BOARD MEETING MINUTES

REGULAR MEETING
Saturday, September 15, 2012

A.    CALL TO ORDER/ROLL CALL

President Elizabeth Sapanai called the Regular meeting of the Board of Directors of the Stinson Beach County Water District to order on Saturday, September 15, 2012, at 9:30 a.m., at the Stinson Beach County Water District office, located at 3785 Shoreline Highway, Stinson Beach, CA 94970.

Directors present:
Elizabeth Sapanai, President
Jim Zell, Vice President
Lawrence Baskin, Director
Barbara Boucke, Director
Scott Tye, Director

Treasurer present:
Judy Stemen

General Manager present:
Ed Schmidt

Staff present:
Rich Souza - District Engineer
Helma Schwendig - Administrative Asst.

B.    PUBLIC EXPRESSION

None.

C.    SETTING OF AGENDA

The agenda was unanimously adopted as set.

President Sapanai stated that because both the Royce and Grant projects required an Initial Study and Mitigated Negative Declaration under the California Environmental Quality Act (CEQA), there are now two Resolutions before the Board for each project: (1) A Resolution Adopting a Mitigated Negative Declaration and (2) A Resolution Granting a Variance. The Board will vote separately on each Resolution. If the first Resolution passes, the second Resolution will be acted upon.

D.    PUBLIC HEARING - CONSIDERATION OF REQUEST FOR VARIANCE TO UTILIZE AN ALTERNATIVE WASTEWATER SYSTEM DESIGN FOR VACANT LOT LOCATED NEXT TO 2 CALLE DEL EMBARCADERO, APN 195-132-03, OWNED BY SUZANNE ROYCE

1. Consideration of Resolution Adopting Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program For Royce Variance Application for Alternative Wastewater System Design.
   
   The General Manager summarized the staff report. After reopening the hearing on the Variance Application, which was not approved by the District, the District determined that an Initial Study should be prepared for the Variance Application. The District circulated the Initial Study and Mitigated Negative Declaration as required by CEQA. During the public comment period, the District received only one verbal comment from a neighboring property owner concerning flooding. Flooding is addressed in the Initial Study. The CEQA documents were also sent to the Regional Water Quality Control Board. On July 13, 2012, the District received a letter from the State Clearinghouse in Sacramento, acknowledging that no state agencies submitted comments and that the District complied with all review requirements.
   
   The General Manager covered the highlights of the District's response to the environmental questions posed in the Initial Study. The Initial Study concluded that the project would not have a significant effect on the environment.
   
   Riley Hurd, III, counsel to Ms. Royce, and Norman Hantzsche, of Questa Engineering, both extolled the virtues of the proposed Advantex system over a standard sand filter system. Mr. Hurd stated that all standards have been met and that the proposed project will in no way cause flooding. An Advantex system occupies less land area and is logical for this small lot of 4,800 square feet.
   
   Steve Marnell, a resident of #12 Calle del Occidente, stated the project has no adverse effect on his property and should be approved.
   
   Tom Silk, a resident of #11 Calle del Occidente, urged the Board to follow the recommendation of staff and approve the project.
   
   Linda Beals's note (#20 Calle del Embarcadero) approving the new system was circulated to the Board as well as three letters opposing the project from Kathleen Hurley and Sarah Hamilton (#7 Calle del Occidente), Bonnie Rose (#5 Calle del Embarcadero), and Erika Lowry (#2 Calle del Embarcadero).
   
   Bruce Wachtell, a resident of #30 Calle del Embarcadero, stated he has lived at the ocean side of this street for 40 years. He is neither for nor against the project, but he wants the Board to understand that flooding up to a depth of 30 inches has occurred on this street and will happen again.
   
   Erika Lowry, a resident of #2 Calle del Embarcadero and Ms. Royce's adjacent neighbor, read her letter of opposition to the project, and stated she has experienced flooding.
   
   Norman Hantzsche explained that the system does not have a holding tank proposed, but it has a built in float float valve that can turn the system into a temporary holding tank in periods of high water.
   
   Director Zell stated he was troubled with the 18 inch groundwater standard, as it occurred during a 47 day drought. He presented seven photos for placing in the record which were apparently taken during the winters of 2005 and 2006, showing flood waters from Easkoot Creek inundating Calle del Arroyo, Calle del Ribera and neighboring environs, the result of sediment that is rapidly filling in the creek bed.
   
   Director Tye stated he has a problem with the proposed system turning into a holding tank during periods of high water, created by future anticipated sea level rise and other factors. He stated the District's code does not allow holding tanks that were not grandfathered in. Director Baskin responded that the proposed system's back up plan protects against discharge of effluent into the neighborhood. He stated it is an advanced system that has the capability to turn into a holding tank if the need arises.
   
   Director Boucke motioned to approve Draft Resolution No. WW-2012-__ [subsequently renumbered WW-2012-05] Adopting Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program For Royce Variance Application for Alternative Wastewater System Design.
   
