of Water Rights. The purpose is to stimulate a response from Water Rights regarding new well requirements in conjunction with classification of our water supply as a "groundwater" source.

2. Establish the boundaries of the District property at the well site to determine that the new well will be at least 100 ft. from the creek and remain on District property. The 100 ft. distance is a California Department of Health Services requirement regarding classification as "groundwater."

3. Develop new well design criteria and cost estimates in order to proceed with the project upon resolution of Items 1 and Z

In the interim, a flow restricter has been installed in the discharge line of the existing well to limit the discharge to 50 gal/mm. This temporary solution appears to work and will not harm the new pump.

i RAWLIGRIDIM

ORIGINAL hi Fll,l WITH DEPARTMENT (Ii" WATER REMfl'R(:Es NO. 250701

NOTICE OF INTENT

DEPARTMENT OF WATER RESOURCES: IIL...

On or about 19_ I plan to commence drilling El. deepening El reconditioning t:i, or desk ri itt ic,ri iii C a Cal ii.' El ri's) a rv 0 or other typ.

well, For purfxvces. The work will be done In, (Proposed ow of well)

(Name of client and adclrp,x) Approximate location of well is

Liga I stih. Ii visit in or by ref rft it, to MimI' In ,icl mark

In______________________________ Cni,nt

Lu'. No (Weil driller)

(AiliIri's,I

— Ni'.',l loZ Fiirrns[") i'%I,','cI tutu,'.' ,:,r,l, 11 DWQ 2125

SlATE OF CALIFORNIA Till: )tJ:sOt'It( :1:5 AGENCY

DEPARTMENT OF %'ATI':R RESOURCES INI'ORMATION ON NOTICE 01' INTENT

l,IX:ISL,%TION

'II,, NoIu'r of ltit,'uil Ioriii has ,.,u llriltarlil le, the l).'ts:irlttn',iI IIF %';dq'r lti'.s.iiirs','s it, accortlailu,' will, legislative ,liret'ti Ill giv,'il Isv Chapter 108S. Statole.s of 1965,antc'ncIt'tl in 967 as follows:

l.1750 Every irrsn whit l,.'reali,ir intro,h t,t ill, bere. Iii doll a wilier will. III who intends to nleepeli (in r.perfiirale ni,j stir1, will. jr Ii, aliao,l,,n iw il.'.iroy a waler welt, drill File with ti,. le1uriniri,u,,noit,,'ttl Iniriti Is, 'agagi' In siti'lu et'ntir'ii'liron or reIxtir prior 11. sun' ,,,i,striwu,,i,, tic r.'çmir, srlsviihi'ul hal when such roaM rtiei Ion or repair ni ut lie anteutnIphIIw'II lnininliately it, artIer I prune ft ha mage In wrsoii. If j iriliwrl y due in the LIst of an eslsliu'g water u if pi V. SI ii, nisi iii' aim1 ilw flirt I with 'hr tiepa ri mini ii siwn :i i sscllil' it i'rr:,flt'r, htii In any event nut mire thai, five clays a it.' rt'omni,'nn'nht'O to,[ tI ti toitl;i run" issil hr fell. Ir

"TI,.' report that he macleon Form, Ftinttihe.l liv the deixarimeni and .,h,Il nanlain inch lofor,nattoti at the df'1Mrlm,nI may require, inducing, but not limited Iii (a) ,lesi'rip( kin ,f the well site nuff k'lent I) exact to permil IIKat tin intl Identilicallot, c1 lw wril; (I,) proposed dale4 c'oo,ir,urttout dif will. in') the sw' For winch for water well IS intended, (it) lii,' work in iw thin,. and a di':cri plion oil yga' • if dm51 runt tin, anti I il in even ml iau,' liii ig. the reasatus th,'n' for.

INSTRUCTIONS

Complete original and mail to I), larto irrut of Water Iii's.,, lr( 'i's clist r 'I tiff it' in whose area

the well was drilled. This is a pr.':tdtlr,'sst'd Font' ii,,I titi nislag.' slain1, is In'c'.'stmrv. lielain Iiipliai, For ytuir r.'t',ir,Is. Sluittilil VIII, ''nil ells In ustun' tIm,, ,iw art':,, 1,r,';td,ln,'sse,l Forms for these areas ,ill lx' 54'lul it rc'ipti'st.

IX

COUNTY OF MARIN

OFFICE OF THE ADMINISTRATOR

September 13, 1991

Tuoit&s F. CAMFANELL& ADMINISTRATOR

MARHN J. Nia-iois ASSISTANT ADMINISTRATOR

Hazel Melo Muir Beach CSD Box 221, Star Route Sausalito, CA 94965

Dear Ms. Melo:

Attached are the original and one copy of an agreement between Muir Beach CSD and the County of Mann.

Please provide Exhibit A (Program Description) and Exhibit B (Program Budget). We will also need an insurance certificate, reflecting the requirements noted in paragraph #12 on page 2.

Please review the agreement and have both copies signed, returning them to this office for signature by the Chairman of the Board of Supervisors. An executed copy will be returned to you for your files.

If you have any questions, please feel free to call.

Very truly yours,

Marie Anderson Executive Secretary

Attachments

Room 331, Civic Cma, &ei Rapa CAupogNiA 94903 (415) 4994358, TaECOPY (415) 499-3645

'If,

AGREEMENT

This AGREEMENT, made and entered into this day of 1991, by and between the COUNTY OF MARIN, a political

subdivision of the State of California, hereinafter referred to as "County", and MUIR BEACH CSD, hereinafter referred to as "Contractor".

W IT N ES S E T H:

In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows:

1. Contractor shall, in a satisfactory and proper manner, as determined by County, supply all necessary facilities, supplies and staff required for satisfactory performance of, and shall perform those certain services described and set forth in the Program Description attached hereto as Exhibit A and made a part hereof. Said program shall be available to any resident of Mann County who is eligible under the standards specified in Exhibit A.

2. The parties hereto agree that this Agreement shall not be construed as creating an employment or agency relationship, but that Contractor is an independent contractor, In this connection, all personnel staffing the programs enumerated ixeteAn sh21\ be empogee ol Contntot or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for employees of Contractor or its delegate agencies.

3. In consideration of Contractor operation of the aforesaid services, County agrees to pay Contractor or its delegated fiscal agent the sum of not to exceed $10,000 said sum to be payable, on demand, as follows, subject to timely receipt of required reports and compliance with insurance requirements as hereinafter provided:

Within 10 days of execution of Agreement $10,000

4. Contractor shall expend the funds in accordance with the Program Budget attached hereto as Exhibit B and made a part hereof and shall submit to County quarterly financial reports showing expenditures of the funds payable hereunder on behalf of the various programs. Contractor shall render a final accounting not later than July 15, 1992. Should Contractor's expenditure of County funds hereunder be less than the amount payable hereunder, Contractor shall return the difference to County not later than August 1, 1992.

5. Contractor agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit B received by Contractor from any governmental body or public or private organization, including the United Way, when such funds are provided for the purpose of supporting the identical program and level of service described in the attached Exhibit A. Contractor further agrees that it shall promptly report the receipt of any such funds to County.

6. Contractor shall maintain, on a current basis, complete program and financial records and accounts, to assure proper accounting of the expenditure of funds and the performance of services pertaining to this Agreement. Contractor shall retain said records for three years after the expiration or termination of this Agreement unless permission to destroy them is granted in writing by County.

Al

7. Should County wish to do so, it may undertake an independent audit and/or evaluation of Contractor's records and accounts of expenditures and program activities at its own expense, and Contractor agrees to furnish all items necessary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by law. Said audit and/or evaluation may include, but shall not be limited to, the expenditure or receipt of program funds, program quality, the number and service characteristics of Contractor's clientele, and the relationship of Contractor's services to services provided by other agencies in the community.

8. None of the services described in Exhibit A shall be subcontracted nor shall any interest in this Agreement be assigned by Contractor without the prior written consent of County.

9. Contractor shall not discriminate against anyone employed in the performance of this Agreement, or against any applicant for employment because of sex, race, creed, color, age, national origin, or handicapping condition. This requirement shall apply to, but not be limited to, the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. Contractor shall, in the performance of this Agreement, comply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments.

11. None of the funds, materials, property or services contributed by County or Contractor under this Agreement shall be used in the performance of this Agreement for any partisan political activity, to further the election or defeat of any candidate for public office, or for any religious worship, instruction or proselytization.

12. Contractor shall indemnify, defend and hold harmless the County of Mann, its officers, agents, and employees, from any and all claims, liabilities or causes of action, including contractual claims for injuries or death to persons, or damage to persons or property, arising out of or in connection with the organization, promotion or operation of any program funded pursuant to this Agreement. In this connection, Contractor agrees to maintain public liability insurance with limits of $100,000 per person and $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Mann and its officers and employees as additional insureds during the term of this Agreement. Prior to payment of any and all claims under this Agreement, Contractor shall provide County with evidence of said insurance by filing with County and keeping up to date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of "the County of Mann, its officers, agents, and employees". Said certificate shall further state the insurance policy number, the effective dates (both commencement and expiration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any material change in coverage shall be delivered to County ten (10) days in advance of the effective date of such cancellation, termination or change.

13. This Agreement, including the exhibits attached hereto and made a pant hereof, can be amended only by written agreement of the parties hereto.

14. This Agreement shall continue from July 1, 1991 to June 30, 1992, unless earlier terminated as hereinafter provided. Either party hereto shall have the right to terminate this Agreement at any time upon giving the other party hereto at least thirty (30) days' written notice prior to the effective date of such termination. In the event of termination, then County's obligation to Contractor hereunder shall terminate forthwith, and Contractor will no longer be obligated to operate said programs, with the exception that Contractor will still be obligated to provide and/or maintain the reports and audits provided for in Sections 4, 6, and 7.

II K

15. Without prejudice to the foregoing, Contractor agrees that if, prior to termination or expiration of this Agreement, it is determined by County, upon any final or interim audit by County, that Contractor shall have failed in any way to comply with any requirements of this Agreement, then Contractor shall forthwith bring itself into compliance and shall pay to County forthwith whatever sums are so disclosed to be due to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to Contractor pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, Contractor shall pay to County forthwith whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and Contractor arising out of this Agreement, the prevailing party shall be entitled to recover its attorney's fees from the other party in such an amount as may be fixed by the court.

16. This Agreement shall not be assigned without the prior approval of the Board of Supervisors of the County of Main.

17. Notice under this Agreement shall be delivered to County in care of:

Board of Supervisors Room 315, Civic Center San Rafael, CA 94903

and to Contractor at:

Box 221, Star Route Sausalito, CA 94965

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

COUNTY OF MARIN

By Chairman of the Board of Supervisors

ATTEST:

Clerk

MUIR BEACH CSD

&neNcr

119

II - (1)6ikL}J OJOrJI) JWC i cN QjjJIRAc o.

j -jisTs A5 WATER SYSTEM SCHEDULE OF IlWRQVtfls

"riority Project/ Estimated Completion service Group Priority Cost (1988) Schedule Area

A. Supply Improvements $ 23,300 1989 All

B. Tire flow Improvements IKCWOIK)6 ASSDcIa41ED VALVC IMSTRLLATIOJJS, SuQue,AbD eAs€rnetSV COSTS 1HYDRAMI UP6RADES&cwGlMNc cog

D-2: 330' -6"/PRV 36,700 1990 Pelican Inn, (Hwy 1 & Frank Valley) pacific Way

D-5: 500' -4" 42,500 1991 sunset Way (Charlotte's Way-Sunset)

D-4: 250' "4" 13,800 1992 Sunset Way- (Sunset-pacific) pacific Way

Subtotal B C13Tho

C. Distribution Improvements D3: 190' 6"/PRV 29,200 1993 sunset Way (Hwy 1 & Sunset)

D7: 370' -4" 22,100 1994 4 Lots (Starbuck Ext.)

D6: 300' -i" 14 8500 1995 4 Lots (Cove Ln.)

Subtotal C Uiiio

D. High Zone Reservoir S 233.800

2000 (1) All Replacement

Total Cost

Lsaata° (1988 Dollars)

(1) The high zone reservoir replacement may be completed sooner depending upon outside financing (e.g. grants).

129

To: MBcSD Directors Fran: Gordon 9/17/91

Re: Water Policies 9/25/91 Amendments

Hazel recently told tie that our current policies do not include her billing practice for property owners with multiple legal units serviced by a single meter. According to the Assessors records, there are only three such properties in the District, each with two units: Kaplan, Elliot. and Laatsch. Hazel has apparently been billing the meters an extra $10 per month flat rate charge. I would recommend that Hazel's policy be continued and the Water Procedures arrnended by adding to the Paragraph on Rates:

11* For Properties with 2 units (per Assessors Role) on one meter, the flat base rate shall be multiplied by the number of units; e.g. Flat Bass Rate for 2 units on one meter is $20 Monthly and $40 81-t4znthly.'

Henry also indicated his recommendation that we adopt language to permit some procedure such as a property lien as a last resort to collect unpaid water bills. Subject to modification per the direction of County Counsel, I would recommend adding the following language to the Late Payment Paragraph:

Water bills unpaid by the tenant are the responsibility of the property owners, so the Disconnection Notice shall be sent to both the Tenant and the Owner. Past LXje Bills still unpaid 10 days after disconnection will incur a $50 Disconnection Fee and begin to accrue the maximum amount of interest allowable by law. In addition, collection costs and attorney fees needed to collect the past due bill will be added to the unpaid balance and may result in a lien being placed on the property."

)2.t

19h-


Box 221 .STAR ROLTE •SAI'SALITO. CALIFORNIA •96S

WLiHI) OF DIHECTUflS

September 17, 1991

Alexis McBride, County Counsel Civic Center Suite 342 San Rafael, CA 94903

Dear Ms. McBride:

As we discussed, our District wishes, as a last resort, to have the option to collect unpaid water bills by means of a lien on the property serviced. What are the legal limits on penalties and interest on unpaid water bills?

Does the District have the authority to impose penalties, interest and property liens? If not, is it possible for us to acquire the authority? What steps would we need to take to acquire it?

Once having the authority, what are the specific steps we would need to take to properly exercise it?

Would small claims court be a better alternative than a lien?

We currently have one case where collection has been impossible. Can penalties and interest be imposed retroactively, or only from date of policy adoption? Can a lien be filed to collect this old bill, or would this authority apply only to bills unpaid after the date the authority was adopted.

As usual, we would-like this information at your earliest convenience.

Sincerely.

Av~~

Gordon Bennett, MBCSD Chair

/21

MUIR BEACH C.S.D. WATER DEPARTMENT STATUS REPORT: August, 1991

WATER SYSTEM OPERATION

The water system basic operation services performed during the month of August, 1991 includes:


Water production for the month of August was 41,500 gpd or about 15% higher than the annual average of 36,000 gallons/day.

1. Volume of water produced: 1,409,200 gallons 2. Average daily production: 41,500 gallons/day 3. Maximum day production: 65,800 gallons/day 4. Volume of water used (metered): 1,008,805 gallons 5. Unaccounted for volume: 400,395 gallons (28% of production)

NOTE: Water levels in the wells are about 1 ft. below maximum level.

SUPPORT ACTIVITIES



2. Obtained monthly bacteriological samples and delivered to Brelje and Race Laboratories for analysis. Results were sent to the County Health Department. NOTE: North Mann Water District no longer performs analyses for outside agencies. Several West Mann agencies have grouped together to have Brelje and Race Laboratories in Santa Rosa perform the analyses.

3. Flush selected fire hydrants in accordance with line cleaning schedule.

EMERGENCY REPAIRS

None to report.

MWRD.hh

113


1. Installation of new main Well No. 1 pump on August 16.


V

1. New Well Pump and Installation (Forester) 2. North Mann Water District Laboratory Services 3. Miscellaneous O&M supplies and materials

Approximate Expenditures

$5,797.65 20.40

181.95

IrCIXCI]

Res ctfully submitted,

4e Henry Hyde & Associates

District Water Manager

'4

LZ

6. MUIR BEACH COMMUNITY SERVICES DISTRICT

BOX 221 • STAR ROUTE • SAL!SALITCA CALIFORNIA • 04965

MaiNS) tw INHECT(NtS

I

JOB OPENING

JOB OPENING

JOB OPENING

MAINTENANCE MANAGER (ASSISTANT)

Muir Beach Community Services District invites applications for this PART-TIME POSITION (approximately 10 hours per week).

OPEN IMMEDIATELY. $12 PER HOUR.

SKILLS: Good oral and written communication, maintain good community relations, ability to work both independently and under the supervision of the District's Manager, have general knowledge of and willingness to work at plumbing, carpentry, electrical, mechanical and manual labor.

RESPONSIBILITIES: will include helping maintain our water supply system, maintaining our roads and buildings, and other misc duties.

Send Application/Resume to: District Secretary MBCSD Box 221 Star Route Muir Beach CA 94965

APPLICATIONS MUST BE RECEIVED BY OCTOBER 3, 1991.

p.o. Box "age SACRAMENTO 94296-0001

To: Local Officials and Interested Parties

Subject: Announcement of 1991-92 Land and Water Conservation Fund Program

This letter is to announce the next application period for the 1991/92 grant program under the Land and Water Conservation Fund (LWCF).

We are moving up the date for LWCF applications so that we may advise Congress during their budget deliberations as to those high priority projects that could be funded if adequate stateside funding is provided in the LWCF program. As you are aware, the annual appropriation to the stateside portion of the LWCF program has been diminishing. The purpose of this early selection of potential projects will allow both the State and the affected local agencies to become more proactive in advising Congress of the importance of this funding program.

Applicants are urged to carefully review the program criteria, and discuss potential projects with the program project officers, before selecting park projects or preparing applications. In recent years, only projects which reflect the highest priorities identified in the program's criteria have received funding.

This year's deadline for filing LWCF grant applications has been set for December 20, 1991. Applications must be postmarked no later than this date. Applications postmarked after the deadline, or which are not technically complete by the time projects are selected by the State for funding, will not be eligible for the 1991/92 program. Applications which are technically complete by this date will have a better chance to receive funding. The most common omission in applications is proof of compliance with the California Environmental Quality Act (CEQA). With less than four months to prepare your application, you are encouraged to proceed with the environmental review process early for the project you feel is most competitive.

A procedural guide, with the required application forms, is available from the Local Assistance Section at the above address. You may call directly at (916) 653-7423.

Sincerely,

enry . A rnia Director

At,

ott'..

STATE OF CALFomlA - RESOURCES AGENCY PETE WTLSQI. Gantnoc'

P.O. Box 942898 SACRAMENTO 942960001

August 1, 1991

Dear Giant Recipient:

The phone numbers for the Local Assistance Section will change effective September 16 ("crossed fingers"). Enclosed is a list of the Section members with their new phone numbers and areas of assignment.

There will be a referral only on the old general office number [(916) 445-4441 to (916) 653-7423]. Therefore, if you call project officers on their old direct dial numbers, you will not be referred to their new numbers.

I apologize for any inconvenience this may cause, Please bear with us during this time of change. If you have questions, please call your project ff oicer, -

Sincerely,

Odel T. King, Jr., Manage( Local Assistance Section

Enclosure

DPR LOCAL ASS1jTAPCE SECTION/PROJECT OFFICER AREA ASSICM'ENTS

yCOUNTIES FEDERAL GRANTS STATE GRANTS

- 1 A1.msda Keith Steinhart Donna Radiqo

7. Cont;a Costa Keith Ste inhart Donna Radigonda

16

39. San Joaquin Ke].tfl bte].nnart ney

- 4b.--§—an Luis Obispo Heather Fargo Thelma Johnson

43

57. 1

Eli

ASSIGNMENT OF CITIES IN LOS ANGELE!z COUNTY STATE GRANTS PROJECT 1.

Shirley WilId-Waciner *

County of Los Angeles Agoura Hills Artesia Avalon Bellflower Beverly Hills Carson Cerritos Compton Culver City Downey

El Segundo Gardena Hawaiian Gardens Hawthorne Hermosa Beach Hidden Hills Inglewood Lakewood Lawndale Lomita Long Beach

Lynwood Manhattan Beach Miralist RPD Norwalk Palos Verdes

Estates Paramount Point Dume RPD Rancho Palos

Verdes Redondo Beach

Rolling Hills Rolling Hills Estate Santa Clarita Santa Monica Signal Hill South Gate Torrance West Hollywood Westfield RPD Westlake Village Vernon

Steve Kahn

City of Los Angeles Alhambra Arcadia Azusa Baldwin Park Bell Bell Gardens Bradbury Burbank Claremont Commerce Covina

Cudahy Diamond Bar Duane El Monte Glendale Glendora Huntington Park Industry Irwindale La Canada-

Flintridge La Habra Heights

La Mirada La Puente Lancaster La Verne Máywood Monrovia Montebello Monterey Park Palmdale Pasadena• Pico Rivera Pomona

Rosemead San Dimas San Fernando San Gabriel San Marino Santa Fe Springs Sierra Madre South El Monte South Pasadena Temple City Walnut Whittier West Covina

Ettinger, Betty 653-8776 Fargo, Heather 653-8819 Haug, Wayne 653-8875 Johnson, Thelma 653-9071 Jones, Barry 653-5097

Phone Numbers (916)

Kahn, Steve Radigonda, Donna Steinhart, Keith Willd-Wagner, Shirley Williams, Cheryl

654-0734 653-8785 653-8893 653-8855 653-9069

Mike Mullen, Land Agent (Acquisition Specialist) Richard Barton, Engineer (Development Specialist) FAX General Office Number Odel T. King, Section Manager Doug Ralston, Supervisor Ken Martin, Supervisor

653-8744 653-9870 653-4510 or 653-9824 653-7423 653-8758 653-8394 653-8837

7/11/91

P-'1

MUR BEACH COMMUNITY CENTER STATUS REPORT SPECIAL MEETING • 8/26/91

PRESENT: Nancy Knox, Russ Munsell, Kathy Sward, Judith Yamamoto Guests: Leslie Riehl, Maureen Ketchum

HEALTH & SAFETY: After discussion with Leslie Riehi and Maureen Ketchum the CCC agreed that the play structure must be closed due to lack of sufficient padding. Three recommendations were made:

1. Dismantle the structure.

2. Until it is dismantled, immediately post it with a sign saying "Play Structure Is Closed", and date the sign.

3. The CCC will notify parents by phone that the play structure is unsafe.

IMPROVEMENTS:

A. Children's Playground: CCC met with Leslie R. and Maureen K. to discuss questions that came up at the 8/12/91 regular CCC meeting. Answers/recommendations follow:

1. Q: What is the "living wall" in Alternative C (and is it being funded in Alternative E)? A: It consists of about 5' of stepped up levels (about 5 levels), planted with bushes and low plants. The budget item of $3000 for miscellaneous materials is for the living wall.

2. Q. Why is no amount for grading/leveling included in Alternative E? A. Because no amount will be spent -- this will be 100010 volunteer labor.

3. Q. What are the assumptions on which volunteer labor is based? A. Parents' Group is rounding it all up. The budget item for miscellaneous labor ($1000) is earmarked for professional costs/plans.

4. The Committee recommended that the drawings include all aspects of improvements for the lower yard and building, even though the work will be implemented in separate phases (8/12191). At this meeting (8/26/91) it was decided that more discussion would be required before such a master plan could be completed. The Committee ascertained that changes in the placement of wheelchair ramps and/or size of community center decks will not affect the playground component. Since speed is of the essence, the playground component should be undertaken before completing the lower yardfbuilding master plan. These preliminary recommendations/observations for future planning were made:

a. Re-routing the wheelchair ramps will provide more additional deck space for the community center. The Committee recommends it-routing.

b. The community office extension presents the biggest designing problem.

c. The BBQ area in the lower yard will be eliminated because of grading/ leveling. A new BBQ area has been drawn in the plans. Since

156

I

2

it is part of the deck extension, it may take some time before it is built. In the meantime, a temporary BBQ could be installed.

d. A recycling area has been drawn in the plans (under the Children's Room deck).

e. Location of a tool shed has not been included in plans. The Committee feels that the recycling area and BBQ area may be rearranged in future plans. The tool shed may be sited at the north end of the building.

