1991-02-12
. MINUTES OF CARDIFF SANITATION DISTRICT REGULAR MEETING, FEBRUARY
12, 1991, 4:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
1. CALL TO ORDER/ROLL CAT.T.
Chairman Davis called the meeting to order at 6:00 P.M.
Present: Chairman Davis, Board Members, Hano, Omsted, Slater,
Wiegand.
Also District Manager Shafer, Assistant District Manager
Present: Benson, Deputy Board Clerk Cervone, Utilities Planner
Henie, . Management Analyst Schillinger, Senior Office
Specialist Greene.
There being a quorum present, the meeting was in order.
2 . PLEDGE OF ALLEGIANCE
CLOSED SESSION
District Manager Shafer informed the Board an item had arisen
wi thin the last 72 hours that needed action before the next
District Board meeting.
omsted moved, Davis seconded to add an item to the agenda and
(~ recess into Closed Session under the authority of Government Code
~ section 54956.9(b). Xotion carried: Ayes: Davis, Hano, Omsted,
Slater, Wiegand. Nays: None. .
A. Closed Session 'to Discuss Potential Litigation Pursuant to
Government Code Section 54956.9(b) to Discuss the ProDosed
Aareement with Escondido in the Context of the Threats of
Litiaation from Both People for a Clean Ocean and the city of
Escondido.
The Board reconvened into open session at 6:18 P.M. and Chairman
Davis stated there was nothing to report.
3. ORAL COMMUNICATIONS
None.
4. CLOSING AND ADOPTION OF CONSENT CALENDAR
Hano moved, Slater seconded to close and adopt the consent
calendar. Motion carried. Ayes: Davis, Hano, omsted, Slater,
Wiegand; Nays: None.
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A. Approval of Minutes: Reaular Meetina 01/08/91. Special Joint
Meetina 01/09/91. and Special Meeting 1/30/91.
S'1'AFF RECOKKBNDA'1'ION: Approve minutes.
B. Approval of February 12. 1991 Warrants List.
S'1'AFF RECO.IDŒNDA'1'ION: Approve warrants list.
C. Mid-Year Financial Plan Report and Adoption of Resolution
91-13.
S'1'AFF RECOJDIBNDA'1'ION: Receive and accept mid-year report and
adopt Resolution 91-13 implementing the revised Financial
Plan.
D. Adoption of Resolution 91-l2 Appointinu Firm of Krauel and
Krauel as District Counsel.
S'1'AFF RECOKKBNDA'1'ION: Adopt Resolution 91-12,.
5. NEW BUSINESS
8 A. Petition of Bertha Cole to Defer bv Covenant a Portion of
Annexation Fees Re~ired to Annex 3.9 Acres Located at 2518
El Camino Del Norte. Olivenhain.
S'1'AFF RECOKKBNDA'1'ION: Reaffirm District p01icy or provide new
direction to staff.
utilities Planner Henie said Staff had received a request from
Bertha Cole to defer by covenant a portion of annexation fees
required to annex her property. The Board had approved the
annexation on January 8, 1991, subject to payment of all
appropriate annexation fees in accordance with District
regulations.
Although a home currently existed on the property, the parcel could
conceivably be subdivided into six additional E.D.U.'s based on
current zoning. District Ordinance 87-09 required that properties
annexing to the District shall pay annexation fees for each
Equivalent Dwelling unit which.could be constructed on the property
in conformity with existing zoning regulations. Mr. Henie said
Mrs. Cole requested to defer by covenant those six potential
E.D.U.'s until future development on the property might occur.
Mr. Henie said to date, staff was unable to find any provisions
under the current ordinance permitting the deferral of annexation
8 fees. He said should the Board choose to modify the current
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ordinance to allow for such deferral of annexation fees,
a
precedent would be established allowing for future deferrals of
those annexation fees.
Bertha Cole told the Board there were no plans to develop or sell
the property in question at this time, and said it would be a
hardship to pay the extra annexation fees. She said she felt it
was unfair to charge the extra fees until the property was sold or
developed.
Wiegand moved, Hano seconded in support of t:be pet:it:ioner's request
and to refer the mat:t:er back to st:aff for appropriate action.
Kotion carried. 'Ayes: Davis, Hano, omsted, Slater, Wiegand:
Nays: None.
B. Petition of Georae Santamaria For a Connection Aareement with
Cardiff Sanitation District to Provide Public Sewer Service
to 722 Edelweiss Lane. Olivenbain.
STAFF RECOHKEHDA'1'ION: Reaffirm current District policy and
deny request for connection agreement.
utilities Planner Henie told the Board policy had allowed temporary
connection agreements with parcels outside the District's boundary
. when either the current underground sewage disposal system was
failing or severe financial hardship would occur to the applicant
by waiting the normal 8-10 month annexation processing period. He
said prior to discharging effluent into the public system, the
applicant must pay in advance all connection fees, sewer service
charges and commence proceeding to annex the property to the
District.
Mr. Henie said the petitioner was planning an addition to his
existing home which would require that he either totally rejuvenate
his present underground sewage disposal system or connect to the
public sewer system. The petitioner desired to be connected to the
District's facilities but felt the 8-10 month annexation process
would delay his plans to move forward with the proposed project.
Mr. Henie said based on the petitioner's circumstances, the request
did not fall within typical connection agreement parameters. If
allowed, less restrictive use of a connection agreement would
create a precedent of allowing easier access to sewers for
properties outside the District which, in turn, would add to the
number of applicants requesting connection agreements. To the
District it would equate increased staff costs to process and track
a greater number of agreements to ensure that annexation is
completed.
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He said staff met with the petitioner and determined a mutually
agreeable route to connect his home to the public sewer system and
were prepared to process the petitioner's annexation in a timely
manner.
George Santamaria told the Board he felt his case was unusual and
requested the Board approve the connection agreement.
wieqand moved, omsted seconded to accept staff recommendation to
reaffirm current District policy and deny request for connection
agreement. Motion carried. Ayes: Davis, Hano, omsted, Slater,
Wiegand; Hays: None.
C. Appointment of Joint Powers Authoritv (JPA) Representative.
S'1'AFF RECO.IDŒNDA'1'IOB: Authori.e Board Kamber Slater to serve
as the JPA representative until approval of the Outfall
Agreement with the city of Bscondido.
omsted moved, Hano seconded to accept staff recommendation
authorizing Board Member Slater to serve as the JPA representative
until approval of the Outfall Agreement with the city of Bscondido.
Motion carried. Ayes: Davis, Hano, omsted, Slater, Wiegand; Hays:
. None.
6. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. BOARD/DISTRICT MANAGER REPORTS
District Manager Shafer told the Board that the meeting regarding
consideration of the Escondido outfall line would be held on
Thursday, February 14, 1991.
8. ADJOURNMENT
Chairman Davis adjourned the meeting at 6:40 P.M.
d~
E. Jan Pool, Board Clerk
By: Kathy Greene
Senior Office Specialist
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