SATURDAY, JUNE 20, 2009
A. CALL TO ORDER/ROLL CALL
President Boucke called the Regular meeting of the Board of Directors of the Stinson Beach
County Water District to order on Saturday, June 20, 2009 at 9:30 a.m., at the District Office located
at 3785 Shoreline Highway in Stinson Beach, California.
Barbara Boucke, President
Lawrence Baskin, Vice President
Elizabeth Sapanai, Director
Jim Zell, Director
Scott Tye, Director
General Manager present:
Denise Badstubner - Administrative Asst.
B. PUBLIC EXPRESSION
The General Manager distributed a letter to the Board from Lance Meade regarding trash collection.
Director Sapanai stated that she received an email from Director Baskin regarding bottle water.
Director Sapanai suggested this item be put on the District website.
C. SETTING OF AGENDA
Director Sapanai made the motion to adopt the Agenda as presented. Director Baskin
seconded the motion. The motion was approved by unanimous vote.
D. APPROVAL OF MINUTES
Director Sapanai moved to approve the minutes of May 23, 2009. Director Baskin seconded
the motion. The motion was approved by unanimous vote.
E. APPROVAL OF DISBURSEMENTS
Director Sapanai moved to approve the Disbursements of May 20th. Director Baskin
seconded the motion. The motion was approved by unanimous vote. Director Sapanai moved
to approve the Disbursements of June 3rd. Director Baskin seconded the motion. The motion
was approved by unanimous vote.
F. PUBLIC HEARING
Consideration of appeal of Revocation of Discharge Permit by Tim Peterson, 12
Marine Way. Continued from the Saturday, April 18, 2009 Board Meeting.
The General Manager introduced the subject, which was continued from the Saturday April
18th Board Meeting. At that meeting, the applicant and the Board agreed to consider drafting
an agreement for discussion purposes only, for the June 20th Board meeting. The essence
of the agreement would be to develop a list of restrictions to be placed upon the property in
exchange for reinstatement of the Discharge Permit. The Board allocated up to $2000.00 to
Patrick Miyaki, SBCWD Legal Counsel, for his participation in preparing the agreement. The
agreement is titled "DECLARATION OF RESTRICTIONS AND WASTEWATER DISCHARGE
PERMIT REINSTATEMENT AGREEMENT FOR 12 MARINE WAY".
The General Manager pointed out and reviewed photos of 12 Marine Way, taken during the
garage/workshop demolition/construction process. Additional photos were provided of lot
clearing at 20 Arenal Ave., which is the property next door to Marine Way. Also discussed,
was a letter from Mr. Dave Nicholson, Dept. of Public Works, which points out that the
property, appears to have been graded without a permit.
The General Manager suggested the Board adjourn the meeting temporarily and reconvene at
12 Marine Way to look at the property. Mr. Peterson stated that this would not be possible
because he had tenants at the house.
Mr. Miyaki explained the agreement to the Board. Mr. Miyaki stated that Riley Hurd, attorney
for the applicant, prepared the agreement. Mr. Miyaki stated that the agreement is a reflection
of what he and Mr. Hurd believes sets forth the terms and conditions that were laid out in the
motion adopted by the Board at the April 18th meeting. Mr. Miyaki reviewed the terms and
conditions of the agreement; Covenants Run with the Land, Terms, Wastewater Discharge
Permit, and Appeal, Water Use Limitation, Workshop Use Limitation, Monitoring Fee,
Agreement costs and the Default Clause.
President Boucke asked for clarification and explanation regarding the Water Use Limitation,
which regulates the limitation of gallons per day. Director Baskin explained the terminology. If
the gallons per day are exceeded in any 2 months of any consecutive 3 month period, SBCWD
may revoke the Discharge Permit.
Mr. Miyaki reviewed the Default Clause in detail, stating, if the owners fail to comply with any of
the terms and conditions set forth in this Agreement, the Discharge Permit will automatically be
revoked. SBCWD may immediately issue a Failed System Citation. In this clause, the owners
waive their right to a public hearing, or appeal at any level. SBCWD may terminate water
service within 30 calendar days after recordation of the Failed System Citation. Reinstatement
of the Discharge Permit after revocation will require the owners to construct a septic system
that is in full compliance with SBCWD regulations in effect at the time the system is upgraded.
President Boucke asked for comments from the Board. Director Sapanai had comments
regarding the characterization of the space as a workshop. She stated, "Even given the
explanation of its use by the appellant, it really is more of a family room than a workshop".
Director Sapanai would like the word "workshop" removed from the agreement. Director
Sapanai had significant concern regarding the use limitation of the second unit, "shall not be
used as a living space for overnight sleeping". Director Sapanai stated this limitation is not
enforceable by the District.
Director Zell voiced his concerns regarding entering into an agreement with the appellant not
knowing the location of the leach field. Director Zell stated he would be more inclined to
support the agreement if he was satisfied that there was a proper wastewater system in place.
Director Zell stated that District Engineer, Rich Souza and Wastewater Technician, Chris Kelly
have not been able to locate the leach field. Director Zell stated that when new construction
has taken place, this requires that the District investigate or upgrade the wastewater system.
Director Baskin stated that this agreement was set forth to establish a compromise between
the property owner and the District. Director Baskin stated that the applicant needs to be
aware of the use of the "workshop" space. Director Baskin stated he would support the
approval of the agreement.
