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Bayshore Sanitary District


Regular Meeting of September 25, 2008 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:05 P.M.

Roll Call:

Present: Gallagher, Rizzi, Swanbeck, Tonna
Absent: Quinteros
Staff: Clerk Landi, District Counsel Bakker 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:

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 August 28, 2008
  2. Payment authorization for bills and compensation
  3. Accept 8/31/08 monthly report on District’s current financial status
  4. Accept August, 2008 checking account statement reconciliation

    A motion was made by Director Swanbeck, seconded by Director Rizzi and passed to approve the consent agenda including payment of bills by check numbers 4644-4662.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: There was meeting on September 17th. Two municipal reviews were considered and continued. An agreement was adopted with San Mateo County for the provision of personnel and legal services. There are 2 pending, minor annexations to be considered. There was a Cal Lafco conference during which, Sepi Richardson was chosen as Treasurer and Martha Poyotas as LAFCo Executive Officer of the year.
    2. CSDA: Nothing to report.
  2. City of Daly City: Director Rizzi reported that the Governor has not yet signed SB1527. This is the bill which would allow the Cow Palace parking lot to be sold. A recent newspaper article reported that the Cow Palace Board is negotiating to lease the property.
  3. City of Brisbane: Since the last meeting, there has been a meeting of the Executive Committee of the CAG. Last week there was a regular meeting with a person speaking about the toxic conditions of the Baylands property. President Gallagher reported on a conversation with City Manager Holstine regarding the Baylands. He indicated that the City wants to do what is best for all parties. He also indicated that the Corporation Yard is leased from Kinder Morgan for $1 and is a temporary arrangement.

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 power failure on September 10 which lasted for approximately 1½ hours. Mr. Landi reported that a crew member responds to make sure that power has properly switched from AC to the generator and then rechecks when AC power is restored.
  2. District Engineer — consideration of matters relating to:
    1. PG&E truck washing facility: No report
    2. SFPUC – rebate calculations: No report
    3. SFPUC rehabilitation of existing 66” transmission: No report
    4. Geosyntec – Brisbane landfill: Revised plans have been submitted but they shouldn’t impact the District. The metering and the connection tie-in are of concern to the District and the Engineer doesn’t think they have changed.
    5. 2007-2008 CIP – Schwerin Street repaving: The Maintenance Director met with Ravi Ghemani, City of Daly City, on site. He explained the situation and also learned that their paving regulations were changed a few years ago. Mr. Ghemani was advised that the Board had discussed the City’s concern and had the CIP contractor solicit bids to do the repaving. He was told that the estimate from Shaw Pipeline was about $7,000 and that was if the work were done as part of a larger project. Mr. Landi expressed concern over the necessity of the pavement repair since this portion of Schwerin Street had not been paved in over 30 years. He advised Mr. Ghemani that the District would be willing to contribute some funds toward repaving or slurry sealing on Schwerin Street. After discussion, Mr. Ghemani said he would accept a $4,000 contribution from the District for sealing/paving and would schedule the work for FY 2009-10. The Maintenance Director said he could not speak for the District but would apprise the District Board of their discussion. After lengthy discussion, a motion was made by Director Swanbeck, seconded by Director Tonna and unanimously passed committing $4,000.00 for the refurbishment of the 900 block of Schwerin Street between Midway/Martin and Partridge, payable upon award of a contract by the City of Daly City in FY 2009-10. The Maintenance Director was directed to draft a letter to Mr. Ghemani.
    6. PG&E MSC groundwater discharge: Per the Engineer, they should have initiated a large, one-time discharge that is included in their permit.
    7. Conestoga-Rovers & Associates (CRA): The temporary discharge from the Chevron Station may still be waiting on the SFPUC permit. The Maintenance Director said there is a Baker tank at the site.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline (SFPP) – sewer connection for tenant building: The District Engineer estimates that it would cost between $60,000-$100,000 for SFPP to connect to the District’s system. They are currently in violation of the District’s Ordinances. Counsel advised that the options are to do nothing, grant another waiver or enforce the Ordinance and exercise whatever remedies available. The Corporation Yard currently uses the building for storage and has a trailer used as an office. There was discussion regarding the options, fees and conditions of a waiver and also a similar case involving Lazzari Fuel. Director Rizzi suggested that since Brisbane contends that this arrangement is temporary, the Board needs to define what it believes is “temporary.” This item will be agendized for the October meeting in order to consider issuance of a waiver. The City will need to reapply for a waiver and pay the applicable fee.

      President Gallagher said that Mike Pacelli is going to make a presentation to the Board on the Universal Paragon property development plans.
  1. District Clerk – consideration of matters relating to:
    1. Ethics Training: Counsel believes that the previous training the Board received will carry them through the end of 2008. Mr. Bakker advised that the FPPC website offers an online course that can be completed at your own pace; will provide details.
    2. Audit update: The Clerk reported that the auditor will be recommending that the District create a capitalization policy. President Gallagher explained how our balance sheet doesn’t match the schedule of assets maintained by the District Engineer. The auditing firm has indicated that they will have the District take over the depreciation schedule. The Clerk will check with AJ Major regarding a depreciation schedule and the capitalization policy.

Old Business:


New Business:


  1. 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 8:01 P.M. and ended at 8:06 P.M. No reportable action was taken.


A motion was made by Director Rizzi, seconded by Director Swanbeck and passed to adjourn the meeting at 8:06 P.M. The next meeting is September 25, 2008.

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