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Bayshore Sanitary District


Regular Meeting of August 28, 2008 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:09 P.M.

Roll Call:

Present: Gallagher,  Rizzi, , Tonna
Absent: Quinteros, Swanbeck
Staff: Clerk Landi, District Engineer Yeager, Maintenance Director Landi and J. Faught for District Counsel

Oral and Written Communications:

  1. Communications from members of the public:
  2. Communications from members of the District Board and Staff:
    President Gallagher received an email today from Daly City Manager Pat Martell regarding SB1527. This is the bill under which the State will negotiate with Daly City to purchase part of the Cow Palace parking lot. The bill has passed the legislature by a ⅔ vote and has been sent to the Governor for his signature. He has vowed that he will not sign any bills until a budget is passed. Manager Martell encouraged local entities to send letters appealing to the Governor to sign the bill. President Gallagher asked if we can approve a resolution or send a letter since we have only three Directors present. Following discussion it was determined that with one Director having a conflict, there is not a quorum left to pass a resolution.
  3. Acknowledgment of recent correspondence to the District:
    CSDA letter of today.

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 7/31/08 monthly report on District’s current financial status
  4. Accept July, 2008 checking account statement reconciliation

    A motion was made by Director Tonna, seconded by Director Rizzi and passed to approve the consent agenda including payment of bills by check numbers 4621-4643. The Clerk asked for and received approval to issue a check to Director Rizzi for reimbursement for out-of-pocket expenses for the 8/21-23 CASA Conference.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: There was meeting last Wednesday in which a Municipal Service Review was considered for the Town of Hillsborough and a drainage channel district. She added that spheres of influence for the coastside will be on the October agenda.
    2. CSDA: The meeting was held August 5 and was well attended. There was a bit of controversy when representatives from the coastside expressed their dissatisfaction with LAFCo decisions made relative to the coastside.
    3. The President reported on a meeting with a representative for the Baylands Developer and the Brisbane Mayor. The major topic of the meeting was regarding provision of sewer service to the Baylands property: The first phase of the project will be in the northern portion. At the last CAG meeting the contractor and reps from Brownfields explained the cleanup and demolition of the Schlage Lock property. The President believes that this meeting was to get a sense about how the District feels about the Baylands detaching from the District; then they would be dealing with Brisbane and San Francisco. It was suggested to them that they make a presentation for the entire Board.

      The Maintenance Director expressed his opinion that there is no compelling reason that justifies detachment from the District. There was considerable discussion. From an engineering standpoint, Mr. Yeager made the following points:
      1. a portion of the land is served by San Francisco water;
      2. not all of the development would be served by a separate tertiary wastewater plant—part of it would pass through the Carlyle Station;
      3. regarding water reclamation—what are they going to do with the water? There is not a big market for recycled water. They would have 2 choices to discharge the extra recycled water—discharge to the Bay or dump it into the existing sewers which flow to San Francisco.
      4. Water Quality would require a contract operator to operate a plant—this is not something that the District or Brisbane could do on a day-to-day basis—this is something for a large firm with a proven track record for this type of project. (Engineer Yeager distributed a case study of a water reuse project in NYC).
      5. The District’s facilities need to be considered in any plan, whether it’s to flow into this pump station or impact any other facilities.
      6. The Engineer doesn’t believe that Brisbane is in any better position to undertake this than the District.
      7. The Engineer mentioned various projects involving recycled water and reuse projects.
      8. Baylands needs to have a realistic plan regarding water reuse and since it will be built out in phases, a treatment plant would not be constructed early in the project.

      Director Rizzi mentioned a water reuse project in Orange County that was one of the discussion topics at the recent CASA Conference.
  2. City of Daly City: No report
  3. City of Brisbane: No report
  4. Director Rizzi:
    1. CASA Conference (note that agenda erroneously indicated CSDA Conference): Director Rizzi shared various panel forum pamphlets and briefly mentioned some of the more interesting topics and programs. He reported on restructured membership dues and reorganization of the conference schedules. Regarding the dues, the Clerk reported that she discussed this with Debbie Welch of CASA, and was advised that treatment fees paid to San Francisco can be excluded from the dues calculation since San Francisco is also a CASA member; those funds need not be reported twice.

      Counsel reported that amendments have been made to the sewer agency grading bill—this is the bill that would issue a letter grade to entities (A,B,C,D,F). They’re still working on the bill and it looks as though it will pass. She also reported that the State is in process of trying to collect a backlog of fines. There is a sewer lateral task force which will survey entities.

