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BOARD MEETING MINUTES

REGULAR MEETING
Saturday, August 24, 2019

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, August 24, 2019, at 9:30 a.m., at the Stinson Beach County Water District office, located at 3785 Shoreline Highway, Stinson Beach, CA 94970.

Directors present:
Barbara Boucke, President
Lawrence Baskin, Vice President
Sandra Cross, Director
Morey Nelsen, Director
Jim Zell, Director


General Manager present:
Ed Schmidt

Staff present:
Rich Souza - District Engineer
Helma Schwendig - Office Supervisor

B.    PUBLIC EXPRESSION

Scott Tye distributed to the Board postcards from his files which he stated were prepared by the District some years ago that gave water saving tips during drought periods and fire season and were given in bulk to local realtors. Since the amount of vacation rentals has now doubled and we are going into the driest part of the year, he suggested that the District reinitiate the postcards.

C.    SETTING OF AGENDA

The agenda was unanimously adopted as set.

D.    PUBLIC HEARING

  1. Discussion and possible direction to staff re: a Resubmitted/Redesign Application to install a new pressurized sewer lateral at 6976 Panoramic Highway, Barbara Hancock, Owner, Account No. 3937.
    In addition to the individuals listed in Section A. Call to Order/Roll Call above, the following were also present:

    Sandra Guidi, neighboring property owner at 6986 Panoramic Highway
    Len Rifkind, attorney, representing the Guidis
    Neil Sorensen, attorney, representing the applicant, Barbara Hancock.
    Shawn Scott, applicant's son-in-law, residing at 6976 Panoramic Highway
    Lina Scott, applicant's daughter
    Paul Pospisil, Questa Engineering, designer of the system
    Mike Mitchell, project's architect
    Sean Kennings, project's planner
    Nathan Metcalf, attorney for the District
    Dave Horning, neighboring property owner at 7000 Panoramic Highway
    Scott Tye, local Marin County resident

    Rich Souza described the long history and events to date, beginning with the District's involvement in 1981, which included the Barrel House. The Design Approval Permit of the property's latest owner, Barbara Hancock, is valid until December 19, 2019.

    The Board packet consisted of Rich's Staff Report to the Board, as follows:

    The resubmitted Design Review Application was submitted in response to an expired wastewater construction permit for the new single-family residence at 6976 Panoramic Highway and to allow continued use of the "barrel" house as an Accessory Dwelling Unit (ADU). Plans administratively approved by the District in December 2016 indicated the decommissioning of the "barrel" house wastewater system. The "barrel" house was proposed to remain as storage. The Design Review Application documents, however, propose connecting the "barrel" house to the new single-family residential wastewater system by installing a grinder pump and an 1-1/4" pressurized sewer lateral. The proposed improvements meet Title IV Regulations. Per Section 4.07.220 Approval of Design Review Application and Plans; Issuance of Design Approval Permit, staff may issue a Design Approval Permit. Given the public comments and changes to the Coastal Permit, staff requests the Board of Directors to endorse all plans for the new residence and "barrel" house and direct staff to issue a Design Approval Permit.

    A Coastal Permit application to amend Coastal Permit 2015-0161 was submitted to Marin County to authorize conversion of the "barrel" house to an ADU. The "barrel" house was constructed legally, is 17.5 feet in height above grade, and located in an environmentally sensitive habitat area. To minimize disturbance of the sensitive habit, the grinder pump is proposed under the building and portions of the sewer lateral will be installed within an inactive 4" sewer pipe. Additionally, relocation of the existing water main is proposed where the 10-foot minimum setback to the new sewer lateral is not feasible. The owner is responsible for submitting water main relocation plans and applicable fees to the District for review and approval. Relocation of the water main is to be performed by the owner's contractor and inspected by District staff.

