BOARD MEETING MINUTES
REGULAR MEETING
Saturday, August 15, 2020
A. CALL TO ORDER/ROLL CALL
President Lawrence A. Baskin called to order the Regular meeting of the Board of Directors of
the Stinson Beach County Water District on Saturday, August 15, 2020, at 9:30 a.m., held via
Zoom teleconferencing due to COVID-19 in accordance with the Governor's Executive Orders.
Directors present:
Lawrence Baskin, President
Sandra Cross, Vice President
Barbara Boucke, Director
Morey Nelsen, Director
Jim Zell, Director
Treasurer present:
Judy Stemen
General Manager present:
Ed Schmidt
Staff present:
Marc Matheson - Temp Worker
B. PUBLIC EXPRESSION
Director Nelsen informed the board that Michael, husband of former District employee Bonnie
Jones, had recently passed away. He suggested that the District prepare a condolence card
and offered to provide the appropriate mailing address. Director Zell expressed an interest in
signing the card. General Manager Schmidt stated that District staff would secure the card and
invite the Board to sign it.
C. SETTING OF AGENDA
Director Cross requested a discussion of the District's personnel policies, which Chairman
Baskin agreed to include at the conclusion of the meeting.
There being no further modifications to the agenda, Director Nelsen moved and Director Cross
seconded a motion to approve the agenda as modified. The motion was approved
unanimously.
D. PUBLIC HEARING
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Discussion and possible direction to staff re: a Draft Resolution Granting Variance
to the Requirements of the Stinson Beach County Water District Wastewater
Treatment Regulations Ordinance No. 2014-04 to Install an Alternative Wastewater
System for Property Located at 321 Seadrift Road, Stinson Beach
Troy Pearce of AYS Engineering Inc. provided background on the project, advised the Board that the project features an Advantex/drip dispersal system. General Manager Schmidt reminded the Board that this matter had been reviewed and approved twice by the Wastewater Committee. Directors Nelsen and Cross added that the system includes a new 1500-gallon septic tank.
Board discussion centered on setback from the water main, which in Seadrift is ten feet. A motion was made by Director Nelsen and seconded by Director Cross to approve the resolution, subject to confirmation from the project engineer that setback from the water main is in fact ten (10) feet and subject to amended findings of facts as identified at the August 10th Wastewater Committee meeting. The resolution was approved unanimously as amended. -
Review a request from Mr. Steve Rubin to place a food truck on his commercially-
zoned property at 3425 Shoreline Highway
General Manager Schmidt explained that Mr. Rubin had requested, on the business day before the August 10th Wastewater Committee meeting, to be placed on that agenda. Mr. Schmidt accommodated the request.
Representing the project, Paul Pospisil of Questa Engineering Corporation stated that in assessing the site's wastewater system, he found that it allows for 200 gallons of use per day and a peak usage of 300 per day, including irrigation, based on use over the previous two-and- a-half years. Food truck employees only would be using the on-site toilet facilities solely, adding that all cooking and cleaning would be completed at the truck proprietor's commissary kitchen over the hill. The food truck features a hand washing station that feeds into a greywater holding tank which would be emptied at the proprietor's kitchen and thus would not impact the site's wastewater system.
Sean Kennings, a land use planner working with Mr. Rubin, stated that food trucks in Marin County require a conditional permit for both siting and use, and that County regulations prohibit any temporary structure, including food trucks, for more than 72 hours in duration. In other words, the truck would not be parked permanently at the site.
Following additional Board discussion touching on potential change of use considerations, the daily back-and-forth of the truck from its San Rafael home base to Stinson Beach, other potential uses planned for the site, county food truck guidelines, and the status of County- maintained public portable toilets located downtown, Director Cross recommended that the Board invite the input of the Stinson Beach Village Association. Director Nelsen said that he will reach out to the Village Association.
E. GENERAL BUSINESS
-
Discussion and possible direction to staff regarding the
establishment of the Gann Property Tax Appropriations Limit
for the District for Fiscal Year 2020-2021.
General Manager Schmidt reminded the Board that the establishment of an appropriations limit is an annual procedure, with public notice provided 15 days ahead of Board meetings. The current fiscal year's limit is approximately $2,176,000. While the new limit, for year 2020-2021, would be $2,243,900, the District receives only about half that amount.
