Aug 18, 2021 Minutes
Published 2021-09-29 08:41:41
1902 – Serving Our Community for over 115 Years – 2021
WEST BAY SANITARY DISTRICT
MINUTES OF THE SPECIAL MEETING OF THE DISTRICT BOARD
WEDNESDAY, AUGUST 18, 2021 AT 7:00 P.M.
1. Call to Order
President Dehn called the meeting to order at 7:00 PM
Roll Call
BOARD MEMBERS PRESENT: President Dehn, Treasurer Thiele-
Sardiña, Director Moritz (Secretary Pro Tem),
Director Otte
BOARD MEMBERS ABSENT: Secretary Walker
STAFF MEMBERS PRESENT: Ramirez, Condotti by Zoom
Others Present: Teresa Herrera & Matt Anderson – Silicon Valley Clean
Water (SVCW), Lawrence Chan – Stradling Law, Robert
Porr & Lora Carpenter – Fieldman Rolapp.
2. Communications from the Public: None.
3. Consent Calendar
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Action:: Amended motion to approve the minutes of July 28, 2021 as corrected.
A. Approval of Minutes for Regular meeting July 28, 2021 amended
B. Approval of the Financial Activity Report Authorizing Payment of Certain Bills and
Salaries and Consideration of Other Financial Matters thru July 31, 2021
C. WBSD Operations and Maintenance Report – July 2021
D. Town of Los Altos Hills Operations and Maintenance Report for Work Performed by
WBSD – July 2021
E. Town of Woodside Operations and Maintenance Report for Work Performed by
WBSD – July 2021
F. Bank of the West Monthly Investment Portfolio Statements
G. Consider Resolution Consenting to Annexation of Territory to the West Bay Sanitary
District by the San Mateo County Local Agency Formation Commission – 130
Shawnee Pass, Portola Valley (077-033-030), Lands of Mckelvy
H. Consideration of a Resolution of Intention to Annex Certain Territory (130 Shawnee
Pass) to the West Bay Sanitary District On-Site Wastewater Disposal Zone and to
Establish the Date and Time of Public Hearing
Motion to Approve by: Moritz 2nd by: Thiele-Sardiña Vote: AYE: 4 NAY: 0 Abstain: 0
4. Consider Approving and Authorizing 2021A and 2021B Wastewater Revenue Notes
and two Water Infrastructure Finance and Innovation Act Loans by Approving and
Authoring Appendix C in Connection with Issuance and Sale of SVCW 2021
Wastewater Revenue Notes, Approving an Amendment to the Financial Agreement,
and Approving the Continuing Disclosure Certificate in Connection with the 2021
Notes
Motion to Approve by: Otte 2nd by: Thiele-Sardiña Vote: AYE: 4 NAY: 0 Abstain: 0
Comments: Teresa Herrera with SVCW presented a summary on the SVCW funding. Matt
Anderson with SVCW presented a detailed summary on SVCW debt. The Board approved
as stated on agenda item 4.
5. Discussion and Direction on the 2022 Solid Waste Rate Study Analysis
Discussion and Direction: District Manager Ramirez gave a presentation on solid waste
rates. The Board’s consensus was not to perform a new rate study for 2022 and instead use
existing data from the 2020 rate study to set new rates. The Board decided to move forward
and set a public hearing for solid waste rates for the 2022 calendar year at the next Board
meeting.
6. District Manager’s Report
Discussion: District Manager Ramirez reported that the District did not experience an SSO
in July. He also reported that LAFCo has begun the Municipal Services Review process with
the City of East Palo Alto, West Bay Sanitary District, and the East Palo Alto Sanitary
District. He stated that the Capital Improvement Project on Ringwood Road is close to
completion. He updated the Board that San Mateo County informed the District they do not
have time to work on the Solid Waste Franchise divestiture due to their level of work
involved with Senate Bill1383. The complete District Manager’s written report is in the
August 18, 2021 agenda packet
7. Consider Adoption of Resolution Approving the Audited (Internally) & Updated Sewer
System Management Plan (SSMP) and Authorizing Re-Certification of the 2021
S.S.M.P.
Motion to Approve by: Moritz 2nd by: Thiele-Sardiña Vote: AYE: 4 NAY: 0 Abstain: 0
Comments: District Manager Ramirez presented the audited and updated Sewer System
Management Plan to the Board for consideration. The Board approved and authorized the
SSMP’s re-certification.
8. August 18th Update Report on District Response to Corona Virus
Discussion: District Manager Ramirez reported that an update on the COVID Response
Plan is nearly complete and he is contemplating making COVID-19 vaccines mandatory for
employees. Board direction was to meet and confer with the union regarding making
COVID-19 vaccines mandatory. President Dehn asked District Counsel Condotti to
determine the legal options regarding making vaccine booster shots mandatory.
9. Report and Discussion on Sharon Heights Recycled Water Plant
Discussion: District Manager Ramirez reported that in July the plant produced and delivered
9 million gallons of recycled water. He also reported that design for the Avy/Altschul Pump
Station is moving forward and he would like Board direction on if this should be a District
project or Sharon Heights Golf & Country Club project. The Board provided direction to
move forward with this project as a District Project in our existing infrastructure.
10. Discussion and Direction on Bayfront Recycled Water Project and Status Update
Discussion: District Manager Ramirez reported that the SRF application has been
submitted. He also reported that a virtual tour for the National Fish & Wildlife Foundation
grant was recently conducted. He also reported that developer meetings are on-going and
Signature Group (developer of Willow Village) has asked the District to prepare an equitable
memorandum of understanding (MOU) for recycled water. District Manager Ramirez
continued to report that after the Willow Village project MOU is signed, he would require a
deposit in the amount $200,000 to $300,000 in order to move forward with hiring a
consultant Project Manager. He also reported HF&H will be submitting an estimate for the
Bayfront Recycled Water Financial Plan as requested by the Board.
11. Report & Discussion on South Bayside Waste Management Authority (SBWMA)
Discussion: Nothing to report.
12. Report, Discussion & Direction on Silicon Valley Clean Water (SVCW) and Discussion on
SVCW CIP Program and Financing
Discussion: Director Otte reported that the Commission recently approved the WIFIA loans
and notes.
13. Closed Session
Entered closed session at 8:31 p.m. Left closed session at 9:19 p.m.
Reportable action: None.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CONF. WITH LABOR
NEGOTIATORS
Agency designated representatives: District Manager/Legal Counsel
Unrepresented & Exempt employees: Unrepresented Staff
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Cal. Govt. Code §54956.9(d))
Name of Case: 1740 Oak Avenue, LP v. West Bay Sanitary District, et al. – SMCSC
Case No. 18CIV02183
14. Comments or Reports from Members of the District Board and Consider Items to be
Placed on Future Agenda
Comments: None.
15. Adjournment Time: The meeting was adjourned at 9:20 PM
/s/ David A. Walker
Secretary