OFFICE RENOVATION COST ESTIMATE • 8/28/91

Cabinet Enclosure

Wiring, bi-fold doors, shelves, $2500.00 lighting, etc. Furnishings 231.30

Total $273130

Fan

Wiring, labor $ 200.00 Fan 100.00

Total $300.00

Front Wall Renovation, including venting $1500.00 - $2000.00

Sink removal

Total Cost of Office Renovation $4531 - $5031

131

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"1 TP6Ci6t NOEEt4. - 3OxO Desk .................................. 99. I MobI18Typing Return .........................59.

1 flR obiIe File Pedestal ..........................99. F BONUS:BuyailthreepiecesandsavelU%

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BOX 266, STAR RI I SAUSALITO. CA 94965

415 388 2052 or SHEETS

152

MUIR BEACH COMMUNITY CENTER COMMITTEE STATUS REPORT. 9/18/91

PRESENT: Russ Munsell, Kathy Sward, Judith Yamamoto

TREASURERS REPORT:

Action Item: Roll-over of 1990-91 Walkathon funds.

COPIER:

1. Judith made the following recommendations re: updating Copier Monthly Bookkeeping log:

a. Add a column for expenses.

b. Combine all CSD expenses in one column, (one file folder, and one copier card).

2. Judith will send out to copier users the 8/12/91 letter and questionnaire re: shared use of office by copier users and CSD staff.

MAINTENANCE:

1. floor maintenance (#2096: $300 budgeted). Kathy will schedule floor cleaning and maintenance.

IMPROVEMENTS:

1. Window insulation (CSD #4045: $1500): Judith will inform CSD Chairman Bennett that we are ready to start job. Kathy will call Window Accents and cancel blinds for storeroom ($1420-$205 = $1215). Savings will cover cost of floor insulation not provided for in CDBG funding ($225) -- see #4. below.

2. Vented mezzanine skylight (CDBG: $770): Kathy will call Glass & Sash to verify price and start job: Judith will inform CSD Chairman Bennett.

3. Two low-e skylights for main room (CDBG: $3005): Kathy will contact Mike Moore and get job contract divided in two parts, each of which is less than $2000.

4. floor insulation (CDBG: $225. CSD: $225, from #4045,$285 remaining from window insulation cost). This project will be done only after window insulation has been completed and funds are verified.

5. Office:

A. Kathy contacted three contractors and was unable to obtain more bids for office remodel. She will continue search.

B. Re: venting of copier Judith contacted Mann County Environmental Health, Household Hazardous Waste Hotline, Office of Waste Management, and Kaiser Hospital in a frustrating attempt to obtain information and/or the phone number of a local environmental sensitivity group. No information was forthcoming from any of the above organizations. Judith will continue search. Meanwhile, the cost of installing a small window above the copier to provide cross-ventilation will be added to office remodeling bid.

6. Porch overhangs: One bid has been received so far, from T&G Construction, for $2356

133

MUIR BEACH COMMUNITY CENTER STATUS REPORT SPECIAL - MEETING • 9/4/91

PRESENT: Nancy Knox, Russ Munsell, Kathy Sward, Judith Yamamoto

CCC PROCEDURES: The CCC called this meeting to discuss the action of the CSD Board at its 8/28/91 meeting, in which it approved changing the CCC account to a CSD account and transferring management of the (renamed) checkbook from the Community Center Committee to the CSD District Secretary.

1. The basic reason for participation in the CCC is service to the community. Although recent actions by the CSD Board make the work of the CCC more difficult, members will continue to serve as an interim committee until a general manager is hired.

2. Nancy Knox will assist Hazel Melo, the District Secretary, with the management of the CSD/Community Center checkbook.

TREASURER'S REPORT: Nancy Knox reported that she cannot find the rolled-over Walkathon funds from last year in the CSD budget. Judith will ask Gordon Bennett, CSD chair, if they were rolled over.

IMPROVEMENTS:

1. Office

A. Judith reported on conversation she had with Discovery Office Systems technician re: venting copier. He did not know how to do this; no venting device exists. He said that the exhaust coming out of the copier is not toxic; it is air brought into the machine to cool the drum and the copier light and is not hot enough when it exits to release toxic fumes. Judith will check further with an environmental sensitivity clearing house.

B. Kathy will get two more bids.

HOT TOT LOT: Ben Herwitz, 22 months, plays at Eastwood Park, oblivious to the fact the Tam Valley playground has become an adult battleground

I

I

Tuesday, September 17, 1991

Planners swing toward playground Tam Valley park gets tentative OK By Brad Breithaupt Independent Journal reporter % I a

In what has become sort of at est in a tot lot, the Marin County Plann gom-

nay to p play structure that was erected last year in Tamalpais Valley's Eastwood Park.

Commissioners, meeting in their Civic Center board, room, endorsed the play-ground, but reserved formal approval until November in hopes that some improve-ments could be made that would make the Eastwood Way park more acceptable to its critics.

The large play structure, complete with a variety of slides and swings, has triggered an eniolional community battle between neighbors who argue the improvement is an vv rdt ii addition and those who complain

that it clashes with what was ''an open space park."

The $60,000 state and locally financed play structure was built by the Tamalpais Community Services District without the county's architectural approval. The fight to get the county's retroactive approval has spawned more than 129 letters and peti-tions signed by more than 800 neighbors. That outpouring of opinion rivals even the largest developments that wind their way through the county planning process.

Commissioner Ronald Marinoff said that before he saw the play structure for himself, the fury of criticism of it made him think

that it was as big as Primate Island at the San Francisco Zoo.

He and other commissioners rejected some neighbors' requests that the structure be either reduced in size, moved to another spot in the park or to another park.

"I think it's a real addition to the commu-nity," said Commissioner Barbara Garfien.

Many neighbors, new and old, stood up

for the play structure. Roberta Ricketts, a 38-year resident of

the area, told of her husband, who spear-headed the creation of the park. She said the play structure is needed and is part of the park's evolution.

"When my children were growing up there was no place to go," she said. Today, she enjoys the park with her grandson.

Steve Levine, a new resident, told com-missioners that he bought the house across the street from the park because he wanted to live near the play structure.

Another neighbor showed the commis-sion a videotape of children joyously swing-ing and sliding on the structure. It ended with an elfish toddler smiling into the cam-era and telling the commission: "1 love it. Please don't take it away."

"I think this play structure really meets aT need in the community," resident Marilyn Filbrun said. "We need to encourage posi-tive, constructive outlets for our children."

But Levine's next-door neighbor, Karen Walter, said the play structure clashes with the wide-open, natural park setting that made Eastwood Park special. She and other neighbors said they were misled by the dis-trict. They said they supported construc-tion of a small tot lot built at the park, not the large play structure that the district. built.

"It would have been great. Children don't need a monstrosity of a structure," said Marilyn Koschalk, who lives near the park.

Some neighbors questioned if the com-mission would have approved the structure as it stands today if they had reviewed it be-fore it was built.

Several commissioners criticized district officials for failing to meet with neighbors before building the structure and said that numerous notices of district meetings and newsletters obviously were not enough.

Commissioners held back on fully ap-proving the structure until Nov. 4 to give the district time to meet with neighbors and discuss possible improvements, such as paving the park's parking lot or setting group reservation hours.

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Aur e 26, 1991

Judith Yamamoto Muir Beach, #221 Sausalito, CA 94965

Dear Judith:

Thank you for contacting me regarding Proposition 98 and funding for our schools. I appreciate hearing from you and apologize for the delay in responding.

Let me assure you that education is always one of my top priorities. Please know that I have supported all past efforts to fulfill the mandate set forth by Proposition 98. I intend to continue this support to the maximum extent possible.

As you may know, during last year's budget crisis I supported the full 4.88 percent cost-of-living adjustment instead of the three percent proposed by the administration. Moreover, I voted in the past against suspending Proposition 98 to balance the state budget.

Again this year I voted to support Prop. 98. In these difficult times we can not afford to sacrifice our children's, and our future to solve our budget problems.

We must channel more of our tax dollars to public education while continuing needed reform efforts. For example, I am working with the Legislature and the Governor to maximize the COLA for education, even above what has been suggested by the Administration.

This session we were faced with a staggering $14.3 billion deficit. Over 90 percent of the state budget is locked into statutory mandates and formulas, leaving us with little flexibility to allocate funds to meet today's needs and priorities, unless the legislature removes these mandates.

ri': r Red L ti' P31p

I

A first option must be structural reforms in the budget process. Some of these include eliminating the Little Davis-Bacon Act "prevailing wage" formula, which increase school construction costs unnecessarily by over $300 million annually.

Another must be to contract out more of our state services wherever it is more cost-effective. This would save taxpayes a minimum of another $300 million.

Furthermore, public pension plans should be comparable to those in the private sector. This could save half of the $5 billion in annual costs.

Finally, we must equalize our school funding formulas that penalize many school districts such as those in Mann and Sonoma. It is grossly unfair that students in large, urban Los Angeles school districts receive almost twice as much per student for the same programs such as Gifted and Talented Education, English as a Second Language, and Special Education.

Structural reforms in.our budget process are long overdue. They are crucial so that individual groups such as schoolchildren, elderly persons, and the poor in need of medical care are not held solely responsible for solving the fiscal problems of our state.

Above all else, I believe that it is-important to continue to improve the quality of education in our state. I am encouraged by new ideas proposed thus far by Governor Wilson, which include prevention and education measures such as the Head Start and volunteer mentor programs for our schools.

Just continuing mediocrity in our schools is not good enough for our children!

Thank you again for contacting me. Please do not hesitate to reach me in the future on this subject or any other issue addressed by the California State Assembly.

Sincerey,

/3 VJ BILL FILAKXt, M.D.

BF/bcb

1-57



OCTOBER 16, 1991



2. Approval of Agenda a) It was requested that the order of the Agenda be changed as follows: 1. Community

Center Report. 2. General Manager Job Description.. 3. Employee or Independent Contractor?. 4. Safety Recommendations S. Shaffer made the motion to approve the agenda as amended; E. Pinto seconds; ayes all.

3. Community Center Report a) G. Bennett had concerns it: liability for Special Events stating that the CSD liability

insurance does not cover events sponsored by the CSD in which alcohol is available. After much discussion, it was decided that the Halloween Party/"Messengers from the Heart" would be a non-alcohol event, and that people could "Bring Your Own Bottle." S. Shaffer made the motion that the CSD agrees to co-sponsor the Halloween Party with Messengers from the Heart provided that no alcoholic beverages are furnished by either the CSD or Messengers from the Heart. J. Yamamoto seconds; ayes all.

b) S. Shaffer requested that a policy be established for events using co-sponsorship with the MBCSD, and that there be Board approval for these events. This will be an agenda item for another meeting.

4. General Manager Job Description a) Discussion followed and changes were made to the job description. C. Bennett will

ask the retired Novato City Manager to review the job description after the changes are made. The Board commended Leslie Riehi for doing a great job on the outline for the description.

S. Agenda items Safety Recommendations and Employee or Independent Contractor will be added to he the October 30 agenda.


Ltspe

ctfull Submitted,

- (&4 GkmjM: Fib Linda Moore, Recording Secretary Gordon Bennett, Chair>,

211


BOX 221 •STAI-i ROUTE •SALSALJTO. CALIFORNIA .04965

W)ANJ)(IFSNftflir$tc 6€/

Regular Meeting of the Muir Beach Community Services District Board Community Center, 19 Seacape, Muir Beach. Wednesday, October 30, 8:00 pm

Directors: Gordon Bennett, Chair; Judith Yamamoto, Steve Shaffer, Erin Pinto one vacancy.

AGENDA

1. Call to Order


3. Approval of Prior Minutes: September 25, 1991

4. Bills & Budget I Approval of Current Bills. Ac/Ion: Ca/ifornX& Spec/al asb7d Asscr/aYc- Ma/a Vehicle 1/Ye Baid

S. Roads and Easements Report

6. Fire Department Act/ott Cbnun9edBwntg/M lain

7. G &A Procedures. Act/on: Ap4w/n/rnent

8. Safety/ Insurance Report. Ac//mv Iniwance Knthqnt J)/tes J'u4' EmployEe or independent annct'r

9. Water Department Report. Adllon:RangnrHouse Water

W. Community Center Report. Action: Roll-over of Walkathon funds; Playground

11. Community Interest Report

ii'. SiaAitn±,II 'Nert CS/i Meeting

13. Emergency Items Nnznber27fl9I, ZWpn

14. ft4m

The above regular meeting will be preceded by a dosed (non-public) meeting of the Muir Beach Community services District Board at the Community Center. Wednesday, October 30, 1991 from 711) pm to 8:(I) pin Directors: Gordon Bennett; Chair,Judith Yamamoto, Steve Shaffer, Erin Pinto one vacancy.

1. Call to Order 2. Approval of Agenda 3. Interview and consider Appointment of the District's MM. Maintenance Manager. 4. Review the advice of County Counsel and Insurance claims on the District.

MINUTES - REGULAR MEETING OF


SEPTEMBER 259 1991



2. Approval of Agenda a) The motion was made to approve the agenda. Ayes all.

3. Muir Woods District Ranger a) District Ranger Glenn Fuller stated that the GGNRA has realigned the boundaries

of Muir Woods in order to keep in alignment with the watershed area - Muir Beach is now under Muir Woods jurisdiction

b) A prescribed fire of five acres is scheduled for the end of October. c) Redwood Creek Fun Day is scheduled for December 7 -an information exchange day

concerned with education, communication, etc. re: Redwood Creek. d) On October 20 the Habitat Restoration Team will be pulling capeweed above the Zen

Center. e) Concerns from the audience re: parking along the edge of the road from Muir Woods

into Frank Valley and its impact upon Redwood Creek; parking to the beach; Big Lagoon restoration; watershed management plan and water rights. Ranger Fuller stated that he is happy to work with Muir Beach community on these issues.

4. Approval of Prior Minutes: August 28, 1991 a) Roads and Easements: 9a. delete - "...he is waiting for a bid to finish the job)' b) Approval of Current Bills: 4a. add - "This bill does not set a precedent for paying

bills which are submitted by community members without prior approval by board." c) Fire Dept.: lOc. add - "...contact the County Fire Department." d) S. Shaffer made the motion to adopt the minutes as amended. E. Pinto seconds;

ayes all.

Approval of Special Meeting, August 28: Playground Minutes. a) Adjournment- change 8:00 am to pm. b) the motion was made to approve the minutes; ayes all.

S. Approval of Current Bills a) J. Yamamoto made the motion to approve the bills; E. Pinto seconds, ayes

6. Fire Department a) Rob Allen was unable to attend the meeting. All reports are contained in

ill

3

'4

7. G & A Procedures a) G. Bennett suggested sending as many people as possible to the October 31 Special

District Seminar. After some discussion, S. Shaffer made the motion that the number people allowed to attend the seminar on October 31 in Novato not exceed six. E. Pinto seconds; ayes all.

b) G. Bennett stated he will set-up a meeting to speak with the retired city manager of Novato.

8. Safety/Insurance Report a) S. Shaffer reported that Regan has not been available; thus the play structure did not

get dismantled. Steve stated that if the structure was not down by October 5, he will bring someone else in to dismantle.

b) H. Hyde will write a report it: the storage of chlorine and who he spoke with about the matter.

c) G. Bennett reported on the Safety Workshop he attended in August: 1) concerns re: staff being independent contractors or employees. Gordon stated that it is important at the meeting discussing the General Manager to at that time make the determination as to the status of staff. 2) Re: new safety standards bill - postponed to the employee meeting. 3) "Safety and Health Protection On the Job" poster will be posted in the shed. 4) Hazel stated that she sends to the County, State and SDRMA the Roster of Public Agencies every time there are changes. 5) G.Bennett stated that volunteers, employees and directors driving their own cars on CSD business need to have on file a driver's record and proof of insurance. This information will go to Hazel (Box 221), and the Recording Secretary will then be responsible for keeping and maintaining these records.

d) Re: Education Day and Safety/Claims workshops in Sacramento in November - to be on October agenda.

9. Water Department a) E. Pinto made to motion to approve the Lunny Grading & Paving Change Order

No. 2 in the amount of $3,220. S. Shaffer seconds; ayes all. b) J. Yamamoto made the motion that (1) the District accept the Water Line Intertie

Project; and (2) make the final payment in the amount of $2,752.00. S. Shaffer seconds; ayes all.

c) Re: authorization to purchase new water meters it was agreed by consensus that because these items are budgeted and are under $3,000, there is is no need to re-authorize.

d) After much discussion re: investigation of a replacement well - S. Shaffer made the motion that H. Hyde (1) be allowed to pursue location of boundaries of the property; and (2) possible relocation of the well and any repair costs not to exceed $3,100; and (3) to file the required notice of intent to drill. J. Yamamoto seconds; ayes all.

e) Re: agreement between Muir Beach and the County of Mann for $10,000 for water system improvements: J. Yamamoto made the motion authorizing Gordon to sign the agreement; S. Shaffer seconds; ayes all. Discussion followed it: billing practice for multiple legal units:. S. Shaffer made the motion to approve the Water Procedures by an amendment to the paragraph on rates to read: "For Properties with 2 units (per Assessors Roll) on one meter, the/Tat base rate shall be multiplied by the number of units; e.g. Flat Base Rate for 2 units on one meter is $20 monthly and $40 bi-monthly." Judith seconds, ayes all.

g) Discussion followed it: collection of unpaid water bills. S. Shaffer made the motion to add the following paragraph to the Late Payment Paragraph in the Water Procedures: 'Water bills unpaid by the tenant are the responsibility of the property owners, so the Disconnection Notice shall be sent to both the Tenant and the Owner. Past Due Bills still unpaid 10 days after disconnection will incur a $50 Disconnection Penalty and begin to accrue the maximum amount of interest allowable by law. In addition, collection costs and atto rney fees needed to collect the past due bill will be added to the unpaid balance and may result in a lien being placed on the property." J. Yamamoto seconds; ayes all.

4

10. Community Center Report a) After some discussion it: the office - S. Shaffer made the motion to award the

building of the office in the Community Center to Mike Moore providing he provides the CSD with a time and materials actual cost not to exceed $2500. E. Pinto seconds; ayes all. S. Shaffer made the motion that the funding is divided up as follows: $2500 be removed from Account 4042 and $231.30 come out of Account 4093 for furnishings. Judith seconds; ayes all.

b) Judith reported that improvements for the office were in action. c) Re: roll-over funds from the Walkathon ($402)- it was decided that the next

Community Center meeting would decide where it should be allocated. d) Re: the playground - Leslie Riehl reported that approximately $5,000 has been

collected from parent contributions; other solicitation includes: letters going to community members, bake sale, and going to big businesses in Mill Valley. Leslie stated that she would like to start a work party on November 1. G. Bennett summarized that the cost estimate of $17,000 and the availability of volunteer labor appears to be firming up; commitments for approximately $14,500 cash, and a reasonable expectation of receiving $2500 soon. Leslie agreed.

e) S. Shaffer made the motion for a Special Meeting to be scheduled on October 16 at 8:00 pm to discuss the Playground, General Manager review, safety recommendations, employee vs. independent contractor. A closed meeting will be scheduled at 7:00 to conduct interviews for Assistant Maintenance Manager. Judith seconds; ayes all.

11. Roads and Easements Report a) S. Shaffer stated he has no report this month.

12. Community Interest Reports a) J. Yamamoto reminded the Chair to write a letter of clarification to the Mann

Conservation Corps, stating that the rental of the recycling is a "space", not a "program." Gordon stated that he is working on getting curbside pick-up integrated with the County plan, and he will hold-off on writing the letter.

13. Announcements a) Erin thanked Judith for her delicious goodies. b) There is a need for a new Bistro Manager.




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(=Amw otm California Special Districts

Association

975 LStreet Suite /000

Sacramento, CA 958)4

9 16.442-7887

October 1991

Dear CSDA Member:

Thank you for your continued support of the California Special Districts Association. CSDA is in the midst of completing our 23rd year. We can all took back with pride . and ahead with great anticipation.

Enclosed please find the invoice for your district's 1992 dues. As you know, your dues are based on the State Controller's publication, Financial Transactions Concerning Special Districts. If your budget has changed significantly, and your dues should be higher or lower than the amount shown on your invoice, please contact the CSDA office for an appropriate adjustment. The dues structure for 1992 remains the same as 1991.

We encourage you to increase your contact with CSDA as well as step-up your participation in CSDA programs. Programs such as CSDA's education seminars, grassroots lobbying network, insurance coverage and annual conference can greatly benefit from your district's participation. This association was formed for the benefit of independent special districts, and we want to respond to your needs as well as possible. Your participation and communication will aid us tremendously in reaching our goals.

On behalf of the Board of Directors and staff, I want to again thank you for your continued support of the Association. Your dues help to fund important programs and services. Remember, we are here to serve you and if you have any questions, please contact me or Catherine Smith (916) 442-7887. I look forward to working with you in 192!

Mon sincerely,

'Dav6id GNagler Executive Director

Executive Director David Nagler

Member Services Director Catherine Smith

Special Events Director Karen Roberts

Legislative Advocate Ralph Helm 916.442-4384

Wa

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October 7, 1991

MUIR BEACH C.S.D. STAR RT. BOX 221 SAUSALITO, CA 94965

California Special Districts

Association

975 LStreet Suite 7000

Sacramento, CA 95814

976.442-7/387

Below is the statement for your 1992 California Special Districts Association membership renewal fee. If your district would like to renew its membership in the California Special Districts Association, please remit payment no later than December 14, 1991.

Item Amount

1992 Annual Membership Dues: $100.00 (Complete 1992 dues structure shown on reverse side of invoice)

PLEASE RETURN WITH YOUR PAYMENT. THANK YOU.

District Amount Enclosed $

City State____ Zip Phone

Please make check payable to the California Special Districts Association and remit your 1992 dues payment to:

915 "L" Street, Suite 1000 Sacramento, CA 95814

Thank you.

Executive Director David Nagler

Member Services Director Catherine Smith

Special Events Director Karen Roberts

Legislative Advocate Ralph Heim 976.442-4584

MOUSE • ammm om Z.

,_•• SPECIAL DISTRICT RISK b • -. •

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MANAGEMENT AUTHORITY n.

SORMA 2400 Venture Oaks Way Suite 460


October 18, 1991

Mr. Gordon Bennett Muir Beach Community Services District Star Route, Box 221 Muir Beach, CA 94965

ADDITIONAL CONTRIBUTION

Motor vehicle title bond, purchased on your behalf from A. J. Gallagher & Co.

See statement attached $ 150

In California: TOLL FREE NUMBER: (800) 537.7790 Elsewhere: (916) 641-2773 FAX (916) 641-2776

9.

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3HER & CO.

iton.CA 94588-3657 WNCE Voice Mail (415)460-9995 - - -

........ 007953 10/ 17/91

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ity Serv Dist 'xts-. .........

00-500840-000 7012-8050 1

CA 94955 ---- ---------

J. GALLAGHER & CO. P.O. BOX 9101 • PLEASANTON, CA 94566-9101 I REMITTANCE TO: ARTHUR

-IDELITY E DEPOSIT CO 10/11/91 10/11/92

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or Vehicle Title Bond

150.00

m 1' oti 1991

;hip Bond L

7901 Stoneodge Drive #400 - Pleasanton. CA 94588-3657 P.O. Box 9101 - Pleasanton. CA 94568-9101 (415) 460-9900 - FAX (415) 847-8831 • Voice Mail (415) 460-9995

ROADS ½:cD EASEMENTS :-;EPI'ENHER 26 - OCTOBER 30, 1991

A. PROJECTS COMPLETED

1. 9/28 - 10/05 Removal of playground equipment from Community Center per CSD Board request of 09/25.

