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Sept 11, 2019 Minutes

Published 2019-12-03 09:56:16

1902 – Serving Our Community for over 110 Years – 2019
WEST BAY SANITARY DISTRICT
MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD
WEDNESDAY, SEPTEMBER 11, 2019 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: Dehn, Otte, Walker, Moritz
BOARD MEMBERS ABSENT: Thiele-Sardiña
STAFF MEMBERS PRESENT: Scott, Condotti, Ramirez
Others Present: Colleen Costine – HF&H
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 Lee (30 Holden Court, Portola Valley)
Motion to Open Hearing by: Moritz 2nd by: Walker Vote: AYE: 4 NAY: 0 Abstain: 0
Comments: None
Motion to Close Hearing by: Moritz 2nd by: Walker Vote: AYE: 4 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 Lee (30 Holden Ct, Portola Valley)
Motion to Approve by: Moritz 2nd by: Walker Vote: AYE: 4 NAY: 0 Abstain: 0
Comments: None
5. Discussion/Workshop on the Solid Waste/Recycling Collection Draft Rate Study for the
Year 2020
Comments: Colleen Costine of HF&H presented the draft rate study which included alignment
of rates to cost of service, rate scenarios and revenue projections and a rate comparison. Of
the three rate scenarios presented, the Board consensus was to move forward with scenario
#3 with a change to the 20 gallon cart to increase 10.25% from $39.00 to $43.00 and the 32
gallon cart to increase 4.09% from $49.00 to $51.00.
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6. District Manager’s Report
1) CIP Project:
a. Belle Haven III: CIP construction began July 23. 98% complete.
b. FERRF Metal Storage Building Update: Modified design to accommodate for soils
report and flood vents. Submitted to City for the third time. Still working with the City to
find out why the delay in issuing a permit. City of Menlo Park has decided this project
now must go before the City Planning Commission. The new plan is to include a wet
well within the building. DM Scott will bring the item for Board consideration at a future
meeting.
c. Bid for Cleaning/TVing Large Diameter lines: Issued a call for bids for cleaning and
televising our large diameter sewer mains. Bid opening October 2.
2) Affiliate Agency/Association News:
a. Facebook ORTP: A draft provisional Discharge permit has been written for Facebook
for their Onsite Reuse Treatment Plant. Facebook is installing metering vaults etc., as
required by the District before the testing of the facility.
b. EPA: WOTUS exceeds federal authority under CWA, US district judge says
US District Judge Lisa Godbey Wood ruled in favor of 10 states that challenged the
Obama-era Waters of the United States rule, saying in her decision that the rule
overstepped the boundaries of the Clean Water Act. The ruling remands WOTUS to the
Environmental Protection Agency and US Army Corps of Engineers to consider the
scope of the 2015 rule and the definition of the waterways it seeks to protect.
3) Upcoming Events:
a. Board meetings: Sept 25, and October 9.
b. Solid Waste Rate Study: Looking to establish a Solid Waste 218 public hearing date
on Oct 9 for Dec 11, 2019.
c. Golden Acorn Awards: The District and SHGCC will receive a Golden Acorn Award
on Sept. 19.
4) Misc./Action Items from Previous Meeting:
a. SSOs: Zero SSO for August. 2019 Total = 4.
b. MOU: District Staff and IEDA met with the Union to discuss Alternate Staffing program
per the MOU.
c. Sewer Service Charges Rate Study: HF&H will begin rate study and a rate workshop
is planned for January.
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7. Consent Calendar
Motion to Approve by: Moritz 2nd by: Walker Vote: AYE: 4 NAY: 0 Abstain: 0
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Comments: Consent Calendar approved with correction on the minutes on item 11.
