BOARD MEETING MINUTES

REGULAR MEETING
Saturday, September 17, 2022

A.    CALL TO ORDER/ROLL CALL

Vice President Jim Zell called to order the Regular meeting of the Board of Directors of the Stinson Beach County Water District on Saturday, September 17, 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:
Jim Zell, Vice President
Lawrence Baskin, Director
Barbara Boucke, Director
Sandra Cross, Director

Directors absent:
Morey Nelsen, President

Acting General Manager present:
Ed Schmidt

Staff present:
Marc Matheson - Executive Assistant

B.    PUBLIC EXPRESSION

None.

C.    SETTING OF AGENDA

Two proposals were made to adjust the agenda as presented, first to continue to the October board meeting item D-7, Recology contract, and second, to address first items D-5, the Ranch well replacement, and D-6, the proposed new well. Director Baskin motioned for approval of the agenda as amended, which motion was seconded by Director Boucke and approved unanimously by the board.

D.    GENERAL BUSINESS

1. Consider Resolution GB 2022-08 making findings pursuant to Assembly Bill 361 in order to hold a teleconference meeting during a proclaimed state of emergency.
   Following brief discussion regarding the need for the resolution, a motion was made to approve, by Director Baskin, and seconded by Director Boucke. The board voted unanimously to approve.
2. Discussion and possible direction to staff re: continue utilizing teleconferencing for District board and committee meetings.
   The board's discussion reviewed the advantages of meeting by teleconference. A decision was made to continue utilizing teleconferencing for District board and committee meetings.
3. Update on the Ranch Well replacement Coastal Development Permit.
   Water Engineer Allan Richards of Stetson Engineers joined the meeting and reviewed both the history and current status of the District's efforts to obtain a coastal development permit (CDP) for a replacement well at the District's Stinson Gulch Ranch site.
   
   While the County of Marin had granted an emergency CDP at the start of the project, the County has also required the District apply for a full CDP. The County has taken the position that the District's replacement well constitutes a new well. In August, the District submitted a letter to the County expressing disagreement with the "new well" interpretation and refuting what the District believes are inapplicable policy references made in the County's determination.
   
   Most recently, the County Planning Department contacted the District and Stetson Engineers with a request for a "cone of depression" survey of the replacement well site. As Engineer Richards explained, A cone of depression occurs in an aquifer when groundwater is pumped from a well, either as an actual depression of the water levels or as a reduction in the pressure head surrounding the pumped well. Stetson Engineers has now completed that survey and submitted the seven-page technical survey to the County. As part of the report, Stetson has noted that the replacement well will have even less impact on the surrounding ecosystem than the original well.
4. Discussion and possible direction to staff to share the draft Term Sheet for a new well with representatives from the Stinson Beach Community Center.
   General Manager Schmidt reviewed the progress on this project, noting that both this and the Ranch well replacement project are reimbursable under the small community drought grant of $760,000. He reminded the board that Hanson Bridgett had prepared a draft agreement between the District and Stinson Beach Community Center to initiate preliminary testing for a potentially productive well located on Community Center land.
   
   Directors Baskin and Cross, the members of the District's Legal committee, expressed concerns regarding the document, with Director Baskin recommending the use of a temporary construction easement and the convening of a meeting between the District and Hanson Bridgett to discuss how to proceed. Therefore, the matter is continued to a future board meeting.
   
   On a separate issue, Engineer Richards informed the board that the California Department of Water Resources has reopened the grant process for desalination funding, effective this October. By consensus of the board, Stetson was authorized to research potential desalination grant funding through that state program.
5. Discussion and direction to staff re: request from Kent Nelson for several modifications to the General Manager's contract.
   Mr. Nelson joined the meeting and Mr. Schmidt reviewed the recent requests for adjustment to the proposed District General Manager's contract with Mr. Nelson. Following discussion, Director Baskin motioned for approval of the adjustments, which motion was seconded by Director Boucke and approved unanimously by the board.
6. Discussion and possible direction to staff re: water use charge reduction application for 300 Seadrift Road, Nancy Boas, owner. Account 6880.
   General Manager Schmidt outlined the application, noting that the very large leak was caused by a faulty irrigation system. The amount of the leak equaled 25% of the total capacity of District water storage. Mr. Schmidt noted that District policy states that irrigation and property maintenance are the responsibilities of property owners. He pointed out that the District has been actively encouraging water conservation and irrigation check ups for several years. Mr. Schmidt recommended applying the District's tiered usage water rates in order to lower the water bill in question for the period June 29 through July 28. Following discussion, a motion approving the General Manager's decision was put forward by Director Baskin, seconded by Director Boucke, and approved unanimously by the board.

