SBCWD BOARD MEETING MINUTES


REGULAR MEETING (MAY)
June 7, 2001

A.    CALL TO ORDER/ROLL CALL

President Robert Oliver called a regular meeting of the Board of Directors of the Stinson Beach County Water District to order at 4:00 p.m. on Thursday, June 7, 2001, at the District office located at 3785 Shoreline Highway in Stinson Beach, California.

Directors present:
Robert Oliver, President
Charles Dutkin, Vice President
Elizabeth Sapanai, Director
Joe Veit, Director
Jim Zell, Director

Staff present:
Richard Dinges, General Manager
Raven Schauf, Recording Secretary

B.    PUBLIC EXPRESSION

None.

C.    SETTING OF AGENDA

The Agenda was adopted as presented.

D.    APPROVAL OF MINUTES

Motion to approve April 5, 2001 minutes with amendments made by Director Sapanai, seconded by Director Veit, approved by unanimous vote. Motion to approve April 21, 2001 minutes with amendments made by Director Zell, seconded by Director Dutkin, approved by unanimous vote.

E.    APPROVAL OF DISBURSEMENTS

Motion to approve the April, 2001 disbursements made by Director Sapanai, seconded by Director Veit, approved by unanimous vote.

F.    RECEIPT OF FINANCIAL STATEMENTS

The Board received the Third Quarter 2001 Financial Statements.

