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Bayshore Sanitary District


Special Meeting of October 25, 2007

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:11 P.M.

Roll Call:

Present: Gallagher, Quinteros, Rizzi(7:15), Swanbeck, Tonna
Absent: None
Staff: Jennifer Faught for District Counsel Bakker, District Engineer Yeager and Maintenance Director Landi
Also: Fergus O’Sullivan

Oral and Written Communications:

  1. Communications from members of the public

    At this time Item 12(e) was taken out of agenda order.
    1. El Rancho property development and O’Sullivan Construction waiver request, 2665 Geneva Avenue:

      Mr. O’Sullivan is requesting a waiver to permit the discharge of storm water from the development at 2665 Geneva into the District’s collection system which flows into San Francisco’s combined system. Daly City would like the water to flow onto Rio Verde Street and flow by gravity into the nearest manhole that would flow into the 21” San Francisco sewer line. He is requesting connecting to that main directly at his property line so that there is no water flowing into the street. This needs approval by San Francisco which is in process. There was previously a connection to the 21” line by a drain in the center of the El Rancho Market parking lot. Mr. O’Sullivan has blocked that connection.

      Engineer Yeager said there are a number of issues which he has discussed with District Counsel. There may or may not have been a connection from this property to the sewer line; since it managed storm water, we have no records of it. It was televised and there is a connection; we have no knowledge what it was for. Counsel said that technically it is an illegal connection and is not grandfathered in. Mr. O’Sullivan has submitted a waiver request application and fees. He requests a waiver from the District Ordinance that states that storm water cannot be discharged into the District’s system. There are properties on the hillside which have been allowed to discharge storm water into the District system where no other means are available—they have been grandfathered in specifically by ordinance. Mr. Yeager read the waiver requirements and reiterated the necessity of obtaining an approval letter from San Francisco. A waiver may be issued if adherence to the regulations poses a hardship unique to the applicant and it does not pose a risk to public health and welfare or hardships to other persons. Whether the water flows down the street to the catch basin or is connected directly to the line, it ends up in the 21” San Francisco sewer line. Should the Board elect to grant the waiver, it could be conditional upon receiving an approval letter from San Francisco and review of the plans by the Engineer and Maintenance Director to determine that doing so is not detrimental to the District’s system. A motion was made by Director Tonna that the waiver be granted to O’Sullivan Construction conditioned upon an approval letter from San Francisco and satisfactory review of the plans by the Engineer and Maintenance Director. The motion was seconded by Director Rizzi and unanimously passed by voice vote.
  2. Communications from members of the District Board and Staff
    1. Just prior to this evenings’ meeting, President Gallagher received an email from Dana Dillworth, President of the Baylands CAG. There will be public workshops to comment on the San Francisco sewer master plan in November.
  3. Acknowledgment of recent correspondence to the District
    1. The President acknowledged receipt of the FY 07-08 notification of property tax revenue. (Note: ERAF reduction continues; ERAF 3 has expired).
    2. The Maintenance Director said that we received notification a few weeks ago that the items confiscated by the Brisbane PD after the break in of March, 2005 could be claimed. The items were bagged; however, a film canister and a small tool were not returned. The film had apparently been developed but the whereabouts of the prints/negatives was unknown.

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 Regular Meeting of September 27, 2007
  2. Payment authorization for bills and compensation
  3. Accept 9/30/07 monthly report on District’s current financial status
  4. Accept September, 2007 checking account statement reconciliation

A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed by voice vote to approve the Consent Items which include payments by check numbers 4438-4453.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCo: On October 17th the Municipal Review of the Town of Portola Valley, and Ladera Recreation District (continued) was conducted. A consultant was chosen to do the coastside. The final budget was approved.
    2. CSDA: No meeting has been held. A meeting is supposed to be held on October 30; however, the Chapter President has not yet submitted the agenda.
    3. CSDA Conference: Directors Swanbeck and Gallagher attended the conference in Monterey. In regard to new auditing requirements, it sounds as though Districts will be subject to negative comments if all depreciation and accruals are not posted by the District. In the past, the auditor has completed these tasks. President Gallagher attended the round table. Director Swanbeck shared some graphics, newsletters and brochures she secured at the Conference.

      Directors Swanbeck and Gallagher will be attending the seminar at the Presidio being presented by Aqua.
  2. City of Daly City: No update
  3. City of Brisbane: President Gallagher attended the recent CAG meeting, not much progress is being made.

    Directors Gallagher and Quinteros attended the Samtrans stakeholders meeting for the District. Samtrans is trying to reach out to the Bayshore area to define residents transportation needs.