Director Boucke asked for detail on the source population change data, and General Manager Schmidt agreed to would find out. Director Boucke moved and Director Cross seconded a motion to approve the resolution, which was approved unanimously.
F. APPROVAL OF MINUTES
Approval of the Minutes for June 20, 2020. There being no discussion, Director Nelsen moved, Director Boucke seconded and the Board
adopted unanimously a motion to approve the minutes.
G. APPROVAL OF DISBURSEMENTS
June 18 through July 29, 2020. Director Boucke inquired about the $7,5000 payment to Cropper Accountancy Corporation;
General Manager Schmidt explained that the disbursement represents a 50% deposit towards
the 2020 audit. He added that the auditors will visit the District on October 6th through 8th. There
being no further discussion, a motion to approve the disbursements was made by Director
Boucke and seconded by Director Cross. The Board approved the disbursements unanimously.
H. MANAGER'S REPORT
General Manager Schmidt reviewed highlights of his report, including news that Steve Kinsey
and Brian Johnson of the 21 Onda project had received their Design Approval Permit, valid for
three years, subsequent to the District's receipt of Johnson's payment of additional expenses.
Redwood Painting Company begins work on the Steep Ravine tank on August 15th and is
scheduled to conclude in four months. The District's response to the Marin County Civil Grand
Jury response has been submitted and related website enhancements completed. The District
has received a notice of potential payoff of the District's outstanding $42,862.47 lien for unpaid
water bills, the bulk of which is compounded 10% late payment penalty fees. The Board
approved the submittal of a payoff demand for that amount.
Mr. Schmidt requested to speak with the Board following the meeting, and Chairman Baskin
agreed.
I. COMMITTEE REPORTS
No reports were received.
J. CORRESPONDENCE
No correspondence was received.
B. PUBLIC EXPRESSION (continued)
Continuing the discussion initiated during the Public Expression period, Director Cross raised
concerns regarding the District's internal complaint process with overall personnel policies. She
asked if there is a written complaint policy and requested that a copy of such policies be
provided to the Board.
Chairman Baskin reminded the board that Brown Act requirements stipulate that Board
discussions on specific personnel issues be managed with discretion; he encouraged the Board
to meet with General Manager Schmidt if they have specific personnel questions. General
Manager Schmidt reiterated that option, stating that his door is always open to such
conversations. Chairman Baskin referred the Board to the "Marin IJ" article, "Common
misunderstanding led to Mill Valley mistake," dated July 25th, which he had circulated to the
Board by email on July 30th, as relevant to Brown Act provisions.
Director Boucke expressed a concern for handling personnel issues in the best way of balancing
the interests of all concerned. At this point in time, Treasurer Stemen left the meeting.
General Manager Schmidt reminded the Board that he had initially approached the Personnel
and Legal Committees regarding a specific personnel issue, requesting that he not be tasked
with carrying out the initial internal investigation. Their response, he said, was that he could and
should perform the investigation, with the guidance of Kurt Franklin of Hanson Bridgett.
Chairman Baskin responded that personnel matters are managed by the General Manager and
that the Board is not involved in direct day-to-day District operations. He acknowledged that the
General Manager may raise personnel issues with the Personnel or Legal committees, which is
what General Manager Schmidt had done. Further, Chairman Baskin stated that there is no
requirement for "balanced" input; he stated that General Manager Schmidt should be
commended as proceeding appropriately. Eventually, he said, the General Manager will report
his investigatory findings to the Legal and Personnel Committees, at which point the committees
will communicate with the District employee. Chairman Baskin stated that the priorities are to
isolate the external complaint and the employee, adding that the Personnel Committee should
look into what protocols are already in place and may be needed regarding complaint policies.
General Manager Schmidt informed the Board, regarding the specific personnel issue at hand,
that both he and Mr. Franklin have prepared lists of questions for the investigation, with
Franklin's list being quite lengthy, up to 60 questions altogether. He stated that Franklin would
review the investigation process, making any recommendations for punishment as appropriate,
following which the employee may request a Skelly meeting - defined as a hearing which must
be provided to an employee prior to the imposition of discipline.
Chairman Baskin advised General Manager Schmidt that he is instructed to cull the combined
questions as well as to add anything that Mr. Schmidt feels is appropriate.
K. ADJOURNMENT
There being no further business, Director Boucke moved and Director Nelsen seconded a
motion to adjourn, which was approved unanimously at 10:40am.