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Bayshore Sanitary District


Regular Meeting of May 28, 2009 (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 Engineer Yeager, Maintenance Director Landi, Jen Faught for District Counsel and Clerk Landi

Oral and Written Communications:

  1. Communications from members of the public
  2. Communications from members of the District Board and Staff
    The Clerk reported that there are a higher number of delinquencies for Saddleback this year as compared to prior years. There was discussion regarding how to collect past due accounts and how the development gets billed for water by the C&C of San Francisco. Counsel will research our ability to place a lien on a property.
  3. Acknowledgment of recent correspondence to the District
    The Board requested that the Clerk contact Dooley Insurance & Financial to obtain a list of providers for the new dental 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 Regular Meeting of April 23, 2009
  2. Payment authorization for bills and compensation
  3. Accept 4/30/09 monthly report on District’s current financial status
  4. Accept April, 2009 checking account statement reconciliation

    A motion was made by Director Quinteros, seconded by Director Swanbeck and passed approving the consent agenda including payment of bills by check numbers 4783-4797.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    1. LAFCO: At the May 20th meeting a proposal from the Skyline County Water District to dissolve the District was considered and approved. The District sought the dissolution since they have sold their system to Cal Water. Their property tax will be redistributed among the other special districts in their service area. The Commission also discussed the final FY 09-10 budget which is $388,000. It was reported that LAFCo is going to be increasing fees in accordance with the cost of living. Municipal Reviews of the Cities of East Palo Alto and Menlo Park were continued.
    2. CSDA: The Local Chapter meeting was May 5th and they had an open, general discussion. The Maintenance Director elaborated on the portion of the discussion dealing with LAFCo. The next meeting will be in August.
  2. City of Daly City:
    1. The President attended a meeting of the Daly City Redevelopment Agency. The Bayshore area redevelopment plan has been in existence for 5 years and the plan needs to be updated. One idea is to buy properties to create larger, workable parcels.

      The El Rancho property development is nearing completion and the Maintenance Director has finaled the connection. We need to seek clarification from Counsel as to when sewer service fees are commenced.
  3. City of Brisbane:
    1. The President reported that at the last CAG meeting they discussed what they know, what they have learned during this process and the cleanup activities. The EIR for the Baylands should be ready in October.

Staff Reports:

  1. Maintenance Director – consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory. Mr. Landi reported that the City of Brisbane installed a storm drain at Industrial and Bayshore Highway to handle the puddling which occurs during every heavy rain. He inspected the installation since it was close to a District main.

      The Maintenance Director advised the Board that he had been interviewed by the San Mateo County Grand Jury. The District had responded to two questionnaires several months ago and the interview seemed to be a follow-up to those questionnaires.
  2. District Engineer – consideration of matters relating to:
    1. Annual Sewer Service Charge Report: The information needed has been received from the water purveyors. The report will be ready for the budget workshop next month.
    2. Geneva Laundromat: They will be invoiced for additional capacity once all the water data is received.
    3. SFPUC: Some questions regarding the old flow meter were posed and the Engineer has provided a response.
  3. District Counsel – consideration of matters relating to:
    1. Attorney Faught suggested that the District may want to consider securing crime insurance which includes computer fraud coverage. She gave an example of how someone hacked into a district system and transferred funds out of the district’s account. Meyers-Nave is recommending this coverage to their clients. Since the District does not conduct any banking via the internet the coverage is not necessary.
  4. District Clerk – consideration of matters relating to:
    1. November consolidated election – Candidate Policy Form: The information requested by the County Clerk covers the usual policy decisions requested from the District for each election. The Clerk will complete and submit the form. The Board was provided with the schedule regarding the timeline for candidates.

Old Business:


New Business:

  1. Set June Budget Workshop
    1. The workshop will be held prior to the June 25th regular meeting. The workshop will begin at 3:30 P.M.
  2. Resolution supporting SB 586 (Leland Yee)
    No action taken.
  3. FY 2008-09 auditing service
    1. Vavrinek, Trine, Day & Co. called recently to set up a potential date to begin the audit and indicated they would be sending a letter of engagement. The letter has not been received.
    2. The District received a request from Fechter & Co. to be put on our audit bidder list and also to be provided a copy of the FY 07-08 audit. They were advised that preliminary discussion of the audit would take place at this meeting. Subsequent to that email, Fechter & Co. submitted a three year proposal. There was discussion among the Board and staff. It was the consensus of the Board that the Clerk arrange a meeting with Mr. Fechter, President Gallagher, herself and possibly one other Director.
  4. Call for nominations for CSDA Board of Directors
    1. Each Director was provided with the packet of information provided by CSDA.
  5. Proposition 1A borrowing
    1. The District Board has received various communications regarding the proposals to borrow tax revenue from local government. Last year there was also a threat of taxes being borrowed from special districts and the Board discussed the possibility of transferring its tax revenue to other local agencies. Counsel explained the process for taking that action and read the names of the entities eligible for such a transfer; it excluded school districts. There was further discussion of the State’s shortfall, the likelihood that they may borrow 100% of the taxes received by enterprise districts and the consensus was to take no action at this time. Counsel recommended that during the budget process the District budget 0 revenue from property tax.
  6. Reports on other matters; no action will be taken
    1. The Clerk advised that the Secretary-Treasurer recently initiated a transfer from the checking account to LAIF in order to earn a higher rate of interest. First National Bank offered to increase the interest rate to 2%. Since that rate is competitive with the LAIF rate, the transfer was cancelled.

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 8:46 P.M. and ended at 8:50 P.M. No reportable action was taken.


A motion was made by Director Swanbeck, seconded by Rizzi and passed to adjourn the meeting at 8:50 P.M. The next meeting is June 25, 2009 and begins at 3:30 with the Budget Workshop.

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