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Bayshore Sanitary District


Regular Meeting of September 24, 2009 (see the Agenda)

Opening of Meeting:

The meeting was called to order by President Gallagher at 7:03 P.M.

Roll Call:

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

Oral and Written Communications:

  1. Communications from members of the public
  2. Communications from members of the District Board and Staff
    Counsel Bakker said we need to add an item to the Agenda on an emergency basis. The item pertains to the oil in the Tunnel Avenue line. The Board may add to the Agenda on an emergency item if the need came to our attention after posting of the Agenda. In this case we learned of this item on September 23rd. A motion was made by Director Quinteros to amend the Agenda to add this emergency item. The motion was seconded by Director Rizzi and passed by voice vote.
  3. Acknowledgment of recent correspondence to the District
    Copies of correspondence were provided in meeting packets. The Clerk reported that the District has received notification from County Clerk-Assessor Slocum that due to property reassessments, the District can expect a reduction in property tax revenue. The Engineer advised that the SFPUC has undergone an audit by the EPA. One thing that the SFPUC has not been doing as required is to request that all outside jurisdictions provide a list of non-domestic users annually including the category of usage. This has not been provided in the past but will be submitted after verification by Kennedy/Jenks.

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 August 27, 2009
  2. Payment authorization for bills and compensation
  3. Accept 8/31/09 monthly report on District’s current financial status
  4. Accept August, 2009 checking account statement reconciliation

    A motion was made by Director Swanbeck, seconded by Director Quinteros and unanimously passed by voice vote to approve the Consent items which include payment by check numbers 4853-4870.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    1. LAFCO: The meeting was September 16th. There was an annexation of property in the Devonshire Canyon to the City of San Carlos. There was also an adjustment made to the budget since there was a surplus from the prior fiscal year.
    2. CSDA: The next meeting is in October.
  2. City of Daly City:
    1. Director Rizzi said that residents have been complaining about large buses going up the hills of Rio Verde and Schwerin. Apparently the Cow Palace has been renting space to buses which are used for transporting employees to various work sites.

      There is a meeting on September 26th sponsored by Daly City to discuss development in the Bayshore area.

      There has been no update from Fergus O’Sullivan regarding the El Rancho property.
  3. City of Brisbane:
    1. The Baylands is having a series of presentations, the last of which is regarding environmental and biodiversity issues. There will be a presentation on the history of the Baylands in the Brisbane shopping center on September 29th from 6-8 P.M.

Staff Reports:

  1. Maintenance Director – consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory.
      • In regard to the service request at 960 Schwerin Street, this is a recurring problem due to root growth caused by eucalyptus trees. There is root growth/intrusion near the mainline connection. The line was televised and was found to be structurally sound.
      • There was a service request at 57 Accacia Street which needs further investigation.
      • The Brisbane Fire Department conducted the annual inspection.
      • The 18” line outside the wetwell was televised; there was a large depression that needed to be investigated. The depression is due to settlement.
      • Also televised the line on Bayshore which comes into the Carlyle Station. There is an infiltration problem due to cracks; this should be added to the next Capital project.
  2. District Engineer – consideration of matters relating to:
    1. 2665 Geneva Avenue: No report.
    2. Brisbane Landfill: The Engineer and Maintenance Director checked the meter. It seems to be consistently discharging about 10 gallons per day.
    3. SFPUC Rebate Calculations: Will be deferred to Closed Session.
    4. Tunnel Avenue: The Engineer and Maintenance Director met yesterday with Louis Harrison and Bruce Sealy from the SFPUC. They are with the Environmental Compliance Section and are experienced staffers who have been around for some time. They are familiar with the District and were with the City 30 years ago when they actually conducted independent testing of the accuracy of the District’s flowmeter.

      They were shown the video inspection tape of the Tunnel Avenue line. They were advised that once the oil/sludge was discovered, the cleaning and video inspection was halted.

      Staff checked all the manholes and found a black substance in the channels. There are also some globs of tar-like substance toward the bottom of the channel. The water was flowing on top of the substance and was, for the most part, pretty clear. There was no oily sheen where the line enters the San Francisco system. All of this was explained to the SFPUC representatives. They had no complaint with the way the District handled this but said that the material needs to be removed expeditiously. They will provide some staff to sample each of the manholes to determine the characteristics of the water flowing through. They also want to take samples of the material and conduct an inspection at the Kinder Morgan facility to see if there is evidence of similar matter. They were advised that the District would like staff present when inspections and sampling is done. They have had success in locating the responsible party who would be liable to provide or cover the cost of remedial action. Their goal would be to remove 95% of the material; the remaining 5% could be jet flushed. Counsel said that since the cleanup must be done quickly, the Engineer needs Board authority to have the necessary work done or the Board could convene a Special Meeting. Counsel would also like the Board to delegate authority to the Engineer and Maintenance Director to act as the enforcement officer for the District. The SFPUC said they have approved vendors who can undertake this type of remedial action. A motion was made by Director Swanbeck authorizing the Engineer as primary enforcement officer and the Maintenance Director as backup, to oversee this project and to have cleanup work done at a cost not to exceed $50,000. The motion was seconded by Director Quinteros and unanimously passed by voice vote.
  3. District Counsel – consideration of matters relating to:
    1. Saddleback sewer service charges: Saddleback sewer service charges: There is nothing to report since we have not heard back from the City & County of San Francisco. The Clerk reported that the annual sewer service charge billings for FY 09-10 have been issued. The four delinquencies were added to the new billings. The Maintenance Director suggested that we think about having the City take over the billing for these properties.
  4. District Clerk – consideration of matters relating to:
    No report.

Old Business:

  1. FY 2008-09 Audit: The Audit will be issued when Fechter & Company receives the management representation letter from the District. President Gallagher said that the capital assets listing has not been updated since fiscal year 2003-04; it has been expensed. She suggested that we capitalize the amounts on a balance sheet as a reminder for the auditor to take note, ask for more accounting and not expense the costs.

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

    Conference with Legal Counsel – Anticipated Litigation
    Initiation of litigation pursuant to Subdivision [c] of Section 54956.9

    The Closed Session began at 7:55 P.M. and ended at 9:19 P.M. No reportable action was taken during the Closed Session.


A motion was made by Director Swanbeck, seconded by Quinteros and passed to adjourn the meeting at 9:19 P.M. The next meeting is October 22, 2009.

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