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Bayshore Sanitary District

Minutes

Regular Meeting of October 22, 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, Tonna
Absent: Swanbeck (excused)
Staff: Clerk Landi, District Counsel Bakker, Maintenance Director Landi

Oral and Written Communications:

  1. Communications from members of the public
    None
  2. Communications from members of the District Board and Staff
    None
  3. Acknowledgment of recent correspondence to the District
    Copies were provided to the Board in their monthly meeting packet.

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 September 24, 2009
  2. Payment authorization for bills and compensation
  3. Accept 9/30/09 monthly report on District’s current financial status
  4. Accept September, 2009 checking account statement reconciliation

    A motion was made by Director Quinteros seconded by Director Rizzi and unanimously passed by voice vote to approve the Consent items which include payment by check numbers 4871-4885.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    1. LAFCO: The meeting was October 21st. The main item was adoption of the Municipal Service Review (MSR) for the City of East Palo Alto. The review was approved and the sphere of influence was reaffirmed. To date 31 MSRs have been completed with 29 yet to be done. The reviews are done in geographical clusters which include cities and districts. The District will likely be in the last cluster since they are working in a northerly direction.
    2. CSDA: The Chapter will meet on October 27th at the Sam Trans Building in San Carlos. The President mentioned that Sam Trans now requires that the Association go through their real estate department to request use of the facility and that the Association must have liability insurance.
  2. City of Daly City:
    1. President Gallagher reported on the workshop sponsored by Daly City which focused on what services residents are willing to have reduced in light of the current financial constraints.
      One item in the Daly City Housing Element submitted to the State was a requirement that a property owner must secure a permit to sell their property and also that various upgrades would have to be made prior to a sale. Approximately 300 people attended the City Council meeting; most opposed the permit requirement. The City has decided to delete that item from the Housing Element.
  3. City of Brisbane:
    1. There was a CAG meeting which featured a talk about arsenic. Some Brisbane residents are contemplating a high school in the Baylands. The CAG will contact various authorities to see if there is an area that would be safe for a high school. UPC has been conducting meetings. The subject of next one is urban design and density. It has been reported that high speed rail would like to place a servicing station in the Brisbane rail yard.

Staff Reports:

  1. Maintenance Director – consideration of matters relating to:
    1. Monthly report on District operations and maintenance: The monthly report is self explanatory.
      • There were recently two rain storms. The first on October 13th resulted in 3.15” of rain in 24 hours. It rained 1.25” in a 2½ hour period. The total flow for the day was 943,000 gallons vs. an average of 270,000. On October 19th there was a sudden, heavy down pour which triggered a high wetwell alarm. All four pumps had to run to keep up with the flow for at least a half hour. The Maintenance Director still believes that there is something hooked into the system. Even though we have conducted various testing and studies which did not pinpoint a source, this needs further investigation.
      • The District received a letter from Brisbane regarding a broken manhole cover on Main Street. One has been found in storage at the station and may fit.
      • Mr. Landi mentioned a letter received from CASA and 8 other agencies regarding the review and update of the SSO Reduction Program. The consortium of agencies recommendation is that the regulations not be updated when there are entities not yet in compliance with the current regulations. They must enforce the current regulations. The group of agencies also does not agree that entities should be required to report lateral overflows.
  2. District Engineer – consideration of matters relating to:
    1. 2665 Geneva Avenue: No report.
    2. Brisbane Landfill: No report.
    3. SFPUC Rebate Calculations: No report.
    4. Tunnel Avenue: San Francisco did sampling at about 8 manholes and it was negative for petroleum. They believe it is just an accumulation of sludge and is not hazardous waste. Some samples have high concentrations of particular metals which exceed San Francisco’s limits. The Maintenance Director wonders if the manhole with the metals is the manhole being used by Universal Paragon Corp. for their leachate discharge. That discharge is permitted by the City and the District. Counsel and the Maintenance Director also question why the line can’t simply be flushed since there are no petroleum products present vs. hiring a firm to perform cleaning and disposal. It is curious that there was no metal detected further down the line. San Francisco also inspected Kinder Morgan and found everything in order.

      After further discussion it was decided that we will request copies of the sampling from San Francisco. We need more information before we can proceed. Counsel’s recommendation is that we talk to San Francisco and explain that for various reasons we should be able to just flush the line.
    5. Martin Service Center Industrial Discharge permit: An inquiry was received recently regarding the term of the current permit. The calling party was advised to call the SFPUC.
  3. District Counsel – consideration of matters relating to:
    1. Saddleback sewer service charges: No report.
    2. Consideration of participating in the Proposition 1A Securitization Program and Consideration of Adopting “A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents With Respect to the Sale of the Bayshore Sanitary District’s Proposition 1A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith.”

      Counsel reported that most agencies in the State are considering participating in this program. We registered and were provided a packet of documents. The State is going to borrow 8% of the property tax this year based on what was received in FY 08-09. This program allows you to receive a sum equal to the borrowed property tax in exchange for your right to receive interest on the withheld amount. Counsel thinks it is a simple transaction. Per the 1A Securitization website, the State will borrow approximately $6,500 from the District. If the Board elects to participate in the securitization program, a sum equal to the withheld taxes would be paid in two installments. The President said the bottom line is that we can participate in the 1A Securitization program and invest the funds or we can wait until 2013 and receive the withheld amount plus 2% interest. After further discussion, a motion was made by Director Quinteros to adopt Resolution No. 09-05, A Resolution Approving the Form of and Authorizing the Execution and Delivery or a Purchase and Sale Agreement and Related Documents With Respect to the Sale of the Seller’s Proposition 1A Receivable From the State; and Directing and Authorizing Certain Other Actions in Connection Therewith. The motion was seconded by Director Rizzi and unanimously approved by voice vote.
  4. District Clerk – consideration of matters relating to:
    No report.

Old Business:

  1. FY 2008-09 Audit: The audit was reviewed. The President compared it to the prior year audit and everything seems to be in order. She reiterated that we must make sure that capital items are not expensed as has been done in recent years. A motion was made by Director Tonna, seconded by Director Quinteros and passed unanimously by voice vote to accept the final audit prepared by Fechter & Company, CPAs.

New Business:

  1. 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

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

    The Closed Session began at 8:05 P.M. and ended at 8:12 P.M. No reportable action was taken during the Closed Session.

Adjournment:

A motion was made by Director Tonna, seconded by Rizzi and passed to adjourn the meeting at 8:13 P.M. The next meeting is November 19, 2009.

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