A. Approval of Minutes for Regular meeting August 14, 2019
B. Approval of the Withdrawal Order Authorizing Payment of Certain Bills
and Salaries and Consideration of Other Financial Matters for September 11,
2019
C. WBSD Operations and Maintenance Report – August 2019
D. Town of Los Altos Hills Operations and Maintenance Report for Work Performed by
WBSD – August 2019
E. Consider to Ratify and Approve Report on District’s Investment Portfolio Including the
Transactions of Assets Described Therein as of 8/30/19
F. Consideration of Accepting Sewer Facilities Constructed Pursuant to Class 3 Sewer Permit
No. 085 for Sewer Extension Required for the Development Project at 105,125,135&155
Constitution Dr, Menlo Park, CA (Project known as Menlo Gateway Phase II)
G. Consideration of Resolution Consenting to Annexation of Territory to the West Bay Sanitary
District by the San Mateo County Local Agency Formation Commission – 30 Holden Ct,
Portola Valley (079-092-150), Lands of Lee
H. Consider Resolution Authorizing the President and Secretary to Enter into Agreement
Creating Covenants Running With the Land for 30 Holden Ct, Portola Valley
I. Consideration of Authorizing the District Manager to Issue Class 3 Sewer Permit No. 1102
for the Construction of Wastewater Facilities for 40 Sioux Way, Portola Valley, California
8. Consider Approving Performance Merit Pay Program for FY2019-20
Motion to Approve by: Moritz 2nd by: Walker Vote: AYE: 4 NAY: 0 Abstain: 0:
Comments: DM Scott presented the proposed program to the Board with one change from
the previous year to lower the line cleaning goal from 190 miles to 170 miles to exclude pipes
that have been replaced and are now new. The maximum payout is $145,000 or maximum
per each full-time employee of $5000 based on % of goals achieved.
9. Consideration to Approve the Resolution Establishing the Personnel Policies – to Reflect
Results of Labor Negotiations
Motion to Approve by: Walker 2nd by: Moritz Vote: AYE: 4 NAY: 0 Abstain: 0
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Comments: DM Scott stated these changes are needed due to the concluded Labor
Negotiations with the Local 350, and that changes needed are in the PERS contribution levels,
the IRC Section 125 Cafeteria Plan, and the Matching Deferred Compensation levels.
10. Consider Reimbursement for the remainder of deposit to David D. Bohannon Organization
– Menlo Gateway Phase 2, Groundwater Discharge
Motion to Approve by: Otte 2nd by: Walker Vote: AYE: 4 NAY: 0 Abstain: 0
Comments: DM Scott reported that this item is a return of deposit fees paid for the Menlo
Gateway Phase 2 project to discharge groundwater during construction.
11. Consider Approval to Donate to the Bay Area Deputy Sheriff’s Charitable Foundation for
Disadvantaged Children of Bay Area Cities
Motion to Approve by: 2nd by: Vote: AYE: NAY: Abstain
Comments: DM Scott reported that DC Condotti has advised that donations by the District of
this nature are not permissible.
12. Discussion and Direction on Recycled Water Projects – Sharon Heights & Bayfront,
Including Project Status
Comments: DM Scott presented time lapse video and drone aerial video of construction of
the project to the Board. The District is currently working with Caltrans on conditions of
encroachment permit. Construction of influent pump station and forcemain continue. A
reimburse of $1.6M has been received from the State.
13. Report & Discussion on South Bayside Waste Management Authority (SBWMA)
Comments: President Dehn presented a list of 3 recycling buy back locations within San
Mateo County.
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14. Report, Discussion & Direction on Silicon Valley Clean Water (SVCW) and Discussion on
SVCW CIP Program and Financing and Discussion on Distribution of Proceeds of Sale of
Residence
Comments: None.
15. Closed Session
A. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Cal. Govt. Code §54957.6)Agency designated representatives: District
Manager, Legal Counsel, IEDA;
Employee Organization: Exempt Employees, Unrepresented Employees, & Teamsters Local
350
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
Entered closed session at 8:40 p.m. Left closed session at 9:21 p.m.
Reportable action: No Reportable Action.
16. Consideration of Resolution Authorizing the President and Secretary of the District
Board to Enter into Employment Agreement Between the West Bay Sanitary District And
Phil Scott (District Manager)
Motion to Approve by: 2nd by: Vote: AYE: NAY: Abstain
Comments: This item was tabled to the next Board meeting.
17. Comments or Reports from Members of the District Board and Consider Items to be
Placed on Future Agenda
Comments: DM Scott will present item on new metal storage building project at future
meeting.
18. Adjournment Time: The meeting was adjourned at 9:23 PM
Secretary
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