    SBCWD Permit History:
    The following is a permit timeline for the "barrel" house wastewater system installed in 1990. The "barrel" house is approximately 540 ft2 per the Marin County Administrative Coastal Decision dated 12-20-18. The standard pressure distribution system was designed for a maximum and average daily use of 170 and 115 gallons, respectively. Variances were approved by the District to reduce the trench cover fill from 24 inches to 18 inches and to reduce the septic and pump tank waterbody setback from 50 to 15 feet. The leach field was removed and disposed for the construction of the new single-family residence. The existing septic and sump tank are currently utilized as holding tanks for the "barrel" house.
    12-15-87 Resolution WW-87-19 Approved
    12-4-89 Extension of Preliminary Design Approval - Septic System
    1-30-89 Preliminary Design Approval, Septic System
    8-09-90 Notice of Final Inspection
    The following is the District's permit timeline issued for the new single-family residence. The system is a standard pressure distribution system design for a maximum and average daily use of 600 and 400 gallons, respectively.
    6-22-04 Conditional Final Design Approval (expired) (Owner - Finn)
    9-04-07 Design Approval Permit (expired) (Owner - Serrano)
    3-29-10 Design Approval Permit (expired) (Owner - Serrano)
    4-30-12 Design Approval Permit (expired) (Owner - Serrano)
    2-08-14 Design Approval Permit Extension (expired) (Owner - Hancock)
    12-19-16 Design Approval Permit (valid for 3 years) (Owner - Hancock)
    3-27-17 Construction Permit (expired) (Owner - Hancock)
    Construction Observations:
    The wastewater system serving the new single-family residence was installed by Drew Underground. Listed below are the construction observations performed by District staff:
    3-27-17 Construction Layout of Significant Components
    7-02-19 Septic Tank Water Tightness Test, Pressure Test of Leach Lines
    7-22-19 Final Observation of System Operation
    District Response Letters to Marin County Planning:
    District staff reviewed and responded to multiple Marin County Planning Transmittals. Listed below are staff's response letters.
    6-29-09 Letter to Planning - request by District to reduce habitable space and show minimum setback requirements
    10-05-09 Letter to Planning - request by District to reduce habitable space
    6-08-15 Letter to Planning - request by District to reduce habitable space
    7-27-15 Letter to Planning - request by District to submit revised septic plans
    6-07-18 Letter to Planning - remove water fixtures in "barrel" house
    10-29-18 Letter to Planning - request by District to submit revised septic plans and show SCA setbacks
    1-03-19 Letter to Planning - petition for appeal, "barrel" house
    Marin County Permit History:
    Sean Kennings, project planner, provided a Permit History letter for the subject property. The District responded to the County Planning Transmittals and continuously indicated the total habitable floor area cannot exceed 3,300 ft2. Per Section 4.15.621 Design Flow of Title IV Regulations, the total habitable floor area of the new single-family and "barrel" house buildings cannot exceed 3,300 ft2. The project architect, Michael Mitchell, met with the Wastewater Committee and revised the architectural plans to indicate the total habitable space does not exceed Title IV requirements of 3,300 ft2.

    Per the Marin County Planning Division Administrative Coastal Permit Amendment, the "barrel" house is considered a legal nonconforming structure. A Coastal Permit Amendment authorizing the conversion of the "barrel" house to an accessory dwelling unit and to reconnect to the existing septic system was conditionally approved by Marin County. Condition 2 of the approval specifies:
    BEFORE THE ISSUANCE OF A BUILDING PERMIT, the applicant shall modify the project to conform to the following requirements:

    The barrel house shall connect to the new leachfield using components from the original septic system, such as the "existing ABS 4" effluent pipe" and "old sewer pipe location per 1987 septic plan" identified on plan set Sheet 4 titled "Old Sewer Pipe Location Plan" and prepared by Questa Engineering Corp. Components from the septic system authorized under Variance WW-88-09 are allowed if such components are located outside the stream and wetland buffer.
    The design application is complete. There are no variances requested. The Wastewater Committee reviewed the application on July 7, 2019 and recommended the use of a back-up generator and service provider to monitor operations and maintenance. Comments from the neighbor were received and included as an attachment. Listed below are Staff's conditions of approval:

    1. Installation of a back-up generator to serve the "barrel house" grinder pump
    2. Obtain all applicable County Building permit(s) for installation of the pumping unit below the building
    3. Prior to construction of "barrel house" sewer lateral, submit a design application and fee for relocation of the water main per the District's standard specifications
    4. Relocation of the water main to meet a 10-foot setback to the sewer lateral
    5. Coordination of all inspections with District for connections, disinfection, and installation of the water system improvements
    6. Installation of water conservation plumbing fixtures, i.e., 1.6-gallon flush toilets and low-flow showerheads
    7. Following the issuance of a Discharge Permit, one (1) inspection of the septic system for the 1st year, with subsequent inspection frequency to be determined by District staff
    8. All sewer roof vents shall be screened to prevent mosquito infestation of the septic tank
    9. The property owner shall submit to the District the name, address, e-mail, license number or certification of a service provider who will provide maintenance and monitoring of the wastewater system

    Approval of the Redesigned Plan application will result in the issuance of a new Design Approval Permit by staff. The owner is to submit a water relocation plan and fees for review and approval by staff. Following approval of the water relocation plan, the owner shall relocate the water main to meet a 10-foot setback to the proposed sewer lateral. Following construction completion of the water main relocation, the owner may pay the fee and pull the Construction Permit for the "barrel" house wastewater improvements.

