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Bayshore Sanitary District


Regular Meeting of January 15, 2009 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:00 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: Mike Pacelli & Steve Hansen

Election of Officers:

  1. President
  2. Vice President
  3. Secretary-Treasurer

Director Quinteros made a motion to retain the current slate of officers. The motion was seconded by Director Swanbeck and unanimously passed by voice vote. The Officers for 2009 are: President, Iris Gallagher; Vice President, Walter Quinteros; and Secretary-Treasurer, Norman Rizzi.

Oral and Written Communications:

  1. Communications from members of the public

    1. Baylands Development presentation
      Mike Pacelli made brief introductory remarks and stated that the review process is quite complex and is taking some time. There has been lengthy discussion by the City of Brisbane regarding the proposed project and a possible preferred project. Universal Paragon Corporation (UPC) will respond to any suggested preferred plan and then the EIR process should begin. The hope is that a decision would be made in mid 2010. Steve Hansen is the project manager for UPC. The investors purchased the property 20 years ago and now have staff who know how to move this project forward. The site has been altered over about a century and they are now trying to put it back to its’ natural state and move forward with a development program. This project is about one third the size of Brisbane, 8 million square feet. Mr. Hansen gave an overview of the project components and the prior and current uses of the land, i.e. landfill, railroad corridor, rail yard, etc. He explained the remediation work for the sanitary land fill site. The rail yard area has other fill issues of lead and arsenic which will need to be capped.

      UPC has recently acquired the Schlage Lock property which presents its own cleanup program. Development of residential and mixed use on the site has received an entitlement from San Francisco. Demolition will begin at the end of February and the cleanup will take about 18 months.

      In general, most of the buildings will have to be structured due to the differential settlement of the land.

      The City of Brisbane has hired a planner to generate an alternative plan for developing the land. There are actually three plans under consideration. Mike Pacelli said there is the opportunity for this to be an exemplary project—there are a lot of regional pressures to make sure that this has all the elements of sustainability. The City of Brisbane wants the project to be energy self-sufficient.

      One of the major challenges for this project to move forward is that water is provided by the City of San Francisco and there is no allocation for the Baylands property. The City of Brisbane wants a state of the art water recycling program. UPC is looking at creating a recycling program which includes a tertiary treatment facility. Since there is no water allocation they would treat wastewater generated by the City of Brisbane to be used for just about everything but drinking and shower water—that would be an offset that could then create some availability of potable water.

      Engineer Yeager pointed out that there are limited uses for recycled water. Potable water demand is about 3 times the demand for toilet flushing and landscaping. And in wet weather, you don’t need recycled water for landscaping—so then what do you do with all the water. There are challenges to designing a system that satisfies the varying demand.

      UPC has requested that the City issue a draft EIR by the end of 2009.
  2. Communications from members of the District Board and Staff
    The Clerk reported on a follow-up questionnaire from the Grand Jury regarding Director compensation and recruitment. The questionnaire was completed and submitted after consultation with President Gallagher.

  3. Acknowledgment of recent correspondence to the District
    The President acknowledged receipt of the CSDA magazine. She mentioned that their 40th anniversary conference will be held in Palm Springs September 21-24 and encouraged fellow Directors to consider saving the dates.

    Counsel Bakker advised the Board that we recently received notice of a class action settlement vs. Driver Alliant, the broker who services the CSRMA pool. Driver was accused of receiving kickbacks from insurance companies. The question for the District is whether they want to remain in the settlement class or opt out and proceed individually. Counsel will evaluate the situation before the next meeting and will make a recommendation at the February meeting.

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 Regular Meeting of December 18, 2008
  2. Payment authorization for bills and compensation
  3. Accept 12/31/08 monthly report on District’s current financial status
  4. Accept December, 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 4718-4731. A motion was made by Director Quinteros, seconded by Director Swanbeck and unanimously passed authorizing the Clerk to pay 2 additional invoices received today. They will be listed on the next A/P report.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    a. LAFCO: The next meeting is January 21st. Supervisor Tissier will replace former Supervisor Jerry Hill as one of the County representatives. One item under consideration is a grand jury recommendation that LAFCo work with the Los Trancos Water District to look for an agency to take over their District.
    b. CSDA: No report.
  2. City of Daly City: The City Manager will report to Bayshore citizens regarding the proposed Cow Palace land development.
  3. City of Brisbane: The CAG meeting is next Tuesday. The President met with the Executive Committee yesterday.

Staff Reports:

  1. Maintenance Director -- consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory—(1) there were two service requests; (2) removed debris and rocks from #3 pump; and (3) adjusted the suction plate to get the clearance closer – will monitor for the next month.
    2. CA Government Code 4216.4(a) regarding vacuum excavation: Many companies are using a vacuum system for projects and are allowed to do so under this government section. It is highly desirable for an entity to have a policy regarding vacuum excavation. The Maintenance Director and District Engineer can work on a policy if the Board so desires. However, the Engineer believes that since contractors need encroachment permits from the City of Daly City we may not necessarily need to do anything. This item will be continued to the February meeting.
  2. District Engineer – consideration of matters relating to:
    1. SFPUC – annual billing and rebate calculations: The Engineer has not completed his review of mag meters.
    2. Geosyntec – Brisbane landfill: They are constructing the leachate collection system. We are only concerned with how they connect to our system.
    3. PG&E MSC groundwater discharge: They are having discharges and have been making the proper reports.
    4. Brisbane Baylands: The Engineer and Maintenance Director met with Mike Pacelli and Jonathan Scharfman. Their discussion was much the same as the presentation this evening. One point made relative to wastewater was that Brisbane wants complete control. The first phases of the project will not include any treatment. The District has some facilities which would need to be updated should this project go forward, such as a second force main.
  3. District Counsel – consideration of matters relating to:
    No report.
  4. District Clerk – consideration of matters relating to:
    No report

Old Business:

  1. January 22-23 CASA Conference
    No Director will be attending the Conference..

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 8:55 P.M. and ended at 9:12 P.M. No reportable action was taken.


A motion was made by Director Swanbeck, seconded by Director Quinteros and passed to adjourn the meeting at 9:13 P.M.

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