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Bayshore Sanitary District


Regular Meeting of October 23, 2008 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:01 P.M.

Roll Call:

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

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:
    President Gallagher asked for clarification of the annual notification from San Mateo County regarding the District’s anticipated property tax revenue. Counsel advised that this covers secured and unsecured property and the unitary tax is the county-wide tax on utilities assessed by the State. He added that the District is fortunate that San Mateo County is under the Teeter Plan.

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 September 25, 2008
  2. Payment authorization for bills and compensation
  3. Accept 9/30/08 monthly report on District’s current financial status
  4. Accept September, 2008 checking account statement reconciliation
    A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to approve the consent agenda including payment of bills by check numbers 4663-4675.

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: President Gallagher did not attend the October 15th meeting. However, it is her understanding that in regard to the Coastside, LAFCo wants the 3 sanitary districts to consolidate and also for the 2 water districts to consolidate.
    2. CSDA: The meeting is scheduled for October 28th.
  2. City of Daly City: The Governor vetoed SB 1527, the bill regarding the sale of a Cow Palace Parking lot. Director Swanbeck remarked that the Governor has since indicated that he didn’t believe that he should hand off property when bidding is taking place. The Cow Palace Board is currently negotiating with Cypress Equities. Cypress has until January to develop a plan.
  3. City of Brisbane: The President received a call from Mike Pacelli requesting another meeting with City Manager Holstine since the Baylands group has a more specific plan. Mr. Pacelli indicated that they would like to make a presentation to the Board; possibly at the November 20th meeting.

    The President reported that the December CAG will have a study session with presentations from the various consultants. Mr. Yeager believes they will propose some sort of treatment facility for a portion of the new structures. That facility is going to recycle a portion of the wastewater for reuse. But they have very limited year-round irrigation so a portion of the reuse will be used for flushing but they will still have excess which will have to be discharged. They will have to obtain a discharge permit of their own from the Regional Water Quality Control Board or apply for a discharge permit from the SFPUC. If they discharge, it may or may not go through a portion of the District’s facilities. This is going to be very complicated from an engineering, regulatory and political standpoint.

Staff Reports:

  1. Maintenance Director — consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory. Regarding Mary Court in Midway Village, service was requested for a reported seepage problem. After investigation it was determined that it was not a District problem. It may have been caused by building leaks.

      Mr. Landi expressed concern about a portion of slip-lined main on MacDonald Avenue. During maintenance operations, the crew was unable to feed the jet hose through the line. That section was televised and it was found that the liner is pulling away from the pipe. Mr. Landi said he has recently encountered this same problem with the U-Liner product in Redwood City. The Engineer has heard of these problems but they have occurred immediately following installation; not 10-15 years later. The liner project consists of about 1500-1800 feet of line. The Maintenance Director suggested that further investigation be performed. The Engineer said if this line had to be replaced, pipe bursting would be a better technique. He also expressed his opinion that the entire lined pipeline be televised to evaluate the condition.