Staff Reports:

  1. Maintenance Director — consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory. The valve replacement project is complete; after the first valve the next three went more quickly. Before the end of the year, some of the piping will be repainted.
      In regard to 370 Accacia Street, we received a USA notification that a sewer line was being installed. It was discovered that Daly City erroneously issued a permit and an inspector directed the plumber to remove the cleanout at the property line. The Clerk had several conversations with the inspector and George Montemeyer. The error was rectified, the plumber obtained a Class 4 permit, a cleanout at the property line was reinstalled and Mr. Landi inspected for conformance to District ordinances.
  2. District Engineer — consideration of matters relating to:
    1. PG&E truck washing facility: We have not received a construction schedule.
    2. SFPUC – rebate calculations: No update. William Laws has requested FY 08-09 data which will be used to calculate our FY 08-09 treatment fees. Since there has been no resolution regarding the rebate calculations, the Board may want to consider how to handle the billing.
    3. SFPUC rehabilitation of existing 66” transmission: No response to our comments.
    4. Geosyntec – Brisbane landfill: The project is being redesigned.
    5. 2007-2008 CIP (motion required): This concerns the repaving at the intersection of Midway Village and Schwerin. This is where we abandoned a manhole, did some replumbing and installed new laterals. The paving does not meet Daly City standards. However, we were not advised of the standards at the time the permit was applied for and issued. We asked the CIP contractor Shaw Pipeline to obtain a bid for this paving—which is cosmetic in nature since the actual paving is satisfactory. The cost will be $6,700 + 5% markup. One Director said that he took the time to look at various streets in the District and it appears that Daly City is inconsistent relative to applying this requirement. The Engineer was directed to call Daly City to inquire about when they plan on doing slurry sealing on Schwerin as has been done on most other streets. A motion was made by Director Rizzi authorizing work to proceed under the Shaw Pipeline bid if the Engineer is unsuccessful in reaching a compromise with the City of Daly City. The motion was seconded by Director Tonna and passed by voice vote.
    6. PG&E MSC groundwater discharge: This was to be an intermittent discharge but they have been very frequent. The discharge is associated with work being done at the substation. They report volume to the Engineer.
    7. APN 005-124-060 additional capacity entitlement charge, old Daly City Library: A letter was sent to the City of Daly City granting a waiver for the abandoned library on Geneva Avenue. They were cautioned that a waiver would not be granted a third time. Payment has been received from the Geneva Laundromat for additional capacity.
    8. SSMP/CIP update: In regard to CIP planning, the Engineer and Maintenance Director discussed potential projects. The only significant project identified is replacement of the pumps and motors. The Engineer reported that we can certify completion of the final three components of the SSMP which is due 8/31/08. The Engineer recommended that in addition to the information distributed each month on non-scheduled maintenance activities, an annual review should be agendized each January.
    9. Conestoga-Rovers & Associates (CRA) (motion required): They are a remediation firm hired for a project at the Chevron Station on Bayshore. CRA inquired about obtaining an industrial discharge permit—this is a typical groundwater discharge permit. The process was explained and they were advised that they need to work with the SFPUC first, then complete a permit application and submit the fees. Since that conversation, CRA has submitted the necessary documentation and the applicable fee. All that remains is issuance of a permit by the SFPUC. A motion was made by Director Tonna, seconded by Director Rizzi and passed by voice vote that a permit be issued contingent upon CRA obtaining a permit from the SFPUC.
    10. Engineering fee rate increase (motion required): The increase raises the maximum from $175 to $190 per hour. The Board was provided with a schedule of various engineering charges. A motion was made by Director Rizzi, seconded by Director Tonna and passed approving this increase request.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline (SFPP) – sewer connection for tenant building: There has been no further correspondence from SFPP. Counsel Faught spoke to the attorney for SFPP and they consider that Brisbane is/will be responsible for whatever corrective action is necessary. If the District elected to take the necessary remediation action and billed SFPP, they indicated they would in turn bill the City of Brisbane. To become compliant with District regulations, a small pump station and new force main would be necessary.

      This item was continued to the September meeting.
  4. District Clerk – consideration of matters relating to:
    1. The Clerk reported that she spoke with the Daly City Library on Martin Street and received their agreement that any documents distributed to the Board within 72 hours prior to a meeting, could be made available to the public at the Library. An appropriate notation now appears on the monthly meeting agendas.

Old Business:


New Business:

  1. Biennial review of Conflict of Interest Code
    The Clerk provided Counsel with the communication from the County. He advised that the current Conflict of Interest Code needs no changes. The document can be signed and submitted to the County.
  2. Reports on other matters: no action will be taken

Closed Session:

  1. Conference with Legal Counsel – existing litigation (Subdivision [a] of Section 54956.9)
    Bayshore Sanitary District v. City & County of San Francisco, San Francisco Public Utilities Commission; Case No. CGC 07-469434

    The Closed Session began at 9:04 P.M. and ended at 9:09 P.M. No action was taken.

    President Gallagher and Engineer Yeager discussed the appropriations limit and the depreciation schedule. The auditor has been maintaining a schedule but would like the District to officially maintain it going forward. The Engineer calculates the total depreciation value each year. President Gallagher will discuss this with A.J. Major.


A motion was made by Director Tonna, seconded by Director Rizzi and passed to adjourn the meeting at 9:18 P.M. The next meeting is September 25, 2008.

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