2. 10/19 Repair of Charlottes Way. Six rail ties, $150 one load of haserock $100, approx 8 man hours $80. Total cost of repair 5320,01).

B. PROJECTS IN PROGRESS

continuing cort -:n stairs cllrougnour communIty. Dome c- ornpi.e te SLU LI' replacemnemits and a ctacnment or non-skid scraps to most.

2. Beginning winter ditch cleaning.

C, RECOMMENDATIONS TO CED BOARD

Postpone ditch cleaning until new employee begins for famiiarization of proceedure.

Muir Beach Volunteer Fire Department



MEETINGS:

9-16-91 Attending: Farkas, Sward, Allen, Marshall, Moore, F. Smith, Lanier, Collier.

Discussion: Fire Safety Day. Allen to set day with Firemaster Extinguisher Co. Allen, Wildiand turnout gear order is complete. Moore, Set date to work on firehouse storage area.

Activities: Organized equipment on Engine 680.

9-23-91 Attending: Farkas, Sward, Allen, Moore, F. Smith, Lanier, Collier, Felix.

Discussion: Extinguisher Drill. Allen to set date with county for live fire training.

Activities: Volunteers rebuilt areas for the storage of wildland and structural turnout gear.

DRILLS:

10-6-91

Attending: Farkas, Allen, Sward, F. Smith, Marshall, Collier, Lanier, Felix. Also attending: Captain Frank Neer, Mann Co. Fire Dept.

Discussion: Proper care and use of hand held extinguisher on small fires. Types of extinguisher. Fire assessment and use in home and on autos.

Activities: Volunteers trained with extinguisher on a live fuel oil fire.

CALLS:

9-14-91 Chimney Fire / Sunset Drive Responding: Farkas, Allen, Felix, Sward, Collier, Lanier, Marshall. Details: Chimney fire in free standing stove pipe. Volunteers responded with Engine 680 and Squad 660. Volunteers simply closed doors to stove to put out fire. Chief Farkas recommended that the stove and chimney be inspected and cleaned by a professional chimney sweep.

9-21-91 Car Fire / Hwy 1 Responding: Farkas, Allen, Felix, Sward, Collier, Lanier. Details: Early morning call for a car fire below the overlook. The owner of the car was able to pour the contents of their cooler on the engine to put the fire out. Very resourceful.

9-25-91 Auto Accident / Hwy 1 Responding: Allen Details: Minor auto accident. Volunteer coordinated agencies responding and tow trucks. Volunteer put out flares and helped control traffic until the accident scene could be cleared.

I

United States Department of the Interior NATIONAL PARK SERVICE

GOLDEN GATE NATIONAL RECREATION AREA

FORT MASON, SAN FRANCISCO, CALIFORNIA 94123

iN REPLY RZP*L TO september 27, 1991

Dear Interested Organizations and Businesses:

Golden Gate National Recreation Area staff want you to know that a prescribed burn may take place on seven acres in a remote corner of Muir Woods National Monument this fall.

A prescribed burn is a highly controlled applicationof fire to a defined area. At Muir Woods, the primary objective is to reduce the threat of wildfire which could result in major damage to this national treasure. For the past 130 years, fuel levels have been allowed to accumulate to the point that a wildfire could have catastrophic results. The planned prescribed burn will eliminate much of the highly flammable fuel. The second reason for the planned burn is to restore the natural role of fire into the ecosystem.

The burn will take place within an area bordered by several well known firebreaks; the Dipsea Trail, Deer Park Fire Road, and the Ben Johnson-Dipsea Trail cutoff in the northwestern portion of the Monument. (Please see attached map for the area in question.) We anticipate closure of these firebreaks to the public for two to three days during the burn. Fire control equipment and personnel will be using these routes during md after the burn dates. The actual date of the burn will be determined based on weather, moisture, and wind conditions that meet strict safety and air pollution standards.

Neighbors in the area may see an increase in vehicular traffic and local, state and federal park and fire staff in the area. During the actual burn dates, a smoke plume may be visible to some residents in the Frank Valley region. Signs will be placed along fire break zones that state "Management Firs in Progress. DO NOT REPORT." Rangers will be onsite to provide information and assistance to visitors and hikers after trails have re-opened. Please pass this information on to your employees.

We welcome public interest in the research and management objectives of the National Park Service and hope that you will contact us at (415) 388-2596 if you have any further questions about the prescribed burn.

Sincerely,

Glenn R. Fuller District ranger

Enclosure

ILf

September 27, 1991

PRESCRIBED BURN FACT SHEET

The National Park Service will be conducting a prescribed burn on Muir Woods land in October or November. This fact sheet should help explain why prescribed burning is done and what Muir Woods expects to accomplish through this burn.

1. What is prescribed burning

Prescribed burning is the carefully controlled application of fire to a particular defined area to accomplish specific biological or resource objectives. -

. Why is brescribed burning necessary?

Fire scar dating done on two redwood forest sites in Mann County indicates that prior to the arrival of Europeans, wildfires occurred ever 20-50 years. During the last 150 years, however, human fire suppression has interfered with the natural cycles of burning and regrowth. This has had several significant, negative impacts upon the Mann County ecosystem. Re-introduction of fire as a natural element is essential to a satisfactory resolution of these problems.

One of the major problems caused by fire suppression is that the resulting accumulation of dead wood and leaf litter has created a fire hazard of potentially catastrophic proportions. The suppression of small, low intensity wildfires has actually increased the danger of large wildfires. In some regions of Mann County the amount of downed fuel per acre is several times the amount needed to classify an area as an "extreme fire hazard."

These high intensity fires threaten Mann County through not only their uncontrollable nature, but also their effect on the underlying soil. Severe fires often heat the soil so much that it becomes impermeable to water. Thus, the winter rains do not percolate through the soil and plants suffer from desiccation. This situation also adversely affects downslope plants, animals, and property owners who are potentially endangered by the increased runoff and resulting floods, erosion and sediment damage.

Frequent fires, on the other hand, burn slowly and with a low intensity because there is not an unnaturally large amount of fuel. The benefits from these fires are tremendous. First, such fires aid mineral recycling of soil by turning dead wood and other debris into ash. Second, they establish an edge in the vegetation which creates optimum wildlife habitat. Third, natural fires usually clear out the understory without burning down mature trees and are often instrumental in controlling forest insects and diseases.

15

Fire suppression regimes also cause changes in the native plant communities. Fire has become an essential element in the evolutionary development of many plant cominunitites. Trees and shrubs in redwood, oak woodland and chaparal communities regenerate after fire through rapid and vigorous growth of crown and root sprouts. Thus, burned landscapes seldom stay black for long. In addition, many species such as the Coast Redwood rely upon fire to produce conditions conducive to viable seed germination; others rely upon fire to crack tough seed shells.

3. Where are we conducting the prescribed burn?

We will be burning the area bordered by the Dipsea Trail, the Deer Park Fire Road and the shortcut from the Dipsea Trail to the Ben Jbhnson Trail.

4. what are the specific obiectives of this particular prescribed burn?

A. Begin to create a fuel break around Muir Woods by reducing fuel in the prescribed burn area by more than 60%.

B. Decrease the amount of ladder fuels. C. Assess local fire effects on the Douglas Fir/Coast Redwood

community through pre- and post-burn inventories of existing fuel, plant, and animal species composition within the burn area.

D. Help to refine fire prescriptions in this type of plant community.

E. Minimize the char on Coast Redwood trees within the burn area through creation of scratch lines around their bases.

F. Control forest insects and diseases. G. Restore the natural role of fire to this area and the

different plant and animal communities contained therein.

5. What precautions are being taken to ensure that a safe and

Prescribed burns are set only when specific conditions of soil moisture, fuel moisture, wind direction, wind speed, temperature and relative humidity are met. The actual burning is preceded by extensive study of the project area during which burn managers carefully set the limits of the burn area, inventory vegetation in the area and prescribe and monitor the conditions under which the fire is to be set.

The ignition sequence can be manipulated to burn in the desired direction with respect to wind direction and terrain and desired intensity. For this burn, successive lines of fire will be laid downslope from the Deer Park Fire Road. This method will ensure that the fire will be slow moving and of low intensity.

Muir Woods personnel are monitoring fuel moisture at the site two weeks prior to burning, on site weather one week prior to burning

and have been recording weather near Redwood Creek for many years. During the burn, the weather will be monitored every hour. Monitoring of the actual fire itself will encompass flame height, flame length, rate-of-spread, and residence time.

With respect to minimizing negative environmental impact, the Fire Management Plan uses existing fire roads and trails whenever possible for fire breaks. In addition, prior to authorizing this site for a prescribed burn, Golden Gate National Recreation Area technicians determined through extensive research and study that the prescribed burn site was not of historical or archeological significance and contains no rare or endangered species of plants or animals. The burn will take place on a burn day designated by the Bay Area Air Quality Management District. The smoke will be closely monitored throughout the burn and if unacceptable smoke conditions are produced the burning will be curtailed. Finally, on the burn date and for at least one day after. the Dipsea Trail and the Deer Park Fire Road will be closed to the public for safety considerations and to expedite transportation of burn-related equipment and personnel. The extent of the closures can be seen on the following page.

17

To Bootjack Picnic Aria - - \G..-' •.. No Camping

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,, •) — _ o S '4

b Stinson Beach

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it

,;t. :Kent Memorial . ;t • .

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to Park Bound..y':. To Camp Alic. Eaitwood + Pinion Camp 4. BooIJ.ckt, - . Bootjack. Ben Johnson. DIp, F.m Gwen. Camp Eastwood Fern Crak, Lost Trail Loop It .. ..•.•_• .......-fl',

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B4• Saturday, October 12, 1991 Mann Independent Jounna1 'P -

- •Grand jury douses plans to use controlled burning on Mount Tam

By Alex Neil -


Any plan to use fire for vegetation control on Mount Tamalpais should be put on the back burner, said the Mann County grand jury in a report released this week.

• The grand jury's environment committee concluded that con-trolled burns should be eliminated or, failing that, limited to areas where rare flora and fauna would not be endangered.

Such sentiments heartened local environmentalists, who hope to douse plans for controlled burning on the mountain.

"Indiscriminate controlled burn-ing is a poor use of fire as a tool,"

said Phyllis Faber of Mill Valley, a member of the Mann chapter of the California Native Plant Society.

She said that if any controlled burns were to be set, it is important that they not touch areas of the mountain where rare and native plants thrive because of special soil conditions.

Among the vgetation native to the mountain are Mount Tam man-zanita, Franciscan thistle, serpen-tine reed grass and the white-flow-ered jewel flower.

Others say controlled burns could be used to reduce the risk of a fast-spreading blaze that could turn hun-dreds of mountainside homes into cinder.

"We have a liability and a concern for the safety of the thousands of

people who live in the area," said Robert Badaracco, environmental resources manager for the Mann Municipal Water District, which owns 20,000 acres of Mount Tamal-pais land.

He said fire danger in the area is extremely high, not only because of five years of drought, but also be-cause fire has been largely sup-pressed since 1945, when 2,000 acres

"Fire is definitely a natural part of the ecosystem, and we have 45 years of fuels built up on Mount Tam," he said.

He said the areas of Mount Tam-alpais containing rare species are identified and would not be part of a controlled burn. Mann Municipal has commissioned a $380,000 land-management study that will look at methods of controling fire danger on Mount Tamalpais.

Proposals to initiate an ongoing program of controlled burns have sparked criticism by environmental-ists and local homeowners who fear the possible extinction of rare plants and destruction of property by mis-managed burns.

Badiracco said that if there ever is a controlled burn on Mount Tam-alpais, it would not be until after nu-merous environmental studies and public hearings.

"We're not going to go out and burn the place down. There will be more screening and more public re-view than you can imagine," he said.

The grand jury also recommended that other ways to control fire dan-ger should be used, such as clearing land by hand

Further, the study said, part of the costs should be picked up by adja-cent homeowners by forming a spe-cial service district.

YJ

bi •flU p •nn. S.•u•uuu • a s—flu . 'nu SPECIAL DISTRICT RISK L5 =. , SaL, MANAGEMENT AUTHORITY

SDRMA 2400 Venture Oaks Way

Suite 460

- Sacramento, CA 95833-3291

Board ofDirectors October 17, 1991 (President) Juan A. Lopez Usher PUt P.O. Box H Usher, 0A92249 Mr. Robert Allen, Fire Chief (619) 3530323 Muir Beach Community Services District (Vice President) Star Route, Box 221 Art Holmes Sausalito, CA 94965 34 Calls Sol San Clemente, CA 92672 (714) 498-1280 Re: Truck Bond

(Secretary) John Woolley Dear Chief Allen: Manila CSO L47MelvonRoad Enclosed please find Bond No. 30305969, the foreign Aroata, CA 95521 (707)445-8451 vehicle ownership bond that you require in order to

obtain DMV registration for the GMC Model 6500 Fire James W. Towns Running Springs Water Truck, Serial No. TCE668V570474. P.O. Box 2206 Running Springs. CA92382 We trust that with this bond, you'll be able to obtain (714) 867-2766

DXV registration on the vehicle, and complete this BobBawson process. Cuyama CSD P.O. Box 353 &ewCuyama,CA93254 We will be sending an invoice to the District, as soon}. (805)766-2247 as we have been invoiced by the bond carrier. Betty Harrison-Smith P.O. Box 367 If we can be of further assistance in this matter, please cm Shasta, CA 96087 (916) 246'1222 give us a call. We are sorry that it took so long to 9416. complete this matter, but the process has been time Earl F. Sayre consuming for your District as well as for the carrier. P.O. Box 1152 Hayfork, CA98041 We are pleased that it is finally, we hope, completed. mot (916) 628-5512

Administrator/Risk Manager Sincerely yours,

Richard K. Med dalena 5ö( ;:ct sal

Richard K. Maddalena, CPA Administrator/Risk Manager/Clerk

Rfl4:kjc

cc: Juan Lopez, President, SDRMA Gordon Bennett, President, Muir Beach CSD Gerald L. Lillis, Area Vice President,

Gallagher Heffernan Insurance Brokers

In California: TOLL FREE NUMBER: (800) 537-7790 Elsewhere: (916) 641-2773

FAX: (916) 641-2776 £0

• 4 flfl•U • a...s. .fl.su - U n...0 'u.s_s LJ# 'P-us SPECIAL DISTRICT RISK UU LdSU usa. •u NIL. I flauL, fl utc. I MANAGEMENT AUTHORITY flusuuu• -.1

S DR MA 2400 Venture Oaks Way Suite 460


October 7, 1991

Board of Directors Ms. Barbara Shine (President) A.J. Gallagher & Co. JIOPOZ P.O. Box 9101 Heber PUD P.0. Box H Pleasanton, CA 94566-9101 Heber, CA 92249 (619) 353-0323 Re: Muir Beach Community Services District (Vice President) Surety Bond for Fire Truck Art Holmes 34 CaRe Sot Sao Clement,, CA 92672 Dear Ms. Shine: (714) 498-1280

At long last, we are able to finally respond fully to (Secretary) John Woolley your letter of June 20, 1991. Manila CSD 147 Melven Road Arcata, CA 95521 We enclose herewith the application for a $15,000 bond, (707) "-"' on which has been entered the amount of the bond and

which has been signed by Gordon Bennett, President of James W. Towns B••nn1ngspringsWater Muir Beach Community Services District and attested to P.O. Box 2206 by Hazel Nelo, Secretary thereof. Running Springs, CA 92382 (714) 867-2766

We also enclose a copy of the audited financial Bob Rawson . statements for the District for the fiscal year ended Cuyama CSD P.0. Box 353 June 30, 1990, the most recent audited statements New Cuyaina,CA93254 available from the District. As you can see by the (805) 766-2247 auditors opinion letter, the audit was not completed Betty Harrison-Smith until August 16, 1991, and the statements have just been P.O. Box 367 made available to the District. Shasta, CA 96087 (916) 248-1222

If we can provide any additional information, please give EarIF.Sae me a call at the 800 number listed hereon. Otherwise, P.O. Box 1152 Hayfork, CA 96041 we look forward to receiving the bond requested by the (916)628-5512 application, at your earliest convenience.

Administrator/Risk Manager Sincerely yours, Richard K. Maddalena

rK. Richard K. Maddalena, CPA Administrator/Risk Manager/Clerk

PXM:kjc cc: Juan Lopez, President, SDRNA

Gerald L. Lillis, Area Vice President, Gallagher Heffernan Insurance Brokers

Gordon Bennett, President, Muir Beach CSD Robert Allen, Fire Chief, Muir Beach CSD

In California: TOLL FREE NUMBER: (800) 537-7790 Elsewhere: (916) 641-2773 FAX: 16)641-277

HOWARD HANSON COUNTY CLERK • REGISTRAR OF VOTERS

COURT ADMINISTRATOR • JURY COMMISSIONER

HALL OF JUSTICE CIVIC CENTER • SAN RAFAEL CALIFORNIA 94913

P. 0. BOX E

August 19, 1991

TO: MUIR BEACH COMMUNITY SERVICES DISTRICT

SUBJECT: Oaths of Office for Candidates Appointed in Lieu of Election

There were one (1) nominee for one (1) SHORT TERM vacancy in your District for the election.

The following candidate will be Supervisors in lieu of election:

ROBIN COLLIER

Also enclosed is the Certificate of Election aid Oath of Office for your newly elected board member. This is to be completed and signed by an official board member and the appointee. After the oath is executed, please forward the original to this office. The duplicate copy may be retained for your files.

If you have any questions, please do not hesitate to contact this office.

Sincerely, msci 8&4S0 HOWARD HANSON g: &PODØ%JP61r,cPI4IR County Clerk/Registrar

OCUR,1- I cbss,tC FØT oA 1nUI9 8ACU ScsqRO To AR23IAX ROS!P AOVNC Oi THE 5XUXRSMADELYN DeJUSTO

Chief Deputy Registrar OO)K* \T. ttLcEUER. )As t..XSEP AIc(fl LAST ffØTIE$ 1 19I-LTMIS SJAC4NC/

ends. Ca)JJVCQJ*JSt ADUt%sT14C eECAU ?C md

&cvp eou.ieca AtO ecup PI9T3 AR( %pgjfl AhD SISWe - I&i (Iku ,egth)

SIWLWD kôT 'jc oo To lctcp iry fleflI..e Ani.ancrsfle.r n s

COUNTY CLERK SUPERIOR COURT lOW - CHARLES MC cAPir'—- 'a'- flY COt sflJNErrr 'CtçI'k33JSTRAR Telephone: Telephone: Asst. County Clerk/ 0 Telephone: Telephone

(415) 499.6407 (415) 499-6063 Registrar (415) 499-6063 (415) 499-6456

STATE OF CALIFORNIA PETE WILSON, Governor

2800 MEADOWVIEW ROAD CALIFORNIA

OFFICE OF EMERGENCY SERVICES 0 1? S SACRAMENTO, CALIFORNIA 95832

(a

(916) 4274990

#1~

October 16, 1991 Ca/ionnaOflkvo(

Federal/State Disaster Assistance Agreement No. FEMA-677-DR Public Law 93-288 Applicant: Muir Beach Community

Services District FIPS No. 041-91052

Gordon Bennett, Chairperson Muir Beach Community Services District Star Route, Box 221 Sausalito, CA 94965

Dear Mr. Bennett:

Our records indicate that Invoice No. 340 dated November 26, 1986 for $2,505.00 is still outstanding.

As explained in the attached letter from the Federal Emergency Management Agency (FEMA) dated February 19, 1991, interest is being imposed at a rate of 7% annually.

If you show that this invoice has been paid, please advise us of the check number, date and amount remitted.

If not, please send $3,318.75 immediately to:

State of California Office of Emergency Services Attention: Accounting Office 2800 Meadowview Road Sacramento, CA 95832

Please call Cynthia Jones at (916) questions.

Sincerely,

Kathie Robinson Senior Accounting Officer

cc: Charles Wynne, Chief Disaster Assistance Division

427-4303 if you have any

STATE USE ONLY

Controller's Bemitt

f:....- -

IC. BARBARA BURKE MUIR BEACH COMMUNITY SERVICES DISTRICT 221 STAR-ROUTE., SAUSALITO, CA 94965 -

J Date

Your Order No.

QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT

PUBLIC LAW: 93-288 CQCRACT NO: FEMA-67 7DR

REFUND OF MONIES ADVANCED TO PROJECT APPLICATIQ4 677-277, due TO NW- COMPLIANCE TO OUR REQUEST THAT FINAL etaix DOCUMENTS BE FILED AND FEMA • S WITHDRAWAL OF FUNDING IN SUPPLEMENT #1. $2,505.00

TO AVOID INTEREST CHARGES REMIT REFUND TO THIS OFFICE BY JANUARY 9, 1986 TO MILk? PROCESSING TIME TO MEET FEMA S DEADLINE.

Make Check Payable to: STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES

3fl [bE OF EMERGENCY SERVICES AitenUon: Accounting Office 2800 Meadowvjew Road SACRAMENTO, CALIFORNIA 95832 ocs 70

s,30 4.04I 01 0

Opt intl Yom hid-A (12-79) Title 9. GAO Manual OFFICIAL RECEIPT Oul4-2O8

Federal Emergency Management Agency, Region 9

Bill No. 87-9-012

Date FEB 19 1981 (Department or Establishment and Bureau or Office)

Bldg. 105, Presidio of San Francisco, CA 94129

PA TER. Mr. Charles F. Wynne Governor's Authorized Representative Office of Emergency Services 2800 Neadowview Road Sacramento, California 95832

To be issued as official receipt for. cash remittances and when specifically requested if remit-tance is other than cash

Date DESCRIPTION Quantity I Unit Amount _

Cost T - Per

9 1987 Refund due F4A as a result of withdraal of $ 2,505 00 previously approved funding for the apilicant's project application

FEMA-677-DR, State No. 277 P.A. 041-91052 Muir Beach Community Services District

Make check payable to Federal Emergency Management .4Lgency and forward with copy of Bill for Colit :tion to:

de Emergency nage t Agency Officer omptro

er cy Coll ior

Rm 72 ashing

If the debt is not paid within 30 days )f the date shown ot this Bill, or if a repayment schedule satisfactory to this agency is not submitted within that time, interest will be imposed at the rate of 7% annually, beginning as of the da of the Bill.

AMOUNT DUE THIS BILL, 2,505 00

RECEIVED as payment on above bill

Date......_. - Signature - Title__________________________

NOTICE TO PAYER

If tender of payment of this bill is other than cash or United States postal money order, this receipt shall not become an acquittance until such tender has been cleared and the amount received by the Department or Establishment and Bureau or Office indicated above.

87-6-0677-4100-2-9097

0 U.S. G)VflXF PRDTDG OTfl 2981 0- 311-153 (6625)

SAFETY & INSURANCE AGENDA ITEMS REMAINING

FROM THE OCT 16 SPECIAL MEETING:

Employee or Independent Contractor? Action Items re

pages 60-71 of September 25, 1991 Board Meeting

Packet.

Safety Recomendations. Action Items re pages 72-96 of

September 25, 1991 Board Meeting Packet.

- 31?? S CILUISSJ

UNV A

INFORMATION SERVICES PROGRAM GOVERNMENT REQUESTER ACCOUNT

Department of Motor Vehicles Requester Account Processing Unit OIS P.O. Box 944231 Mail Station 11221

Sacramento, CA 94244-2310 (916) 732-7338

As of January 1 • 1990, the implementation of Assembly Bill 1 779 (Roos) initiated new requirements for our requesters. A Governmental Requester Account entitles you to receive information through a requester code via magnetic tape, telephone, walk-in, mail, on-line access, or through a DMV Approved Requester (information vendor). In order to establish a Governmental Requester Account, you must complete and return the enclosed application. Although there is no formal agreement to accompany the application, it is understood that each government requester is bound by the California Code of Regulations, Title 13 (also enclosed). If you are not an actual government entity as defined inVehicle Code Section 1812 and wish to apply for a Commercial Requester Account, contact DMV's Office of Information Services at (916) 732-7338 to request an application be sent to you.

