SBCWD Logo

BOARD MEETING MINUTES

REGULAR MEETING
Saturday, April 16, 2022

A.    CALL TO ORDER/ROLL CALL

President Morey Nelsen called to order the Regular meeting of the Board of Directors of the Stinson Beach County Water District on Saturday, April 16, 2022, at 9:30 a.m., held via Zoom teleconferencing due to the COVID-19 pandemic and in accordance with Assembly Bill 361, which modifies government code 54953.

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

Treasurer present:
Judy Stemen

General Manager present:
Ed Schmidt

Staff present:
Rich Souza - District Engineer
Marc Matheson - Administrative Assistant

B.    PUBLIC EXPRESSION

None.

C.    SETTING OF AGENDA

Noting the presence of the customer related to the agenda item E-3, possible lien on property, President Nelsen proposed consideration of that item first. A motion to consider moving the item was proposed by President Baskin, seconded by Director Cross, and approved unanimously by the board.

E.    PUBLIC HEARING

  1. Discussion and direction to staff re: a possible lien on property located at 95 Buena Vista Avenue, for unpaid water and wastewater base fees. Karen Pandolfi, owner. Account 3650.
    General Manager Schmidt introduced the item, outlining the history of a failed septic tank which led to water service being suspended ten years ago and the ensuing nine years of the customer continuing to pay the required water and wastewater base fees. The customer stopped paying those fees in January 2021 and notified the District of her intention not to resume payments.

    Mr. Schmidt also noted that District code defines such a situation as abandonment.

    Following discussion involving the customer, Wastewater Engineer Souza, and board members, it was agreed that the lien hearing would be continued to the June board meeting. At the June meeting the customer will be expected to provide an update on her plans for addressing the failed wastewater system. The customer agreed to begin a six- month payment plan to address the arrears and to resume regular base fee payments.

    The customer requested advice on navigating the design and installation of a new wastewater system and was referred to the District's list of system designers.

    A motion to approve the terms of these agreements was made by Director Cross, seconded by Director Baskin, and approved unanimously by the board.

D.    SPECIAL ORDER OF BUSINESS

  1. Consider and reaffirm Resolution GB-2021-07 making findings pursuant to Assembly 361 that the proclaimed state of emergency continues to impact the ability to meet safely in person.
    Director Baskin proposed reaffirmation of the resolution, which motion Director Zell seconded and the board approved unanimously.

E.    PUBLIC HEARING

  1. Discussion and possible direction to staff re: Variance request for modifying an Alternative System at 3755 Shoreline Highway, Bolinas Community Land Trust, owner. Account 0780.
    Engineer Souza introduced the item, outlining the three requested variances:

    a. Resuming use of the previous wastewater system approved for six dwelling units;
    b. A site setback from Bolinas Lagoon; and
    c. Modifications for a new supplemental pretreatment device to reduce biological and chemical strength prior to dispersing into the native soils.

    Discussion covered the addition of a sixth dwelling unit as previously approved, modification of the existing wastewater system, and the affirmation by the Wastewater committee of their approval.

    Directors Baskin and Boucke motioned and seconded the motion, respectively, to approve the variance requests, subject to the addition of corrected resolution language regarding any future community sewage system. The Board agreed unanimously.
  2. Discussion and possible direction to staff re: Variance request for use of an Alternative System at 2 Jose Patio, Marie Dern, owner. Account 1470.
    Engineer Souza introduced the item and reviewed the failed system situation. Following brief discussion, Director Boucke moved for approval, subject to modification of the resolution text regarding any future community wastewater system, which motion was seconded by Director Baskin and approved unanimously by the board.

F.    GENERAL BUSINESS

  1. Update on the Ranch Well replacement and new well research by Allan Richards.
    Mr. Richards introduced the item, screensharing the document which had been provided in the board materials regarding the replacement Ranch well in Stinson Gulch. The drilling of the well went nicely and the site appears to have good potential for water.

    Also on the agenda was new well research, although this was not discussed.
  2. Upcoming Funding Opportunities presentation by Breeze Kinsey. Mr. Kinsey of CivicKnit outlined the following funding opportunities:
    * California Senate Bill 1, the Sea Level Rise Mitigation and Adaptation Act of 2021, provides tools and resources for communities to address the impacts of sea level rise. The legislation provides for $100 million in funding for adaptation planning and implementation. Funding has been authorized but not yet allocated, and will be disbursed through the Regional Water Quality Control Board, likely within the year.
    * The California Office of Planning and Research (OPR) is working on disbursement planning through the Integrated Climate Adaptation and Resilience Planning Grant Program (ICARP), which received $25 million to fund the Climate Adaptation and Resiliency Program in support of local, regional and tribal adaptation planning across the state. Initial informational meetings will take place through April, following which Mr. Kinsey will report back on funding opportunities available to the District.
    * California Water Recycling will have funding available through a 50% matching arrangement up to $150,000.
    * The County of Marin's Collaboration: Sea-level Marin Adaptation Response Team (C- SMART) project has hired a new staff person who will organize the local Stinson Beach public community meeting regarding sea level rise resilience and adaptation. Current expectations are that such an event could happen in summer or late fall.

