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1987-05-20 . MINUTES OF REGULAR MEETING OF CARDIFF SANITATION DISTRICT BOARD OF DIRECTORS, MAY 20, 1987, 4:00 P.M., 535 ENCINITAS BLVD., SUITE 100 8 1. CALL TO ORDER/ROLL CALL Board chairman Shea called the meeting to order at 5:00 P.M. Present: Chairman Richard Shea, Board Members Marjorie Gaines, Greg Luke, Anne omsted, Gerald Steel Absent: None Also Board Manager Shafer, Board Attorney Roger Krauel, Present: Interim City Engineer Hoffland, Interim Administrative Assistant Boltjes There being a quorum present, the meeting was in order. 2. ORAL COMMUNICATIONS Board Member Gaines reported that at her request staff had computed figures on the number of potential EDUs in the district. Figures in the agenda packet of March 4, 1987 had projected 5712 EDUs to be annexed and served. The Staff's computation and checking of maps as to land use area and district area as opposed to the total area of the San Elijo Plant had discovered that the figure which had been used as the acreage figure for CSD also included all of Solana Beach, a good part of Rancho Santa Fe and a portion of 8 Leucadia county Water District. The projected number of EDUs in the actual area is closer to the figure remaining in capacity. Although Staff had not had time nor expertise to do the study in the needed detail, they felt a consultant was needed to actually compute the figure. - She said if the figure is in fact close to remaining capacity, it would make a big difference in the amount of expansion and in the fee. Gaines moved, omsted seconded, to add to the aqenda whether or not to hi rea consultant to do the exact calculations needed to determine what the need for capacity is within the district. The information was generated and received since the postinq of the aqenda. Member Gaines stated that one of the agenda items for today I s meeting was consideration of adopting a fee based upon expansion, based upon calculations which appeared to be incorrect. Motion carried. Ayes: Gaines, Luke, omsted, Shea, steel: Nays: None. This matter was added to the agenda as Item 6.C. steel moved, Luke seconded to amend the agenda to add Item 6.D. entitled, "Claim Aqainst Solana Beach sanitation District Reqardinq the San Blijo service Area and the Meterinq Problem", based upon pursuit of a claim as directed by the Board and the fact that the meetinq occurred this day, after the aqenda was posted, which bad produced the need to commence litiqation to resolve the claim. Motion carried. Ayes: Gaines, Luke, Omsted, Shea, steel: Nays: 8 None. 5/20/87, Pg. 1 Mtg.NO.K1-ID Bk.--1---Page ,e¡ ----"i ~ . ..~ -.~.. ~.~-_. CSD Mins. 5/20/87 * Board Member steel reminded Staff that he was anxiously awaiting creation of a Reclamation Committee to study reclamation options. . with concurrence of the Board, Chairman Shea moved Item 6.C. to precede Item 4. A. c 3. CLOSING AND ADOPTION OF CONSENT CALENDAR Item 3. B. was removed from the Consent Calendar. Luke moved, omsted seconded to clo.e and adopt the consent Calendar. Motion carried. Ayes: Gaines, Luke, omsted, Shea, steel; Bays: Hone. The approved Consent Calendar Item was: A. Aporoval of Minutes: May 6. 1987 Reaular Meetina. 3 .B. Adootion of Ordinance 87-07 Reaardina pavment of Annexation Fees. After a question from Member Steel about section 3, which was answered to his satisfaction, Ordinance 87-07 was read by title. Gaines moved, omsted seconded, to adopt ordinance 87-07. Hotion carried. Ayes: Gaine., Luke, omsted, Shea, Steel; Hays: Hone. 6. NEW BUSINESS . C. Prooosal to Hire Consultant to Calculate Caoacity Needs. * Gaines moved, Shea seconded to hire a consultant with engineering, financial and planning capability to provide information to determine what future capacity needs are. She said the motion was made because of high probability that figures upon which calculations had been based are incorrect and in order to set fees accurately and determine amount of plant expansion needed. Board Manager Shafer stated that most of the planning data could be developed in-house and that perhaps the new Public Works Director would be able to do some of the engineering calculations. council indicated the information being sought was a practical question for the Environmental Impact Report which had been authorized - how many EDUs to be connected. They asked that it be obtained within a month. Hotion carried. Ayes: Gaines, Luke, omsted, Shea, Steel; Hays: Hone. 4. PUBLIC HEARINGS A. co:;t~ued from ~ay 6. 1987 - Adootion of Ordinance 87-06 Incre a conneçt1on Fee and Annexation Use Fee. Steel moved, Luke seconded to reintroduce Ordinance 87-06 amended to the lower connection fee of $2692. 