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. Pump Repair Service is coming to the station tomorrow to begin their prep work for installation of the valves. Still having problems finding plugs to clamp the pipe off. During this process, have noticed there is a lot of sand in the wetwell. This will need to be vacuumed in the near future. There were 3 service requests; all were laterals. There was discussion about cleanouts and backflow prevention devices.

      At this time there was intermittent recording malfunction and minutes may reflect only the action taken.
  2. District Engineer – consideration of matters relating to:
    1. USPS damaged sewer: This matter has been resolved. However, USPS will be billed for costs exceeding their deposit.

    2. PG&E truck washing facility: PG&E has not received a response from the SFPUC; no action taken.
    3. SFPUC – rebate calculations: At the October meeting, the Engineer reported that he wanted to look into the wet weather flows for the time the old meter was running and compare with periods when the new meter was running. This didn’t work out since last winter was the first wet weather period after the new meter was installed and it was a dry fall/winter. No conclusions can be made at this time regarding wet weather comparisons. Therefore, the Engineer suggested and the Board concurred that we will make a submission to the SFPUC without a wet weather comparison and wait for their response. This will be done prior to the next Board meeting.
    4. 2007-2008 Capacity Entitlement Fees: Payment has not been received from V&A Automotive (7-Mile House). They have been rebilled and the charge will be placed on their 08-09 tax bill if they ignore this second notification. The capacity entitlement re the Geneva Coin Laundry was discussed.
    5. El Rancho property development and O’Sullivan Construction waiver request, 2665 Geneva Avenue: Discussed under #1 above. The Engineer reported that we have received an acceptable set of plans and the fees have been paid. Director Tonna expressed concern that the project had progressed to the point that it has without a permit from the District.
    6. Brisbane Baylands: The environmental review consultant has advised that the utility infrastructure plan is still several months off; no action taken. The Engineer believes they may be pushed into having their own wastewater treatment facility and do some recycling.
    7. San Mateo County property tax statements: No action taken.
    8. Geosyntec – Brisbane landfill: The industrial discharge permit was previously approved by the Board subject to the SFPUC granting a permit and the submission of acceptable plans. Geosyntec advised that the construction drawings and the SFPUC letter should be received in the next week.
    9. 2007-08 CIP: The Maintenance Director has advised that a manhole near Geneva and Accacia needs work and also some additional lines may need repair. The Engineer and Maintenance Director will meet after additional video inspection is completed.
  3. District Counsel – consideration of matters relating to:
    1. Lateral inspection policy for properties changing ownership: Following discussion, it was decided that Counsel will check with additional entities with policies to inquire about implementation, notification, enforcement, etc.

      Ms. Faught reported that Meyers-Nave is handling a 60 day notice filed by Bay Keeper v. Burlingame re violations of the clean water act, etc. There is suspicion that part of the problem is that Burlingame may have been reporting private lateral overflows resulting in an unusually high number of spills.
    2. Letter from Brisbane City Attorney regarding Brisbane corporation yard sanitary sewer connection: The corporation yard is on Santa Fe Pacific Pipeline/Kinder Morgan property. The Brisbane City Attorney suggests that the City, a tenant, does not have the ability to require the property owner to connect to the sewer. The Maintenance Director reminded the Board that the original contract with SFPP stays with the property and is binding to any owner. He suggested that the District pose 2 possibilities to the property owner: connect to the District’s system or terminate use of the subject building. He added that there are facilities in place that can be repaired and put back into service. Director Tonna said that it would be good policy going forward to deal with property owners, not tenants. Ms. Faught outlined potential contents of a letter to the owner advising them of the situation and providing various correspondence. There was agreement that a letter be sent to the property owner.
    3. Authorization for legal counsel to execute a tolling agreement with City & County of San Francisco regarding overcharges due to inaccurate metering at pump station: The District filed a claim with the SFPUC regarding the inaccurate metering; it was denied. We are now approaching the end of the 6 month period (November 22nd) allowed to file an actual complaint to seek relief. John Bakker spoke to Mr. Roddy, SFPUC, who has agreed with execution of a tolling agreement. The agreement letter has been drafted and Ms. Faught read a portion. She further advised that if we reach the November 22 deadline and the tolling agreement has not been signed, we would need to file a complaint right away to preserve the District’s rights. A motion was made by Director authorizing legal counsel to executive the tolling agreement. The motion was seconded by Director Quinteros and unanimously passed by voice vote.
  4. District Clerk – consideration of matters relating to:
    1. Website information: The questionnaire needs to be completed and submitted to Matt Jalbert.

Old Business:

  1. Municipal Review
    1. President Gallagher said that the LAFCo Commissioners have asked the Executive Director for a schedule of when various entities will be requested to submit information.

New Business:

  1. Reports on other matters: no action will be taken


A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to adjourn the meeting at 3:18 P.M. The next regular meeting is November 29th.

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