    General Manager Schmidt reminded the board that this work by CivicKnit is Phase 2 of the District's collaborative effort towards sea level rise adaptation studies, allocated with $20,000 of the District's money, specifically targeting funding sources for the long-term septic relocation project.
  3. Discussion and possible direction to staff re: draft franchise agreement with Recology as required with Senate Bill 1383.
    General Manager Schmidt initiated the discussion, outlining the responsibilities of the District in implementing Senate Bill 1383, California's waste recycling and short-lived climate pollutants reduction act. In collaboration with the Bolinas Public Utility District, the District is looking to jointly hire a part-time person who would work four hours a week inspecting Stinson Beach garbage cans. $20,000 has been budgeted by the District for this position. It remains to be seen - subject to ongoing information released by the California Department of Resources Recycling and Recovery or CalRecycle, the agency overseeing California's waste management and recycling, including implementation of SB 1383 - how that work will be defined.

    The District's waste and recycling vendor, Recology, recently proposed a rate increase of 4.5% to cover the costs of SB 1383 implementation in Stinson Beach. This would have been the third rate increase in a short period of time, incorporating one increase that took place this year and another expected next year. Per District counsel's advice, all three proposals require Proposition 218 roll out. Hence, Recology has now dropped their 4.5% increase proposal.

    The District's first report to CalRecycle was submitted at the end of March and the second is due in August. This item - a franchise agreement with Recology and implementation of the waste recycling legislation - will reappear on board agendas at least through August. The District's ongoing information and education work will also continue, including alerting customers through the monthly newsletter of their responsibilities to abide by the new legislation.
  4. Discussion regarding the engagement of Koff and Associates for the General Manager recruitment.
    As chair of the ad hoc committee tasked with recruitment of a new general manager, Director Baskin introduced the item, outlining the work done thus far with Director Zell, the second committee member, and General Manager Schmidt. Having met on Zoom with the committee and Mr. Schmidt, recruiter Frank Rojas of Koff and Associates will contact each of the board members for their direct input on both the draft job description and the agency's draft job opening outreach brochure.

    Once the contract is signed, Koff will begin their work immediately. Current expectations are that applicants will have an end-of-May deadline.

    The board agreed to the contract, authorizing Mr. Schmidt and the committee to proceed with Koff and Associates.
  5. Discussion and adoption of a resolution appointing Ed Schmidt as Acting General Manager and for exception to 180-day wait period pursuant to Government Code sections 7522.56 and 21224.
    Director Baskin reviewed the proposal to hire Mr. Schmidt as an independent contractor and retired annuitant following Mr. Schmidt's April 30th retirement, to help with the recruitment, training and transition of the next general manager. On the advice of District counsel a proposal was drafted in consideration of a limitation of 960 work hours each fiscal year in light of the California public employee retirement system's (CalPERS) requirements for retired annuitants.

    The committee will continue to meet periodically with Mr. Schmidt.

    Vice President Zell motioned for approval of the resolution, which Director Cross seconded and the board approved unanimously.
  6. Request from General Manager for reimbursement of ten days of Executive Leave.
    Following Director Baskin's review of District policy granting compensatory time off for attendance at Saturday board meetings, noting the request's consistency with the District personnel manual, as well as General Manager Schmidt's unavailability to use that time off, and approval by the recruitment committee and District counsel, the board's consensus was unanimous in granting the request.

G.    APPROVAL OF MINUTES

Approval of the Minutes for March 19 and March 29, 2022. Director Cross requested inclusion of the phrase "all appropriate" in the minutes of March 19 regarding item E-1, Resolution WW 2022-06, "The current and all future property owners shall join in a shared wastewater system in perpetuity, if approved by community." Director Baskin motioned for approval, which Director Cross seconded; the board unanimously approved the corrected minutes of the March 19 and March 29 meetings.

H.    APPROVAL OF DISBURSEMENTS

None.

I.    MANAGER'S REPORT

General Manager Schmidt's review of his April report included the following items:
* The absence of a disbursement report and consensus that payables be processed more frequently going forward.
* A current cash flow reflecting $175,000 in the bank; $766,00 in the District's Local Agency Investment Fund (LAIF) account; receipt of a County property tax distribution of $435,000; expectation this month of a budgeted Educational Revenue Augmentation Fund (ERAF) distribution of $150,000; the $45,000 contingency for the new Ranch well, which Mr. Schmidt expects the District will need in full; and the estimate of $935,000 for a new Ranch tank.
* Mr. Schmidt noted that the two Ranch items above are covered by the recent $765,000 small community drought relief program granted the District by the Department of Water Resources. In sum, stated Mr. Schmidt, the District's cash needs match the budget, putting the District in good financial shape.

J.    COMMITTEE REPORTS

None.

K.    CORRESPONDENCE

None.

L.    CLOSED SESSION

No closed session was held.

m.    ADJOURNMENT

There being no further business, Director Baskin moved to adjourn, which motion Director Boucke seconded and the Board unanimously approved. The meeting adjourned at 11:54 am. The next regular meeting will take place on Saturday, May 21, 2022, at 9:30 a.m.

Return to Index of Board Meeting Minutes