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Bayshore Sanitary District

Minutes

Regular Meeting of July 24, 2008 (see the Agenda)

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: Clerk Landi, District Engineer Yeager, Maintenance Director Landi and Counsel Bakker

Oral and Written Communications:

  1. Communications from members of the public
    None
  2. Communications from members of the District Board and Staff

    The Clerk reported that election material and a ballot had been received from CSDA today. As has been done in prior years, there was consensus that the President vote on behalf of the District.

  3. Acknowledgment of recent correspondence to the District.

    Counsel stated that relative to AB 983 which will be heard prior to our August meeting, there is a need to take action at this meeting if the Board so desires. This assembly bill will require that a local public entity, charter city or charter county provide full, complete and accurate design-build plans and specifications prior to entering into a contract for a project. This item was brought to our attention after the agenda had been posted. A motion was made by Director Swanbeck, seconded by Director Rizzi and unanimously passed by voice vote to add this item to the agenda.

Public Hearing:

The Public Hearing was opened at 7:05 P.M.

  1. Approval of Sewer Service Charge Report for FY 2008-2009; Resolution #08-03
    A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed by voice vote to approve Resolution No. 08-03, a Resolution Approving Sewer Service Charge Report for Fiscal Year 2008-2009.
  2. Approval of Collection of Delinquent Accounts on County Property Tax Roll
    There are none this year.
  3. Adoption of FY 2008-2009 Annual Budget; Resolution #08-04
    A motion was made by Director Swanbeck, seconded by Director Quinteros and passed unanimously by voice vote to adopt Resolution No. 08-04, a Resolution Approving and Adopting Fiscal 2008-2009 Annual Budget.

    The Public Hearing ended at 7:09 P.M.

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 July 24, 2008
  2. Payment authorization for bills and compensation
  3. Accept 6/30/08 monthly report on District’s current financial status
  4. Accept June, 2008 checking account statement reconciliation

    The Clerk asked that Consent #8 be placed at the end of the agenda. A motion was made by Director Quinteros to approve Consent items 7, 9 and 10. The motion was seconded by Director Swanbeck and unanimously passed by voice vote.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: There was no meeting in July
    2. CSDA: The next meeting is August 5th and as usual, will be held at the SamTrans building in San Carlos.
  2. City of Daly City: President Gallagher reported on a community meeting hosted by PG&E on July 21st. PG&E explained the scope of the work they will be doing from Martin Service Center, up Geneva Avenue to Calgary and then from Calgary into San Francisco. The Engineer said that the District has received plans from their contractor Black & Veatch. They have complied with District requirements. This project will cross two laterals on Calgary Street. The Maintenance Director will monitor and inspect to make sure no damage is done to District facilities.
  3. City of Brisbane: There was no CAG meeting during this past month. Director Swanbeck provided some information on the Universal Paragon purchase of Schlage Lock and the time frame for them to submit a toxic cleanup plan. The President reported that she will be meeting with Mike Pacelli and Brisbane Mayor Barnes.

Staff Reports:

