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Bayshore Sanitary District

Minutes

Regular Meeting of February 26, 2009 (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 (7:23)
Absent: None
Staff: District Counsel Bakker, Maintenance Director Landi, District Engineer Yeager and Clerk Landi

Oral and Written Communications:

  1. Communications from members of the public
    None

  2. Communications from members of the District Board and Staff
    President Gallagher reported on a call from a ratepayer expressing concern about the amount of her sewer service charge. The Engineer provided information to the ratepayer explaining how annual sewer service charges are calculated. It appears that the water usage increased dramatically. The ratepayer explained that she had a plumbing problem and that she has documentation regarding the repair. Engineer Yeager said that if the leakage problem resulted in flow going into the District’s sewer, no adjustment could be made since the District had to pay treatment fees. The Engineer added that he typically gets about five such inquiries each year and usually the user accepts his explanation and the records he provides. President Gallagher will call the ratepayer and provide her with clarification.

    The Clerk reported that the District will be receiving $28,565 of excess ERAF from the County for 2005, 2008 and 2009.

  3. Acknowledgment of recent correspondence to the District

    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 Regular Meeting of January 15, 2009
  2. Payment authorization for bills and compensation
  3. Accept 1/31/09 monthly report on District’s current financial status
  4. Accept January, 2009 checking account statement reconciliation

    A motion was made by Director Swanbeck, seconded by Director Quinteros and passed to approve the consent agenda.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    1. LAFCO: President Gallagher did not attend the February 18th meeting. The Maintenance Director did attend and said he was disappointed that they approved an item without the necessary documentation.
    2. CSDA: The February meeting was cancelled.
  2. City of Daly City:
    1. In response to a question from President Gallagher, Director Rizzi said that City Manager Pat Martell will be making a presentation regarding development of a portion of Cow Palace land in March.
    2. President Gallagher reported that she has been told that they will be breaking ground for the Velasco/Accacia housing development in March. The Engineer has not received any plans nor has the District received any connection permit applications.
  3. City of Brisbane:
    1. President Gallagher did not attend the CAG meeting. One concern for the CAG is the lack of representation of residents from the Bayshore area or Visitacion Valley.
    2. The Chamber of Commerce had a meeting yesterday. Judge Quentin Kopp spoke about the bullet train.
    3. Director Quinteros advised that the demolition of Schlage Lock has begun.

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 District received a call from the City of Daly City regarding depressions in the road on Martin Street. Since the depression(s) were close to our sewer they asked that we check to make sure the sewer was not the source of the problem. There was no sewer problem and the City will now repave the street.
    2. CA Government Code 4216.4(a) regarding vacuum excavation (continued from 1/15/09 meeting): Since the City would be the entity issuing the encroachment permit, the District need not make a policy.
    3. Suction plate adjustment: The cleaning of the suction plate seems to have reduced the run time for Pump #3. It is now pumping about 1700 gallons per minute. The Maintenance Director will check the gallon per minute rates for all 4 pumps.
    4. CalWARN meeting: We are a member of the CalWARN network which is an agency that would provide mutual aid to the northern region in the case of a catastrophe or a severe emergency. They are having a meeting and recommend that each agency send a representative. The Board agreed that Mr. Landi should attend and represent the District.
  2. District Engineer – consideration of matters relating to:
    1. SFPUC – rebate calculations: Will be discussed under closed session.
    2. Geosyntec – Brisbane landfill: They had taken out a permit previously but never discharged any water. The permit expired; they obtained a new permit from San Francisco. The Engineer has prepared a new industrial discharge permit and they have paid the fees. However, they have not yet made their connection to the system. A motion was made by Director Swanbeck, seconded by Director Quinteros and passed by voice vote to approve the permit which will expire January 15, 2010.
  3. District Counsel – consideration of matters relating to:
    1. Class action settlement vs. Driver Alliant: The District received notice of a settlement. Driver Alliant was accused of taking kickbacks and has agreed to settle the class action suit. Since the District is a member, they have the option of remaining in the class action, opting out or using their own counsel. Counsel Bakker said this appears to be an excellent settlement and he recommends the District remain in the class. We need take no action to remain in the class action.
  4. District Clerk – consideration of matters relating to:
    1. Insurance schedule up-date: The District receives an annual form to either confirm or update information regarding the value of the Carlyle Station and its contents. It was noted that in the prior year it was indicated that the building is sprinklered; that is not the case. A correction was made, the form submitted with the corrected information.

Old Business:

None.

New Business:

  1. CASA Private Lateral Sewer Survey:
    1. The CASA Attorneys Committee has been asked to investigate how their clients handle lateral sewer overflows. The question that has come about is what the jurisdictions are doing: do you require inspections, do you have requirements, do you have power to inspect and repair, etc. Another question is, has the agency addressed private sewer laterals or has it attempted to draft an ordinance. Counsel Bakker reviewed some of the questions.
    2. In the not so distant past, the Board discussed requiring an inspection when a property changed ownership. The consensus was that it would be difficult to enforce and would be costly relative to the District’s size.
    3. This matter will be on the March agenda so the Board can review the proposed legislative framework for ordinances requiring inspection and repair of private sewer laterals.
  2. Reports on other matters; no action will be taken
    None

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 7:59 P.M. and ended at 8:35 P.M. No reportable action was taken.

Adjournment:

A motion was made by Director Swanbeck, seconded by Director Tonna and passed to adjourn the meeting at 8:36 P.M. The next meeting is March 26, 2009.

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