Law enforcement entities require separate law enforcement enrollment. If your government agency has a subdivision of law enforcement that subdivision must enroll separately as a law enforcement requester. The remaining portion of the agency is required to enroll as a government requester.

Because of concern for the privacy and safety of Californians who are the subject of DMV records, the Legislature adopted more restrictive laws regarding the release of home address information. Residence addresses are confidential, to be disclosed only to a court, law enforcement agency, or other govern-mental entity. Financial institutions and insurance companies are covered by statute also. Other requesters may only receive confidential address information if they can cite specific federal or state statutes requiring or authorizing the Department to provide such information.

Please complete and return the enclosed application. The enclosed regulations should be carefully read as they contain DMV data security requirements, which you are required to comply with to continue to receive DMV information. An example of these requirements is the new Vehicle Code Section 1808.47, which is described on page 3 of the enclosed regulations. You may also be subject to audit by DMV to ensure regulation compliance. Failure to comply with the provisions of the law and regulations could result in termination of service and possible civil and/or criminal penalties.

Government agencies are not charged a fee for information requests and they are not allowed to resell information. All government information requests must be processed through DMV's Sacramento Headquarters. Government information requests aretiot processed in the DMV field offices. In order to receive DMV information in an expeditious mannet you must return your completed application to us for processing.

If you have any questions or wish further assistance, please call the DMVOffice of Information Services at (916) 732-7338.

Requester Account Processing Unit Office of Information Services

PiE 1147 mEW 5n0) 2-7

INFORMATION SERVICES PROGRAM GOVERNMENTAL REQUESTER ACCOUNT APPLICATION

Return to: Department of Motor Vehicles Requester Account Processing Unit OIS P.O. Box 944231 Mail Station H221

Sacramento, CA 94244-2310 (916) 732-7338

PLEASE PRINT OR TYPE A Asaa s..a. 4—, 1. CHECK APPROPRIATE BOX FOR TYPE OF GOVSVIMB4TAI. DailY AS DEFINED 111112 CVC

o State 0 Federal 0 city 0 County 0 Special District El Other, please describe:

2. NAME OF GOVERNMENTAL ENITTY: (IF ORGANIZATION IS A COURT, PLEASE SPECIFY JUA'a4L LEVEL)

3. DOES YOUR ORGANIZATION USE SCUAPT V8Cl1 LCENSE PLATES AS DEFINED IN 4156 CVC?

DYes 0 N 4. BUSINESS ADDRESS: (STREET)

STATE DP CODE

S. UST THE PRIMARY FUNCTION OF YOUR GOVERNMEJTAL DITITY AND THE PURPOSE FOR REQUESTING INFORMATION:

Function:

7. ARE YOU A LAW ENFORCEMENT AGENCY?

o Yes 0 No S. ARE YOUR INVESTIGATORS 00 AGENTS CLASSIFIED AS PEACE OFFICOW AS WINED IN SECTION wo OF THE PENAl. CODE?

Yes 0 No I UST (OR ATTACH A COPY) OF THE PROCEDURES ESTABLISHED TO PROTECT THE CONFIDENTIAliTY OF INFORMATION RECEIVED FROM THE DEPARTMENT AS REQUIRED BY VEHICLE

CODE SECTION 18.47:

10. PRINT THE NAME ANOTITLE OF THE PERSON AUTHORIZED TO SIGN THE APPLICATION. RESPONSIBLEFORCQI4PIJANCE WITH THE STATUTES AND REGULATIONS PERTAINING TOmE ACCESS AND USE OF INFORMATION FROM DEPARTMENT RECORDS AND A DESCRIPTION OF THE PERSONS POSITION WITHIN THE GOVERNMENTAL OIlIlY.

PRINT NAME. TITLE AND TELEPHONE NUMBER OF PERSON WHO CAN BE CONTACTED TO RESOWE PROBLEMS

,e

nrmfltcAr

I '.Sulte4GO - tE:,'-

SaaamentoeCAS583291. -. .

BoazdofDlr,otor, , * I october 1, 1991 • ,.. ,. -

Juana.Lopn , ,.'. . ,. . . '• .. .. .. ., E.b.rPUD . . P.O.BoxH U.b.rCA92249 - (619)3C323 • I t

"(floe Pn$dct) •, TO: 'SORMA 'member-districts" . --

Axtliolni.. 34c.U.Sol '..---i. -- 7

Sea Clamant.. CAnals FROM: 3 Bud Maddalena, Mministrator/Risk Manager r (714) 4 *2260 . : .. ' .-',--'!:.'':'- . ;-.• ' '''-• . -:P- j::-.c':--,$.','

Vehicle Proof of Coverage cards ? ' JahnWooUns:?'- ,. ManOaD I

I

147M.IvenBo.d •: : : .roata,CA95521- .,-.::-.

c'' ., ' • .

• (707)4458451 ' H •' :-,,;- - ' H , -' ' ' • ':\:..?&t. - .- • - - - .-.'--..'--.-.- . — ----'--- - - 4 ---- -- 4.

-..-Losea -. pseaseLxinatne.:.venicie -iroot ¶your yehicles for199l-i92 (August 2. tougLc'çyt3ll •"

;e cards reflect: - a C

1. Th& District nane .. .' J 2. The Coverage period ILI

3. The year, make, model and partial ID number'. of

the vehicle [usually last. four. digits] .4. YCoverage[s],'carried — :c,c'stands :: for

comprehensive . and collision .......•'. .. 5. Applicable poflcy,number[s] ..•.. . .

But PSam: - P.O.Box1152. ' . . You should:; ;:.....' •. .,} '.. ..t . • R.yfork,CA96041 (916) 628-5512

1.. Copy each card . and retain the copy . in your Admlnlstxalor/Riak Manager

. vehicle file for the applicable vehicle;-,and Richard K. Maddal.rsa . .

2. Carry the original in the vehicle._`:...

Please check each card carefully, to ensure that the card reflects the correct vehicle and the coverage[s] you think you purchased for that vehicle. If you have questions, please call us on the 800 number.

Thank you for your continued participation in SDRMA.

Bob Baw.on

Na Cuyama, CA 93254 (805) 7862247

B Harriaon4mth ' P.O. Box 367 ShaM., CA 96087 (916) P46-1222

In California: TOLL FREE NUMBER: (800) 537-7790

Elsewhere: (916) 641-2773 FAX: (916) 641-2776

23

WORKSHOP SCHEDULE

8:30 A.M. Registration & Coffee

0) I-

to9A.M. V Cv,

9 A.M. Safety Procedures lava a.. to 10:20 A.M.

E Ipt Nqm . a, z Morning Break 61W

in ) Cu

0)

C 10:40 A.M. Safety Procedures to Noon Continued

Noon Lunch C o to 1:10 P.M. 1._lust_i LO

Cb .2 Co o — 1:15 P.M. Claims Procedures g to3P.M.

a

— a

Et Afternoon Break THE SPECIAL DISTRICT RISK 2 2 3:15 P.M. Claims Procedures

do to 5 P.M. continued MANAGEMENT AUTHORITY CO

S I 5:00 P.M. Adjournment In cooperation with the c rIci)

CALIFORNIA SPECIAL DISTRICTS '-I cc ASSOCIATION

U) ° 21 . CONTACT presents a

I4 I Bud Maddalena . WORKSHOP I i

o c ta Administrator/Risk Manager Iot I> or on

I I >-8 Lynn Evans CLAIMS PROCEDURES I . -cm a: - Administrative Assistant

and cc OF- (80 537-7790 SAFETY PROGRAMS -I for more Information.

I November12, 1991 (REV. 9/91)

0

a

'&f;WHEN AND WHERE • . H WHO MUST ATTEND * •. PURPOSE - I

You are now part of a self-insurance Noymter 12, 1991 pool There are many benefits more

oc6urrence~/daims) 'must attend the

QARLAND HQTEL workshops, r control over claims, probable lower and more stable contributions, renewability

• .?' 17OTnbpte Road ..-

- fStraThento CA 95815 Your Safjy Committee Chair must (provided you meet all reasonable

• tV -' , attend thewdrkshop. requirements of the Board of Directors - '1 WI.;

II; cc1t in whose selection you participate). :(916)92979oo

(If these are the same.person, only one ,,, h"fl call tin un,, ncinh - '.tF. •-.- r- . - -.- 'e , ifla tv,w ,

person must attend) , hood broker, around the corner, when

"t $ 1ntmad0 di- you have an "occurrences that might

WHO MAY ATTEND result In a claim. Instead, you must now • !c: tTt&r ..: '- :

•. :T participate fully in minimizing the potent-

(916) 929-7900 You may send any additional personnel Ial loss from such occurrences".

- whom you wish to be familiar with this The Board of Directors of SDRMA is

• *-••' -. .

information (such as Dir9ctors). committed to providing you the best 9cIsnfrPornswillbe held fill •• ••.

available contributions and claims ;. t3OctqDer 28, 1991. . - .

• U.1Q PAYS? •.

management. The Board has developed a MANUAL which includes sections of

ci) SDRMA provides on bound MANUAL procedures for handling potential claims mention that you are with the per district, plus' copies of the manual and sections describing minimum accep-

ç 1Q4W,or$shop, so that you may. . materials for all attendees:table safety procedures.

'- fl jeaeive.thepreferred rate of As a requirement for continued coverage,

r4f - $68- tax, single SDRMA provides lunch on the day of your district must participate In a work-

$7R4tax double - the worksho ' shop at which the MANUAL and

P . . procedures will be reviewed, when you

:tpW1NYouB WORKSHOP . first join SORMA.

• ;-- -jEqSTRATlOI FORM BY: DISTRICT: .,pays, travel and lodging ' * NOTICE. (sessions begin with registration at 8:30

November 1, 1991 a.m., so some district .:representatives Districts that have previously met the I may have to travel the, day before). . attendance requirement, but who have

..................................................1.. had personnel changes, must send the

NOTE - new Designated Person and/or Safety MEALS: other-than Iunbh on the day of.. Committee Chair. (See "Who Pays?",

At3jDANCE1QUALIFIES FOR THE the workshop,-1 are the responsibility of Opposite) But if your district has met the

"CREDIT INCENTIVE PROGRAM" the district or attendee attendance requirement, and had no

I vfoi_1992 personnel changefr jitendance is optional.

II cr 0 LL

00 — z 1-0

CC <p

C-)

(9 w Er

NOTICE ci a) (U

Some who attended Education Day #2 recommended that more information be provided on Safety committees, Safety policies and Safety programs available

2 through SDRMA.

CV) w :ff These topics will be discussed at the

Ln SAFETY/CLAIMS WORKSHOP in CD

Sacramento on November 12, 1991. o

-d The SAFETY/CLAIMS WORKSHOP also qualifies for Incentive Program credits. If you wish to attend the WORKSHOP, please use the registration form on the WORKSHOP brochure, or call the e r-

0 • SDRMA office. 0)

>1 E

0

0)

0 For additional information - 5 call: o

Bud Maddalena CD Administrator/Risk Manager

>1()

o c or

2 cc Lynn Evans

Er 2t Administrative Assistant Co

0) Er at

0 Lii 1 800537- 7790 0 z

(REV. 9191)

THE SPECIAL DISTRICT

RISK MANAGEMENT AUTHORITY

in cooperation with the

CALIFORNIA SPECIAL DISTRICTS ASSOCIATION

presents

EDUCATION DAY $6

November 13, 1991

WHEN: Wednesday, November 13, 1991 COURSE & FACULTY "CSDA TODAY"

WHERE: BEVERLY GARLAND HOTEL The luncheon speaker will be a Director 1780 Tribune Road RISKS and THE CONTRACTOR of CSDA, who will talk about programs Sacramento, CA 95815 available through CSDA.

Nearly every district engages a

(916) 929-7900 contractor to provide services. Some are licensed contractors, doing

TIME: Registration: 8:30 am. construction, etc. Others, often CASES WE'VE KNOWN (but not loved!)

Program 9 am. to 5 p.m. called "casual" contractors, might be SDRMA Administrator/Risk Man- backhoe operators, janitors, etc. ager Bud Maddalena will present

COST: No charge for representatives Contractors of either ilk increase a another of his humorous, but scary,

from SDRMA member- district's exposure to loss. We'll monologues on cases experienced

districts * suggest some ways to minimize the both by SDRMA and by other public

$100 per person from non- risk, entities - but that could happen to

member districts your district, if you're not careful!

Lunch is provided Presenter: TBA

Learn how to avoid 'em!

Room charges are: Presenter: Bud Maddalena,

$68 + tax, single Administrator/Risk Manager

$78 + tax, double if reservations are made by October 28, 1991. Room charges and meals, other than "THE STATE OF SDRMA" lunch, are responsibility of Learn the latest developments in attendees. S. B. 198 - the Nightmarel xiat risk financing pool. What

changes were made in coverages HOTEL: Call the Hotel at (916) An expert in the field will discuss SB on the August 1st renewal, and

929-7900 to make your reser- 198, and provide ideas on how to how will you be impacted? What vations. Be sure to say you're meet SB 198 requirements, who's do you want to know about attending the SDRMA pro- excluded or included and what to do SDRMA, but haven't had the gram, to get the SDRMA rate. if you're not prepared when the chance to ask? What's it all about?

inspectors knock on your door! * * *

Presenters: An SDRMA Director

Presenter: Harry M. Marsh, and the Administrator/Risk Manager • Reservations cancelled on or before Nov. 6, 1991

General Counsel to SDRMA —nocharge. * * * * *

• Cancellations alter November 6th and no-shows subject to lunch charge.

REGISTER EARLY .........Limit 100 ___

See ba' ___=. for course registration form. * * Members get preference till —riber 1st.

I

MTJIR BEACH C.S.D. WATER DEPARTMENT STATUS REPORT: September, 1991

WATER' SYSTEM OPERATION

The water system basic operation services performed during the month of September, 1991 includes:


Water production for the month of September was 42,055 gpd or about 17% higher than the annual average of 36,000 gallons/day.

1. Volume of water produced: 1,219,600 gallons 2. Average daily production: 42,055 gallons/day 3. Maximum day production: 68,400 gallons/day 4. Volume of water used (metered): 809,149 gallons 5. Unaccounted for volume: 410,451 gallons (34% of production)

NOTE: Water loss includes purchase of water by CalTrans (6,000 gallons), one broken service line (before meter), and malfunction of the lower storage tank level control valve that resulted in overflow of the tank for several hours.

SUPPORT ACTiVITIES



2. Obtained monthly bacteriological samples and delivered to Brelje and Race Laboratories for analysis. Results were sent to the County Health Department.

3. flush selected fire hydrants in accordance with line cleaning schedule.

EMERGENCY REPAIRS (See attached Incident Reports)

1. Broken service line on Charlottes Way.

2. Broken service line on Sunset Way.

3. Overflow of low zone storage tank.

MUIR-QSD.bh 'I

SPECIAL SERVICES


1. Installation of flow restricter in Well No. 1 that allows the use of the well at reduced capacity (40 gpm).

2. Replacement of water meter and shutoff valve on Sunset Way.

3. Installation of new fire hydrant and main line shutoff valve on Charlottes Way.

4. Planning and engineering of Harris Project D-4 (Sunset and Pacific Way intertie).

5. Planning for new well construction (see attached status report).

EXPENSE REPORT


1. Shutoff valve on Charlottes Way (Forester) $ 641.44 2. Well Pump flow Restricter and Pumping Test (Forester) 1,160.54 3. Breije and Race Laboratory Services 25.00 4. Miscellaneous O&M supplies and materials 73.02

Approximate Expenditures $1,900.00

Respectfully submitted,

Henry Hyde & Associates District Water Manager

MUIRaD.hh

Date: September 19, 1991

INCIDENT REPORT FORM

Problem:

Significant water was reported flowing in the drainage ditch along Sunset Way near Highway 1 on September 19. Upon investigation, the source of the water was overflow and discharge from the low zone storage tank to the drainage facilities along Highway 1 at Seacape Drive. The reason for the overflow was the malfunction of the tank level control valve on the inlet (fill) line to the tank. A significant amount of water was lost before a call was received.

Alternatives:

1. Repair the level control valve to correct the malfunction.

Solution:

Inspect and adjust the level control valve. This valve is inspected monthly and cleaned each six (6) months. For some unknown reason, the valve adjustment needed to be reset.

Completed by

0&

Date: September 15, 1991


Problem:

Reported water leak at 300 Sunset Way on September 14. Leak due to ruptured service line.

Alternatives:

1. Shut-off water at water meter. Homeowner to investigate source of leak and repair.

Solution:

Ann Collier responded to call as backup to Henry Hyde who was out of the area at the time. Water was shut off at the water meter.

Henry Hyde assisted the homeowner the following day to determine the source of the leak. The source was located, temporarily repaired and water service restored.

Completed by:

uumcSDM

Date: September 2. 1991


Problem:

Accidental rupture of service line (Brooks) on Charlottes Way on September 1 by construction equipment grading the road.

Alternatives:

1. Shut-off main line and repair break. The break occurred before the water meter shut-off valve.

Solution:

Shut-off main line and repaired break.

Completed by: .l,LL 1 11L__ 30

September 18, 1991


FROM: Henry Hyde/District Water Manager

SUBJECT: STATUS OF NEW WELL INVESTIGATIONS

Pursuant to the September 25, 1991 Board Meeting, the following activities regarding the subject investigations have been completed:

1. A Notice of Intent to construct a new water well was transmitted to the Department of Water Resources. A copy of the Notice and letter was transmitted to the Division of Water Rights requesting DWR's assistance in this regard (attached).

2. A survey of the District's Muir Woods Road (well) property was completed by Nute Engineering to establish the property boundaries. The purpose of the survey was to determine that a new well could be constructed on District property at least 100 ft. from Redwood Creek in conformance with Department of Health Services requirements re: classification of well as groundwater source.

3. Meeting and discussions with Harding Lawson Associates regarding the results of their previous geological survey and possible assistance with geological mapping to determine the apparent-best location for a new well and probability of obtaining sufficient yield (e.g., 50 to 70 gpm).

The results of these discussions revealed that further geological investigations and mapping will not likely result in increasing the probability or reliability of finding sufficient yield in the underlying fractured bedrock.

The best and most reliable method is to test drill holes into the fractured rock and conduct pumping tests to determine reliable yield.

4. Discussed test drilling with Weeks Drilling, Forester Pump and Engineering, and Water Development Corp. (Woodland). Drilling of 100 ft. deep test wells and test pumping will cost about $10,000. if a test well is successful, it can be developed into a finished well with some additional cost ($2,000±).

The next step is to work with the Division of Water Rights to develop well design criteria to meet DWR groundwater classification requirements. Once this is completed, detailed cost estimates for test drilling and well construction will be prepared for consideration by the Board.

MinR.aD1a

MUIR BEACH COMMUNITY SERVICES DISTRICT.

BOX 221 -STAR Rot TE •SAI'SALITO. CALIFORNIA •965

HI RW) Ifl' I WHEt 11 )H%

October 4, 1991 Mr. Scott Williams Sanitary Engineering Associate Application Unit 02 State Water Resources Control Board Division of Water Rights P.O. Box 2000 Sacramento, CA 95812-2000

RE: NOTICE OF INTENT TO CONSTRUCT NEW WATER WELL

Dear Scott:

Enclosed is a copy of the subject Notice of Intent filed with DWR for the construction of a new water well to replace the District's existing main well. The reason for replacement Is the significant loss In production of the main well (from 70 gpm to less than 40 gpm) due to deterioration of the well casing perforations. It has been determined to be more cost-effective to replace the well rather than attempt rehabilitation.

An important consideration in this regard is the Division of Water Rights decision regarding our Application No. 29331 (Reference 332: SAW: 29331) for water rights and the classification of our water supply as groundwater. It is in the District's interest and presumably the Division's interest to insure that the new well comply with the Division's requirements for classification of our water supply as groundwater. We therefore request that the Division provide the District with specific requirements for construction of the new well including 1) distance from Redwood Creek, 2) geological characteristics, 3) seal requirements, etc. in order for the Division to certify the well source as groundwater.

We would appreciate your assistance In the construction of our new well In order to resolve the water rights issue. Please contact me with any questions or need for additional information. I look forward to hearing from you regarding this request.

Sincerely,

-A, vli, Henry Hyde District Water Manager

DUPLICATE RETAIN This wry Na. 250 701

NOTICE OF INTENT

DEPARTMENT OF WATER RESOURCES: October 4 '1991

On or about December I , 19 11 . I plan to commence drilling (1 deepening U reconditioning U or destruction of 0 a cable Q rotary or other type

well, for domes tic water SUPD1Y purpcet The work will be done for

MuirBeach cA 949k Approximate location 01 we

(Legal lubalvision or Dy relerence , into ioinç Man

Not yet selected Lie. No (Well driller)

(Address) Need kg forms 0 Need notice cards 0

County.

'IL

To: Hazel N do, MECSD District Secretary From: Gordon Sennthtt , MBCSD Chair Dote: Cctcber 73, 1991

Dean Hazel

This is just to remind you that:

1) The bill for November's water will be the last with the. Surcharge and the last at the current M2nthy rate schedule.

2) Do not read the meters at the end of December; next reading is at the end of January, then every other month thereafter.

3) In place of what would have been the early January bill (for December water), you might consider putting into the billing envelope a short letter alerting people about our switch to every-other-month billing and assuring them that the bi-monthly rates are the same as the monthly rates adjusted for the new billing cycle.

4) The BilMqattly Rates (first bill in early Feb 91 for Dec/Jan use) are as follows: 0 - 399 cu ft: $16 lifeline rate 400- 999 $20 flat base rate * 1000-1999 $3 per 100 cu ft 2000-2999 $4 per 100 cu ft 3000-3999 $5 per 100 cu ft 4000 ± $6 per 100 cu ft * For the three Properties in the District with 2 units (per Assessors Role) on one meter, the Bi-Monthly flat base rate is $40.

5) Also please remember that for the four meters (Ranger House, Beach Water Fountain, Dairy, and State Stables) that are our District, the Board decided to keep the Surcharge in plec:.c., so keep billing these meters., only, the additional $30 per

6) I have asked the County to send you the data from the work that you and I did on the Measure E assessment. If residents have any questions on this, they should call you (38E-1313) and you should be able look at the Assessor's role and the tax data and determine if there is a problem.

7) Assuming the Board follows the recommendation of County Counsel re collecting delinquent water bills, you will need to add her language to your "Shut Off Not if i cation

4

42-

ACTION ITEM RE: RANGER HOUSE WATER

To; MBCSD Board From: Gcrdon Bennett, Chair Date: October 20, 1991

As you may recall, the GGNRA in a 6/13/91 letter requested that the District install an additional water meter at the Ranger Houses, at 1790 Shoreline. Our response, from Henry Hyde, in a July 29 letter, was based on our understanding that this "Lopes" property had been annexed to our District back in 1973. This is not, in fact, the case.

I checked with Corrinne Hubbard at the County Clerk's Office, also Mark Manion at the Assessor's Office, also Betty Stobba at the Mann Local Agency Formation Commission, and finally with Dick Shaler in the County Mapping Office. Apparently, all the papers were filed for the annexation, and all the proper approvals were received, however the final legal steps were not taken to complete the annexation. Therefore, the properties are not now in the District. According to the above people, if we wish to annex the property now, we cannot simply complete the former annexation, but rather would have to re-apply anew -

I suggest that we ask Henry to write a new letter indicating the mistaken premise that our July 29 letter was based on. Henry would note that, based on tHe correct information, the District water policy that applies is:

.a standard connection consists of a 3/4 inch meter provided at a location on the CSD's water main closest to the customer's property. .Any extension of lines beyond the meter shall be the customer's responsibility and expense.. . . piping on the customer's side of the meter belongs to the customer."

Henry's letter would then make it clear that the one meter that we have installed on the Distrc's Side of HiWay 1 is our responsibility, but the pipe under HiWay 1 and the subsequent meter(s) are not our responsibility.

STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor

DEPARTMENT OF TRANSPORTATION

X . BOX fl9 kN FRANCISCO 942O-779

September 23, 1991 4-Mm-1 PM 8.2 to 9.1 HM-1 AC overlay 04336-192501

Mr. Gerry Pearlman, Administrator Muir Beach Community Services District Box 296 Star Route Muir Beach, CA 94965

Dear Mr. Pearlman:

The State is developing plans for improving the existing contentional highway on Route 1. Proposed construction will include AC surfacing in Mann County from 2.3 miles north of Muir Woods Rd to 3.2 miles north of Muir Woods Road.

Our designers would like to have a maximum of information regarding existing utility facilities in order that they may be given consideration in design, and that they may be brought to the attention of the contractor through inclusion in the contract plans.

Attached is one set of State's plans showing the limits of the project. Please delineate your existing utilities on the plans, giving ties, depth of cover, size and any other information that might affect the design of the project. Return a set of plans to me prior to October 15, 1991. A print of your construction plans, if available for the area, will be satisfactory In lieu of plotting the facilities on our plans. If necessary, at a later date plans will Is sent to you for preparing your relocation plans.

If you are aware of any other utilities within the project limits, or imow of any utility owners sharing your facilities, i.e., same trench and/or pole, your letting us know would be greatly appreciated.

Present indications are that this project is scheduled for construction around January 1992.

If you have any questions, please call me at (415) 557-9056. Your cooperation is appreciated.

Sincerely,

PRESTON W. KELLEY D*frict Director

tE McDANIEL Project Coordinator R/W Utilities

Attachment

F

Memo to: Henry Hyde From: Judith Yamamoto Date: 10/24/91

Re: 8/29/91 Redwood Creek Watershed Planning Meeting

Mayumi Oda called me and told me about this meeting. She felt that our community should be participating in this project and "taking care of our own habitat." She knows of someone who can help us to bring the salmon back, and says that Green Gulch is planning tree planting in this watershed, making a native nursery there; Wendy Johnson is in charge of a study to find out what kind of trees are suitable here.

Mayumi sent me the enclosed minutes of the 8/29/91 Redwood Creek Watershed Planning Meeting.

S

United States Department of the Interior NATIONAL PARK SERVICE

GOLDEN GATE NATIONAL RECREATION AREA FORT MASON. SAN FRANCISCO, CALIFORNIA 94123

IN MEPLY UPZJ. TO:

8/29/91 Redwood Creek Watershed Planning Meeting

In attendance: Bill Cox (State Fish and Game), Randy Rogue (Mt. Tamalpais Si'), Peter Rudnik (Green Gulch Zen. Center), Greg Archbald (GONPA Habitat Restoration Team), Mia Monroe-(Muir Woods NM)

1. Review features of Redwood Creek watershed at Muir Woods Visitor Center

2. Intrcdüttions

3. Roundtable discussion - mia'snotes and summary:

Greg: work towards a steward concept search for people who want to be leaders

Randy; need people to coordinate volunteers/ multiply work of rangers identify main problems in area

Peter: Green Gulch goal.is.to be wise stewards agricultural. !!id'isàrs" on user issues in area - facilities available for meeting/conference key issues for most people: native plants and salmon

Bill: both public and in-house (agency) educational components essential some good info: coho are "environmental canaries"

coho like 3D habitat .(deep, dense, dark) in streams substrate (i.e. gravel, boulders) is important to stream quality

important: minimize erosion and sedimentation-stabilize banks Redwood Creek rates as a 7 stream on a 10 scale, with potential

of being a 10111 (for perspective, no 8s in Mann or Sonoma. Lagunitas Creek is a 5. typical In area 2-4)

Coastal Conservancy is funding watershed rehab work in northern California - contact Rural Conservation District

State of Laguna Day in Sonoma County very effective informational and organizational tool

Mia: would Like coordinated, intra agency management plan for watershed a desirable goal would be a community and agency adviSory group that would also educate, sponsor work days, gather information lots of resources and funds out there to draw from (i.e. Creek Currents)

4. Conclusion: Cultivate a PRO-WATERSHED and PRO-STREAM attitude Educate and excite first; advisory /steward coalition will follow Sponsor a State of the Watershed Day in late fall. It will include a creek walk with.Bill, open houses of different operations in area, exotic.plant removal and other volunteer work, local experts on all relative topics. Mia and Greg will begin planning work. You'll hear from us!!

*

MUIR BEACH COMMUNITY CENTER COMMITTEE STATUS REPORT• 10/9/91 and 10/16/91

PRESENT: Nancy Knox, Kathy Sward, Judith Yamamoto

TREASURER'S REPORT:

ACTION ITEM: Roll-over of 1990-91 Walkathon funds ($640). The CSD voted unanimously at its 3/20/91 regular meeting to 'release the CCC Walkathon funds and move them to Account #2380 to be used for Children's Programs.' This was done because it was projected that Walkathon funds would not be needed to supplement Bistro (#2041). (#2041).

COPIER:

1. New Copier Monthly Financial Report form completed (attached). 2. Letter sent to copier users re: shared use of office by copier users and CSD staff. 3. Judith reported that in FY 1990-91 we paid two annual maintenance agreements for the

copier, and may do so again in FY 1991-92 (memo attached).

MAINTENANCE:

1. floor maintenance (#2096: $300 budgeted for floor). Floor cleaning (Selome Monge) and floor repair (Nancy Knox) will go over $300.

PROGRAMMING: I.Bistro: New Bistro Person needed. 2. CSD Dinner Night: CSD Dinner Night Person needed. 3. Community Halloween Party: CCC to co-sponsor with Messengers from the Heart

(memo attached). CSD will buy special events liability insurance.

PROCEDURES: The Community Center portion of the draft General Mananger job description by Leslie Rich] was discussed. Several items were condensed and several additions were made and given to Leslie (attached).

IMPROVEMENTS:

1. Window insulation (CSD #4045: $1500): Work conference with Window Accents scheduled for 10/29/91.

2. Vented mezzanine skylight (CDBG: $770): Work conference with Mike Moore scheduled for 10/25/91.

3.

Two low-c skylights for main room (CDBG: $3005): Work conference with Mike Moore scheduled for 10/25191.

4. floor insulation (CDBG: $225. CSD: $225, from #4045,$285 remaining from window Insulation cost). Figures will be confirmed with Window Accents at 10/29/91 meeting.

5. Office: Work conference with Mike Moore scheduled for 10/25/91.

ACTION ITEM: Roll-over of 1990-91 Walkathon funds ($640). The CCC requests that $640 be placed in #9248 (Fundraisers & Donations).

RECREATION AGENDA ITEM:

Playcround -An-Inn Item: Ecrd i.utboriztion to 1111 out ner.cE.ry permt pplicatinr and write letter to

to waive any ne4u'

MUIR BEACH COMMUNITY CENTER HEALTH & SAFETY REPORTS 10/16/91

1. Before Election Day, Nov. 5, attach safety (non-skid) strips to the unstripped stairs remaining on the CSD/Community Center easement.

2. Replace outside light bulbs on CSD/Community Center easement.

3. Replace 2 missing rails on deck.

Memo to: CCC From: Judith Date: 10/16/91

Re: Payment of Copier Annual Maintenance Agreement twice in FY 1990-91.

The annual maintenance agreement for the copier is for one year or 62,000 copies, whichever comes first, and in FY 1990-91 we ended up paying it twice because the 62,000 copies arrived first.

We paid $570 in July of 1990 and $456 in May of 1991 for annual maintenance agreements, for a total of $1016 instead of the $560 budgeted for that year. We budgeted $560 for FY 1991-92.

H

I I I

TO: LESLIE RIEHL

10/9/91 FROM: COMMUNITY CENTER COMMITTEE RE: GENERAL MANAGER JOB DESCRIPTION

Community Center: (some of these responsibilities would be delegated to the Community Center Program Director when such is hired).

1. Identify community educational, service and recreational needs which could be addressed through Community Center programs by conducting formal surveys, being informally accessible to community residents and initiating outreach efforts.

2. Direct the preparation of and recommend to the Board procedures regarding the safe and responsible use of the Community Center, and monitor such procedures.

3. Direct the preparation of and recommend to the Board fee schedules for use of the Community Center, and collect rental fees and cleaning deposits as established by Board policy.

4. Direct the preparation of and recommend to the Board basic criteria for fee-paid and non-paid use of the Center, including all necessary forms (rental agreements, program proposals, evaluations, etc.) as established by Board policy.

5. Direct the preparation of and recommend to the Board necessary reports identifying Community Center building and grounds maintenance, safety and enhancement needs; and provide detailed plans and cost estimates for the development work, extensions, additions, renewals and replacement of Community Center facilities to attain such Board objectives.

6. Develop annual budget with Community Center Program Director.

7. Schedule usage of the Community Center, maintaining a Community Center Calendar reflecting CSD meetings, Community Center activities, rental uses, etc.

8. Supervise cleaning and minor repairs of the Community Center, including regular weekly maintenance and extra cleaning that may be required before and/or after rental use.

9. Direct the preparation of and recommend to the Board policies for usage of the copier, and monitor such usage.

10. Inventory and maintain supplies and equipment as required by the Community Center.

11. Prepare monthly status report.

50

Memo to: CSD Board of Directors From: Community Center Committee Date: 10/16/91

Re: Action item on 10/16/91 CSD agenda "re Community Center Committee decision that the Muir Beach Community Services District shall co-sponsor a Benefit for Messengers from the Heart", a Pediatric Aids program."

In the past, when Muir Beach community fundraisers, activities, parties, or events occurred, no prior approval was required from the Community Services District Board.

Additionally, Gordon raised the issue of special events liability insurance with Judith. No special events liability insurance has heretofore been required for Community Center activities. The Committee questions its necessity and wonders at the wisdom of setting such a precedent without further research on this matter, especially with other community centers.

61

To: Judith Yamamoto, Erin Pinto and the Cornunity Center Cocrnittee From: Gordo'- Bennett, Chair MBCSD Date: October 24, 1991

RE: The Corrnnity Center Committee decision that the Muir Beach Community Services District shall sponsor a benefit for "Messengers from the Heart, a Pediatric Aids program.

Judith, I am frankly amazed at your statement that because the Committee does not need to ask the Board's approval for the Children's Easter Egg Hunt, then it also does not need to ask approval to sponsor the Pediatric Aids Fundraiser. Did it not occur to the Committee that an event that provided alcohol to non-residents and put ti-en, back on 1-liWay 1 at 1 a.m. was materially different from a day-time party for children of residents?

When the CSD sponsors an event, it assumes the liability for the event. This was quite clearly expressed during the meetings with our advisor, Betty Harrison Smith. CSD Sponsorship is completely different from the CSD simply being the landlord for a community event renting the Community Center. The Board, in approving the Committee's budget request, has already approved a list of CSD sponsored events, which does not include a Pediatric Aids Fundraiser. The issue here is not that this Fundraiser is not a worthy cause; I'm sure it is. But the decision to lend the CSD name to an event and to assume liability is a Board decision.

Furthermore, prior events, like the Fire Dept's Halloween Party have been "Bring-Your--CX'Mn-Alcohol" events. With these events, the CSD is not in the position of "serving" the alcohol and ti-us incurs no liability. When the CSD does sponsor an event that serves alcohol, like the Fire Dept's Barbecue, we have always obtained the special one-day liquor liability insurance.

I realize that the Committee was trying to encourage residents to attend the Aids Fundraiser because it mistakenly scheduled the event in place of our normal Halloween party. But that could have been done without "sponsorship" or with the proper insurance or, as the Board finally decided, without serving alcohol. Any of these three solutions would have worked. But, with the Committee's original plan, if any of the party-goers had driven off the road and then sued the District, the District might have lost _!Ybis In this lawsuit happy society, alcohol related accidents are fair game. Need I remind you that the District this very year settled a $200,000 lawsuit brought against it? The water system and the Community Center would had to have been sold because we would have had no insurance. The Committee's desire to offer residents some fun cannot be balanced off against the catastrophic liability of doing so without thinking the issue through more clearly.

And Judith, I agreed to move this item up on the Oct 16 meeting agenda because Erin had to leave early and you indicated that the Coimunity Center Coc-rrnittee might need her support. Frankly, I was astonished to receive the Committee's Oct 16 letter questioning the Board's authority to approve sponsorship and questioning my stated need for the CSD to be insured. I cannot let that letter stand unanswered, ti-us this letter. In my opinion, the Committee's letter completely misses all the points I raised to you in my phone to Judith. The Board has appointed me to be in

charge of insurance matters. If the Carnittee doesn't like my message, I'm sorry, but its my job to convey what our insurance company says. The issue has nothing to do with supporting the volunteers on the Committee. I saw a potential severe problem, brought everyone's attention to it, and a mutually satisfying solution was worked out. To me, supporting volunteers means that when you see then, headed full steam into a wall, you speak up. And if they do it again, you question the policies that bring about the dangerous situation.

9-

fri U— C..

t fl_fl Cfl. U Son SPECIAL DISTRICT RISK on

U.' Ue St fl_i. •' iOUL MANAGEMENT AUTHORITY fl•áff. .fl..U. ._-J

I

S DR MA 2400 Venture Oaks Way Suite 460


Board of Directors October 11, 1991

(President) Juan A. 1,opez Robot PUD Mr. Gordon Bennett P.O.BOX Muir Beach CSD Heber, CA 92249 Star Route, Box 221 (619) 353'0323

Sausalito, CA 94965 (Vice President) Art Holmes 34 Calls Sol Re: CERTIFICATE OF INSURANCE — SPECIAL EVENT LIABILITY San Clemente, CA 92672 PROGRAM (714) 498-1280

(Secretary) Dear Gordon: John Woolley Manila CSD l4tMelvenRoad Enclosed is the Certificate of Insurance which you should Arcata,CA95521 use in connection with the costume party/dance scheduled (707)445-8451 for October 26, 1991. You will need to fill in the James W.Towns location of the party/dance where the form shows Running Springs Water "location:". Otherwise, the Certificate is in order, P.O. Box 2206 Running Springs. CA92382 and will provide special event coverage for the district, (714) 867-2786 Messengers from the Heart, and the Community Center Bob Rawson Committee. The total cost for the program will be CuyamaCSD $170.00, including $100.00 for the legal liquor P.O. Box 353 endorsement and $70.00 for the event itself. That New Cuyama, CA 93254 (805) 766-2247 amount should be forwarded with your report when you are

next scheduled to provide one to us. Betty Harrison-Sinith P.O. Box 367 Shoals, CABBOS7 You should be able to take the enclosed Certificate to (916)246-1222 the ABC, in order to get your one day liquor licence to Earl F. Bare serve liquor at this event. For purposes of rating, the P.0. Box 1152 broker assumed that the revenues from liquor would be Hayfork. CA98041 $1,000.00 or under. (916) 628-5512

Administrator/BiskManager We enjoyed being able to assist you in this matter, and Richard K. Maddajena

hope our service was suitable to your needs. If we can provide additional information or assistance, please give me a call.

Sincerely,

'f-K. tflVaa~j Richard K. Maddalena, CPA Administrator/Risk Manager Rfl4: eab DistFile cc: Mr. Juan Lopez/Mr. John Wocl].ey/LE w/certif/10/10/91

In California: TOLL FREE NUMBER: (800) 537-7790 Elsewhere: (916) 641-2773 FAX: (916' 641-2776

AON ENTERTAINMENT, LTD, INSURANCE SERVICES Sacs 1554

CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM

PRODUCER: PUBLIC ENTITY (ADDITIONAL INSURED):

ROBERT F. DRIVER & COMPANY, INC. MUIR BEACH COMMUNITY SERVICES DISTRICT

NAMED INSURED (EVENT HOLDER): EVENT INFORMATION:

TENANTS / SPECIAL DISTRICT RISK MGT AUTH TYPE: Costume patty/dance

DATE(S): Oct. 26, 1991

LOCATION:_______________________________

This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Nothwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

INSURANCE CARRIER: AMERICAN ASLTY COMPANY OF READING, INC. 500 37 6

MASTER POLICY NUMBER: __G

MASTER POLICY DATES: EFFECTIVE: 02/01/91 EXPIRATION: _02/01/92

COMMERCIAL GENERAL LIABILITY General Aggregate Limit $ 1, 000 .000 Occurrence Form Products & Completed Operations $ 1,000 .000 Personal & Advertising Injury $1,000 ,000 Includes Legal Liquot Lia- Each Occurrence LImit ON bility @ $100 Fire Damage (Any One Fire) $ 50 .000 Medical Payments (Any One Person) $ 5 .000

$ .000 Coverage is primary and not contributing with any insurance maintained by an additional insured. The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event.

Vftuo is insured is amended to include, as an insured, the person or organization shown in this schedule, but only with respect to liabilitiy arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any *Occurrence* which takes place after the event holder ceases to be a tenant in that premises.

OTHER ADDITIONAL INSUREDS

MESSENGERS FROM THE HEART

COMMUNITY CENTER COMMITTEE

CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder and additional insureds listed.

AUTHORIZED REPRESENTATIVE: C

DATE ISSUED: 02/07/91

cNAIELI 13 CA

Minutes Regular Meeting of

The Muir Beach Community Services District

October 30, 1991


One vacancy

1. Call to Order The meeting was called to order by the Chair at 8:15 pm.

Gordon Bennett reported on the closed meeting which was held for the purpose of interviewing and considering the appointment of the District Assistant Maintenance Manager. By consensus of the Board, Harvey Pearlman was appointed and will begin November 1.

Gordon Bennett also reported that the Board reviewed letters from the County Counsel and an insurance claim on the District.The letters will be included in the next packet.

2. Approval of Agenda a) S. Shaffer made the motion to approve the agenda. E. Pinto seconds, ayes all.

3. Approval of Prior Minutes September 25, 1991 and Special Meeting October 16. a) S. Shaffer made the motion to accept the September 25 minutes. E. Pinto

seconds; ayes all. b) S. Shaffer made the motion to approve the October 16 Special Meeting

Minutes. J. Yamamoto seconds; G. Bennett, S. Shaffer ayes; E. Pinto abstains These minutes will be included in the November packet

4. Bills & Budget/Approval of Current Bills a) S. Shaffer made the motion to approve the current bills as submitted E. Pinto

seconds, ayes all. b) After some discussion it: the purchase of a Macintosh computer which became

available for a good price, J. Yamamoto made the motion to buy the $600 Macintosh computer. S. Shaffer seconds; ayes all.

c) J. Yamamoto made the motion to pay the dues of $100 to the California Special Districts Association. S. Shaffer seconds; ayes all. Hazel will pay the bill and will request the Associadon.Newsletter.

d) S. Shaffer made the motion to pay $150 for Motor Vehicle Tide Bond for the fire truck. Gordon Bennett will talk to Rob Allen to determine if this is an annual payment.

S. Roads and Easements a) S. Shaffer stated that a bill will be sent to John Schick for damage caused by a cement truck going over the side of the road on Charlotte's Way.

3

6. Fire Department a) Re: controlled burning on Mt. Tam - G. Bennett suggested that the Board may

want to take a position and voice it to the National Park Service. After some discussion G. Bennett agreed to solicit the MBVFD for their comments, and have them submit their recommendations/comments to the Board.

7. G & A Procedures a) Re: appointment of Robin Collier to the Board - it was agreed that he would take

the oath of office at the November CSD meeting. b) Re: letter[mvoice from the State of California/Office of Emergency

Services for $3,318.75 - S. Shaffer recalled that in 1983, a plan was arranged in which emergency funds were obtained in order to purchase picnic tables and park benches to be put in along Lagoon Way. The money was received, put in the general coffer and the benches and tables were never built After much discussion it was decided that (1) Henry Hyde will talk to Loretta Ferraro about obtaining Barbara Burke's files regarding the correspondence for the project; (2)5. Shaffer will call Gerry Pearlman to obtain his records; (3)0. Bennett will contact FEMA to obtain copies of invoices.

c) It was agreed by consensus that Gordon will ask Leslie Riehl to write an ad for the General Manager position to put in the paper.

8. Safety Insurance a) Independent Contractors vs. Employees - It was determined that the

independent contractors are Henry Hyde, Linda Moore, Juanita Gonzales, extra hire, 1 emergency back-up person, Bistro person and CSD dinner person. Hazel will talk to Eliapolous to determine if these people are independent contractors or employees of the CSD.

b) Re: District Injury and Illness Prevention Plan (requirements for new California safety laws) - Gordon stated that the person responsible for this and for signing the document should be the General Manager or a staff person.

c) DMV pullout - Hazel will fill out the form and send in to the DMV. Hazel will collect copies of driver's licenses and give information to Linda who will enter into the computer file.

d) Judith Yamamoto agreed to go to the November 12 SDRMA workshop on Claims Procedures and Safety Programs.

9. Water Department a) Henry Hyde reported that he had filed a letter of intent to the Division of Water

Rights to dig a new water well. Much discussion followed re: boundary of property line, possibilities of findings, and response from DWR decision re: water rights and classification of water supply as groundwater. Henry is hoping for a response by the November CSD meeting.

b) Re: the installation of an additional water meter at the Ranger House - according to research by G. Bennett, it was determined that property is not an annexation of the MBCSD, therefore to install a water meter is not the responsibility of the CSD. S. Shaffer made the motion that Henry Hyde write a letter to the GGNRA explaining this. E. Pinto seconds; ayes all

c) Re: Redwood Creek Watershed Planning Meeting on 8129/91 in which the MBCSD was not invited. After some discussion Gordon suggested that a letter be written to Glen Fuller of the Park Service stating that it is important for MBCSD to be invited to such meetings, and that there are concerns that the CSD is interested in addressing. Henry Hyde will draft a letter and send a copy to Erin and Steve.

4

10. Community Center Report a) It was agreed that the Walkathon Funds be rolled-over to the Children's

Program. b) G. Bennett reported that the playground is not zoned to be a playground.

It was agreed by consensus that Gordon will go to the County to (1) "grandfather" the playground through, and if that doesn't work; (2) fill-out the necessary application; (3) write a letter to the Board of Supervisors to get the fees waived.

c) Judith requested that the Community Center Committee sponsor a children's dance program. S. Shaffer made the motion to approve the sponsorship. E. Pinto seconds; ayes all.

d) Re: rental refunds - Gordon stated that Hazel will talk to Nancy for procedures.

e) S. Shaffer will ask Harvey Pearlman to remove the sink in the office room and to tighten/strengthen upper railing before the next meeting.

f) Re: maintenance agreement of copy machine - S. Shaffer suggested renewing the agreement on May 1. E. Pinto seconds; ayes all.

g) Discussion followed re: special event liability insurance. Gordon stated that when the CSD sponsors an event which offers alcohol, a liquor liability policy is required for the length of that event He stated that the SDRMA also suggested that in the case of other events (non-alcoholic), an extra rider be purchased for that event.

11. Community Interest Reports a) There was nothing to report.

12. Announcements a) S. Shaffer made the motion to move the November meeting to November 20.

Erin Pinto seconds; ayes all.

13. Emergency Items a) There was nothing to report.

14. Adjourn The meeting was adjourned at 11:40 pm.


J-iItii A'Lnuc Linda Moore, Recording Secretary

Gordon Bennett, Chair


L Box 221 STAR RO[TF SA1SALITO CALIFORNIA -04965

W 1 "MI ) OF I WHEt :ri )M

Regular Meeting of the Muir Beach Community Services District Board Community Center, 19 Seacape, Muir Beach. Wednesday, November 27, 1991. 7:00 pm

Directors: Gordon Bennett, Chair; Judith Yamamoto, Steve Shaffer, Erin Pinto; one vacancy.