  1. Maintenance Director -- consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory. Pump Repair Service (PRS) still has considerable work to do. They have done one discharge valve and check valve on pump #1 which is currently off line. PRS has to fabricate spools for the junctions between the pipes. The Maintenance Director hopes the project is complete by the next meeting.
    2. Briefly discussed the 3 service requests received during the reporting period.
    3. We have experienced two instances where someone has climbed the fence and gotten into the facility. One time there was an attempt to break into a locked tool box on one of the maintenance vehicles. In the other case an 8’ stainless steel counter top was stolen. The Board may want to consider what security measures, if any, need to be taken.
    4. It was noted that the hour meter readings are irregular due to pumps being turned off during the valve project.
  2. District Engineer – consideration of matters relating to:
    1. PG&E truck washing facility: They have submitted a plan which would divert the water around their facility. The plan was accepted and the work will be inspected and tested upon completion.
    2. SFPUC – rebate calculations: Counsel Bakker reported that he had heard from the City Attorney who expressed his opinion that there may be a statute of limitation problem; Counsel will research and respond early next week.
    3. SFPUC rehabilitation of existing 66” transmission: Engineer Yeager reviewed the plans and issued comments. There has been no response to those comments.
    4. Geosyntec – Brisbane landfill: The bids received by Geosyntec exceeded their expectations so the project was not awarded.
    5. 2007-2008 CIP: The project is complete and Shaw Pipeline has submitted a payment request for the full $132,000 contract amount. The Engineer recommends payment less the 10% retention; the Board concurred.
      1. The City of Daly City has taken exception to the roadway pavement repair at Schwerin and Midway. Their standards (which were not provided) say that patches need to be parallel or at right angles to the roadway. What was done is in more of a crisscross pattern. The Maintenance Director met with a Daly City representative today and provided a photo showing the area in question outlined in white. To comply with the request, means that the newly paved area over the capital project will have to be re-excavated. The Maintenance Director will contact Shaw Pipeline and get a price to repave. During the discussion there was agreement that the paving over the project area was well done and that what Daly City is really talking about is esthetics. Schwerin Street, generally, is in poor condition and contains numerous pavement patches over various projects.
      2. The Maintenance Director will also get a quote from Shaw Pipeline to lower a few manholes on Tunnel Avenue. One of the raised manholes could possibly be abandoned.
      3. The President asked the Maintenance Director to check the project area on Accacia where there appears to be soil that needs to be removed. This may be stains in the asphalt caused by it drying prior to all surface soil being removed.
    6. PG&E MSC groundwater discharge: PG&E has a permit to discharge groundwater and up until now the water has come from the construction of the new substation at the Martin Service Center. PG&E is starting work on the 12KV line and is encountering additional groundwater. They are pumping into a Baker tank and discharging into the sewer. PG&E has a total of 3 discharges; the remediation discharge that runs 365 days a year, and two batch discharges. They notify the Engineer when they are ready to discharge and then they report the volume.
    7. Geneva Laundromat additional capacity entitlement, APN 005-067-010: As instructed at the June meeting, the laundromat was invoiced for a portion of the overage. We will reevaluate their flow in six months after the second laundromat has been in operation for a while.
    8. APN 005-124-060, additional capacity entitlement charge for the old Daly City Library—motion required: The entitlement was significantly exceeded for the second year in a row. The building is vacant and they say that, as was the case last year, they found a leaking toilet. A motion was made by Director Quinteros to rescind the capacity entitlement billing but to put Daly City on notice that if this happens for a third time, they will be subject to payment of the fees. The motion was seconded by Director Swanbeck and unanimously passed by voice vote.
    9. Annual Sewer Service Charge Report: Handled during the Public Hearing.
    10. Connection/Capacity Entitlement Fees: The Engineer goes through a mathematical process each year to calculate the value of the District’s assets. It is the physical assets and cash divided by the current number of equivalent dwelling units (EDU) to arrive at the per EDU value. This is the formula used as the basis for setting the connection fee. In July, 1999 after going through the Prop 218 process, a five year connection fee structure was adopted by Ordinance No. 82. That Ordinance established a maximum of $3,414.00. Based upon this years’ calculations, the connection fee should be $3,721.00; however, we cannot exceed $3,414.00. The Engineer recommended the Board take no action since the rate of $3,414.00 and $16.79 gpd became effective July 1st. There was agreement that the rate needs modification. Counsel said that increasing the connection fee does not need to go through a cumbersome process. He will report at the next meeting about what procedure needs to be followed in order to go forward with a proposed increase.
    11. Accacia & Velasco Subdivision: No update.
    12. Daly City Water discharge: A contractor on a Daly City project inquired about discharging chlorinated water into the District’s system. Instead the contractor decided to dechlorinate the water and let it drain to the gutter.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline – sewer connection for tenant building: There has been no response to our recent letter which asked for a reply by this meeting. Counsel explained the remedies available to the District to seek remedy of this violation per the Sanitary District Act of 1923: (1) court action to hire a contractor to make the connection to the system; (2) seek an injunction to halt the violation; (3) provide notification and hold hearing to terminate service; (4) charge SFPP with a misdemeanor for violation of our code. All of these remedies involve attorney fees and levying fines doesn’t seem to be a remedy that is available. Initiating termination of service is the least costly option; the Engineer and Counsel will investigate further. Counsel will also contact the SFPP attorney. President Gallagher may have an opportunity to discuss this matter when she meets with Mike Pacelli and Mayor Barnes.
    2. Brown Act changes: The new provision was designed to allow the public to have access to documents that become available between the time the agenda is posted and before a meeting. A depository must be designated where the public can obtain copies of such a document. Documents distributed at the meeting are considered to be available to the public. There was consensus that any documents which are issued after posting of the agenda will be made available at the Daly City Library.
    3. Ma Assembly Bill 983: This legislation really says that a contractor must be provided with a perfect set of plans. The bill will be heard on August 5th by the Legislative Committee. The Engineer said that no plans are perfect and this bill will increase the cost of projects. It gives a contractor much more opportunity to make claims for extras. Counsel will draft a letter of opposition for signature by the President. The Board concurred with this action.
  4. District Clerk – consideration of matters relating to:
    1. The Clerk reported that CASA has adopted a new dues structure which results in an increase to the District of approximately $1,700. There was brief discussion of the merits of belonging to CASA and CSDA. Out of that discussion came the realization that since approximately two thirds of our budget passes through to the SFPUC for treatment fees, and the SFPUC is also a member of CASA, there could be dual payment issues. The Clerk will check with Debbie Welch at CASA.
    2. The Clerk suggested and the Board agreed that quarterly payments for maintenance of our website is acceptable.

