Sep 22, 2021 Minutes
Published 2021-11-09 13:47:05
1902 – Serving Our Community for over 115 Years – 2021
WEST BAY SANITARY DISTRICT
MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD
WEDNESDAY, SEPTEMBER 22, 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, Secretary Walker, Treasurer Thiele-
Sardiña, Director Moritz, Director Otte
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Ramirez, Hulsmann, Fisher. Condotti by Zoom
Others Present: Jed Riddle – Menlo Country Club, Dave Richardson –
Woodard & Curran. Resident EJ Shalaby by Zoom
2. Communications from the Public: None.
3. Public Hearing – Annexing Certain Territory within the West Bay Sanitary District’s
On-Site Wastewater Disposal Zone – Lands of Oak Hills Ranch LLC (193 Meadow
Drive, Portola Valley)
Motion to Open Public Hearing by: Thiele-Sardiña 2nd by: Moritz Vote: AYE: 5 NAY: 0
Abstain: 0
Discussion/Comments: None.
Motion to Close Public Hearing by: Thiele-Sardiña 2nd by: Walker Vote: AYE: 5 NAY: 0
Abstain: 0
4. Consideration of Adopting Resolution Ordering Annexation of Certain Parcels in
the Territory of West Bay Sanitary District to the West Bay Sanitary District’s On-
Site Wastewater Disposal Zone Including Certain Determinations, Findings and
Declarations of the District Board – Lands of Oak Hills Ranch LLC (193
Meadowood Drive, Portola Valley)
Motion to Approve by: Walker 2nd by: Otte Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: None.
5. Consent Calendar
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Discussion/Comments: None.
A. Approval of Minutes for Regular meeting September 8, 2021
B. Consider Resolution Authorizing the President and Secretary to Enter into Agreement
Creating Covenants Running With the Land for 193 Meadowood Drive, Portola Valley
C. Consider Authorizing the District Manager to Consent to the Abandonment of Public
Utility Easement at 248 Oakhurst Place, Menlo Park
Motion to Approve by: Thiele-Sardiña 2nd by: Walker Vote: AYE: 5 NAY: 0 Abstain: 0
6. Consider Approving an Agreement with Menlo Country Club and a Resolution
Allowing the District Manager to Authorize an Application for a Grant from the State
Water Resources Control Board for a Water Recycling Planning Study in
Collaboration with Menlo Country Club
Motion to Approve by: Thiele-Sardiña 2nd by: Walker Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: District Manager Ramirez reported that on July 28, 2021, the Board
approved applying for a planning grant for the proposed Woodside Recycled Water Facility
Project in collaboration with Menlo Country Club (MCC) with the understanding that West
Bay Sanitary District (WBSD) would not be obligated to construct the recycled water facility.
District Manager Ramirez requested two actions:
1) Approve the Agreement between WBSD and MCC that arranges for WBSD to
participate as a public partner in the planning study.
2) Approve a resolution allowing the District Manager to authorize an application for a
fifty/fifty grant from the State Water Resources Control Board. The total cost of the
work outlined would be $300,000.
Secretary Walker stated he would like staff to track the deposit and provide a monthly
update in the District Manager’s Report.
7. Consider Authorizing District Manager to Submit a Clean Water State Revolving
Fund Application for the “Bayfront Recycled Water Facility Project” and Adopt the
Reimbursement and Authorizing Resolutions
Motion to Approve by: Moritz 2nd by: Thiele-Sardiña Vote: AYE: 5 NAY: 0 Abstain:0
Discussion/Comments: District Manager Ramirez reported that a Board resolution is
required to apply for the $66.6M SRF loan. He also reported that users of the recycled water
facility project would reimburse the District for the SRF loan payments.
8. District Manager’s Report
Discussion/Comments: District Manager Ramirez reported that the LAFCo’s Municipal
Services Review (MSR) is currently underway. He also reported the Capital Improvement
Project (CIP) is continuing in easement areas. He continued to report the auditors
performing the annual audit would be conducting interviews with selected staff. He also
reported that the Finance Advisory Committee would be meeting again in November or
December. The complete District Manager’s written report is in the September 22, 2021
agenda packet.
9. Discussion and Direction on Solid Waste Rates 2022 Proposition 218 Notice Mailer
Discussion/Comments: District Manager Ramirez presented the 2022 rate chart to the
Board for inclusion into the proposition 218 notice. He reported that part of the chart was
missing previously. He also reported that commercial customer 2022 rates would not be
increasing.