8 5/20/87, Pg. 2 Mtg.NO.i1-ID Bk. I Page /,1' -- CSD Mins. 5/20/87 Betty Knutson of the Cardiff Chamber of Co1Qlerce asked if there would be some exemptions, on a case by case basis, for some people 8 who could not meet the July 8 deadline. CUring Council discussion there general feeling expressed was a that precise, reliable data was needed. Motion failed. Ayes: Luke, steel: Nays: Gaines, ossted, Shea. if Omsted moved, Gaines seconded that this matter be sent back to staff for reanalysis and they be directed to bring the information back as soon as possible. Motion carried. Ayes: Gaines, ossted, Shea, steel: Nays: Luke. B. Introduction of Ordinance 87-08 Increasina Annual Sewer Charae. Interim city Engineer Hoffland explained the data used to figure the proposed annual sewer charge of $228 per year. The public hearing was opened. Betty Knutson, of the Cardiff Chamber of Commerce stated they thought the proposed figure was high and that if the reserves were not low a lesser figure would have been used. She stated it was difficult to determine the correct fees before correct figures were obtained. Member Gaines asked if there was support on the Board to have as an . agenda item at the next meeting consideration of hiring a consultant to do further work on the finances and operation of the District. Board Manager Shafer stated Staff would not be ready to make that presentation at the next meeting. The Public Works Director will arrive the first full week in June and as soon as he arrives he will get together with Encinitas,sanitary District and then be prepared to advise the Board on that item. No one else wished to be heard and the hearing was closed. Ordinance 87-08 was read by title. Omsted moved, Luke seconded to vaive further reading. Motion carried. Ayes: Gaines, Luke, ossted, Shea, steel: Nays: None. ossted moved, 'Gaines seconded to introduce ord. 87-08 noting that there vas a typo in the title and in Subsection 4.04.010 vhich should correctly read "charge" instead of "change". Motion carried. Ayes: Gaines, Luke, omsted, Shea, steel: Nays: None. 5. UNFINISHED BUSINESS A. Further Consideration of Budaet. Interim City Engineer Hoffland briefly discussed the proposed budget for 1987-88 which was included in the agenda packet. Due to the lateness of the hour this item was forwarded to the next 8 agenda. 5/20/87, Pg. 3 Mtg . No.Y7-/tJ Bk. I Page /,1 ~ , - " . ' , CSD Mins. 5/20/87 6. NEW BUSINESS 8 A. Adootion of Resolution 87-23 AOol~on for Annexation. Michael Mahan. Òmsted moved, Luke seconded to adopt Resolution 87-23. Motion carried. Ayes: Gaines, Luke, omsted, Shea, steel: Nays: None. B. Review of Initial Joint Powers Aareement. In answer to a question from Member Gaines, Board Manager Shafer stated that the Joint Powers Authority would be a separate legal entity with authority and power separate from the' two sanitation district boards. They would have the ability to make decisions within the framework of the joint powers document and generally would not take questions back to their boards before voting. They could not make decisions such as the size of a plant, annual sewer charges, etc. They have responsibility to manage the assets of the Joint Powers Authority. They would not have authority to make decisions as to expansion, but could make recommendations to the boards. Member Gaines asked questions about specific sections of the agreement and those which were not answered at this time, Staff was directed to research and provide the answers. Gaines moved, .,omsted seconded to approve the agreement in concept with the provisions that the questions she asked be answered to the Board's satisfaction. . Betty Knutson, of the Cardiff Chamber of Commerce, said members of the Chamber and the Town council had asked that some sort of workshop on this agreement be held which they could sit in on. Board Manager Shafer stated he would work with them to arrange the information session~ ' Motion carried: Ayes: Gaines, Luke, o.sted, Shea, ste.l: Nays: None. 7. STAFF REPORTS A. Status Reoort: caoacity Letters and Waste Discharae. Permits Issued and Remainina. The report was included in the agenda packet. Member Ste~l stated the data showed that as prudent policy maybe the Board should think about reserving capacity of 280 gallons per EDU since April data shows a flow of 243 gallons per EDU. If so, there are only 113,000 gallons left to commit for 404 new connections. He suggested the matter go on the next agenda for a policy decision whether to reserve 280 gallons per EDU. Board Manager Shafer stated it was related to questions discussed earlier and all the information .. would be brought back together. 6.D C~~t~ A9a~ft Solana Beach sani't;at~on District Re: San 8 0 Se ce Area and the Meter1na Problem. 5/20/87, Pg. 4 Mtg.No. t¡1-/() Bk. J page--'-L ....J """"i'. '",","<'.""'- ' "CO~ CSD Mins. 5/20/87 steel .oved, Luke .econded to rece.. into clo.ed .e..ion under Goveraaent code section 54956.9.C. to con.ider initiating a claim 8 ba.ed upon 1) being asked to give up capacity rights for the San Blijo Kill. .ervice area and 2) the .etering problems that have been incurred. Al.o, in clo.ed .e..ion under the authority to receive information protected by the Attorney/Client privilege. Motion carried: Aye.-Gaine., Luke, OJuted, Shea, steel: Nay.-None. The meeting was recessed into closed session at 6:55 P.M. 8. ADJOURNMENT Chairman Shea declared the meeting adjourned at 7:15 P.M. ~ 4. Richard P. Shea, Chairman E. J ¡~ -- 8 5/20/87, Pg. 5 Mtg .No. f1-/() Bk. I Page lis-' "'