      Regarding the October 9th letter sent to Ravi Gehani, City of Daly City, addressing the paving on Schwerin Street, there has been no response.
  2. District Engineer — consideration of matters relating to:
    1. PG&E truck washing facility: They have not called for an inspection.
    2. SFPUC – rebate calculations: No report by Engineer.
    3. SFPUC annual billing: We received the annual billing for $771,287; we budgeted $750,000—last year it was $742,000. The charges have been reviewed and found to be appropriate.
    4. Geosyntec – Brisbane landfill: They are still waiting for their permit from Brisbane. Our only concern is how they make the connection to our manhole and how they plan to handle the metering.
    5. 2007-2008 CIP: The Engineer has worked with Counsel and his staff and has determined that the 10% retainage can be released.
    6. PG&E MSC groundwater discharge: This is associated with the construction of the sub station and the new high voltage transmission line. It appears that most of the work is done.
    7. Conestoga-Rovers & Associates (CRA): They are a consulting firm doing a ground water remediation project at the Chevron Station. They requested a permit from the District. The form was provided and they were advised that they also needed a permit from San Francisco. The form and deposit was submitted. Subsequent to that, they decided to use Baker Tanks and haul the discharge away. We have incurred some limited costs; the balance can be refunded
    8. 7/11 @2700 Bayshore Boulevard: This is also a remediation project. The plans were provided but all the work is on-site. They have been advised that if there is any contaminated groundwater to be discharged, then they will have to go through the permitting process.
    9. Cypress Equities (aka Emmitt Smith): The Engineer remarked that he did most of his communicating on this project via emails and that the information on the District’s website was very helpful. They are looking at the corner of Geneva and Carter, a small portion of which is in San Francisco. The developers were advised that we provide service to the Cow Palace and would provide wastewater service to this parcel. If there is a building physically located in the City of San Francisco, we would probably have to enter into a service agreement for that building. This preliminary development plan includes commercial and residential some of which are multiple levels.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline (SFPP) – sewer connection for tenant building and or consideration of waiver for continued use by tenant, City of Brisbane: At the last meeting, the Board decided that it would allow Brisbane to apply for another waiver. The waiver process was not commenced so this item is continued to the November meeting.
    2. Ethics Training: AB1234 which became effective 1/1/06 required training by a sitting director by 1/1/07. The Board met that requirement. After that, the training must be taken once every two years. The way Counsel reads the Bill, the Board would need to take the training again by 1/1/09. The training is available free on the website of the Fair Political Practices Commission. You can complete the training at your own pace (http://localethics.fppc.ca.gov/login.aspx). Counsel said that he was willing to conduct a workshop and that perhaps other Districts would like to participate. It was suggested that the two hour training could be held as part of the December meeting. President Gallagher said she will ask if any other Districts would be interested in participating at the next CSDA Chapter meeting.
    3. 1608 Birchwood 08-09 Sewer Service Charges: The owner passed away and the estate is bankrupt. This is one of the 27 properties that have a San Francisco address and are manually billed by the District. The bankruptcy debtor has provided a claim form. This brings up the problem that we have for properties out of San Mateo County. The direct billing has worked pretty well in the past; however, unlike properties in San Mateo County, we can’t place delinquent charges on the San Francisco tax rolls. Director Swanbeck advised Counsel that Saddleback is reviewing their CC&Rs. They would like to make a change that would insure that creditors and lien holders receive sums due them. The Maintenance Director said that perhaps we should turn the responsibility of collecting these charges to San Francisco. The Engineer said that annually, we provide San Francisco with the non pumped flow information. We could delete the flow from the 3 buildings and tell San Francisco to collect the charges—it is a pass through. A prior attempt to have San Francisco collect delinquent sewer service charges was denied by the City. Counsel believes there should be an easier mechanism to insure that the District receives payment. While this may be the only instance where the District will not collect owed charges, the rate of foreclosures has significantly increased. Director Swanbeck will have a discussion with the Saddleback Manager. The Engineer explained the process we follow in obtaining water meter readings and preparing the manual billings.

      Director Rizzi brought up his suggestion at the September meeting that the District define for itself, what “temporary” really is in any particular set of circumstances. Counsel said that he isn’t concerned about the term temporary as it applies to item 13(a).
  1. District Clerk – consideration of matters relating to:
    1. Audit update: The President said that she received an email yesterday from Vavrinek, Trine, Day & Co. with a series of questions that need to be answered. She added that the draft audit should be available prior to the next meeting. Also, President Gallagher spoke to A.J. Major about our depreciation schedule. Her concern was that we had to maintain the schedule. Auditor Major explained that the we do it on the actual cost basis and the Engineer keeps it on the replacement value. The Engineer said he keeps it both ways. The President asked if Mr. Yeager ever reconciles his depreciation schedule with the schedule by the auditors. There was further discussion of the schedule.

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 8:24 P.M. and ended at 8:27 P.M. No reportable action was taken.


The President reminded everyone that the November meeting will be held on November 20th since Thanksgiving falls on the fourth Thursday. A motion was made by Director Swanbeck, seconded by Director Quinteros and passed to adjourn the meeting at 8:30 P.M.

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