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Bayshore Sanitary District


Regular Meeting of November 20, 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, Quinteros, Rizzi, Swanbeck, Tonna
Absent: None
Staff: District Counsel Bakker, Maintenance Director Landi, District Engineer Yeager and Clerk Landi
Also: David Beaumont, CKS Environmental

Oral and Written Communications:

  1. Communications from members of the public:
  2. Communications from members of the District Board and Staff:
    President Gallagher was unable to meet with Mike Pacelli and City Manager Holstein therefore no date has been scheduled for a Baylands presentation.
    She added that she is preparing to fill a request from the State Controller for one more document for the annual reporting.
  3. Acknowledgment of recent correspondence to the District:

    All correspondence was included in the meeting packets.

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 October 23, 2008
  2. Payment authorization for bills and compensation
  3. Accept 10/31/08 monthly report on District’s current financial status
  4. Accept October, 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 4677-4694. (Note: #4676 was voided)

Board Reports – consideration of matters relating to:

  1. President Gallagher
    1. LAFCO: The meeting was cancelled.
    2. CSDA: Chapter meeting was in early October. A representative from CSDA spoke to the attendees about succession and five year planning.
  2. City of Daly City: Director Quinteros reported that Dave Canepa was elected to the City Council and will replace Ms. Christensen. A new City Clerk was also elected.
  3. City of Brisbane: No update since President Gallagher was unable to attend a recent CAG meeting.

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 Maintenance Director reported that there has been another mix-up by the City of Daly City. A property owner was replacing a lateral from the driveway to the cleanout. Daly City issued a permit and told the plumber that a cleanout wasn’t needed. The Maintenance Director worked with the plumber and a proper cleanout was installed. It may be helpful to write a letter to Daly City regarding the best way to handle these types of projects.
      There was brief discussion regarding permits that exceed the 12 month initial issuance period. Counsel Bakker read a section from the Ordinance Code and suggested that additional language be added to permits to be consistent with the Code.
    2. MacDonald Avenue inspection: Both sides of the street were televised to inspect the U-liner project done about 15 years ago. There are some areas with minor dimples and deflections. None were as serious as the approximate 80 feet area between Manholes 6-5 reported at the last meeting. It shouldn’t become a problem in the near future; however, Mr. Landi recommends that it be considered for a future CIP project. In response to a question from the Engineer, it was noted that the lines are 5” on the south side of MacDonald Avenue and 8” on the north side.
      Director Tonna questioned video inspection charges on the monthly O&M billing which were approved under the consent agenda. He was provided a copy of the invoice.
  2. District Engineer — consideration of matters relating to:
    1. PG&E truck washing facility: The District required surface bumpers to divert ground water. The work has been done, has been inspected and found to be in compliance with our requirements.
    2. SFPUC – annual billing and rebate calculations: The Engineer was requested to draft a letter regarding the annual calculation and also to advise the City that payment of the District’s FY 08-09 sewer service charges will be withheld pending resolution of the rebate issue. The letter has been drafted and is being reviewed by District Counsel.
    3. Geosyntec – Brisbane landfill: Still waiting for Brisbane permit.
    4. PG&E MSC groundwater discharge: This permit is associated with the new substation and transmission line.
    5. Consideration of Brisbane waiver: This is in regard to the Municipal Services Center. In an October, 2007 letter, Brisbane Counsel requested that the previous arrangement be continued. Engineer Yeager interprets that to be a request for a waiver. Counsel has prepared a draft resolution. The Board needs to decide on the term of the waiver and the fee for staff time needs to be calculated. There was consensus that as long as the use remained the same the waiver would be for an indefinite period of time. A motion was made by Director Quinteros to approve Resolution No. 08-06, a Resolution Granting Waiver to SFPP, LP From Strict Application of Certain District Regulations. The motion was seconded by Director Rizzi and unanimously passed by voice vote.
    6. Customer billing questions: Around this time of year when property owners receive their tax bills there are always billing questions. There is a standard letter sent explaining the calculation process.
    7. 16 lot subdivision: Mr. Beaumont explained that he was here on behalf of his client to obtain some assurance that the District can provide and is capable of providing service to the property at Steve Courter and Martin Street. He added that the procedures for this project are somewhat different than the norm since it is within a redevelopment district.
      The Engineer said that since he has been with the District we have never issued a will serve letter and the Ordinance Code is silent on this issue. District Counsel pointed out that there is really no fixed meaning to what a will serve letter is—that is up to Daly City. At this time the District has facilities and the capacity to serve this project, subject to adherence to all the District Ordinances and Codes. Counsel has some standard forms and will provide one to the Engineer to prepare and submit to Daly City to satisfy their request.
      Mr. Beaumont estimates that there are about 3 public hearings and 6 months of preparation ahead. The Engineer explained that a Class 3 permit would be required along with fees to cover plan inspection, legal, administrative and inspection fees.
  3. District Counsel – consideration of matters relating to:
    1. Santa Fe Pacific Pipeline (SFPP) – consideration of waiver for continued use by tenant, City of Brisbane: Handled above in 12(e).
    2. Ethics Training: This was carried over to decide where the training could take place some time in December. President Gallagher has not checked with other Districts to see if any of them need to have ethics training and would be interested in participating. After discussion, it was decided that training would be onsite and held at 3 P.M. on December 18 prior to the regular meeting.
  4. District Clerk – consideration of matters relating to:

Old Business:


New Business:

  1. FY 2007-08 Audit
    A copy was provided in the Board meeting packet. President Gallagher noted that Vavrinek, Trine, Day & Co. (VTD) expensed the capital improvements. The following inconsistencies were noted: Page 3 lists capital improvements in the District Highlights section, Page 6 indicates no significant expenditures on capital assets and page 18 lists $215,800 in capital improvements.
    President Gallagher explained that during a recent tax seminar she attended there was discussion about capital improvements vs. repair. There was agreement by the Engineer and Maintenance Director that the new valves are a capital project. The Clerk was instructed to contact VTD regarding the inconsistencies and to request that the last line on Page 6 be deleted or reworded to indicate funds were expended for improvements to the District facilities.
    A motion was made by Director Swanbeck, seconded by Director Quinteros and passed to accept the FY 07-08 audit contingent upon the correction on page 6.
  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 8:18 P.M. and ended at 8:41 P.M. No reportable action was taken.
    The Clerk was authorized to prepare a check for the first quarterly payment to the SFPUC.


A motion was made by Director Quinteros, seconded by Director Swanbeck and passed to adjourn the meeting at 8:42 P.M.

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