SBCWD BOARD MEETING MINUTES


REGULAR MEETING
September 22, 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 9:35 a.m. on Saturday, September 22, 2001, at the District office located at 3785 Shoreline Highway in Stinson Beach, California.

Directors present:
Robert Oliver, President
Charles Dutkin, Vice President (arrived 10:05 am)
Elizabeth Sapanai, Director
Joe Veit, Director
Jim Zell, Director

Staff present:
Richard Dinges, General Manager
Troy Pearce, Wastewater Engineer
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 July 11, 2001 minutes made by Director Sapanai, seconded by Director Zell, approved by unanimous vote.
Motion to approve July 28, 2001 minutes made by Director Sapanai, seconded by Director Zell, approved by unanimous vote.
Motion to approve August 25, 2001 minutes made by Director Zell, seconded by Director Sapanai, approved by unanimous vote.

E.    APPROVAL OF DISBURSEMENTS

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

F.    PUBLIC HEARING

  1. Denial of a Variance Application at 15 Calle del Mar, AP# 195-221-04, George Hassler, owner, Jeffrey Trotter, agent: Motion to deny the request for Variance continuance made by Director Sapanai, seconded by Director Veit. Richard Dinges advised the Board that a request for continuance had been submitted by the applicant to the District office on Friday, September 21 at 3:55 pm, after the posting of the Variance Notice.
    Director Veit stated that ample work had been completed in order to bring the variance application to this publicly noticed meeting, that no additional material information had been submitted with the continuance request, that the continuance submittal in fact stated that it was anticipated that no information would be submitted which would change staff reports or alter the findings.
    Director Sapanai stated that prodigious amounts of staff time had been spent on this particular project and asked if the there was a current cost estimate of District staff time pertaining to this Variance application. Mr. Dinges responded that the minimal estimated cost is $10,000.00. Continuance denied by unanimous vote.
    Mr. Ron Krempetz, Project Manager for SAS, stated that he was the individual who had submitted the continuance request letter in order to gain more time to become familiar with the details of the Variance process. Mr. Krempetz stated that his understanding was that the elements of the variance request were the same as those that had been submitted in the past but that previously some of those elements had been approved and some denied.
    Mr. Dinges responded that the use of six port-a-potties had been approved in 2000 with the condition that a plan be submitted to the District to solve septic system issues and accommodate District Code, and that Mr. Trotter had been asked by District staff to submit plans as early as 1995. Mr. Dinges further stated that holding tank plans had been submitted in 2000 which were denied and at the time the Board had advised the applicant to investigate alternative systems.
    Director Sapanai advised that the District did not have two sets of regulations, one for the District as a whole and a separate set for Jeffrey Trotter. Director Sapanai further stated that anyone who wishes to develop a commercial establishment is required to meet District Code which includes the requirement to hook up, build, or in some other way connect to a septic system which allows for the intended use.
    Director Sapanai stated that the original portable toilet permit issued by the District was conditioned on the development by the applicant to make SAS a permanent facility and that this condition had not been met by Mr. Trotter to date and that Mr. Trotter may not be able to meet this condition. Director Sapanai also stated that if the project is not viable for financial or other reasons then the current form of the project may have to be modified, and that if the current site is not viable or appropriate then the site choice may have to be reevaluated by the applicant. Director Sapanai pointed out misrepresentations in the application including the use of the number of eight portable toilets when in fact the correct number is six.
    Richard Dinges summarized the Manager's Report.
    Director Oliver stated that District Code considers the use of portable toilets as a temporary solution only and that intent remains unchanged.
    Kenny Stevens, Stinson Beach Fire Chief, stated that the present situation at SAS does not meet the local code, County code or fire code.
    Director Veit stated that any future applications that contain misrepresentations should be considered invalid by District staff and that associated application fees be retained by the District.
    Director Zell stated that conclusion of this matter in the very near future was of utmost importance in order resolve these issues that have been ongoing for a matter of many years and to minimize any further impact to District rate payers.
    Director Sapanai stated that she could not make the Variance findings, especially as pertains to the necessity of the variance for the preservation of a substantial property right and as pertains to the existence of special circumstances and conditions which exist on the property that make strict compliance with the regulation inappropriate. Director Sapanai further stated that a permit is in existence until May of 2002 which allows portable toilets for seasonal use only and that those portable toilets must be removed in October.
    Richard Dinges advised that he would notify Mr. Hassler that all buildings within the 100 foot stream conservation setback would have to be removed under specifications of the District Code. Motion to deny the variance request as made by Director Sapanai and seconded by Director Veit approved by unanimous vote, Director Dutkin absent during vote.
  2. Adoption of Resolution WW-2001-07, Granting a Waiver at 7260 Panoramic Highway, AP# 195-133-04, Dennis Stradford and Josephine Wunderlich Trust, owners: Motion to approve the waiver resolution made by Director Veit, seconded by Director Zell.
    Director Sapanai stated that the elimination of the illegal second unit on the property should be a condition of the waiver if it is approved.
    Troy Pearce advised that this was a condition of the waiver.
    Mr. Stradford stated that he is presently considering one of three options concerning the second unit, to raze it, to rip out the interior structures and wall board to a stud/frame situation or, to legalize it through the permitting process.
    Resolution adopted by unanimous vote.