Director Baskin made the motion to adopt the agreement as a compromise and settle the
appeal based on the proposal of the agreement that is before the Board. President Boucke
seconded the motion. President Boucke called for the question. Director's Baskin and
Boucke voted yes. Director's Sapanai and Zell voted no. The motion failed for lack of a
Director Baskin suggested continuing the matter to a further hearing and schedule it
accordingly. Director Baskin recommended Mr. Hurd work with Patrick Miyaki to add a
provision to the agreement that the space called "workshop" be restricted to owner use only.
District legal counsel recommended that "workshop" be changed to "converted garage".
President Boucke stated that this matter will be continued, when the recommended changes
are made to paragraph 5, and after further consideration from the Board.
Public Hearing to consider the Revocation of Discharge Permit for Harry Hunt, 285
Belvedere, APN 195-142-23, Acct. #5120.
The General Manager explained that this particular system has a redwood tank which upon
inspection, was filled with dirt. He stated that Mr. Hunt has been working with Rich Souza and
Leon Lee, from Septic Troubleshooters and the septic tank could be replaced quickly. If the
leach field is failed there is room on the property for a new field. The General Manager
suggested that the Wastewater Committee join him on the property at a later date to review
and discuss the leach field. The General Manager recommended to the Board that the
property owner be allowed to replace the tank and use it as a holding tank until the leach field
matter is resolved. Director Sapanai asked about a time line. The General Manager
recommended 30 days. Director Baskin made the motion to allow the property to be occupied
utilizing the new septic tank as a holding tank and the matter will be continued for one month to
review and resolve the leach field matter. Director Sapanai seconded the motion. The motion
was approved by unanimous vote.
Discussion and appropriate action re: Resolution No. GB-2009-03, amending
Resolution No. GB-2007-04, "Establishing a Policy for Water Use Charge Reductions".
The General Manager explained that at last month's Board meeting it was noticed that some
sections of Resolution No. 2002-07 "Establishing a Policy for Water Use Charge Reductions"
were not brought forward to GB-2007-04; therefore, it was recommended to review and amend
Resolution GB-2007-04, by adding sections 1 and 3 of Resolution GB-2002-07, amending
Resolution to GB-2007-04.
Director Zell made the motion to approve Resolution No. GB-2009-03 with the proposed
amendments suggested. Director Sapanai seconded the motion. The motion was approved
by unanimous vote.
Discussion and possible direction to staff re: Results of the Water Rate Study
conducted by Camp, Dresser and McKee (CDM). This item was continued from the
Saturday, May 23, 2009 Board meeting and the Wednesday, June 17, 2009 Special Board
The General Manager stated that at the Wednesday, June 17, 2009 Special Board meeting,
the Board voted to recommend an "across the board" rate increase of up to 9% per year for
Water and Wastewater for the next 2 years. The General Manager stated that the next step
would be to start the public notification process which requires a minimum of 45 days written
notice to all customers. President Boucke requested time to review the Wastewater
expenditures and the sharing of costs and allocations between Water and Wastewater.
Director Sapanai stated that more attention should be paid to "Fees", especially those directly
related to Engineering. Director Baskin stated that as a part of the review process the
Finance Committee should evaluate the "Fee schedule", and to propose a schedule of Fee
increases. Director Baskin stated the purpose of the motion is to set the maximum possible
rate increase. Director Baskin made the motion that the Board commence with the public
hearing process to have a rate increase of up to 9% per year for 2 years across the board,
Water and Wastewater, and that the rates for the District Fee Schedule be increased in an
appropriate manner to reflect the District costs. Director Sapanai seconded the motion. The
motion was approved by unanimous vote.
G. GENERAL BUSINESS
Discussion and appropriate action to approve Resolution GB-2009-04, establishing an
Appropriation Limit Pursuant to Article XIII B of the constitution of California for the
Fiscal Year 2009-2010.
Director Zell made the motion to approve Resolution GB-2009-04, establishing an
Appropriation Limit Pursuant to Article XIII B of the Constitution of California for the Fiscal Year
2009-2010. Director Sapanai seconded the motion. The motion was approved by unanimous
H. MANAGER'S REPORT
The General Manager announced that the Flood Advisory Board meeting will be held on
Thursday, June 25 at 6:30 p.m. at the Stinson Beach Community Center.
The General Manager told the Board that the new Interim Superintendent for GGNRA has
requested to meet with the Community. The General Manager asked if the Board would like a
meeting with the Interim Superintendent, Mr. Frank Dean. The Board suggested that the
Village Association and the District coordinate a meeting jointly. Chris Herrington
recommended a Village Association meeting, dedicating it exclusively to the relationship of the
Community and GGNRA. President Boucke requested that this event be done jointly between
the Village Association and SBCWD.
The General Manager asked if the Board had any other questions regarding his report.
President Boucke asked if the Notice of Award was sent to MASSA Construction. The General
Manager said yes.
The General Manager commented on Dr. Black's newspaper article regarding the "mercury"
issue. In his article Dr. Black stated that; "The groundwater and drinking water of Stinson
Beach is not contaminated nor is the water off the coast hazardous as the levels of mercury
and methyl mercury are too low to affect humans directly". "The danger, he said, is when it
gets in the food chain". The General Manager stated that his response to public inquiry
regarding this matter is that the District provides an Annual Water Quality Report, we work
closely with the California Dept. of Public Health, and we have an aggressive septic system
The General Manager reported on the status of the LCP (Local Coastal Program) update.
I. COMMITTEE REPORTS
President Boucke called for a motion to adjourn the meeting. Director Baskin made the motion
to adjourn the meeting. Director Sapanai seconded the motion. The motion was approved by
unanimous vote. The meeting was adjourned at 11:32 a.m. The next meeting will be held on
July 18, 2009, at 9:30 a.m.