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Bayshore Sanitary District


Regular Meeting of May 22, 2008 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:03 P.M.

Roll Call:

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

Oral and Written Communications:

  1. Communications from members of the public
  2. Communications from members of the District Board and Staff
  3. Acknowledgment of recent correspondence to the District.

    Correspondence was provided in the Director’s meeting packets. The 2006-07 Audit was received today. President Gallagher will review it for accuracy. The President reported that there will be a meeting of the Bayshore Stakeholders on May 28th at Lawson Hall regarding transportation issues

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 April 24, 2008
  2. Payment authorization for bills and compensation
  3. Accept 4/30/08 monthly report on District’s current financial status
  4. Accept April, 2008 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 4561-4577.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: A number of annexations were approved at the May 21st meeting. There was a proposed reorganization of a portion of Cañada College involving a minor sphere of influence. The College District has a 3.3 acre parking lot will be used to build 60 units for staff and teacher housing. There was no opposition to the proposal. There was also discussion of a new LAFCO fee structure and consideration of the proposed 2008-09 budget. No action was taken.
    2. CSDA: Chapter meeting was combined with a meeting of the Selection Committee. President Gallagher and David Altscher were re-elected to serve as Commissioner and Alternate Commissioner respectively.
  2. City of Daly City:
      1. The President again mentioned the Stakeholders meeting on May 28th sponsored by SamTrans to define transportation needs in the area. Director Swanbeck mentioned attending Daly City meetings regarding land use planning. The Bayshore area is designated Area 7 and is low on the priority list.
      2. The State Agricultural Committee unanimously approved the senate bill designating the 13 acre Cow Palace parking lot as surplus. It will now move on for a second vote by the Senate.
      3. Director Quinteros mentioned that development of the El Rancho Market property is progressing.
  3. City of Brisbane: The CAG met on Tuesday and had a speaker from the Department of Soil and Water. Ingersoll Rand who owns Schlage Lock has worked out details with Universal Paragon Corporation (UPC) in which UPC will purchase the Schlage Lock property. Director Swanbeck explained the process UPC will use to decontaminate the Schlage Lock property.

Staff Reports:

  1. Maintenance Director -- consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory. There was a service request at 444 Oriente; the reporting party said there was water coming out of cracks in the sidewalk. The property owner was advised to call Daly City Water since the main and cleanout were fine. A second service request was received a week later from 446 Oriente. The cleanout is on private property and was backed up. Since it is not a conforming cleanout, the owner of 446 was advised to call a plumber. That was done and Mr. Landi met with the owner and the plumber the next day to explain what the problem was and possible resolution. The owner complimented the District on its responsiveness to its constituents. Had planned to start the valve replacement project on May 20th. On the 19th, the crew blocked a couple of suction lines in the wetwell and pumped it down. They encountered a broken piece of HDPE pipe which needs to be removed. Pump Repair Service was cancelled. Next week A-1 will be used to vacuum the well and also, will need to rent an 18” plug to block the flow. This has pushed the project back a week or so.
    2. President Gallagher took note of the fact that the April, 2008 flow was the lowest it had been since 1994.
  2. District Engineer – consideration of matters relating to:
    1. PG&E truck washing facility: The Engineer and Maintenance Director met with two PG&E representatives on May 16th. PG&E did put down some 3-4” high curbing which hasn’t solved the problem. They will prepare a topographic survey of the site and come up with an engineered plan to solve the drainage problem. There is also a shed with two downspouts and a hole which all drain into the site. They have been instructed, and agreed, that the work needs to be complete by November 1st. The preliminary plans should be submitted by the June 26th meeting.
    2. SFPUCrebate calculations: The Engineer spoke to Bill Laws and he indicated he has all the information he needs and that he has prepared a recommendation for his supervisors. Counsel said that in a conversation he had with their counsel, they are trying to determine how best to handle this matter in a timely, uncomplicated fashion.
    3. SFPUC rehabilitation of existing 66” transmission: The documents submitted were lost and have been replaced by the Clerk. In a conversation today, their permit application and deposit will be submitted soon.
    4. Geosyntec – Brisbane landfill: Geosyntec is still waiting for Brisbane to finalize their permitting.
    5. 2007-2008 CIP – time extension motion: Shaw Pipeline has made some submittals; some accepted and some rejected with a request for additional information. Their traffic control plan was inadequate; a new plan has been received and will be reviewed. Since they haven’t started, we may need to grant an extension. The Engineer doesn’t want the project to start and stop and then start again. It is preferable to have all the paperwork and submittals in order and then start. Mr. Yeager is requesting that the Board approve a motion allowing him to make an extension in order to process all the submittals. The current completion date is June 19th. There was discussion about how much additional time and liquidated damages. A motion was made by Director Swanbeck authorizing Engineer Yeager to extend the completion date by 10 days, if necessary, conditioned upon Shaw Pipeline providing a construction schedule. The motion was seconded by Director Rizzi and passed by voice vote.
    6. Brisbane Baylands: No update.
    7. BSD website: The Engineer submitted some minor additional material and will provide a narrative description about how the annual sewer service charges are calculated and how they end up on the tax rolls.
    8. PG&E Martin Service Center groundwater discharge: This is a temporary discharge permit associated with the construction of the new substation. PG&E discharged 19,000 gallons with San Francisco’s permission. The Maintenance Director observed the discharge.
    9. APN 005-067-010, Geneva Laundromat additional capacity entitlement: Their capacity entitlement was 4238 gallons per day (gpd) but last water year they discharged 5130 gpd. They were billed for the additional capacity but they replied that their flow was up temporarily because a 2nd laundromat had temporarily closed. The Palace Laundromat opened about 2 weeks ago. The April, 2008 meter reading from Daly City for the Palace Laundromat didn’t show any water usage. The water usage for the Geneva Laundromat for this past year has increased to 6420 gpd. The Geneva Laundromat was given a 6 month waiver and that time has elapsed. Discussed capacity entitlement for non residential facilities vs. residential sewer service charges and various scenarios specific to the Geneva Laundromat capacity. The Engineer will analyze the historical water usage for the 2 laundromats as well as their capacity entitlements and report back at the June meeting.
    10. Annual sewer service charge for duplexes: At the April meeting we talked about a number of residential units which were determined to be duplexes. The Engineer provided a list of the properties; those that have been determined to be a duplex will be charged a $250 (2 X $125) flat fixed fee plus sewer service charges based upon water usage. There was brief discussion of other possible duplex/multi family residential properties; addresses will be provided to the Engineer.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline – sewer connection for tenant building: A letter was sent to Kinder Morgan/SFPP in late November advising that the building had to be connected to the District’s system by July 1, 2008; there has been no response. Another letter will be sent advising them that if no corrective action is taken, on July 1 they will be considered to be in violation of District Ordinances. A copy of the letter will be sent to the Brisbane City Attorney. The bottom line is that we have a rule regarding this, we have forced others to comply with it so it is not equitable to make an exception for Kinder Morgan.
    2. Discussion of potential loss of property tax revenue in the State budget process: Counsel reported that we have been getting updates from CASA. Right now there is no budget; just a proposed budget which requires a 2/3 vote by the legislature. The Legislative Analyst’s Office (LAO) has come up an alternative budget to move revenues around; take from local government and give it to the State. This kind of shifting has been done before, i.e. ERAF. The State would shift responsibility for parolee services from the State to the counties and it would pay for that by shifting property tax revenue from enterprise special districts to counties. They have focused on enterprise special districts. Prop 13 capped the property tax at 1% so in 1978 the State adopted an allocation formula for taxes. Some enterprise special districts like BSD did continue to get some property tax because they had been receiving it for 3 years prior to 1978. The focus on enterprise districts is because they can charge user or service fees for the services they provide. In 1978 a statute was adopted by the State telling enterprise districts to wean themselves off of property taxes and begin levying user fees. That is what the LAO is focusing on. They have redesigned this proposal so that it does not violate Prop 1A passed in 2004 which protects property tax. The LAO has changed the way that the parolee realignment is funded. They will use VLF and replace the VLF revenue lost by cities and counties by shifting special district enterprise funds. Counsel cannot think of any claims that special districts have to challenge this proposal. Property taxes currently make up approximately 12-15% of the District’s total revenue. If it became necessary to replace the loss of property taxes, any fee increases would be subject to Prop 218 requirements. The District began levying sewer service charges in 1972 in order to qualify for a cleanwater grant to build the Carlyle Station. Counsel briefly explained how redevelopment agencies function. Counsel will provide the Board with various statutory requirements relative to taxation.
  4. District Clerk – consideration of matters relating to:
    1. 2007-08 audit: The Clerk contacted five water and wastewater agencies in the County for input on their auditing services and approximate fees. Three districts responded and two provided the names of their audit firms. The Clerk and Engineer expressed their concern with the District’s current auditor. There is no continuity with the firm; each year we are asked the same questions and seem to be a training ground for less experienced associates. And, this year it took 10 months to finalize the audit. One Director suggested that their fee should be adjusted for the District providing their new hires on-the-job training in government accounting.
    2. CSRMA seminar report: The Clerk reported that the seminar was very informative. She has since found out that the District participates in the Primary Insurance Program (PIP) not the CSRMA pool. However, in a conversation with Myron Leavall of Alliant Insurance, it is very likely that the PIP will adopt a similar claims handling program. So attending the seminar was and will be beneficial.

Old Business:

  1. Website Subcommittee report
    1. There has been content added since the April meeting. Matt Jalbert has provided an email quote for updating the site bi-monthly as well as hosting the site. It is estimated that the annual fee for updating the site would be $945 plus $150 annually for hosting the site (beginning 8/1). Significant additions would be $90 per hour. The Clerk will contact Mr. Jalbert and ask if there is a way we can track the number of hits.
    2. In regard to the booklet with regulations from the 1930’s Matt Jalbert suggested that the Bancroft Library at UC Berkeley would be a good depository for the document.
    3. After the Board has had a chance to review the final audit, it can be placed on the site.

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 9:23 P.M. The next meeting is June 26, 2008 at 3:30 P.M.

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