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Bayshore Sanitary District


Regular Meeting of November 19, 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, Tonna
Absent: Swanbeck
Staff: Clerk Landi, District Counsel Bakker, Maintenance Director Landi and District Engineer Yeager

Oral and Written Communications:

  1. Communications from members of the public
  2. Communications from members of the District Board and Staff
    The Engineer reported that he received an email from Bruce Seale, SFPUC regarding a milky discharge occurring within the District boundaries. The call was referred to the Maintenance Director. It turned out that the City of Brisbane was aware of the problem and had traced the discharge back to a property in the industrial park on Valley Drive. This was not a District problem.
  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 October 22, 2009
  2. Payment authorization for bills and compensation
  3. Accept 10/31/09 monthly report on District’s current financial status
  4. Accept October, 2009 checking account statement reconciliation

    A motion was made by Director Quinteros, seconded by Director Tonna and unanimously passed by voice vote to approve the Consent items which include payment by check numbers 4886-4901.

Board Reports – consideration of matters relating to:

  1. Director Gallagher
    1. LAFCO: The November 18th meeting was cancelled.
    2. CSDA: The Chapter met and conducted a roundtable discussion of various topics of mutual interest. Future meetings will be held at the Sequoia Healthcare District facilities. The Chapter President Edrick Haggans was not reelected to the East Palo Alto Sanitary District Board so the Vice President will assume the position.

  2. City of Daly City:
    1. A member of the council attended a meeting of the seniors association. There were questions regarding the condominium project at the El Rancho market property. There have been rumors that the property is going into receivership. President Gallagher said she recently walked around the building. The interiors aren’t finished but the building is beautifully landscaped.
  3. City of Brisbane:
    1. President Gallagher attended the CAG meeting on Tuesday. A representative from the San Francisco Regional Quality Control Board was the speaker. There was discussion of the leachate and the public concern over the possibility of other sites where there is leachate. Steve Hansen is no longer with Universal Paragon; Jonathan Scharfman will be the Interim Manager. The President met with Mike Pacelli who advised that the State is considering taking about 100 acres of the Baylands site for a high speed rail repair facility. That would change the plans for the site. Mike Pacelli will arrange a meeting with the President and Daly City Manager Pat Martell. The residents of the Bayshore area need to be kept up-to-date on these plans since such a site would operate on a 24 hour basis.

Staff Reports:

  1. Maintenance Director – consideration of matters relating to: monthly report on District operations and maintenance. The monthly report is self explanatory and the station is operating well.
    1. The hours on the #2 pump are up so that needs to be monitored. The Engineer was briefed about the two heavy downpours which occurred during his absence. Mr. Landi explained that the alarms are set at a low level to allow personnel to get to the station to monitor/correct the situation.
    2. In regard to Tunnel Avenue, the 4” line from Kinder Morgan was reevaluated. The other Tunnel Avenue video inspections were conducted for purposes of a potential capital project. There were other miscellaneous video assessments conducted and about 3 lines should be considered for a future capital project.
    3. There was a service request at 150 Accacia Street. The curb sank and the cleanout pipe has dropped. There is a sag which will probably result in repeated service requests. The Maintenance Director recommends a new cleanout be installed and that the curb and gutter be replaced. The break in the cleanout probably washed out the soil causing the depression. Uniacke Construction has been asked to provide an estimate for this work. There was agreement that this break needs to be remedied as soon as possible.
  2. District Engineer – consideration of matters relating to:
    1. Brisbane Landfill (Geosyntec): This is soil remediation work. There have been discussions with the SFPUC in regard to figuring out where the heavy metals have come from. What we detected is actually sludge, not a petroleum based material. Section(s) of the line have mercury, lead and zinc. In response to our inquiry, the SFPUC advised that Geosyntec/Suntex will submit water quality sample results in early December. The metals are not coming from the Tank Farm; perhaps from the leachate discharge. If the trace metals are coming from the leachate line which is permitted by San Francisco, it would be San Francisco’s responsibility to deal with resolving this matter—perhaps pretreatment prior to the discharge going into the sewer. The metals are barely over the limits and the limits are very low. The Engineer will check out conducting our own sampling. The Board granted authority to the Engineer to have sampling done not to exceed $1,000.00.
    2. PG&E Industrial Discharge Permits: PG&E has inquired about a permit that may have expired. They have 3 existing permits and the permit for the truck washing facility expired this year. PG&E is in the process of reapplying for the permit. The dewatering permit expires in December, 2012 and the permanent ground water decontamination permit expires in June, 2010.
    3. Inventory of commercial accounts: When Staff met with the SFPUC they notified the District that per out contract, we need to update the list of commercial users. Kennedy Jenks has updated the list and will submit it to the SFPUC.
    4. Tunnel Avenue sewer update: This is an ongoing problem. We received two quotes for cleanup. NRC Environmental’s quote was $95,250 and CES’ quote was $25,100. However, both quotes include language for potential extras and there are a lot of restrictions associated with each of the quotes. The SFPUC was asked if we could pay a discharge permit penalty abatement fee but were advised that the problem must be remediated.

      Another question was how did San Francisco conduct the testing. Did they test all the material in the sample or just the liquid portion? The Engineer was advised that they did not filter, they tested the complete sample. Heavy metals were not found in all manholes, only the upper two.

      One contractor said they would jet clean the sewer, capture the material and haul it for disposal to East Bay MUD. This is very costly and frustrating for a small amount of material. Counsel said that the SFPUC treats the District like an industrial discharger. We are not discharging and he doesn’t think we should be held to those standards. There is no evidence that any of these discharges were illegal. The material may have just condensed over time and now violate the standards. What may be happening is when it enters the system it is below the limits but because of the low flow it remains in the bottom of the pipe and becomes concentrated. So the only non-compliance issue is what lies in the belly of the pipeline. The Maintenance Director pointed out that no one really knows the extent of the sludge. Based on the lab results, the entire line is not affected—perhaps only about 600 feet.

      The question is, when it enters San Francisco’s system does it violate the limits? If the discharge itself as it leaves the District is in compliance, then what jurisdiction does San Francisco have? If there is measurable metal in the leachate discharge from Suntex/Geosyntec they would be responsible for the remediation.

      Counsel believes we should have more discussion with the SFPUC considering the limited amount of metal and the excessive cost to the District. We are not an industrial discharger but if they continue to treat us as one, then the testing must be done at the point we discharge into their line. Contacting the SFPUC will be held in abatement until the District conducts its’ own testing. Staff will work out a testing program.
    5. SFPUC rebate: No report

  3. District Counsel – consideration of matters relating to:
    1. Saddleback sewer service charges: No report.
    2. Prop 1A Securitization Program – update: We successfully completed and submitted the paperwork. We will receive the payment in two installments.

  4. District Clerk – consideration of matters relating to:
    1. LAIF account/interest: The last quarter interest was at the rate of .9%. It may be time to explore other potential investment products that earn a higher rate of return. The Clerk will discuss further with District Counsel.

Old Business:


New Business:

  1. January 13-15, 2010 CASA Midyear Conference in Palm Desert. At this time no Director plans to attend.

  2. Reports on other matters; no action will be taken.
    The December meeting will begin at 6:00 P.M.

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 8:16 P.M. and ended at 8:40 P.M. No reportable action was taken during the Closed Session.


A motion was made by Director Quinteros, seconded by Director Tonna and passed to adjourn the meeting at 8:41 P.M. The next meeting is December 17, 2009.

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