   Director Baskin seconded the motion. The motion passed 4 - 1 as follows: AYES: President Sapanai, Vice President Zell, Director Baskin, Director Boucke; NOES: Director Tye
2. Consideration of Resolution Granting a Variance to the Requirements of the District's Title IV to Utilize an Alternative Wastewater System Design for the Royce Property.
   
   Ms. Royce originally submitted a Design Review Application for an Onsite Wastewater System for an alternative system in October 2009. In January 2010, the District's Title IV Onsite Wastewater Management Code was changed to modify the then 18 inch depth to groundwater requirement to 24 inches. However, the District informed Ms. Royce that it would apply the 18 inches to this Design Review Application only. Subsequently, Ms. Royce withdrew her application, resubmitted her request for a variance, submitted further information to make the request complete, and finally a hearing was held on August 20, 2011. The request for the variance was not approved as only two directors voted in favor. The hearing was reopened on October 15, 2011. It was then determined that an Initial Study should be prepared for the Variance Application.
   
   Director Baskin stated that the Royce lot does not exacerbate the flooding issues, and that the properties closer to Easkoot Creek experience more flooding than the properties closer to the ocean.
   
   President Sapanai declared that staff and engineers have gone to great lengths to adopt the environmental impact report. She could not make any findings to not approve the variance.
   
   Director Baskin motioned to approve Draft Resolution No. WW 2012-__ [subsequently renumbered WW 2012-04] Granting a Variance to the Requirements of the Stinson Beach County Water District Wastewater Treatment Regulations Title IV to Utilize an Alternative Wastewater System Design for Vacant Lot Located next to 2 Calle Del Embarcadero, Stinson Beach, subject to inserting the following additional condition on page 2 of the Resolution:
   
   "a. The development on the Property is limited to a new single family residence that is no larger than 1,400 square feet as described in and shown on the drawing attached to the Variance Application."
   
   Director Boucke seconded the motion. Director Baskin felt it was not necessary for him to abstain from voting even though he lives within 500 feet of the project. He stated he has no interest, monetary or otherwise in the project. The motion passed 4 - 1 as follows: AYES: President Sapanai, Vice President Zell, Director Baskin, Director Boucke; NOES: Director Tye

E.    PUBLIC HEARING - CONSIDERATION OF REQUEST FOR VARIANCE TO UTILIZE AN ALTERNATIVE WASTEWATER SYSTEM DESIGN AND WHERE THE PROPERTY LINE SETBACK WILL BE REDUCED FROM FIVE TO THREE FEET FOR VACANT LOT LOCATED AT 177 DIPSEA ROAD, OWNED BY TONY AND CAROLINE GRANT.

1. Consideration of Resolution Adopting Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program For Grant Variance Application for Alternative Wastewater System Design.
   
   The General Manager summarized the staff report. The consideration of this Resolution relates to a variance application for an alternative wastewater system for the vacant lot at 177 Dipsea Road. The Variance Application will also be considered by the Board at this September 15, 2012 Board meeting.
   
   The District determined that an Initial Study should be prepared for the Variance Application. The District circulated the Initial Study and Mitigated Negative Declaration as required by CEQA. The District did not receive any comments during the public comment period. The CEQA documents were also sent to the Regional Water Quality Control Board. On August 2, 2012, the District received a letter from the State Clearinghouse in Sacramento, acknowledging that no state agencies submitted comments and that the District complied with all review requirements. The Initial Study concluded that the project would not have a significant effect on the environment.
   
   Director Tye motioned to approve Draft Resolution No. WW 2012-__ [subsequently renumbered WW 2012-07] Adopting Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program For Grant Variance Application for Alternative Wastewater System. Director Zell seconded the motion. The motion passed unanimously with the exception of Director Boucke who abstained from voting as she lives within 500 feet of the proposed project.
2. Consideration of Resolution Granting a Variance to the Requirements of the District's Title IV to Utilize an Alternative Wastewater System Design and Reduce a Setback Requirement for the Grant Property.
   
   To meet the 100 foot setback requirement from Seadrift Lagoon, the raised bed leach fields that are proposed within three feet to the northerly property line require a variance to Sec. 4.15.100 Site Criteria-Setbacks. A variance is also required to Sec. 4.19.010 Use of Alternative Wastewater System Designs for use of the Advantex recirculating textile filter instead of a standard intermittent sand filter.
   
   Director Baskin motioned to approve Draft Resolution No. WW 2012-__ [subsequently renumbered WW 2012-06] Granting a Variance to the Requirements of the Stinson Beach County Water District Wastewater Treatment Regulations Ordinance 2012-01 to Reduce a Setback Requirement to a Property Line and for Use of an Alternative Wastewater System, for Property Located at 177 Dipsea Road, Stinson Beach. Director Tye seconded the motion. The motion passed unanimously with the exception of Director Boucke who abstained from voting as she lives within 500 feet of the proposed project.

F.    PUBLIC HEARING - CONSIDERATION OF REQUEST FOR WAIVER TO UTILIZE AN ALTERNATIVE WASTEWATER SYSTEM DESIGN TO REPLACE AN EXISTING SEPTIC SYSTEM LOCATED AT 250 BELVEDERE AVENUE, ACCT. #05140, OWNED BY TERRY- BALL FAMILY TRUST.