AGENDA

1. Call to Order


3. Approval of Prior Minutes: October 30, 1991.

4. Bills & Budget/Approval of Current Bills

5. Community Center Report. Action Items: Rollover of Walkathon Funds; new income account; sprinkler system; Bistro Job Description; informational flyer; appointment of Janet Stump; special events liability insurance; CDBG allocations

6. Roads & Easements Report Action Item: Tree on Sunset Way

7. Fire Department. Report.

8. G & A/Procedures Action Items: Computer

9 Safety/ Insurance Report

10. Water Dept. Report.

11. Community Interest Reports.

12. Announcements.

13. Emergency Items.

14. Adjourn. -

REGULAR MEETING OF THE MUIR BEACH COMMUNITY SERVICES DISFRICI'

NOVEMBER 27, 1991

TABLE OF CONTENTS/BOARD PACKET

Agenda Item

2) Approval of Agenda November 20. 1991

3) Approval of Prior Minutes: October 30, 1991 ........................................................................ 3 Approval of Prior Minutes: October 16,1991 ........................................................................ 6

5) Community Center Report Status Report and Action Items ll/13 ........................................................................... 7 Sprinkler..................................................................................................................... 9 11/13 Health & Safety Report .....................................................................................13 Copier .........................................................................................................................14 BistroJob Description...................................................................................................17 11/8 letter from C. Bennett to County Counsel re: playground..........................................18 11/8 etter from C. Bennett to C. Giacornini ... playground ..............................................19

6) Roads & Easements ............................................................................................................20 Action Item: tree on Sunset Way ..................................................................................... 21

7) Fire Department Report Minutes, Drill and Call Record 10/11- 11/13.................................................................. 22 ActionItem .................................................................................................................. 24

8) G & A Procedures 11/11/91 letter from G. Bennett to Office of Emergency Services .....................................25 Memo from Robin Collier re: computer ........................................................................... 26 Alta California Special District Workshop ................................................................. 27

9) Insurance and Safety C. Bennettts letter of resignation to SDRMA.................................................................39 AccidentReport ...........................................................................................................40

10) Water Department Report 10/31 letter from State Water Resources Control Board ..... ,. .......................................... .41

Minutes Regular Meeting of

The Muir Beach Community Services District

October 30, 1991


One vacancy

1. Call to Order The meeting was called to order by the Chair at 8:15 pm.

Gordon Bennett reported on the closed meeting which was held for the purpose of interviewing and considering the appointment of the District Assistant Maintenance Manager. By consensus of the Board, Harvey Pearlman was appointed and will begin November 1.

Gordon Bennett also reported that the Board reviewed letters from the County Counsel and an insurance claim on the Disthct.The letters will be included in the next packet

2. Approval of Agenda a) S. Shaffer made the motion to approve the agenda. E. Pinto seconds, ayes all.

3. Approval of Prior Minutes September 25, 1991 and Special Meeting October 16. a) S. Shaffer made the motion to accept the September 25 minutes. E. Pinto

seconds; ayes all. b) S. Shaffer made the motion to approve the October 16 Special Meeting

Minutes. J. Yamamoto seconds; G. Bennett, S. Shaffer ayes; E. Pinto abstains These minutes will be included in the November packet

4. Bills & Budget/Approval of Current Bills a) S. Shaffer made the motion to approve the current bills as submitted, E. Pinto

seconds, ayes all. b) After some discussion re: the purchase of a Macintosh computer which became

available for a good price, J. Yamamoto made the motion to buy the $600 Macintosh computer. S. Shaffer seconds; ayes 'all.

c) J. Yamamoto made the motion to pay the dues of $100 to the California Special Districts Association. S. Shaffer seconds; ayes all. Hazel will pay the bill and will request the Association.Newsletter.

d) S. Shaffer made the motion to pay $150 for Motor Vehicle Tide Bond for the fire truck. Gordon Bennett wffl talk to Rob Allen to determine if this jsan annual payment.

S. Roads and Easements a) S. Shaffer stated that a bill will be sent to John Schick for damage caused by a cement truck going over the side of the road on Charlotte's Way.

3

6. Fire Department a) Re: controlled burning on Mt. Tarn - G. Bennett suggested that the Board may

want to take a position and voice it to the National Park Service. After some discussion G. Bennett agreed to solicit the MBVFD for their comments, and have them submit their recommendations/comments to the Board.

7. G & A Procedures a) Re: appointment of Robin Collier to the Board - it was agreed that he would take

the oath of office at the November CSD meeting. b) Re: letter[rnvoice from the State of CaliforniWOffice of Emergency

Services for $3,318.75 - S. Shaffer recalled that in 1983, a plan was arranged in which emergency funds were obtained in order to purchase picnic tables and park benches to be put in along Lagoon Way. The money was received, put in the general coffer and the benches and tables were never built After much discussion it was decided that (1) Henry Hyde will talk to Loretta Ferraro about obtaining Barbara Burke's files regarding the correspondence for the project; (2) S. Shaffer will call Gerry Pearlman to obtain his records; (3)0. Bennett will contact FEMA to obtain copies of invoices.

c) It was agreed by consensus that Gordon will ask Leslie Riehi to write an ad for the General Manager position to put in the paper.

8. Safety Insurance a) Independent Contractors vs. Employees - It was determined that the

independent contractors are Henry Hyde, Linda Moore, Juanita Gonzales, extra hire, 1 emergency back-up person, Bistro person and CSD dinner person. Hazel will talk to Eliapolous to determine if these people are independent contractors or employees of the CSD.

b) Re: District Injury and illness Prevention Plan (requirements for new California safety laws) - Gordon stated that the person responsible for this and for signing the document should be the General Manager or a staff person.

c)DMv pullout - Hazel will fill out the form and send into the DMV. Hazel will collect copies of driver's licenses and give information to Linda who will enter into the computer file.

d) Judith Yamamoto agreed to go to the November 12 SDRMA workshop on Claims Procedures and Safety Programs.

9. Water Department a) Henry Hyde reported that he had filed a letter of intent to the Division of Water

Rights to dig a new water well. Much discussion followed re: boundary of property line, possibilities of findings, and response from DWR decision re: water rights and classification of water supply as groundwater. Henry is hoping for a response by the November CSD meeting.

b) Re: the installation of an additional water meter at the Ranger House - according to research by G. Bennett, it was determined that property is not an annexation of the MBCSD, therefore to install a water meter is not the responsibility of the CSD. S. Shaffer made theinotion that Henry Hyde write a letter to the GGNRA explaining this. E. Pinto seconds; ayes all

c) Re: Redwood Creek Watershed Planning Meeting on 8t29191 in which the MBCSD was not invited. After some discussion Gordon suggested that a letter be written to Glen Fuller of the Park Service stating that it is important for MBCSD to be invited to such meetings, and that there are concerns that the CSD is interested in addressing. Henry Hyde will draft a letter and send a copy to Erin and Steve.

4

10. Community Center Report a) It was agreed that the Walkathon Funds be rolled-over to the Children's

Program. b) Cl. Bennett reported that the playground is not zoned to be a playground.

It was agreed by consensus that Gordon will go to the County to (1) "grandfather" the playground through, and if that doesn't worlq (2) fill-out the necessary application; (3) write a letter to the Board of Supervisors to get the fees waived.

c) Judith requested that the Community Center Committee sponsor a children's dance program. S. Shaffer made the motion to approve the sponsorship. E. Pinto seconds; ayes all.

d) Re: rental refunds - Gordon stated that Hazel will talk to Nancy for procedures.

e) S. Shaffer will ask Harvey Pearlman to remove the sink in the office room and to tighten/strengthen upper railing before the next meeting. Re: maintenance agreement of copy machine - S. Shaffer suggested renewing the agreement on May 1. E. Pinto seconds; ayes all.

g) Discussion followed re: special event liability insurance. Gordon stated that when the CSD sponsors an event which offers alcohol, a liquor liability policy is required for the length of that event. He stated that the SDRMA also suggested that in the case of other events (non-alcoholic), an extra rider be purchased for that event.

11. Community Interest Reports a) There was nothing to report.

12. Announcements a) S. Shaffer made the motion to move the November meeting to November 20.

Erin Pinto seconds; ayes all.




MI/LA /VLn* Linda Moore, Recording Secretary

Gordon Bennett, Chair

5-



OCTOBER 16, 1991



2. Approval of Agenda a) It was requested that the order of the Agenda be changed as follows: 1. Community

Center Report .2. General Manager Job Description.. 3. Employee or Independent Contractor?. 4. Safety Recommendations S. Shaffer made the motion to approve the agenda as amended; E. Pinto seconds; ayes all.

3. Community Center Report a) G. Bennett had concerns it: liability for Special Events stating that the CSD liability

insurance does not cover events sponsored by the CSD in which alcohol is available. After much discussion, it was decided that the Halloween Partyl'Messengers from the Heart" would be a non-alcohol event, and that people could "Bring Your Own Bottle." S. Shaffer made the motion that the CSD agrees to co-sponsor the Halloween Party with Messengers from the Heart provided that no alcoholic beverages are furnished by either the CSD or Messengers from the Heart. J. Yamamoto seconds; ayes all.

b) S. Shaffer requested that a policy be established for events using co-sponsorship with the MBCSD, and that there be Board approval for these events. This will be an agenda item for another meeting.

4. General Manager Job Description a) Discussion followed and changes were made to the job description. G. Bennett will

ask the retired Novato City Manager to review the job description after the changes are made. The Board commended Leslie Riehl for doing a great job on the outline for the description.

S. Agenda items Safety Recommendations and Employee or Independent Contractor will be added to he the October 30 agenda.


êpectfull Submit s ted,,


MUIR BEACH COMMUNITY CENTER COMMITTEE STATUS REPORT. 11/13/91

PRESENT: Nancy Knox, Russ Munsell, Janet Stump, Kathy Sward, Judith Yamamoto

TREASURER'S REPORT:

1. ACTION ITEM: Roll-over of 1990-91 Walkathon funds ($640): postponed from 10/30/91 CSD meeting. G. Bennett will research amount of Walkathon funds remaining after Rec. Programs (Bistro) Acct. #2041 is reimbursed for expenses over $500 during FY 1990-91.

2. ACTION ITEM: Recommend that the CSD open an income account for Other Programs & Related Expenses.

3. The Community Center Cleaning Person had not been paid for October 1991, as of 11/12/91.

EOUIPMENT & SUPPLIES: Acct. #2366

1. Light bulbs in Community Center should be replaced with long-shanked bulbs.

COPIER: Acct. #2037

1. Copier Questionnaire memo, describing results of questionnaire sent to copier users on 10/22191 it: shared use of office by copier users and CSD staff, was discussed and approved (attached). Committee recommends posting a sign-up sheet for reserved copier use in the office.

MAINTENANCE: Acct. #2096

1. ACTION ITEM: Automatic sprinkler system at the Community Center Firemaster contract for work on the Community Center sprinkler system was received. In May 1991 the CSD paid $363.97 for work on the sprinkler system. Completion of job will cost $795.

2. floor maintenance ($300 budgeted): Total spent is under budget, about $225.

1. ACTION ITEM: Bistro (Acct. # 2041): Committee recommends approval of Bistro Job Description (attached).

2. ACTION ITEM: Committee recommends sending an informational flyer to all residents re: programs and services available at the Community Center.

3. Barefoot Dancing (Acct. #2380): Sponsored by CCC. No rent; teacher's fee of $25/session for 6 weeks ($150) is being paid out of Acct. #2380; parents' contributions of $2.50/session will be put in a new, income account. Eleven children participated at first session (11/6/91).

4. Children's art supplies (Acct. #2380): Debra Allen asked if the parents signed up in Children's Room Drop-in Program could be reimbursed for children's art supplies, approximately $15. Committee approved request.

7

PROCEDURES:

1. ACTION ITEM: New Committee Member. Janet Stump has offered to serve on the Community Center Committee. The Committee is delighted, and requests appointment by the CSD.

2. The meeting date for Community Center Committee meetings has been changed to the second Wednesday of the month, at 11 am., at the Community Center.

3. The Committee has put its policies and forms on disc. At the next meeting the Committee will review progress made in hiring a General Manager, and discuss whether it should update policies and forms.

4. ACTION ITEM: The Community Center Committee recommends that the subject of special events liability be researched by the Community Center Committee, including a. the possibility of an annual special events liability premium and b. investigating procedures followed by other community centers.

IMPROVEMENTS: Acct. #4045 and Acct. #4048 (Bldg. Facilities)

1. ACTION ITEM: Window insulation (CSD #4045:$1500): Job has been completed. Total cost was $1235.42. Since $1500 was allocated and since we are short by approximately $225 of the amount needed to insulate the floor, the CCC requests that the $264.58 not spent on window insulation be used for floor insulation.

2. Office Renovation (Acct. #4048): Work started on 11/13/91.

3. Skylights for main room (CDBG: $3005): Work will start soon.

ACTION ITEMS:

1. Roll-over of 1990-91 Walkathon funds ($640).

2.New income account for Other Programs & Related Expenses.

3. Firemaster contract for work on the Community Center sprinkler system.

4. Approval of Bistro Job Description (attached).

5. Informational flyer to all residents ye: programs and services available at the Community Center.

6. Appointment of Janet Stump to Community Center Committee.

7. Research special events liability insurance.

S. CDBG grant allocations.

attached: Copier Questionnaire Memo Bistro Job Description

2

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We herewith agree to perform the following work and service for you and to furnish materials and labor necessary thereto:

Based on our survey of: 19 Seascape, Muir Beach

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Remove Fire Dept. Connection from main drain outlet and re-locate to sprinkler riser above main control valve.

Install check valve between fire department connection and point of connection to main riser as required by NFPA 13.

Cost of job: $ 795.00

Terms of payment: 30 days from date of invoice.

This agreement shall be for an initial term of one year and shall automatically be renewed for one (1) year and from year to year thereafter, unless

No either party notifies the other in writing, of its intention to terminate this agreement, not less than sixty (60) days prior to the expiration of the

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1. Receipt of copy Customer acknowledges receipt of copy, and that he understands all of this agreement and particularly paragraphs 3. 4 and 5 which sets forth Company's maximum liability.

2. Limited warranty: All material and replacement components installed are warranted to be as specified in accordance with the manufacturer's specifications and shall include manufacturer's warranty. All work in the service and maintenance of the system shall be completed in a work-manlike manner according to standard practices. Customer shall assume all risk for loss or damage to his premises or its contents and except as expressly set forth herein, company makes no express or implied warranties as to any matter whatsoever, including, without limitation, the con-dition of the equipment its merchantability or its fitness for any particular use Customer acknowledges that there are no representations or warranties, express or implied, which extend beyond those on the face of the agreement hereof.

EXPIRATION DATE JCUSTOMER AGE NI DATE

P'° SEE OTHER SIDE Rick Zobelein Life Safety Sales I

PER FORMA)JQECERTIFICATE IN ACCORDANCE WITH TITLE 19,

SUBCHAPTER 5, CALIFORNIA ADMINISTRATIVE CODE AND MUNICIPAL FIRE CODE

LOCATION

19 Seascape SPRINKLER SYSTEM

0 ctss I - DRY STANDPIPE SYSTEM

DCLASSII - WETSTANDPIPESYSTEM

CLASS III - COMBINATION STANDPIPE SYSTEM

0 CLASS IV - COMBINED (STANDPIPE SPRINKLER) SYSTEM

0 OTHER-SPECIFY__________________________

Muir Beach, Ca OBA PHONE

Community Center ( ) 389-1828 RESPONSIBLE PERSON/AGENT Gordon BennettMuir Beach Comm. Services MAILING ADDRESS

Box 221 Star Route CITY STATE ZIP

3audlite, Ca 9465 DEFECTS FOUND

1) sprinkler gauge defective

2) Main control valve not secured in open position

3) Fire Dept. Connection plumbed into end of main drain

4) Low water pressure - 15 psi resicii,al

- REPAIRS MADE

1 & 2) repairs made

3 & 4) no repairs this date

CERTIFICATION

I HEREBY CERTIFY THAT THE FIRE PROTECTION EQUIPMENT INDICATED ABOVE HAS BEEN TESTED IN ACCORDANCE WITH THE CALIFORNIA ADMINISTRATIVE CODE TITLE 19 SUBCHAPTER 5 AND THE MUNICIPAL FIRE CODE.

ALL NECESSARY MAINTENANCE AND REPAIRS HAVE BEEN MADE IN COMPLIANCE WITH THE CALIFORNIA ADMINISTRATIVE CODE TITLE 19 SUBCHAPTER SAND THE MUNICIPAL FIRE CODE.

INITIAL TEST1NG/)ATE

1

FINAL TESTING DATE

SIGN.o)1v4 SIGNATURE TITLE -

TESTING AGENCY

MASTER PROTECTION CORPORATION

I LICENSE NO.

I

I ADDRESS PHONE

I FIRE DEPARTMENT USE ONLYtz' -.t ''T.

FIRE DEPT. PHONE NUMBER 1INSPECTOR - ASSIGNMENT - -,

M1704 3/91 WHITE - ORIGINAL OFFICE CANARY - FIRE DEPT. COPY PINK - CUSTOMER COPY -

FI.'Yy nN-aTaawY - - . ..

CflreI%tastejfl

FEC PRYI'ECl'ION SEMI NM

Fire Sprinkler Systems *eiftsfe?

Typical Wet Pipe Fire Sprinkler System

WET PIPE SPRINKLER SYSTEM: A system employing automatic sprinklers attached to a piping system containing water and connected to a water supply so that water discharges inuediately from sprinklers opened by a fire.

DRY PIPE SPRINKLER SYSTEM: A system employing automatic sprinklers attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) permits the water pressure to open a valve known as a Dry Pipe Valve. The water then flows into the piping system and out the open sprinkler.

PRE ACTION SYSTEM: A system employing autocratic sprinklers attached to a piping system containing air that nay or may not be under pressure, with a supplemental fire detection system installed in the sane areas as the sprinklers. Actuation of the fire detection system opens a valve that permits water to flow into the sprinkler piping system and to be discharged from any sprink-lers that may be open.

DELUGE SYSTEM: A system eiploying open sprinklers attached to a piping - system connected to a water supply through a valve that is

opened by the operation of a fire detection system installed in the sane area as the sprinklers. ?en this valve opens, water flows into the piping system and discharges from all sprinklers attached thereto.

11

ITEM DESCRIPTION I 1 Check Valve 2 Retarding Chambc Drain 3 Bail Drip 4 Fire Department Connection 5 Retarding Chamber 6 Alarm Line Strainer 7 Pressure Switch B Water Gauge (2 Required) 9 Check Valve

10 Water Motor Alarm 11 Tee Connection 12 Wet Pipe Alarm Valve 13 Main Drain Valve 14 Alarm Test Valve 15 Main Drain 16 Riser from Main Water Supply

LITEM I DESCRIPTION 1 Ball Drip 2 Fire Department Connection 3 Check Valve 4 Electric Alarm Bell 5 Water Flow Indicator 6 Tee Connection 7 Water Gauge 8 Tee Connection 9 Main Drain Valve

10 Main Drain (Flow Test Line) 11 Check Valve 12 Riser from Main Water Supply

WET PIPE FIRE SPRINKLER SYS'I4

Alarm Trim

Water Motor (mechanical) Alarm Electric Flow Alarm

j2-

MUIR BEACH COMMUNITY CENTER HEALTH & SAFETY REPORT. 11/13/91

I. Railing on top segment of Community Center stairs has fallen down. Person repairing it should consult with Gary Smith, who installed it.

13

Memo to: CCC

Date: 11/1 1/91 From: Judith Re: Copier Questionnaires

On 10/22/91 the attached letter and questionnaire was sent to about 40 copier user card holders, re: shared use of the office by copier users and CSD staff. As of 11/11/91, ten completed questionnaires were returned.

The overwhelming response is that our users do not use it on a scheduled basis; that they use it for short periods of time; and that they are willing to be flexible and share the space with others dropping in (many, including the Beachcomber, voiced the sentiment, "keep restrictions at a minimum"). One respondent, speaking for those working out of home offices, wrote that a sign-up sheet to reserve space for big jobs was a welcome idea. Also, the ability to spread out material (have a large work area) was desired by this respondent. Another person would use the copier more if the price was 60/copy. The MBVFD was concerned that access to copier cards not be changed in the office reorganization.

The Seacape Architectural Committee suggested that we send out an information flyer to all residents with the following items:

I. Services available and where

2. Schedules of times available for each service

3. Cost of each service

4. Reservation procedures

5. Other procedures re: keys, cards, etc.

October 17, 1991

Dear Copier User Card Holder,

At its May 29, 1991 regular CSD meeting, the MBCSD Board adopted "Plan B" as the design for an interim CSD office. We have been moving in the direction of a community office over the last three years, with the acquisition of a copier and the installation of community files. However, Plan B will provide Muir Beach with its first real administrative office, including extensive files and more office equipment.

In addition, the mezzanine in the main room of the Community Center will be vented and lighted with a skylight (Block grant funds) and its use as a small conference space will augment the new CSD office.

Plan B is the best of some four alternatives that were studied, but it is not perfect. In order to provide as spacious a work area as possible there will be no partition between a private CSD office and a public use area, where the copier is located. Instead, a locked cabinet will be built along the back wall, replacing the present one. The new cabinet will house files, storage space, a desk, and office equipment. Drawings are not yet finalized, but current plans envision removal of the sink and extension of the present counter.

Our main concern is this balance of space and privacy (reserved use). Past experience suggests that the space can easily be shared by both CSD staff and drop-in community copier users. The present plan is to schedule reserved use and post the schedule in the copier room; for instance, from S am to 2 pm on the Friday before the last Wednesday of the month the office will be closed to general use while the recording secretary is assembling CSD packets. Community copier users can also schedule reserved use of the copier.

This improved office will be a wonderful new asset for our community. We look forward to completing it in time to install a Muir Beach General Manager in it, and we are hopeful that with an attitude of flexibility and searching for creative solutions, we will be able to meet the needs of all the users of this space.

To assist us in scheduling reserved use of the office, we are asking all copier users to fill out the following questionnaire and to return it to Box 207 as soon as possible. Thank you for your cooperation.

10/6/91

COPIER USE QUESTIONNAIRE

1. How often do you use the copier?

2. For what periods of time do you use the copier (10 minutes, 2 hours, combinations)?

3. What times of the day or night do you use the copier?

4. If you have, or could develop, a regular schedule for your copier use, what is it or what would it be?

5. List any concerns you may have about space-sharing in the CSD office.

6. List any ideas you may have that will facilitate this use for all community users.

b

Please use the hack of this nave if von need more snare. Thank von!

BISTRO JOB DESCRIPTION

Hours: 9:30-11:00 am every Wednesday morning, plus time for other Bistro tasks (see below).

Pay: $30/week.

Qualifications: Friendly personality, ability to get along with people; food service experience helpful but not required.

Job Description: This is a community outreach program whose purpose is to bring the community together. Bistro person operates weekly program at the community center.

Tasks:

1. Post Bistro posters on Tuesday morning.

2. Purchase supplies as needed. Supplies include baked goods from True Confections, half & half and low fat milk, tea bags, coffee from the Coffee Roastery, butter, jams, and the Wednesday Chronicle, Pacific Sun, etc. Baked goods from True Confections must be ordered on the Tuesday preceding each Wednesday's Bistro. Report to Community Center Supplies Person when rugar and paper napkins runlow.

3. Set up and serve each Wednesday morning. Bistro hours are from 9:30-11:00 am.

4. Collect money from Bistro customers.

5. Clean up and put away Bistro operation.

6. Keep Bistro accounting. Bistro funds to supplement those collected from patrons are advanced when requested from the CC Committee/CSD General Manager. The Bistro Person pays her/his wages from the Bistro funds and keeps a record of income and expenses, including receipts, with a copy to the Community Center Bistro file each month.