    Included in the Board packet were the following documents:
    Application Letter from Questa Engineering to install a grinder pump and pressure line
    Marin County Planning Commission Resolution No. PC 19-002 denying the Stinson Beach County Water District and Guidi Appeals and Conditionally Approving the Hancock Coastal Permit dated February 11, 2019
    Marin County Planning Administrative Coastal Decision, Hancock Coastal Permit Amendment dated December 20, 2018
    District Staff Transmittal Letters to the Marin County Community Development Agency
    District Staff Construction Observation Notes
    Permit History Letter from Sean Kennings
    Neighbor Comments
    3 sheets of the Reduced Design Plan
    The General Manager distributed to the Board a copy of Title IV, Sec. 4.07.220 Approval of Design Review Application and Plans; Issuance of Design Approval Permit which states:
    "Following a determination of completeness, the design review application, including plans and specifications, shall be reviewed for conformance to the requirements of this code and other pertinent laws and regulations by the District Engineer. If the application is determined to so conform, the District Engineer shall endorse said application, along with all plans and specifications, as "APPROVED" and shall issue a Design Approval Permit. If the application requires a Variance Hearing, then the District Engineer shall issue a Design Approval Permit and endorse all plans and specifications, as "APPROVED" upon granting of the Variance request by the Board of Directors. The Design Approval Permit shall be valid for a period of three years. No extension shall be granted."
    Since the applicant did not request any variances, the Board will not vote for or against the project, but instead give direction to staff to proceed nor not proceed with staff's planned course of action.

    The General Manager also distributed to the Board copies of correspondence dated August 22, 2019 from Leonard A. Rifkind, attorney, representing Sandra and Rob Guidi, in opposition of what he describes is a "new" wastewater system located within a wetland at 6976 Panoramic Highway. Also, Mr. Rifkind contends that the District must conduct an initial study under CEQA as is the case for the pending 21 Calle del Onda project.

    The General Manager also distributed to the Board copies of correspondence dated August 23, 2019 from Neil Sorensen, attorney, representing Barbara Hancock, requesting staff's recommendation to approve the sewer lateral for the accessory dwelling unit (the barrel house), as there is no basis to deny the application. Mr. Sorensen also stated that the permit involves the re-use of existing sanitary delivery lines and related facilities and that no further Coastal Permit or environmental review is required.

    Mr. Rifkind distributed to the Board copies of a large, colored map showing the main residence, the barrel house, and the surrounding wetlands.

    A great deal of discussion ensued on the definition of new construction, the purpose of the grinder pump, the condition of the tight line, no setback requirement for a tight line under Title IV, health and safety and other related items. Comments were also heard from Dave Horning, Scott Tye, Paul Pospisil, Sean Kennings, Mike Mitchell, Lina Scott and Shawn Scott. In the end, after listening to all comments and opinions and considering Title IV regulations, President Boucke, Vice President Baskin, and Directors Cross and Nelsen directed that staff proceed to issue a Design Approval Permit as set forth in the staff report. Director Zell needed more clarification of the environmental aspects of the project.

E.    APPROVAL OF MINUTES

Director Cross moved to approve the minutes of July 20, 2019. Vice President Baskin seconded the motion. The motion was passed unanimously by President Boucke, Vice President Baskin and Directors Cross, Nelsen and Zell.

F.    APPROVAL OF DISBURSEMENTS

Vice President Baskin moved to approve the disbursements of July 18 and July 26, 2019. Director Nelsen seconded the motion. The motion was passed unanimously by President Boucke, Vice President Baskin and Directors Cross, Nelsen and Zell.

G.    MANAGER'S REPORT

The General Manager discussed his monthly report. Reimbursement has been received from Steve Rubin's insurance company to repair the District's office gate. The owner of the damaged handrail at 290 Seadrift Road has not sent a repair estimate.

A field trip will be set up for the Board to again visit tank sites and review emergency procedures. Estimates will be obtained for the value of the 6 temporary water tanks that were used during the painting of the Laurel Water Tank.

H.    COMMITTEE REPORTS

None.

I.    CORRESPONDENCE

The Board reviewed the correspondence.

J.    ADJOURNMENT

The meeting was adjourned at 11:30 a.m. The next regular meeting will be on Saturday, September 21, 2019, at 9:30 a.m.

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