1. Consideration of Resolution Granting a Waiver to the Requirements of the District's Title IV to Utilize an Alternative Wastewater System Design for the Terry-Ball Property.
   
   The General Manager summarized the project, which is not subject to the CEQA requirements. The new owners are in the process of permitting habitable space for an existing secondary building structure. The total habitable space on the property will be approximately 2,100 square feet. The existing 150 gallon per day, single field gravity system, will be abandoned in place or removed. The proposed design and waiver application is for an alternative drip dispersal system with an Advantex pretreatment device, designed to treat and disperse a maximum daily wastewater flow of 450 gallons. The system design includes a 1,500 gallon septic tank, Advantex filter, 500 gallon sump tank, dual drip dispersal fields, and a dedicated reserve area.
   
   A waiver to the District's Title IV, Section 4.19.010 Use of Alternative System Designs may be granted since the system's designer has shown feasibility for a standard septic system and the alternative treatment components have equivalent or better treatment capabilities which are approved by the National Sanitation Foundation.
   
   President Sapanai noted that a daily wastewater flow of 450 gallons is excessive, given the District's limited water and storage capacity. She recommended a daily maximum wastewater flow limit of 300 gallons and an average daily flow rate of 200 gallons.
   
   Director Tye motioned to approve Draft Resolution No. WW-2012-__ [subsequently renumbered WW-2012-08] Granting a Waiver to the Requirements of the Stinson Beach County Water District Wastewater Treatment Regulations Ordinance 2012-01 to Utilize an Alternative Wastewater System Design for Property Located at 250 Belvedere Avenue, Stinson Beach, subject, however, to reduce the maximum and average daily wastewater flow to 300 and 200 gallons, respectively. Director Zell seconded the motion. The motion passed unanimously.

G.    APPROVAL OF MINUTES

Director Baskin moved to approve the Minutes of August 18, 2012. Director Scott seconded the motion. The minutes were approved unanimously.

H.    APPROVAL OF DISBURSEMENTS

Director Baskin moved to approve the disbursements of August 23 and September 10, 2012. Director Boucke seconded the motion. The disbursements were approved unanimously.

I.    MANAGER'S REPORT

The General Manager discussed his monthly report. The Solar (SEED) fund group has completed their assessment for solar potential at our Water Treatment Plant, but a feasibility assessment needs to be done. The Water Operations Committee will review their Memorandum of Understanding (MOU).

Our financial audit has been completed. The audit team will issue recommendations regarding the tracking of cash deposits and the implementation of individual employee action forms.

We received a check for $2,084.96 from Ms. Diane Durst, representing the final payment for the water line relocation at 135 Seadrift Road.

Mr. John Donahoe, former owner of 141 Seadrift Road, sent us a fax giving us the go ahead to relocate the water main line.

The General Manager observed a backhoe and construction material on the Jamie Sutton property. He reviewed the County conditions and sent Christine Gimmler an e-mail regarding various conditions that needed to be met during the construction process. Due to concerns that the installation of the new septic tank and pump chamber might compromise the integrity of the existing leach field, Ms. Sutton was instructed to close the diversion valve and operate the system as a holding tank. Vice President Zell stated he is concerned that the dirt from the excavation will wash into Easkoot Creek if the dirt pile is not removed before the start of the winter rains.

The General Manager has requested reimbursement of $2,182 from Chris Choo of the Marin County Department of Public Works for reimbursement for time and charges by Stetson Engineering assisting Marin County with the Easkoot Flood Control Study.

Ms. Marden Plant, who owns a rental home at 297 Seadrift Road, is being sued by her tenants for water quality. We sent her a copy of our laboratory reports, confirming the absence of coliform, and a copy of our "Disinfection, Flushing and Pipeline Testing Procedures" of August 2011.

The General Manager is working with Bill Sullivan, 30 Laurel Avenue, regarding the relocation of the water line which currently goes through Bonnie Sullivan's property.

The septic system at 12 Marine Way passed its monthly inspection.

The Quitclaim Deed, Property Description and the District's Certificate of Acceptance for GTE Mobilenet/Verizon Wireless, Steep Ravine Tank Site, was mailed on August 27, 2012.

The Board approved that the General Manager issue a Stage 1 Water Conservation Alert which will be put on the District's website, posted around town, mailed to large water users and placed in our next water bill.

Jane Heintzelman, of 3510 Shoreline Highway, sent a claim to the District for $140 for reimbursement for repairs to her washing machine. She stated the damage occurred as a result of our turning off the water on July 31, 2012, without notice, when AT&T accidentally drilled into the District's water main line while replacing a defective telephone pole. We will recommend that she send her claim to AT&T.

J.    COMMITTEE REPORTS

None.

K.    CORRESPONDENCE

None.

L.    ADJOURNMENT

The Board approved the General Manager's request to move its next regularly scheduled Board meeting date from October 20 to October 27, 9:30 a.m. so he may attend his niece's wedding.