10. Consider to Approve the Financial Statements FY 2020-21, Fourth Quarter Ending
6/30/2021
Motion to Approve by: Moritz 2nd by: Walker Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: Finance Manager Fisher reported on the Financial Statements
Ending June 30, 2021.
11. Report by the Finance Advisory Committee
Discussion/Comments: Director Moritz reported that the Finance Advisory Committee
recently met with Bank of the West to receive an update on the District’s investments. He
also reported that the Committee and staff reviewed the Investment Policy and Resolution,
Debt Management Policy, and the new Capitalization Policy.
12. Consider Approving Investment Policy and Resolution
Motion to Approve by: Moritz 2nd by: Walker Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: None.
13. Consider Approving Debt Management Policy
Motion to Approve by: Dehn 2nd by: Moritz Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: None.
14. Consider Approving Capitalization Policy
Motion to Approve by: Walker 2nd by: Thiele-Sardiña Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: None.
15. Consider Approving Performance Merit Pay Program for FY2021-2022
Motion to Approve by: Thiele-Sardiña 2nd by: Moritz Vote: AYE: 5 NAY: 0 Abstain: 0
Discussion/Comments: Operations Superintendent, Bob Hulsmann, reported that new goals
were been added to the Performance Merit Pay Program. The first goal is a scanning goal
and the other is a Fats, Oils, and Grease Inspection goal. In addition to these new goals, the
Sanitary Sewer Overflows (SSOs) goals, for Category 1, 2, and 3, are combined into one
goal. The revised goal is to have less than four SSOs in one year, far less than the
statewide average of three per 100 miles of pipe. The Board asked to include Recycled
Water goals in next year’s program.
16. September 22th Update Report on District Response to Corona Virus
Discussion/Comments: District Manager Ramirez reported the District is working on
updating the COVID-19 Response Plan. He also reported he is working with legal counsel
and the Teamsters union on mandatory COVID-19 vaccinations.
17. Report and Discussion on Sharon Heights Recycled Water Plant
Discussion/Comments: District Manager Ramirez reported that staff is continuing to work on
the design for the proposed Avy Altschul Pump Station. Staff is working with the School
District and the City to identify a location for the proposed pump station. He also reported,
Sharon Heights Golf & Country Club (SHGCC) would like to formally request the District
support an SRF application for the proposed pump station. The Board asked if SHGCC
understood that by asking for SRF funding, it would delay the project. District Manager
Ramirez stated SHGCC understood there would be delays.
18. Discussion and Direction on Bayfront Recycled Water Project and Status Update
Discussion/Comments: District Manager Ramirez reported that the full SRF application is
due by September 30, 2021. He also reported HF&H is working on the financial plan and will
have the report to the Board in October. He continued to report that District Council Condotti
is concluding the Principles of an Agreement for the developers and early contributors to the
project. District Manager Ramirez continued to report the Board should consider a bridging
contract to bring on a Project Manager for the Bayfront project. The bridging contract would
allow the District not to front too much capital early on. He also explained, as soon as the
District has a developer agreement, the developers would provide a deposit to pay for a
portion of the Project Management Contract. Director Otte suggested this was a good
approach in order to continue with the project.
19. Report & Discussion on South Bayside Waste Management Authority (SBWMA)
Discussion/Comments: President Dehn reported that the J.P.A. board reviewed the
compensation study. She also reported that Recology requested reimbursement for COVID-
19 related expenses. The item will return for consideration at a future meeting.
20. Report, Discussion & Direction on Silicon Valley Clean Water (SVCW) and Discussion on
SVCW CIP Program and Financing
Discussion/Comments: None.
21. Closed Session
Entered closed session at 9:21 p.m. Left closed session at 9:39 p.m.
A. CONF. WITH LABOR NEGOTIATORS (Cal. Govt. Code § 54957.6)
Agency designated representatives: District Manager/Legal Counsel
Represented, Unrepresented & Exempt employees
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
Reportable action: None.
22. Comments or Reports from Members of the District Board and Consider Items to be
Placed on Future Agenda
Discussion/Comments: None.
23. Adjournment Time: The meeting adjourned at 9:40 PM
/s/ David A. Walker
Secretary