7. Be responsible for the laundering of Bistro dishtowels (however many are used each week).

8. If Bistro needs to be moved to Children's Room because the main room is in use, assistance will be provided.

11/14/91

196-


Box 221 • STAR ROUTE . SALISALITO CALIFORNIA . 96S

?3(JAM) (IF IWHECT(WtS

November 8. 1991

e, County Counsel Civic Center Suite 342, San Rafael, CA 94903

Dear Ms. McBride:

Muir Beach Community Services District is planning to renovate and restore an existing playground adjacent to its former ChildCare acility its Community Center at 19 Seacape, F'tiir Beach. The current playground, as everything at Muir Beach, is located on a steep slope, which makes a handicap ramp exceptionally expensive (i.e. it makes a $20,000 job into a $40,000 job). The District's playground committee has spoken to various people in Sacramento regarding this question. Based on their responses and our understandings of the new California Senate 8111 42733 and the new Federal American Disability Act 412692, we believe that if the District:

1) uses no Federal or State money, and 2) begins physical construction prior to 1/26/92. and 3) documents that handicap access creates significant

additional cost,

then the District can be exempted from the State law mandating handicap access provided that by 7/26/95 it "retrofits with reason to allow handicap use.

We believe that a $20,000 retrofit (equal in cost to the original $20,000 playground) will not be deemed "within reason". Although we would not be providing a ramp, we believe that the retrofit requirement can be satisfied by air making a portion of the play equipment wheelchair accessible by using special playground surfacing in place of the sand used as surfacing around the other equipment.

Sacramento has advised us to obtain from your office a written opinion that confirms the above, so that we can proceed with the project with a clear understanding of what air future responsibilities will be. For your assistance, our Sacramento contacts were: Odell King 916-653-8758 and Richard Barton 916-653-9870.

If you have any questions on this matter, please contact Leslie Riehl, chair of the Playground Committee at 381-6349. Sincerely,

Gordon Bennett, MBCSD )'J &Y)4


BOX 221 • 577tH ROt it • SAL1SALITO. CALIFORNIA • Q4965

SLiMS) OF DIRECTORS

November 8, 1991

Gary Giacomini Board of Supervisors Civic Center San Rafael, CA 94903

Dear Gary:

The Muir Beach Community Services District is planning to renovate and restore an existing playground adjacent to its former Child Care facility its Community Center at 19 Seacape, Muir Beach. Although we believe that the playground was included in the original use permit for the Child Care facility, we understand that we may be required to pay zoning application fees ($1800), Design Review Fees ($600), Coastal Permit Fees ($600), Environment fees ($100). and Building Permit Fees. These fees are a an immense hardship on a small community such as ours, and, if incurred, would themselves constitute a major portion of our playground costs.

We therefore ask the Board to waive such fees as are within their power to do so, to waive as many applications and hearings as possible, and to generally help us expedite the reconstruction of our playground.

The details of the Playground are being handled by Leslie Riehl at 381-6349. Please contact her if you have any questions.

Sincerely,

fiQyeA cy9kz

Gordon Bennett, Chair MBCSD

11/21/91

ROADS & EASEMENTS REPORT 10/30 - 11/21

Hàtvey PeaLiMai ièp1aced Regan McNiel as Assistant Water Manager at the beginning of the month.

PROJECTS COMPLETED:

Installed non-skid strips to upper stairs at Community Center.

Replaced light bulbs at Community Center.

ONGOING PROJECTS:

Started repair work on railings at Community Center.

BOARD ACTION:

Attached letter

RECOMMENDATIONS:

Board should call P G & E and PacBell for tree trimming or removal. PG&E uses Davey Tree Co. and paid all costs for branch removal near their lines on Pacific Way.

November 12, 1991

To: Muir Beach CSD Board Members

From: Cunvor Nelson

I feel threatened by a large fix tree standing across the road from my carport on 209 Sunset Way. Some of its heavy long limbs are reaching over the road into the electric and telephone lines and over my property. Other limbs are dead and are obviously ready to fall. This old tree is dangerous in my opinion. Can you do something about this problem?

24

Muir n'4t ½luntetr Fire D.p*StTbet



MEETINGS;

10-21-91 Attending: Parkas, Allen, Sward, F. Smith, Collier, Marshall

Discussion: Critiques of previous calls, and hose test. Report on Engine 680 condition. Allen Report on registration progress. Allen. Plans for Fire Safety Day Nov. 2 9-2:30. Pumper test set for Nov. 23. Allen, Parkas and Marshall to attend at Woodacre Fire Station.

Activities: Hung hose for drying.

DRILLS:

10-14-91 Attending: Allen, Lanier, F. Smith, Collier, Felix, Marshall,

Moore.

Activities: Engine 680 to Throckmorton Fire Station for fire hose pressure test. Tested and labeled hose. Recorded results. Decommissioned failed hose.

11-2-91 Attending: Parkas, Allen, Lanier, Marshall, Collier, Felix,

Moore, Sward.

Activities: Fire Safety Day. Firemaster Co. sold and serviced over 75 extinguisher. Relocated the siren speaker on Squad 660. Reorganized EMS equipment on 669. Reorganized Firefighting gear on 660. Dried, labeled and rolled recently tested hose. New railing for upstairs meeting area.

11-3-91 Attending; Farkas, Allen, Lanier, Moore.

Activities: 2xs 2man hose lay with Engine 680. Ran and tested portable pump on Squad 660.

22-

DRILLS CONTINUED

11-11-91 Attending: Farkas, Allen, Sward, Moore, Felix, Collier,

F. Smith, Marshall, Lanier Also Attending: Captain Frank Neer MCFD.

Discussion: Need to move T-shirts. Moore, F. Smith. Engine 680 to get smog check. Allen. Captain Neer report on Mann County strike team at recent Oakland fire. EMIT Class set for Jan 8th 1992. Allen.

Activities: Videos on forcible entry to structure and vehicles. Vehicle extrication.

CALLS:

10-11-91 Broken Water Line I Sunset Responding: Allen, Sward. Details: Volunteers provided lighting for repair work.

10-20-91 Motorcycle Accident I Hwy 1 Responding; Allen, Parkas, Lanier, Marshall. Details: Solo motorcycle accident. Patient was found to have possible wrist fracture. Volunteers splinted injury and awaited county transport.

10-20-91 Sparking Power Line / Sunset Responding: Parkas, F. Smith, Collier, Felix, Lanier. Details: In hot dry wind a pine branch was sparking and flaming against a power line on Sunset. Volunteers responded with Engine 680 and monitored situation until PG&E arrived to cut away branches.

10-25-91 Locked Car Blocking Street / Sunset Responding: Parkas. Details: A tourist left a running car in the middle of Sunset, then locked herself out. Chief Parkas called for county and passerby assistance in opening the car door.

Memo to: CSD Board From: Judith Yamamoto Date: 11/19/91

Re: Items for discussion and possible action, Agenda item #7, (i&A Procedures: Health Insurance for Volunteer Firemen; Bimonthly Billing; Cost of Agenda/Minutes Packets; ad for District General Manager

1. Clarification of status of health insurance for volunteer firemen: does health insurance for volunteer firemen exist, what does it provide, and how may volunteer firemen participate in it?

2. Bimonthly billing: Bimonthly billing is about to go into effect, and several residents have expressed their doubts about this change tome. I would like to discuss the benefits and drawbacks in more depth. Does the monetary saving outweigh 1. monthly leak detection, 2. monthly reading of Muir Beach water consumption, and 3. difficulty in paying bimonthly bills for low-income users?

3. Cost of Minutes/Agenda Packet: A resident has requested a free minutes/agenda packet. Does the advantage of charging $10 per minutes/agenda packet outweigh the disadvantage of no longer providing free information re: the discussions and actions of the CSD Board to all who wish to be so informed? I am impressed with the fact that we do not now have enough budget funding for major future expenses, such as the replacement of the upper water tank (part of the Harris Plan) and long range improvements not included in the Harris Plan (i.e., transmission lines replacement); nor do we have a contingency fund that is sufficient for unplanned budget expenses or emergencies. I believe future budget sessions must deal with ways to remedy these budget lacks. On the other hand, I believe that access to information provides us with an informed electorate that can assist the Board in its deliberations. Our taxes should include this service.

4. Here is a copy of the ad for District General Manager that Leslie Riehl and I wrote. I sent it to the CSDA Newsletter and Jobs Available on 11/21/91.

District General Manager. Muir Beach Community Services District, Muir Beach, CA. Overseeing four District operations; water, roads, fire and recreation. Must have previous management experience with strong administrative and people skills; and working knowledge of cost accounting, grant writing, and budgeting. Will assist District development of long range plans and written polices, and will supervise a District Secretary, Water Manager, Maintenance Manager, temporary help and volunteers. APPLY BY: immediately. APPLY TO: Send resume and three work-related references to Muir Beach Community Services District, Star Route #221, Muir Beach, Ca. 94965.


BOX 221 • STAR ROUTE SAL'SALITO CALIFORNIA . 965

1k 1AM!) OF DIRECTORS

November 11, 1991

State of California Office of Emergency Services 2800 Meadowview Road Sacramento, CA 95832 Attn: Kathie Robinson, Senior Accounting Officer

RE: Federal/State Disaster Assistance Agreement flFEMA-677-DR Public Law 93-288 Applicant: Muir Beach Community Services District FIPS # 041-91052

Dear Ms. Robinson:

In response to your letter of October 16. 1991 requesting the District's immediate payment of $3,318.75: Barbara Burke, the District Board member and chair that we believe originally requested this money, no longer resides in our District. Since our District does not have an office, and records have been kept in individual's homes, I regret to inform you that we do not have any information concerning this money. In order for the District to respond to your demand, the District Board requests from you copies of all paperwork that your office has on this matter, including but not limited to: the original FEMA application, all invoices, all receipts, all claims, copies of checks disbursed, etct

Lastly, as the result of new elections in our District, I will no longer be on the District Board. I suggest that all future correspondence to the District Board be directed to our District Secretary, Hazel Melo at 221 Star Route, Muir Beach, CA 94965.

Sincerely101Q 6nil?1 Gordon Bennett, former Chair MBCSD

15

Memo from Robin Collier to MBSCD Board Subject: Purchase and upgrade of Macintosh Plus computer

I have been asked on what is needed to upgrade the Mac Plus that the Board purchased at the last meeting. Since I was not present at the meeting when the decision was made to purchase it, I am unclear as to the ultimate function it is supposed to perform. I believe that a full discussion of this should have preceded it's purchase in the first place, since the cardinal rule of computer purchase is: 1. Determine functions that computer software must perform and the appropriateness of computerization of those functions. 2. Choose best software value to perform the functions. 3. Choose best hardware for the software. Since this seems to be simply a effort to make a bargain purchase without going through a regular planning process, these steps were apparently skipped.

As configured with 1 meg of Ram and one 800 K Floppy drive, the Plus is only useable using one of Apple's older systems software and application software of similar vintage. (System 3.2 & Finder 5.3 with Microsoft Word 3.02 can be used for Word Processing for example). Running current software requires at least the addition of more RAM memory (upgrading to 2.5 megs would cost $100 to $130 ). If you try to use current software without this extra memory, you will be constantly putting disks in and out of machine until you are ready to throw it out the window. The Mac is only really usable with the addition of a hard drive (From $300 to $500 depending on storage capacity) and a printer ( minimum Hewlett Packard Deskwriter $400 recommended Postscript Laser $1200 - $1800). Minimal software purchase would be Microsoft Word and Excel (spreadsheet) at about $245 and $309 each. Total cost with a 40 meg hard disk, 2.5 megs ram, Deskwriter and software would be about $1,500.

We have not budgeted for any such purchases and I believe should not without full consideration of ultimate use, security issues, software, etc. I would recommend immediately upgrading of the memory to 2.5 megs as this greatly improve the functionality of the computer for Linda's work, and be fully recoverable if you should decide to sell it. The purchase price of $500 is about the current market for a used Mac Plus, since you can purchase a new Mac Classic with year warrenty, 2 megs and no hard drive for about $850.

RAI

11/10/91

Memo to: MBCSD From: Judith Yamamoto and Erin Pinto Re: 10131/91 Alta California Special District Seminar Workshop for Special District Directors & Staff

Notes:

A. Seminar was attended by directors, general managers, district secretaries, and a preponderance of fire department personnel.

B. Powers given CSDs come from:

1. Enabling Act, which tells what CSDs can do and how to do it. It is contained in Deering's Government Code Section 6100. Judith has been trying to get a copy of this since last September. It is one volume in a very large set, and Bancroft Whitney's sales rep has so far been unsuccessful (the company doesn't want to break up the set). Judith xeroxed most of the book (it is in the County Law Library), and we may have to make do with this version: she will also pursue getting a copy of West's government code. We should also xerox the supplements, which come out every 6 months.

2. Petition for Formation, which designates powers granted by the Board of Supervisors. This is now in our files. There are no latent powers in our Petition for Formation. We began with water only ("To supply the inhabitants of the District with water for domestic use, irrigation, sanitation, industrial use, fire protection and recreation"). New powers can only be added by a vote of the community. Muir Beach has added three powers: recreation, and roads & easements (1969), and fire protection (1971).

3. Doctrine of Limited Jurisdiction. This is a type of common law, and is part of the Enabling Act (the "other" at the end of Enabling Act chapters). Because the Enabling Act and Petition for Formation don't cover everything CSDs can do, the Doctrine of Limited Jurisdiction says that CSDs have the authority to carry out their powers, to do what is necessary to fulfill their functions.

C. Board of Directors

1. Can only act at a legal meeting. In some cases a chairman may act on his own between meetings, but he should first call other directors and ask them if they would like a special meeting or if he should act on his own. A legal meeting occurs any time a quorum of the Board discusses or transacts business.

2. Cannot hold serial meetings. Before 1985 a serial meeting could be held just to impart information; after that date all serial meetings became illegal.

3. ABoard can act in two ways:

a. By motion and vote (motions, resolutions, orilinances).

b. By commitment. If Board says "Put it on the agenda for next month and well take action on it", the Board must take action on it at the next meeting. Better to say, "We'll discuss this at the next meeting and possibly take action on it."

4. Board functions:

a. Establishes policy

11.

(1) Written

(2) In compliance with law

(3) Flexible. Put in loose leaf notebook, review annually - laws or regulations may have been changed. Put a portion of the policy on the agenda at a time.

(4) Where do policies come from? They may come from staff or Board at a Board meeting. Chairman of Board instructs staff to come up with the wording, bring it back to Board for final OK.

b. Approves organizational structure

(1) Number of employees. Check Enabling Act requirements. Board enforces requirements by providing budget for employees.

(2) Hires and fires and evaluates the General Manager. This is the one person the Board must hire and fire -- all other hiring and firing (and evaluating) may be done by General Manager.

c. Accepts responsibility for finances of District.

(1) Sets the annual budget. Budget is drawn up by staff.

(2) Monitors finances. Board sets budget, gives it to staff. Staff spends within budget. Board doesn't have to OK monthly payment of bills. The General Manager makes decisions and OKs payment of bills (he should have a six-month trial period for OKing bills). The GM should give a monthly statement to the Board consisting of five columns: line items, amount spent in past month, amount budgeted for item for fiscal year, total spent in current fiscal year, % of budget item spent in current fiscal year. The last column is the one of most interest to Directors.

(3) Chooses auditor. Be sure he has no relationship to anyone on the Board.

(4) Sets fees. Staff presents figures; Board decides.

5. Long range plans. May be done by Board or by professionals such as civil engineers, etc. Usually cannot be done at regular meetings, especially if Board (and staff) is doing most of the work. Board may set aside budget funding for public Board "retreats", hiring civil engineers, etc.

6. Meeting procedures

a. Chooses officers of the Board (may be in Enabling Act). Secretary to the Board takes Board minutes or is responsible for their being taken. May be the District Secretary.

b. Establishes committees (check with Enabling Act, although usually not mentioned there): which committees, who serves, whether they are ad hoc or permanent. If a quorum of the Board is on the committee, or if someone other than a director is on the committee, it is an advisory committee which must comply with Brown Act regulations. To avoid such compliance, committee may be composed of less than a quorum of Board,

2

with all others serving as staff (non-voting) to the committee, If Committee is developing legislation to be adopted by the Board, it may be a good idea for it to be subject to the Brown Act.

c. Establishes written policy re: officers (rotating chairmanship, whether chairman may vote).

d. Establishes voting procedure. Chairman may call for vote by roll call or consensus (roll call vote must be announced after closed session for firing or hiring). if someone abstains from voting she/he doesn't have to say why.

e. Robert's Rules of Order. Board decides whether or not it wants to operate under Robert's Rules of Order, and under which edition (you can't say, "We sort of run by Robert's Rules"). Problem: Robert's Rules is too big. Most Districts take what they want and make it part of their policy.

f. Establishes place of meeting.

g. Structures participation of the public at meetings: may be in the beginning of the meeting, with each agenda item, at end of meeting. Include it in written policy, i.e., place on agenda, how long speakers may speak, no actions can be taken on items not on the agenda. An item called "Public Comment Period" (or similar title) should be on each agenda, and may include policy statement: "Public Comment Period. Speakers will be limited to five minutes each."

7. Board members outside of Board meetings

a. Conflict of interest: make sure you don't use your position to obtain special privileges.

b. Don't tell anyone what happened in closed sessions.

c. Don't give instructions to staff, including the General Manager (lowers morale -- it's like having five bosses). The Board instructs the General Manager at Board meetings, mostly by establishing policy and discussing that policy in public: what it wants done, not how to do it. The General Manager should be the only one giving instructions to the rest of the staff.

D. Liability (810, Government Code)

1. Directors are personally liable for their own acts or omissions as individuals.

2. District is liable for any injuries caused by an act or omission of an employee if it is within the scope of their employment. injuries: physical injury, damage to property, or damage to reputation. Employee: directors, staff, volunteers. Scope of employment: directors set policy, staff implements policy. Directors must not give instructions to staff (directors doing staff work).

3. When claims are made against the District, they are paid by insurance. If there is not enough insurance, the assets of the District are next in line. If the assets of the District are not enough, the assets of the directors are next in line.

E. Conflict of Interest

3

19

1.87300: Financial Disclosure. Every District must adopt and make known a Conflict of Interest Code. Keep it updated every year when the FPPC (Fair Political Practices Commission) forms come out. Directors fill out FPPC forms 30 days after taking office, annually, and 30 days after leaving office. Also, anyone who has authority to spend funds (General Manager) should fill out FPPC forms. These are public files, kept at the District office; usually the County doesn't want them (our FPPC forms may be at the County).

2. 1090: applies to contracts, written or unwritten, with purveyors or contractors that the District makes. No director may vote on, and no director or employee may even discuss, any contract in which she/he has a financial interest (recommendation: leave the room when conflict of interest item comes up). Financial interest refers to monetary Pain accruing to a spouse or dependent child. Somewhat contrarily, the Attorney General has said that any contract signed in which one of its directors has a financial interest is void and unenforceable. An exception is the "rule of necessity" (when that business is the only game in town, and towns are far apart).

3. 87100: no official shall make a decision or influence a decision in which they have a financial interest or think they may have a financial interest. OK for Board to make decisions affecting the director if he abstains from discussion and voting: this conflicts with the 1974 Political Reform Act.

4. The FPPC's five questions: if answer to all five is "yes", there is conflict of interest:

a. Is a public official involved?

b. Does he/she have an economic interest?

c. Is he/she making a decision or participating in making a decision?

d. Is it reasonably foreseeable that he/she is going to have an economic gain?

e. Is this economic gain greater than any other director's?

5. If a Board member has a conflict of interest, she/he should declare it and leave the room so as not to participate in discussion or voting.

F. Brown Act

1. Meeting requirements

a. Four types of legal meetings

(1) Regular meetin2. Date and time muit be in the minutes. Agenda must be posted 72 hours before the meeting: meeting notice not required. If meeting falls on a holiday the meeting should be held on next business day; if not convenient for Board, directors may set alternate date.

(2) Special meetinE. Maybe called by chairman or quorum of the Board. Written notice of meeting (telling where and when it is being held and what its purpose is) must be conspicuously posted in one place and must be received by Board members and others on mailing list 24 hours prior to meeting. The meeting notice in effect

El

30

becomes the agenda. The mailing list should be renewed each year. The District may charge for postage and copying costs, but not for employee time. Directors may waive notices by signing a form saying, "The District need not notify me about meeting dates scheduled for the next month."

(3) Adjourned Meeting. Notice of adjourned meeting and plans for next meeting, if there are any, must be posted on door of meeting place within 24 hours, and notice of adjourned meeting must be sent to directors and others on mailing list 24 hours before the meeting.

(a) When there is no quorum, meetings may be adjourned with a time and place to be announced (the best way), or may be adjourned to another date.

(b) When a meeting takes too long, it may be adjourned and the remaining agenda items may be taken up at the next regularly scheduled meeting.

(4) Emergency Meeting. This is not a catchall meeting. It can only be called when there is a work stoppage or crippling disaster. No notices are required before the meeting, but a lot of information dissemination to the public isrequired afterwards -- check the Brown Act.

b. No serial meetings.

c. Social occasions when there is a quorum of Board members present: OK, but don't talk about District business. How you appear is important, so don't go off by yourselves (driving off in a car, meeting for breakfast, etc.)

d. Board workshops/retreats are special meetings and must be noticed as such.

e. Conference calls are now illegal.

2. Meeting procedures

a. Agendas:

(1) Must contain time and location; a period of public participation; and a brief description of each item (public must be able to look at agenda and know what it means. Not "approval of purchase of equipment", but purchase of what kind of equipment; not fire report, CC report, Manager's report, exactly the same every month --these don't tell the community what will happen.)

(2). Discussion and/or possible action: If someone brings up something not on the agenda, Board listens and may ask some questions to find out more, but cannot discuss subject because it's not on the agenda. Board can tell person they will put item on agenda for discussion and/or possible action. Directors can listen and talk to person but not to each other or to staff, except to instruct manager to meet with person and work out problem or, if necessary, come back to Board at the next meeting. The Board can also call a special meeting.

(3) There are three ways that an item may be put on the agenda after the 72-hour posting period. It must be as an action item.

(a) A quorum of the Board determines that an emergency exists.

5

(b) 2/3 of the Board (4 out of 5, or, if 3 directors are present, all 3) determines that the need to take action has arisen since the agenda was filed (the most common way). Also, it is a two-step procedure: 1. a director makes a motion to place the item on the agenda because the need to take action has arisen since the agenda was filed, 2. the item is voted on.

(c) An item was posted on an adjourned agenda 5 or less days before.

3. Brown Act violations: the public can bring action against the Board for Brown Act violations if it does so in writing and within 30 days. The Board then has 30 days to correct its actions, and should move to rescind any questionable action at its next regular meeting.

4. Closed sessions: the exception to open sessions (54597)

a. Seven circumstances when you may go into closed session:

(1) Personnel: to hire, fire, evaluate or discuss a public employee (not a director under the Brown Act). The employee may have a hearing in open session, if he/she so desires, and the Board may then go into closed session. The Board must adjourn from an open session into a closed session when discussing hiring, firing or evaluating the employee, and the meeting agenda must include this item ("There is a possibility that the Board will meet in closed session under Personnel Section 54957 of the Government Code"). The Board must note actions taken (hiring, firing); and it must announce a roll call vote of the directors for hiring or firing. Example: "During the closed session the Board voted to hire the General Manager by a vote of (roll call vote) •" or "The Board took no action." or "The Board took action."

(2) National and Public Security: threat to public buildings or services.

(3) Labor Negotiations (54957.6): Board may meet with a negotiator who in turn will negotiate with employees. Only salaries and fringe benefits can be discussed.

(4) License Application (54956.7): Confidentiality for license applicants with criminal records.

(5) Real estate negotiations re: price and terms of payment.

(6) Joint powers: to discuss claims.

(7) Pending litigation. Brown Act is very specific: read it before calling meeting. Can be held only if a proceeding has been initiated, or if there is significant exposure to litigation, or if the Board wants to see if there is significant exposure to litigation. Board must meet with legal counsel.

b. Minutes of closed sessions: may be a liability, since they can be subpoenaed in a court action even though they are not public information and should always be kept private. If a Board is keeping them and decides to stop doing so, it should not destroy old minutes (of either open or closed sessions).

