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Bayshore Sanitary District


Regular Meeting of December 27, 2007

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:02 P.M.

Roll Call:

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

Oral and Written Communications:

  1. Communications from members of the public: None
  2. Communications from members of the District Board and Staff: None
  3. Acknowledgment of recent correspondence to the District: Included in meeting packets.

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 November 29, 2007
  2. Payment authorization for bills and compensation
  3. Accept 11/30/07 monthly report on District’s current financial status
  4. Accept November, 2007 checking account statement reconciliation

A motion was made by Director Swanbeck, seconded by Director Quinteros and unanimously passed by voice vote to approve the Consent Items which include payments by check numbers 4475-4495.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCo: At the last meeting the Commissioners requested a listing of which entities have gone through the sphere of influence and municipal review process.

      We should receive our information relative to the municipal review in February. It is anticipated that Brisbane will be in our group of north county entities. We would have an interest in their review in regard to sewer service to the Baylands development.
    2. CSDA: No meeting was held. The next meeting should be in February.
  2. City of Daly City: Mayor and Vice Mayor were recently selected; simply a reversal of offices for the same two council members. The Engineer said that in a recent conversation with Patrick Sweetland, he indicated that due to a number of retirements, he will be the interim Public Works Director.
  3. City of Brisbane: There was no CAG meeting in December. The Executive Board met to create a budget for the CAG.

Staff Reports:

  1. Maintenance Director -- consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The inspection of Generators Unlimited was conducted December 21st; conditions were met. Mr. Venerable has requested a letter confirming successful completion of the inspection. The valve project has not yet begun. Pump Repair has done some preliminary work; should be done by mid January if the weather cooperates. Discussed service request on Schwerin Street where the eucalyptus trees cause root problems.
  2. District Engineer – consideration of matters relating to:
    1. PG&E truck washing facility: They were ready to sign the permit; however, they found a code citation problem in the San Francisco permit.
    2. SFPUC – rebate calculations: No update; will call Bill Laws at the beginning of the new year.
    3. 2007-2008 Capacity Entitlement Fees: Payment was received from V&A Automotive. The Board rescinded the charge for the Daly City Library and will revisit Geneva Coin Laundry in April.
    4. Geosyntec – Brisbane landfill: They are acquiring additional permits before they can begin construction.
    5. 2007-08 CIP: Met with the Maintenance Director December 26th. Seem to find something new that needs work each time they meet in the field. Projects identified:
      • replacement of break in line at Linda Vista & Jacqueline
      • lateral at 948 Schwerin
      • there are 3 house laterals at Midway & Schwerin that go uphill and one enters a manhole that will be taken out—this will be an extensive rebuild of the 3 laterals
      • Main Street line under the SF Hetch Hetchy line; will be done via trenchless method
      • lateral at 792 Schwerin
      • manhole and sewer line replacement at Geneva & Accacia
      • spot repairs at Ottilia and Rio Verde
      • laterals with extensive root problems
    • This is a fairly extensive list of small projects with an approximate cost of $125,000. Will go out to bid in January with bid opening in February. Engineer has questions re legal/code requirements for bid process and will work with Counsel to insure that we are in compliance. The Engineer will contact Daly City about this package of projects and the District will handle those permits. One project is within the City of Brisbane and will require a permit.
  3. District Counsel – consideration of matters relating to:
    1. Lateral inspection policy for properties changing ownership: No additional information. Director Swanbeck had downloaded and compiled extensive info re Berkeley and other entities with a policy/program. Counsel suggested talking to a realtor to gauge how controversial it would be to institute an inspection procedure. Looking at other entity programs, it appears that unlike the District, they do not maintain any portion of the lateral. President Gallagher volunteered to check with a realtor who handles many of the listings in the District.
    2. Santa Fe Pacific Pipeline – sewer connection for tenant building (Brisbane Corporation Yard): Letter sent November 28; no response.
    3. Tolling agreement with City & County of San Francisco regarding overcharges due to inaccurate metering at pump station: Counsel has worked out an arrangement with San Francisco to avoid having to litigate anything right now. We will have to serve them but will they will not have to respond. We will dismiss the case if and when this matter is resolved. Counsel will be putting together a brief agreement indicating that they do not have to respond to the complaint in January so long as they are negotiating in good faith.
    4. Brown Act changes. On July 1, 2008 a new provision becomes effective. It requires that any information provided to the Board in written form after the agenda is posted must be made available in some public place. The Bayshore Library could be the designated location to view documents. This applies to documents after posting of the agenda since the assumption is made that anyone could request documents related to any piece of business listed on the agenda. Documents provided to Board members at the meeting aren’t covered in the statute.
  4. District Clerk – consideration of matters relating to:
    1. Website information: Proposal was received today and was distributed. If the proposal is acceptable, the site could be complete in March, 2008 and the fee would be $8,000.00. The site could be maintained by the District or could contract with Mr. Jalbert to provide monthly updating. There would be a $150.00 annual fee to maintain the domain. Discussed potential content: specs, codes, permit applications, District history, agendas, minutes, District functions, maps, audits, budgets, Board, staff, etc. A motion was made by Director Quinteros appointing Directors Rizzi and Swanbeck and the Clerk as a subcommittee to meet with Matt Jalbert to discuss design and content of the site with the authority to engage his service. The motion was seconded by Director Tonna and unanimously passed by voice vote. The Subcommittee will compile a listing of content. Staff will provide the Clerk with pdf versions of the Standard Specs and District Ordinance Code.

Old Business:


New Business:

  1. January 9-12, 2008 CASA Conference
    No one will attend.
  2. 2008 meeting schedule
    The Board and Staff agreed to the following meeting schedule for 2008:
    January 24
    February 28
    March 27
    April 24
    May 22
    June 26
    July 24
    August 28
    September 25
    October 23
    November 20
    December 18
  3. Draft 6/30/07 audit
    The draft audit was received today and distributed prior to the meeting. Discussion was continued to the January meeting.
  4. Election of officers for 2008
    Director Quinteros made a motion to retain the same officers for 2008. Director Swanbeck seconded the motion which passed by voice vote.
  5. Reports on other matters: no action will be taken
    President Gallagher asked Counsel when ethics training must be done again. He will check but believes the training received in February, 2006 is valid through 12/31/08.

Closed Session:

  1. Anticipated litigation: Initiation of litigation pursuant to subdivision (c) of §54956.9 (1 potential case)

    The Closed Session began at 8:05 PM and ended at 8:05:45 PM. No reportable action was taken.


A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to adjourn the meeting at 8:06 P.M. The next meeting is January 24, 2008.

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