1990-07-10
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. MINUTES OF CARDIFF SANITATION DISTRICT REGULAR MEETING JULY 10,
1990, 4:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
ÇALL TO ORDER / ROLL CALL
1.
Board Chairman Gaines called the meeting to order at 4:01 P.M.
Present: Chairman Marjorie Gaines, Board Members Gail Hano,
Richard Shea, Pamela Slater.
Absent: Board Member Omsted.
Also District Manaqer Shafer, Board Counsel Krauel, Board
Present: Clerk Pool, District Enqineer Auqust, city Engineer
Warren, utilities Planner Henie, Senior Office specialist
Greene.
There_beinq a quorum present, the meetinq was in order.
2. 'PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS (15 MINUTES)
None.
4. CLOSING AND ADOPTION OF CONSENT CALENDAR
. A. ApDroval of Minutes: June 12. 1990.
B. ADDroval of Julv 10. 1990. Warrants List.
C. ~~oDt~on of Resolution 90-32. ADDlication for Annexation to
e ardiff Sanitation District of 6.4 Acres Located
Ã;;~roxi;atelv 600 Feet Northwest of the Intersection of 10th
st eet and Rancho Santa Fe Road - Venture Pacific Devel09ment.
Bano moved, Shea seconded to close and adopt the Consent Calendar.
Motion carried. Ayes: Gaines, Bano, Shea, slater; Hays: None.
Absent: Omsted.
5. UNFINISHED BUSINESS
A. consi~eration of Alternatives to Amend District Ordinance 89-
~~:f vidinq for a Reimbursement Connection Fee Payable to
t .ck O'Connor for Public Sewer ImDrovements (PC 1814) on
Sheffield Drive.
utilities Planner Henie qave the Staff report explaining that in
January of 1986, Patrick 0' Connor extended a public sewer main
approximately 370' in Sheffield Avenue to serve his present home.
After construction, Mr. O'Connor received approval from the County
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. 07/10/90 CSD Meeting
to form a reimbursement district and recover a portion of costs
incurred in extending the public facilities.
In January of 1989, Staff received material related to Mr.
O'Connor's request as part of District's transfer from county to
City control. A reimbursement aqreement was approved by the Board
on March 7, 1989, usinq a boundary map drawn by County staff.
Mr. Henie said Mr. O'Connor contends there was an error by County
staff in drawinq boundary lines for this reimbursement area and
that one additional parcel was inadvertently left out. The parcel
Mr. O'Connor was referrinq to was Assessor parcel Number 260-304-
17.
Mr. Henie said that at the June 12, 1990 District meetinq, the
Board- directed Staff to determine if one lot was inadvertently
excluded from the reimbursement aqreement and if so, provide
alternatives to compensate Mr. O'Connor for the oversiqht. Mr.
Henie explained that Staff had been unable to find out from the
County if the parcel had been inadvertently excluded from the
aqreement. He said due to Staff's familiarity with County policies
concerninq reimbursement Districts, some conclusions could be
assumed as to why these reimbursement boundaries were drawn.
' . Mr. Henie said that accordinq to the aqreement,
Mr. O'Connor was
entitled to a maximum of eiqht equivalent dwellinq reimbursements
of $1,900 each ($15,200 total). Since that one parcel within the
drawn boundaries had the potential of beinq divided, it appeared
that County staff included the parcel as two EDU's. He said it was
Staff's opinion that the oriqinal boundaries were drawn correctly
and provided the potential for Mr. O'Connor to recover the maximum
dollar amount allotted per the aqreement.
Mr. O'Connor asked the Board to reimburse him $1900, for the
parcel that he felt was left out of the reimbursement agreement.
Board discussion did not resolve the matter and it was suggested
by Board Counsel Krauel, and the Board concurred, that Mr. O'Connor
could file a claim with the District requestinq reimbursement.
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fÌ 07/10/90 CSD Meeting
B. ~c~::::~e~: :;ic Sewer Easement and ADDroval of Security
G - f ~ ImDrovements lTM-4400-Barratt\. Lone Jack
~~:d=~ ~:e Hill Lane and. Consideration of Reauest for
de ti to AcQUire a Sewer Main Easement at the Southeast
c~r;;er of Rancho Santa Fe Road and Lone Hill Lane.
City Enqineer Warren qave the Staff report and said approval for
Tentative Map 4400 required the subdivider, Barratt American,
Incorporated, to extend a public sewer main approximately 4,600
feet off-site of their proposed development alonq Lone Jack Road
and that it be constructed in conformance with District standards
and offered for dedication to the District. He said a covenant had
been executed by the subdivider to ensure the proposed sewer
improvements be constructed, installed and inspected in accordance
with District standards for public sewer mains.
Mr. Warren said Barratt had requested that the Cardiff Sanitation
District approve Barratt's covenant for deferred sewer improvements
and also that the District proceed to condemn the offsite public
sewer easement which Barratt had been unable to secure throuqh
neqotiations with the current property owners.
Mr. Warren qave four alternatives for the Board's consideration:
. 1. Accept public sewer easement and approve security aqreement
for sewer improvements (TM-4400) in Lone Jack Road and Lone
Hill Lane.
2. Grant the applicant's request to initiate condemnation
proceedinqs for the needed easement and direct staff to pursue
the necessary actions.
3. continue this item until such time as either District receives
all necessary public easements to construct the proposed
public sewer main.
4. continue this item until District receives and approves
appropriate easement neqotiation documentation allowing
District to exercise its power of Eminent Domain to acquire
the remaininq easement needed.
Michael Rust, representinq Barratt American, asked the Board for
approval of their covenant and their onsi te easement. He said
Barratt has an aqreement with the current property owners stating
that Barratt would be doinq property improvements to include paved
street frontaqe, sewer and water connections, landscape and pond
improvements that could possibly reach $100,000. He said the
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Ii 07 /~Ol?"~ CSD Meetinq
" current property owners had been paid $7500 for a wall and Barratt
had also paid the current owners $6700 for water service. He said
he felt that Barratt had qiven the owners more than what was
promised in the aqreement but had been unable to qet the owners to
accept the dollar amounts to qrant Barratt the easement.
Wendy Shih, one of the property owners, told the Board she thouqht
Barratt had not acted inqood faith reqardinq their aqreement.
Barry E. Rothenberq, the other property owner, told the Board he
felt they had barqained in qood faith with Barratt and said Barratt
was in breach of the contract they had siqned. He said the
improvements Barratt made to the property benefitted Barratt, not
the property owners.
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Charles Marvin III, representinq the property owners, requested the
Board adopt alternatives 3 and 4 as stated in the Staff report.
Ginqer Perkins told the Board she felt the project should not go
throuqh at this time.
Slater moved, Shea seconded to adopt alternatives 3 and 4 of Staff
recolIIJD8ndations. !lotion carried. Ayes: Gaines, Bano, Shea,
. Slater; Nays: none. A])sent: OJasted.
6. ITEMS REMOVED FROM THE CONSENT CALENDAR BY BOARD MEMBERS
None.
7. BOARD/DISTRICT MANAGER REPORTS
District Enqineer Auqust told the Board that construction at the
JPA is qoinq well.
8. ADJOURNMENT
Board Chairman Gaines declared the meeting adjourned at 5:20 P.M.
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E. ane 001, Board Clerk
By: K hy Greene
Senior Office Specialist
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