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Bayshore Sanitary District

Minutes

Regular Meeting of July 26, 2007

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:01 P.M.

Roll Call:

Present: Gallagher, Quinteros, Rizzi, Swanbeck, Tonna
Absent: None
Staff: District Counsel Bakker, Clerk J. Landi, District Engineer Yeager and Maintenance Director Landi

Oral and Written Communications:

  1. Communications from members of the public: None
  2. Communications from members of the District Board and Staff
    1. President Gallagher reported on the following: (1) Received a letter from Samtrans regarding advisory group for transit in the Bayshore area; will distribute copies of the letter. (2) Universal Paragon is conducting a green tour of environmentally green buildings on August 7th. (3) Mike Pacelli has offered to set up a tour of the Baylands for the Board and staff. He also asked for clarification of the BSD vs. Brisbane suit. He was advised that it was over Brisbane’s general plan relative to providing sewer service and that the District prevailed.
  3. Acknowledgment of recent correspondence to the District
    1. A letter was received from the Department of Toxic Substance Control providing background information on the Schlage Lock and Southern Pacific property. There is a questionnaire to complete to regarding our level of interest in being kept apprised; the Clerk will complete and submit the questionnaire.
    2. President Gallagher and the Clerk advised the Board that notification has been received from the State Controller regarding the 90 day deadline for the annual filing. This filing has normally been handled by the District’s auditor; however, we may be able to do this in house.

Public Hearing

The Public Hearing was opened at 7:09 P.M.

  1. Approval of Sewer Service Charge Report for FY 2007-2008; Resolution No. 07-03
  2. Approval of Collection of Delinquent Accounts on County Property Tax Roll: There are none.
  3. Adoption of FY 2007-2008 Annual Budget; Resolution No. 07-02

    There was no one from the public present so the Public Hearing was closed at 7:11 P.M. A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed to approve Resolution No. 07-03 approving the FY 2007-2008 Sewer Service Charge Report. A motion was made by Director Swanbeck, seconded by Director Quinteros, and passed unanimously to approve Resolution 07-02 adopting the FY 2007-2008 Annual Budget.

Consent Items

(Any member of the Board or the public can request that an item be removed from the consent agenda. If there are no objections all items are voted upon by one motion.)

  1. Minutes of the Special Meeting of June 28, 2007
  2. Payment authorization for bills and compensation
  3. Accept 6/30/07 monthly report on District’s current financial status
  4. Accept June, 2007 checking account statement reconciliation

A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed to approve the Consent Items which include payments by check numbers 4376-4399.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCo: The meeting was July 18th. Barbara Pierce, Redwood City Councilperson, is the new city alternate. The Municipal Reviews for Menlo Park Fire Protection District and Woodside Fire were continued to the August meeting. A policy was adopted to collect delinquent LAFCo fees via property taxes.
    2. CSDA: The next meeting is August 7th at the Samtrans Building.
  2. City of Daly City: The Engineer has had some conversations with Daly City and the El Rancho market property developer. The City has advised the contractor, Fergus O’Sullivan, that he needs a permit from Bayshore before they will issue any permits beyond the garage structure.
    The conversations between Daly City and the Cow Palace have stalled.
  3. City of Brisbane: President Gallagher reported that the CAG Executive meeting met and prioritized their budget needs; however, things are moving slowly.

Staff Reports:

  1. Maintenance Director -- consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory and was distributed prior to the meeting. There was another service request at 948 Schwerin; a repair project should be put in the 07-08 CIP. There was a cleanout overflow at 186 Rio Verde which was caused by a mainline; the main was not overflowing in the street. The problem was corrected and the overflow was reported to State Water Resources Board. Mr. Landi reported that during FY 06-07 there were no mainline overflows. He also reported that we are in the process of repainting the exterior compartment of the generator.
  2. District Engineer – consideration of matters relating to:
    1. USPS damaged sewer: Counsel has researched and found that the line could be repaired by the District and the cost placed on their 08-09 tax bill. If there is no response, this repair could be placed on the CIP project. Counsel suggests that a letter be sent to the USPS and the property owner advising that they have 30 days to take out a permit and then 30 days after that to have the work done OR the District will have the work done and bill them via their property taxes. There was consensus of the Board for Counsel to write the letter.
    2. PG&E truck washing facility: No resolution.
    3. PG&E temporary groundwater discharge permit: The permit is ready for signature. PG&E has submitted their 06-07 capacity fees.
    4. PG&E existing groundwater discharge permit: No resolution; their permit expired 6/17/07—has been renewed but the permit has not been received from San Francisco.
    5. SFPUC: A meeting has not yet been set up.
    6. Sewer Service Charge Report: Approved and submitted.
    7. Connection Fee and Capacity Entitlement Fee Adjustments: The Engineer reviewed the history and the ordinance approved several years after going through the Prop 218 requirements. The buy-in (equity) value is determined by dividing the cash and depreciated assets by the number of dwelling units. This years’ valuation of assets has increased primarily due to an increase in cash. There was discussion of the Engineer’s recommendations relative to the connection fee and capacity entitlement fees. The Board may use its discretion in accepting the Engineer’s calculations. After deliberation, it was decided that the current fees would be increased by 7% (as cited in the Engineering Cost Index). Therefore, the connection fee will be $3,358.00 and the capacity entitlement per unit fee will be $16.79. These amounts are less than the maximum approved in Ordinance 82 dated July 22, 1999. A motion was made by Director Swanbeck, seconded by Director Quinteros and unanimously approved by voice vote to set the connection fee at $3,358.00 and the capacity entitlement fee at $16.79.
    8. 2007-2008 Capacity Entitlement Fees: There are three establishments who have exceeded their entitlement. They are the Geneva Coin Laundry, the Daly City Library/Boys & Girls Club and the 7 Mile House. The billings will need to be recalculated since they were based on the Engineer’s recommended increase. Also, the Engineer will recheck his data re the Daly City Library.
    9. District maintenance of sewer laterals: Staff was directed to study this issue. Counsel said that District ordinances clearly state “maintenance” of laterals from the main to an approved cleanout—we have never accepted ownership of the line. The District does not own the laterals. One consideration is to weigh the benefits or maintaining vs. the detriment; there is more benefit. In Mr. Bakker’s research he found that the Regional Board staff document indicates if a spill is on public property, it’s reportable; the State Board order clearly refers to District owned facilities. So, since we do not own the laterals, they are not reportable.
      During a 2000 CIP project, 614 laterals were inspected; 270 of those had approved cleanouts. Inspections were not made in the new subdivisions which all have approved cleanouts. Six of the worst cleanouts were replaced in the 2000 CIP project; about 2-3 have been replaced each year since.
      After discussion, it was the consensus of the Board to continue the practice of providing maintenance where there is an approved cleanout at the front property line. The archives will be searched to find the specific language used regarding acceptance of sewer mains in the newer developments.
      There was discussion of developing a policy that laterals be inspected for structural integrity when a property changes ownership. The Regional Board has adopted a policy encouraging jurisdictions to adopt a lateral inspection program.
    10. Proposed Engineering Fee Increase for FY 2007-2008: See Old Business.
    11. Engineering conflict of interest: Kennedy/Jenks will not work for Daly City or the City of Brisbane inside District boundaries. Mr. Yeager advised the Board that they have submitted a proposal to the North San Mateo County Sanitation District.
  3. District Counsel – consideration of matters relating to: No report.
  4. District Clerk – consideration of matters relating to:
    1. Website information: The Clerk visited a number of sites for other sanitary districts and in general they all contain: mission statement, organization, emergency number, meetings—when & where, agendas, minutes, photos, ordinance code, permit application, boundary and other maps, etc. We have an estimate of $75.00 per hour from CSDA but additional estimates for development and maintenance of a website will be obtained.

Old Business:

  1. Municipal Review: Continued.
  2. SSMP: The next 3 components Legal Authority, Measures & Activities and Design & Construction Standards are required to be complete by August 31, 2007.

  3. Review/accept contract staff compensation increase(s): The proposed increases were discussed during the June budget session. A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed by voice vote to approve the contract staff increases.

New Business:

  1. Resolution #07-04 allocating funds to District reserve, contingency and cash flow accounts for FY 2007-08
    A motion was made by Director Swanbeck, seconded by Director Rizzi and unanimously passed to adopt Resolution 07-04.

  2. August 7, 2007 Sustainable Infrastructure Forum in Sacramento: No one will be attending this forum.
  3. October 1-4,2007 CSDA Conference in Monterey: Directors Gallagher and Swanbeck would like to attend this conference.
  4. August 15-18, 2007 CASA Conference in San Diego: Director Rizzi would like to attend the CASA conference.
    A motion was made by Director Quinteros, seconded by Director Tonna and passed unanimously by voice vote approving 2 Directors attending CSDA and 1 Director attending CASA.
  5. Reports on other matters: no action will be taken: None.

Adjournment:

A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to adjourn the meeting at 9:04 P.M.

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