G.    GENERAL BUSINESS

  1. Denial of Leak Reduction Request at 28/30 Calle del Ribera, AP# 195-133-04, Guy Grover, owner: Richard Dinges summarized the Manager's Report. Mr. Grover summarized the circumstances surrounding a leaky toilet on the property. Motion to grant a 50% leak reduction made by Director Dutkin, motion died for lack of a second. Motion to deny granting of a leak reduction with consideration for a liberally termed payment plan made by Director Veit, seconded by Director Zell, reduction denied by unanimous vote.
  2. Discussion of Seadrift Waterline Relocation: Richard Dinges summarized the Manager's Report.
    Director Zell suggested the initiation of talks with the Seadrift Property Owners Association. Director Dutkin stated that it would be unfair to assess a particular group of property owners for waterline replacement. Mr. Dinges stated that the Seadrift waterline had originally been placed in the wrong location making it a comparatively unique situation and further stated that the line had never been formerly dedicated to the District. Director Veit stated that the Water District is not responsible for those individual property owners who have built up to the waterline and that those property owners will have to mitigate the situation. Director Veit further stated that the District was not responsible for the original misplacement of the line but suggested that a fair and equitable solution be found which divides percentage costs between all the District rate payers and the Seadrift Association. Mr. Dinges stated that the District will not issue a final approval to the property owners who are currently building unless the owners mitigate the separation distance. Director Zell stated that he had concerns regarding liability issues.
    The Board directed the General Manager to consult with legal counsel and adjust in-house procedure regarding the submission of plans with misrepresentations, including errors in location, to assess appropriate non-refundable fees, reject the plans, request resubmittal of corrected plans and assess an additional non-refundable fee.
  3. Adoption of Resolution GB-2001-13, Authorizing Execution of a Contract Agreement with Todd Engineering for Design and Installation of a Well to be Located at Alder Grove: Richard Dinges summarized the Manager's Report. Motion to adopt Resolution GB-2001-13 made by Director Veit, seconded by Director Dutkin, adopted by unanimous vote.

H.    COMMITTEE REPORTS

None.

I.    MANAGER'S REPORT

Richard Dinges stated that the engineering committee had met to discuss future construction projects and associated costs and would be reviewing water production information. Mr. Dinges also reported that a meeting had been held at the District office regarding water conservation and habitat restoration with various agencies to discuss funding, grant proposals and water testing issues.

J.    ADJOURNMENT

Motion to adjourn made by Director Veit, seconded by Director Zell, meeting adjourned by unanimous vote at 11:20 p.m.




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