E.    PUBLIC HEARING

1. Discussion and possible direction to staff re: use of a new alternative wastewater systems design at 17 Marine Way, Jill Williamson and Dorothy Black, owners. Account 7030.
   In the absence of the Wastewater Engineer, General Manager Schmidt outlined the history of this project, a repair to an existing wastewater system. He affirmed the approval by both District staff and the Wastewater committee of the variance request for use a new alternative wastewater system. Wastewater committee chair Cross agreed, noting that under the committee's current review of District wastewater code such alternative systems will in the future be included as standard systems, not requiring variances.
   
   Direct Cross motioned for approval, seconded by Director Boucke, and the board agreed unanimously.

D.    GENERAL BUSINESS (cont,)

7. Discussion and direction to staff re: draft franchise agreement with Recology effective February 2023 and forward to Recology for their review.
   Continued to the October 15, 2022 board meeting.
8. Discussion and possible direction to staff re: proposal from the Stinson Beach Affordable Housing Committee.
   General Manager Schmidt reviewed the request by Mr. Chris Harrington to propose a waiver of permit, variance and other fees associated with changes to wastewater systems attached to affordable housing.
   
   In the ensuing discussions by the board with Mr. Harrington, distinctions were made between accessory dwelling units (ADU) and junior accessory dwelling units (JADU), particularly with regard to ongoing Stinson Beach construction and renovation. In brief, not all ADU and JADU are related to affordable housing, and District policy should therefore be clear when it comes to potential fee waivers.
   
   Under Mr. Harrington's proposal, property owners with affordable housing units would be required to annually verify the financial eligibility of tenants. It was not clear how or who would process and/or enforce the verifications as well as carry out other administrative responsibilities related to ongoing eligibility. It was pointed out that without refinement, the current proposal would work to the advantage of property developers with no genuine interest in providing long-term affordable housing, and in fact could assist such developers in simply increasing their real estate profits without any benefit to the community as a whole.
   
   It was the board's consensus that this matter be referred to the Finance committee and then continued to the October board meeting, with an improved proposal to be submitted at that time.

F.    APPROVAL OF MINUTES

Approval of the Minutes for August 20, 2022. Director Cross motioned for approval of the board minutes for the meeting of August 20, 2022. The motion was seconded by Director Boucke. The minutes were approved unanimously by the board.

G.    APPROVAL OF DISBURSEMENTS

July 15 through August 17, 2022. Director Baskin motioned for approval of the disbursements for the period of July 15 through August 17, 2022. The motion was seconded by Director Zell. The disbursements were approved unanimously by the board.

H.    MANAGER'S REPORT

Acting General Manager Schmidt shared the following highlights from his September report:
* An update on the lien for unpaid water bills against properties located at 122, 124 and 128 Calle del Mar;
* An update on the County of Marin November ballot, which includes the District's appropriations limit measure, and on the appointments in lieu of election of Directors Baskin and Zell;
* A response to the board's August inquiry regarding wastewater revenues, namely assurance by the Wastewater Engineer that 2022 wastewater revenues will be normal;
* An email confirmation from Recology that their waste processing site has adequate space for the compostables accumulated by District customers;
* Two County of Marin electronic funds transfers received for property tax and educational revenue augmentation funds (ERAF);
* Follow up on the board's August approval of the purchase of additional Eye on Water wireless endpoint communicators. The purchase will be $23,350, down $9,150 from the board's authorization; and
* The District's water storage numbers, which remain in the 80% to 90% range of capacity.

I.    COMMITTEE REPORTS

Wastewater committee chair Cross reported that the committee is revising the District's Title IV regulations and expects to have a red-line edit for the board's review in the near future.

J.    CORRESPONDENCE

None.

K.    ADJOURNMENT

There being no further business, Director Cross motioned for adjournment in memory of the late Helma Schwendig, which motion was seconded by Director Baskin and approved unanimously by the board. The meeting adjourned at 11:07 a.m. The next regular meeting will take place on Saturday, October 15, 2022, at 9:30 a.m.