Old Business:

  1. Review/accept contract staff compensation increase(s)

    Acknowledged receipt of increase notifications from CSMS and the Clerk. The budget was prepared with funds sufficient to cover the increases. Counsel and the District Engineer said they too, may be requesting an increase in compensation.

New Business:

  1. Resolution No. 08-05 allocating funds to District reserve, contingency and cash flow accounts for FY 2008-2009
    A motion was made by Director Swanbeck to adopt Resolution No. 08-05, a Resolution Allocating Funds to District Reserve, Contingency and Cash Flow Accounts for Fiscal Year 2008-2009. The motion was seconded by Director Quinteros and unanimously approved by voice vote.
  2. September CSDA Conference in Irvine
    No Director will attend.
  3. August CASA Conference in Monterey
    Director Rizzi will attend the August 21-23 Conference. A motion was made by Director Quinteros, seconded by Director Swanbeck and passed approving attendance for a Director to attend CASA.
  4. 948 Schwerin Street, claim for reimbursement for plumber
    The Maintenance Director explained that there have been 11 service requests at this residence since 2003. Over the years as a courtesy to the property owner, the crew rodded from a cleanout in the driveway slightly back from the property line. In 2007 during rodding a rod was caught in the line going out toward the street. When the last call was received on April 9th, there was no problem at the cleanout which was verified when the crew ran a snake from the cleanout to the mainline. The resident was advised it was their responsibility since the problem was on the house side. The resident called a plumber the next day and on June 10th submitted a claim to be reimbursed. The Maintenance Director doesn’t believe that the rod was causing the backup since it was located past the cleanout toward the street. The blockage was between the cleanout and the home. The cleanout was not overflowing. Neither the resident’s letter making a claim nor the plumber’s invoice support the assertion that the rod caused the backup. The claim letter states the resident called a plumber who opened the cleanout in the driveway and used their machine “toward” the house and found a rod stuck in the line. The plumber invoice also indicates using a machine “toward” the house. As indicated above, the rod is out from the cleanout toward the street—not toward the residence. The explanatory language on the invoice does not state that the rod in the line was the cause of the backup, just that it needed to be removed ASAP. The consensus of the Board was that the claim be denied giving an explanation including the number of service requests, that the rod was not the cause of the problem and that the Board recently replaced the lateral and installed a cleanout.

Consent Items:

  1. Payment authorization for bills and compensation

    A motion was made by Director Swanbeck, seconded by Director Quinteros and unanimously passed approving payment of bills by check numbers 4594-4621.
  2. Reports on other matters: no action will be taken

Adjournment:

A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to adjourn the meeting at 9:47 P.M. The next meeting is August 28, 2008.

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