[41

G. Disruption of public meetings: establish written policy for conducting meetings, including rules of decorum. An example of such policy is on pg. 21-24 of the manual entitled "1991 Workshop for Special District Directors & stair. Policy should be established by resolution.

H. Records Retention & Destruction

I. CA Public Records Act (6250)

a. All records are public and may be inspected during normal business hours. Policy should be established for handling requests: "Staff will provide information within x number of days, or "as soon as possible." District can set fees for copying.

b. Some records are exempted:

(1) preliminary drafts or notes (phone messages) that would normally be thrown away.

(2) records pertaining to pending litigation.

(3) personnel and DMV files (employees can see their own personnel and DMV files). General Manager should be in charge of personnel and DMV files.

(4) information obtained in confidence

(5) test questions

(6) information regarding real estate acquisitions or contract negotiations while they are going on.

2. Destruction of Public Records (60201): no help at all. Don't pay any attention to this one.

3. District should set policy on records retention & destruction. Many Districts are following "Guidelines Courtesy of State Controller's Office, the Controller's Advisory Committee, and the Association of California Water Agencies" on page 25 of the manual for the 1991 Workshop for Special District Directors & Staff, not because they are law but because there's strength in numbers. Policy items should include:

a. No records shall be destroyed without prior Board authorization

b. Who will destroy

c. How records will be destroyed

d. When meeting tapes will be destroyed

e. Don't destroy minutes or financial records unless you put them on microfilm.

f. Injury and illness prevention program record for employees (page 29 of the manual for the 1991 Workshop for Special District Directors & Staff).

7

G. District should draw up a Personnel Policy Manual and an Administrative Code (see pgs. 30-32 of manual for 1991 Workshop for Special District Directors & Staff).

1. Personnel Policy Manual lets personnel know where they stand. Administrative Code lets Board and public know where District stands.

2. Procedure: staff drafts Personnel Policy and Administrative Code, by asking other districts for copies of theirs and taking the best from all of them. Drafts go to Board, which discusses them and throws them back to staff; they go back and forth for a while. Run them by attorney when Board and staff are satisfied, but don't let attorney draw them up. When finished, put in 3-ring binder so they can be easily updated.

3. Personnel Policy should include a form stating that employee has read it, to be signed by employee.

4. There is now a sample policy book published by the CSDA. Price $250. Saves time and attorney fees.

on

Memo to: CSD Board From: Judith Yamamoto and Erin Pinto Re: 10131/91 Alta California Special District Seminar Workshop for Special District Directors & Staff

Recommendations:

1. Develop and regularly review written policy for all four CSD powers: water, wads & easements, recreation and fire: discontinue practice of working on a "case-by-case" basis.

2. Prepare and regularly review a master plan.

3. Develop and regularly review an administrative code. Include in the administrative code a conflict of interest code.

4. Develop and regularly review a personnel policy manual.

5. Develop a monthly finance report.

6.Develop the organizational structure of the CSD, in conformance with Enabling Act.

7. Review written policy for conducting meetings

a. Rotating chairmanship, ability of chairman to vote, selected Robert's Rules of Order, etc. Do not state that meetings are run by Robert's Rules of Order.

b. Rules of decorum.

8. Incorporate staff functions in General Manager job description (long range planning, policy drafting, hiring and firing of all other staff, preparation of the annual budget, spending within the budget and approving payment of monthly bills, preparation of a monthly financial statement, drafting user fees, being in charge of personnel and DMV files, educating staff and directors, etc.).

9. Establish closed session policy, stating reasons for going into closed session, correct posting of session, adjourning from open meeting for personnel sessions, correct reporting after closed session, whether or not to continue keeping minutes of closed sessions, etc.

10. Revise agendas in the following ways:

a. Avoid action by commitment by listing items on agenda as "discussion and possible action' items.

b.Change #4 to General Managers Financial Report.

b. Replace Ill (Community Interest Report) with "Public Comment Period" on the agenda, including a short policy statement, and move it closer to the beginning of the agenda.

c. Eliminate #13, "Emergency Items".

d. Briefly describe each item on the agenda so that anyone reading the agenda will know what is being discussed (see enclosed example, from Marin County Board of Supervisors agenda). Also, send memo with this information to committees

t]

operating under Brown Act (Community Center Committee, Water Committee and Roads & Easements Committee).

9. Add to policy: Do not discuss items not on the agenda. Some information may be obtained; item may be turned over to staff for solution; item may be placed on next month's agenda for discussion and possible action; or a special meeting may be called for discussion and possible action.

10. Change policy so that, if appropriate, items may be added to an agenda (as action items only) after the 72-hour posting period, following Brown Act procedures. (enclosed: Marin County Board of Supervisors agenda).

11. Post agenda (separate from Board packet) when board packet is distributed.

12. Post and deliver special meeting notices 24 hours before the meeting (notices must be received 24 hours before the meeting), to directors, staff, and everyone on mailing list. These notices serve as agendas for special meetings. Develop forms for directors to sign waiving notices: "The District need not notify me about meeting dates scheduled for the next month."

13. Revise cost of packet, if necessary. Postage and copy costs can be charged for packets, but not employee time.

14. Develop policy for public records by setting policy for records retention and destruction (including injury and illness prevention program record for employees), handling requests to inspect District files, and making all material available to public review except for preliminary drafts or notes that would normally be thrown away; records pertaining to pending litigation; personnel and DMV files (General Manager's responsibility); information obtained in confidence; test questions; information regarding real estate acquisitions or contract negotiations while they are going on.

15. Buy a copy of the sample policy book published by the CSDA and use it to develop an administrative code. Price: $250.

16. Buy "Conflicts of Interest, 1989" published by State Attorney General's Office.

17. Check Deering's Supplements twice a year for updates (County Law Library).

18. Send staff to CSDA seminars when possible: General Manager, District Secretary, Recording Secretary, Maintenance Manager, MBVFD and Community Center personnel.

enc: Mann County Board of Supervisors 7/30/91 agenda Mann County Board of Supervisors 6111/91 minutes -

10

BOARD OF SUPERVISORS COUNTY OF MARIN

AGENDA

Tuesday, July 30, 1991 Board of Supervisors Chambers, Room 322, Civic Center

2:30 pm Pledge of Allegiance.

1. Minutes of meeting of July 23, 1991.

2. Board of Supervisors matters.

3. Administrator's report.

4. Consideration of a proposal by Supervisor Bevis to restore a portion of budget cuts, particularly in Health and Human Services, by suspending, deferring or capping the raise of top level non-represented employees which were previously approved in late 1990.

Administrator notes following actions are required, per opinion of County Counsel, to attempt to secure $600,000 by limiting previously granted salary increases to six percent or $1,500 per year, whichever is lower:

a. Repeal October 16, 1990, policy guaranteeing that unrepresented employees will receive the same basic compensation as represented employees.

b. Consider reductions of salaries of unrepresented employees as indicated on attachment.

C. Letter from County Counsel. d. Letter from seven county employees.

5. Hearing: Appeal of Planning Commission duisiuu, Me,it Buiiders Design Review, Nicasio area.

. Hearing: Ordinance re-establishing boundaries of Supervisorial Districts.

1. Request by Mann Hospital District for Board to appoint to Hospital Board vacancy.

8. Appointments: a. Library Commission - one vacancy. b. Emergency Medical Care Committee - one vacancy. Schedule appointment for

August 20, 1991. C. AIDS Advisory Commission - two vacancies. Schedule appointments for August 20,

1991.

9. Acceptance of donation, County Fair. (4/5 vote)

10. Acceptance of grant, Transportation Voucher Program. (4/5 vote)

11. Acceptance of grant, Library Literacy Program. (4/5 vote)

12. (Continued) Declaration of fiscal interdependency by the Cities, Counties, and School Districts of the Bay Area.

13. Acceptance of donation, Civic Center historic plaque.

14. Auditor-Controller report on Proposition 4, Gann limit. (To be available 7/30/91.)

15. Open time for public urgency matters, limited to three minutes per speaker.

CONSENT CALENDAR (Items C-i through C-1 0)

. . . ...... .

r.

REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JUNE 11. 1991, AT 10:40A.M.

PRESENT: SUPERVISORS Brady Bevis, Bob Roumiguiere, Al Aramburu, Harold Brown, Chairman Pro Tern

The Chairman opened the meeting with the Pledge of Allegiance.

#1 APPROVAL OF MINUTES

MIs Roumiguiere-Aramburu, to approve the minutes of the meeting of June 4, 1991. AYES: ALL ABSENT: SUPERVISOR Giacomini

#2 BOARD OF SUPERVISORS MATTERS

In Memoriam MIs Aramburu-Roumiguiere, to adjourn today's meeting in memory of former Mann

Municipal Water District Manager Richard W. Rogers. AYES: ALL ABSENT: SUPERVISOR Giacomini

MIs Roumiguiere-Aramburu, to adjourn today's meeting in memory of former Director of Weights and Measures Kenneth B. Brown. AYES: ALL ABSENT: SUPERVISOR Giacomini

Hispanic Chamber of Commerce Supervisor Aramburu noted that approximately 400 guests attended the recent party

sponsored by the Hispanic Chamber of Commerce and also thanked the Administrator and Board members for their attendance.

County Supervisors Association of California Supervisor Roumiguiere reported that it was his understanding a proposed parcel tax

would not be imposed by the legislature.

League of Women Voters Supervisor Roumiguiere requested that a letter be sent to the League of Women

Voters to thank them for sponsoring the budget forum.

RE: COORDINATION OF PROBATION ENFORCEMENT

With regard to the Coordination of Probation Enforcement project, MIs Aramburu-Roumiguiere, to determine that the need to take action in this matter arose subsequent to the Agenda being posted. AYES: ALL ABSENT: SUPERVISOR Giacomini

At the request of Llndersheriff Robert Doyle, MIs Roumiguiere-Aramburu, to adopt Resolution No. 91-110 authorizing the Chairman to submit and execute the application to the Office of Criminal Justice Planning and to execute the Grant Award Agreement, including any e.xtensicn or amendments, for funds ;vsiiaba throuah tha ArU-Dru1j Abuse Ai of 1988. AYES: ALL ABSENT: SUPERVISOR Giacomini

#3 ADMINISTRATOR'S REPORT

California State Budget The Administrator reported on recent state budget developments in Sacramento:

There has been agreement among the counties that 30% of the growth in the funds allocated for realignment will be dedicated to equity for mental health, AS S health programs, state hospital beds, and the indigent health program used by counties with county hospitals (MISP). Another 30% will be dedicated to programs in social services, primarily in-home support services and foster care. Forty percent of the funding will be allocated to cover inflation costs in the programs. He reported the county is over equity for mental health programs and under equity in AS 8

Mann County BOS Minutes 1 6/11/91


BOX 221 STAR ROUTE SAUSALITO. CALIFORNIA 965

H( )iflj) LW i$RFA:1c*tS

November 11, 1991

SDRMA Attn: Bud Maddalena 2400 Venture Oaks Way U 460 Sacramento CA 95833-3291

Dear Bud:

This is to inform you that, as of the above date, I have resigned as the responsible Safety Officer for the Muir Beach Community Services District.

Please contact our District Secretary, Hazel Mob, at 4 1 5-2ES-1313 for the name of the person that the Board appoints to replace me.

In fulfillment of my final responsibilities, rd enclosed an accident report for

property damage below our deductable, and the third quarter Special Events repot which includes the Fireman's B-B-Q. The only item that I believe is still pending for the District is our safety review. The last time this was done, I noticed that there were two properties missed in the inspection: the old pumphouse we own adjacent to the Pelican Inn, and the FireBarn we lease across the street from the Inn.

Bud, it has been a pleasure working with you, and I think the information you have pr,ovided the District has been very useful.

Sincerely,

Gordon Bennett MBCSD

3,

I

I

NOTE: This report Is prepared exclusively for the use of the District's Risk Management Authority and its attorneys, and Is in attorney-client communication not to be released to other than SDRMA without the express approval of the attorney representing the District.

SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY 800-537-7790

ACCIDENT REPORT, AUTO AND TRUCK (For bodily injury or damage to another's property or for damage to your vehicle)

T PHONE

pIkeAcfl C50 i&

RS NAME

4YJJ1Q PHONE

(1;)663- 1I I DATE OF IRT

9ArT1 ESS c- 'jj1j-j3

AD RE S NUMER OWYEARS W172 COMPANY

R PeA d) (3ATE (ffc7P CITY STATE D54o.

?/ T [TRAILER

YdI.JR V ICLE YEAR

15 MODEL ___ I SERIAL NUMBER LICENSE NUMBER I WHERE VEHICLE CAN BE SEEN

IF APPLICABLE) YEAR MODEL AREA,.$F DAIAGE USED FOR BUSINESS

YES0NO

ESTIMATED COST r REPAIR

NM2p 106 A)xs) SinE F LOSS TIME OF LOSS

I LO TION (ST$EET OR HIGHWAY) CITY T I _1OJAD MdJ

TE

WERE POLICE CALLESTO SCENE?

DYES o6 POLICE DEPT CALLED DRIVER

___________________________

ARRESTED ICKETED VIOLATIN

NAME OF OFFICER " BADGE NUMBER

STATION ADDRESS I CLAIMANT I

OWNER OF OTHER V7ICLE AGE I ADDRESS CITY STATE ZIP PHONE

DRIVER, IF OH7THAN ABOVE AGE ADDRESS CITY STATE ZIP PHONE

MAKE OF yE'HICLE YEAR MODEL LICENSE NO. AREA OF DAMAGE ESTIMATE OF DAMAGE

$ I WHERE CAN VEHICLE BE SEEN?

CLAIMANT 2

OWNER OF OTHER VEHICLE AGE ADDRESS CITY STATE ZIP PHONE

DRIVER. IF OHER THAN ABOVE ADD7SS J AD 1CITY STATE ZIP I PHONE

MAKE OF VEHICLE YEAR MODEL / /

LICENSE NO. AREA OF DAMAGE ESTIMATE OF DAMAGE

$ WHERE CAN VEHICLE BE SEEN?

PROPERTY DAMAGE 'OTHER THAN AUTO .0. FENCE, CANOPY)

OWNER OF PROPERTY ADDRESS CITY STATE ZIP PHONE

DESCRIBE DAMAGED PROPE7' LOCATION OF PROPERTY CITY STATE EXTENT OF DAMAGE

WITNESS INFORMATION

'lAME ADDRESS CITY STATE ZIP PHONE

1NAME 1 ADDRESS CITY STATE I ZIP PHONE

NOTE: Please complete reverse side

ii

Rev. 5-22-91

*:4Hl:Iwn

V STATE OF CAIJFORNLA PETE WLSON, Govwnor

STATE WATER RESOURCES CONTROL BOARD Mailing Address

THE PAUL R. BONOERSON BUILDING DIVISION OF WATER RIGHTS 1 P STREET P.O. BOX 2000, Sacramento, CA 95812-2000 CRAMENT0, CA 95814

(916) 657-0714 Fax (916) 657-2388

In Reply Refer to: 332:SAW:29331

OMER 3 1199

Muir Beach Community Services District Attn: Henry Hyde, District Water Manager Box 221, Star Route Sausalito, CA 94965

Dear Mr. Hyde:

APPLICATION 29331 OF MUIR BEACH COMMUNITY SERVICES DISTRICT, REDWOOD CREEK IN MARIN COUNTY

Thank you for your letter of October 4, 1991 In which you expressthe Intent of the Muir Beach Community Services District (District) to develop a new well to serve the District's water supply needs. You have asked for guidance from the State Water Resources Control Board (State Board) In developing a water source that will be considered percolating groundwater which could be diverted without the approval of the State Board.

We cannot supply the specific requirements you request for the design and location of a District well which would not withdraw water from either the underf low of Redwood Creek or subterranean water flowing in a known and definite -channel, both of which would require State Board approval prior to pumping. The preliminary geologic analysis performed by the consulting firm of Harding Lawson Associates for the District does not offer enough information for our staff to make a qualified statement that the source of water extracted from the fractured bedrock formation Identified in the geologic report does not fall within the State Board's jurisdiction.

If you are prepared to offer a report by a registered civil engineer or registered geologist documenting evidence and conclusion that the proposed source of the District's new well is percolating groundwater not flowing in a known and definite channel and not underflow of Redwood Creek, we will prepare a response regarding the question of State Board jurisdiction. A finding of no State Board jurisdiction would, of course, be conditioned by the District abandoning the original well identified in Application 29331. A notice of intent to abandon a well must be filed with the State Department of Water Resources.

We hope that this information helps you In your evaluation of a new well site. If you have any further questions, please contact me at (916) 657-1704.

ME

Muir Beach C.S.D. Page 2

cott Willi Sanitary Engineering Associate Application Unit #2

42-

Regular Meeting of The Muir Beach Community Services District

November 27, 1991

Present: Robin Collier, Erin Pinto, Steven Shaffer, Judith Yamamoto.

1. Call to Order The meeting was called to order by District Secretary Hazel Melo at 7:30 pm. She appointed Judith Yamamoto as Chair of the Board for the meeting in absence of the regular Chair.

2. Approval of Agenda a) Judith stated that her memo to the CSD dated 11/19/91 should be taken out

of Agenda Item #7 Fire Department and moved to # 8 C & A b) R. Collier made the motion to approve the agenda. E. Pinto seconds, ayes

all.

3. Approval of Prior Minutes October 30,1991 a) correct la/Community Center Report: Judith stated that after the

County runsheets are straightened out it would be determined that the amount spent over $500 for the Bistro would be subtracted from the Walkathon funds, and that the difference would be rolled over to the Children's Program.

b) F. Pinto made the motion to approve the October 30 minutes; S. Shaffer seconds; J.Yamamoto, E. Pinto ayes; R. Collier abstains.

4. Bills & Budget/Approval of Current Bills a) Discussion followed re: expenses for the Community Center Halloween

Party. b) It was decided that Robin Collier will get the County runsheets from

Gordon Bennett. c) Linda Moore's wages should be taken out of Water/9238 and moved to C

&A/9236 d) Goodman's for concrete ($19.78) should be moved to Roads. e) E. Pinto made the motion to approve the bills; P. Collier seconds; ayes all.

5. Community Center Report a) The roll-over of the Walkathon Funds will wait until the figures are

in which should be by the next meeting. b) It was agreed by consensus that a new income account will be added for

Other Programs. Robin will talk to Eliapolous.

V

c) Re: automatic sprinkler system - after much discussion re: cost, it was suggested that Henry Hyde will look into different options and amounts.

d) Re: Bistro Job Description - Questions re: independent contractor or wages. Robin suggested that it was to the benefit of the Bistro person to be paid wages rather than as an independent contractor. It was decided that more research be done; Robin will consult with Nancy Knox; and that the job description will be okayed at the next meeting.

e) Re: information flyer - the Community Center will prepare a draft to be approved at the next meeting.

f) Robin Collier made the motion to appoint Janet Stump as the new Community Center Committee member. E. Pinto seconds; ayes all.

g) The CCC will research special events liability insurance. h) Re: CDBG grant allocation - S. Shaffer suggested that boxes be built around

the windows to obtain more insulation in the Community Center. More research is needed re: the cost of the floor insulation and will be discussed at the next meeting.

i) Re: Barefoot Dancing and cancellation policy - it was suggested that the Community Center Committee formulate a policy.

6. Roads and Easements a) Steve Shaffer reported that Bill Mallock and Dave Schwartz will have the

tree and brush removed on Cove Lane by the end of the week. b) Henry Hyde stated concerns re: the Assistant Maintenance Manager's wages

coming out of the Roads & Easements budget when most of the work is done at the Community Center which has no budget for this work. Steve will help Hazel get a break-down of jobs done by Assistant Maintenance and extra hire.

c) Re: tree on Sunset Way - The Board has not established a policy regarding the cutting of trees and feels at this time it is not their responsibility. Robin will talk to the owner of the tree, and the person whose property is affected by the chance of it falling and will suggest talking to PGE to have them cut the tree down.

d) J. Yamamoto will ask County Counsel for their opinion in writing a policy re: the cutting of trees.

7. Fire Department Fire Chief Bill Farkas reported: a) The 26? ladder has been delivered. b) Engine 680 has been checked and is up to specifications. c) All hoses have been pressure checked; have 1000' in length, need 500'

more. d) The two trucks are registered. e) The Chevron account has been dosed. Bill will get a credit application for

Hazel to fill out. This will be an action item for the next meeting. f) Re: formation of non-profit association - Bill reported that he has heard

11

nothing yet, and that the Fire Department has received private funding for the start-up fees and no longer needs the $2,000 which was requested from the CSD; the seed money loan is still being requested.

g) Bill Parkas stated that he is in favor of controlled burns. h) EMT classes begin January 8 and all firemen are committed. 1) Re: Health insurance for volunteer firemen: S. Shaffer stated that all CSD

volunteers can join the County health insurance program. Judith stated that she would like to see this written down as policy, and attach ratesheets.

8. G & A Procedures a) Discussion followed re: bimonthly billing of water bill - this will be an

action item for next meeting. b) Cost of Minutes/Packet - it was decided that this will be an action item at

the next meeting. c) Re: General Manager: Judith stated that the ad for the General Manager has

been sent to the CSDA Newsletter (free listing). Judith will ad "part-time" to the ad, and January 23 as as reply date.

d) Re: Cordon Bennett's letter to FEMA for bill of $3,318 - Hazel reported that there has been no response; Henry stated that there was no response from Barbara Burke.

e) Re: computer - Robin Collier made the motion to upgrade the purchased MacPlus to 2.5 megs and to spend no more than $100. E. Pinto seconds; ayes all. Robin volunteered to handle the details of getting the computer upgraded.

f) Judith stated that she received a letter from Robert Johnson to audit the bills. It was decided to give this to the General Manager.

g) Re: Alta California Special District Seminar Workshop attended by Judith and Erin - it was decided to go over the recommendations at the next meeting.

h) Discussion followed re: the General Manager job description. S. Shaffer made the motion to appoint Henry Hyde, Robin Collier, and Erin Pinto as a committee to revise and condense the job description of the General Manager, and to report back at the next meeting. R. Collier seconds; ayes all.

9. Safety Insurance a) Judith stated that a Safety Officer eventually needs to be appointed. This

job will be assigned to the General Manager. b) Re: Regan McNeal's insurance claim - a second estimate will be

forthcoming. c) Judith stated that a person is needed for the Emergency Disaster

Preparedness job; this will be assigned to the General Manager.

10. Water Department a) Henry Hyde has contacted David Todd, former professor at Cal Berkeley

and expert in ground water geology in order to get an outside opinion to determine ground water/surface water of Redwood Creek.

b) Re: National Park Service property at Highway 1 - Henry reported that John Ryan is researching and putting in papers for annexation.

c) Henry stated that he wrote a draft letter to the Park Service regarding CSD's interest and the importance of involvement in Redwood Creek Watershed meetings.

11. Community Interest Reports a) Judith stated that there needs to be a procedure for cases when it is

necessary to change dates of the CSD meetings.

12. Announcements a) S. Shaffer submitted Gordon Bennett's letter of resignation as District

Finance Officer, District Insurance and Safety Officer, Water Committee Member, and District Board of Directors.

b) S. Shaffer submitted Leslie Riehi's letter of resignation as Director for MBCSD.

c) Steve stated that he received an acknowledgement from the GGNIRA re: the path and stairs from the west end of Pacific Way down to Muir Beach.

d) S. Shaffer submitted a letter to Gordon Bennett from Richard Maddalena at the SDRMA stating his regret re: Gordon's resignation, and thanked him for his work.

e) S. Shaffer submitted a letter from Senator Milton Marks expressing to Gordon Bennett his disappointment in the election results.

0 Steve Shaffer submitted his letter of resignation from the MBCSD Board of Directors.

g) The date for the next MBCSD will be December 18. The January meeting will be on January 29.




Linda Moore, Recording Secretary Judith Yamamoto, Acting Chair

MINUTES REGULAR MEETING OF THE MUIR BEACH COMMUNITY … · 2012. 12. 31. · MINUTES REGULAR...

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