G.    PUBLIC HEARING

  1. Granting of a Leak Reduction at 243 Seadrift, AP# 195-331-24, Nancy Hudson, owner: Ms. Hudson was not in attendance. Richard Dinges summarized the Manager's report. Motion to grant a 75% reduction made by Director Dutkin, motion failed for lack of a second. Motion to grant a 50% reduction in the amount of $177.51 made by Director Sapanai, seconded by Director Veit, Director Zell called for a vote, 50% reduction granted by majority vote, Sapanai, Veit, Zell, Oliver in favor, Dutkin abstain.
  2. Denial of a Leak Reduction Request at 123 Calle del Mar, AP# 195-191-15, Daniel and Jenny Venegas, owners: Mr. And Mrs. Venegas were not in attendance. Richard Dinges summarized the Manager's report. Motion to grant a 50% reduction made by Director Sapanai, seconded by Director Oliver, motion defeated. Motion to deny a reduction made by Director Veit, seconded by Director Zell, request denied by majority vote, Veit, Zell, Sapanai, Oliver in favor of denial, Dutkin opposed.
  3. Discussion of Environmental Action Committee Concerns Regarding Shakespeare at Stinson: Catherine Caulfield, Director of the Environmental Action Committee of West Marin, stated that the eac letter dated May 31, 2001 to Mr. Dinges was sent on behalf of the groups listed on the letter as well as various other groups which had recently joined the eac coalition and that these groups are concerned with the protection of the stream side conservation area as mandated in Title 22 of the Marin County Code and in the local Coastal Plan and the Coastal Act. Ms. Caulfield asked that the Board take appropriate permitting action in order to enforce removal/relocation of permanent bathrooms away from the creek and outside of the streamside conservation area and to limit and define allowable usage of those bathrooms in order to meet regulations.
    Kenneth Fox, President of the Tomales Bay Association, submitted a letter addressed to the Marin County Board of Supervisors dated June 5, 2001, which outlined the concerns of the association regarding protection of stream habitat in the area occupied by SAS. Jeffrey Trotter, of Shakespeare at Stinson, advised that the two permanent restrooms in question are currently used by actors and that application for permitted additional community use limited to 35 people per day was pending. Mr. Trotter stated that he has applied for two "new" bathrooms and that if SAS receives approval for them they will be utilized by actors and staff only during performances on Fridays, Saturdays and Sundays only. Mr. Trotter also advised that plans which were submitted to the District dated December 5, 2000 indicated that the permanent toilet location was close to Highway One. Mr. Trotter submitted copies of partial plans from his architect's files to the Board for review which indicated the proposed permanent restroom site to be behind the current stage location.
    Ms. Elena Belskey, of the Tomales Bay Keeper, commended the Board on District practices regarding septic system regulation and questioned how the actual usage, considering the proposed usage increase, could be monitored from a practical standpoint to ensure usage by actors and 35 "community use" people per day only. Ms. Belskey also expressed concerns, considering the current location of the permanent restrooms and their proximity to the audience, how the District proposes to regulate, monitor, limit and enforce usage restrictions so that the applicant will comply with the existing permit conditions as there is no approved increased use at this time.
    Gordon Bennett, of the Sierra Club, stated that the issue of water usage should be recognized and addressed as well as septic usage in consideration of the amount of water which will be used by 150 people per performance.
    Roger Hurt, of the SBVA, stated that the administrative record submitted to the Marin County Board of Supervisors on June 5, 2001 included the 1994 environmental assessment and associated site plan. Mr. Hurt showed the 1994 site plan to the Board, indicating the area now occupied by the permanent toilets and pointed out that these plans showed that location to be utilized for temporary toilets and that this was the true administrative record. Mr.Tony Lewis, of the Bolinas Lagoon Watershed Team, stated that the letter dated April 23, 2001 to the Board of Supervisors from SBCWD General Manager Richard Dinges outlining the critical environmental impacts of SAS was unfortunately not taken into consideration by the Board of Supervisors and was not mentioned in their staff record. Mr. Lewis reiterated that he was in total agreement with all of the points outlined in that letter and that it was important to remember that at the June 5, 2001 County meeting the SAS permit was revoked and rescinded and no longer exists and that Mr.Trotter and SAS have three months to rewrite the permit. Mr. Lewis further stated that The Bolinas Lagoon Watershed Team would assist Mr. Trotter to ensure that SAS remains in business however, the problems have been ongoing for seven years and now is the time to legalize the situation and to move the existing buildings away from the creek.
    Director Sapanai stated that District mandate has always been to protect the surface and ground water but that the District has never had the authority to regulate building locations, only septic systems locations. Director Sapanai stated that the problem related to SAS is one of scale and that by removing permanent structures and introducing temporary structures for seasonal and not year-round use would minimize the problem. Director Sapanai further advised that no plans that she had reviewed indicated the existence of the creek. Mr. Rudy Ferris, of the Bolinas Lagoon Watershed Team, stated that Marin County Supervisor Steve Kinsey advised at the June 5 County Meeting that "there shall be no permanent structures within the streamside conservation area".
    Ms. Caulfield stated that the existing permanent bathrooms had not undergone a final inspection by the County.
    Mr. Trotter stated that he is currently using those bathrooms.
  4. Discussion Regarding the Existing Permit at Shakespeare at Stinson: Mr. Hurt questioned the current status of the septic permit for the two bathrooms when considering that the District permit was issued contingent on a viable use permit issued by Marin County. Mr. Hurt advised that since the County had stated on June fifth that there will be no permanent structures within the streamside conservation zone and the two bathrooms in question are within that zone, then the County has determined that those bathrooms are currently un-permitted and the District must do the same at least until August 24th, 2001 according to the mandate in the District permit regarding contingency on a County permit.
    Director Dutkin asked Mr. Trotter if he would be willing to stipulate that when he is able to turn the stage around and install bathrooms outside of the zone he would be willing to remove the existing toilets within the zone.
    Mr. Trotter advised that that issue would be decided at an on-site walk-through meeting on June 12th.
    Richard Dinges advised that SAS has a permit good through May 2002 but that permit does not include the buildings in question.
    Director Sapanai advised that the General Manager must inform SAS that those bathrooms may not be used whether the Board directs the General Manager to do so or not and that legally Mr. Trotter must not use those bathrooms. Ms. Caulfield stated that the County can not final the bathrooms because they are located in the stream conservation area.
    Mr. Hurt stated that the 980 square foot storage/dressing room was also in question as it may be considered by the District as un-permitted additional conditioned space.
    Director Sapanai stated that the General Manager's report advised no action at this time until further information is forthcoming from the County.
  5. Waiver of Temporary Restroom (Portable Chemical Toilet) Permit Fee for Shakespeare at Stinson: Motion to waive the Temporary Restroom Fee made by Director Sapanai, seconded by Director Veit, fee waived by unanimous vote.
  6. Review of Draft 2001-2002 Budget: The Board discussed the draft Budget, alternative rate structures and possible rate changes regarding the tiered system.

H.    GENERAL BUSINESS

  1. Review of District Investment Policy: The Board reviewed the District investment policy. No action was taken.

I.    CLOSED SESSION

  1. The Board reviewed employee matters in closed session. The Board returned to open session and disclosed.

J.    COMMITTEE REPORTS

None.

K.    MANAGER'S REPORT

Richard Dinges reported that stream flows have been monitored by both staff and outside organizations in order to interpret fish habitat fluctuations.

L.    ADJOURNMENT

Motion to adjourn made by Director Veit, seconded by Director Sapanai, meeting adjourned by unanimous vote at 6:35 p.m.




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