1987-03-04
8) MINUTES OF REGULAR MEETING OF CARDIFF SANITATION DISTRICT BOARD OF
DIRECTORS, MARCH 4, 1987, 4:00 P.M., 535 ENCINITAS BLVD., SUITE 100
1. CALL TO ORDER/ROLL CALL
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Board Qlairman Shea call ed the meeting to ord er at 4: 45 P. M.
Present: Chairman Richard Shea, Board Members Marjorie Gaines,
Greg Luke, Anne Qnsted
Ab sent: Board Member Ger ald steel
Al so Prèsen t : Distr ict Manager Shafer, Board Clerk. Pool, Board
Attorney Roger Krauel, Interim City Engineer Hoffland
There being a Quorum present, the meeting was in order.
2. ~ COMMUNICATIONS
Betty Knutson, representing the Cardiff Qlamber of Coømerce, asked
whether an area near Seaside Park shown on a map on display was
outside of the Cardiff Sanitation District. If . so, she wondered why
it and other areas shown on the map in brown or orange are not in the
district. The Interim City Engineer stated he would get information
to answer the Questions at the next meeting.
8} Board Member Outed asked that routine reports, previously asked for,
on the number of capacity letters and waste discharge permits received
be included on each agenda.
3. PRE-POSTED COMMUNICATIONS
None
4. CLOSING AND AOOPTION OF CONSENT CALENDAR
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Luke moved. QD steel 8OOMed , o....ied UD8D1ID0ual y that tile Con BeD t
CaleDdar be 0108 aDd adopted.
The Consent Calendar Item was:
A. Approval of minutes: 1/21/87 Regular meeting; 2/4/87 Regular
Meeting
5. PUBUC HEARINGS
None
6. UNFINISHED BUSINESS
A. Introduction .2f ()-d inance 87,:",01 Increasing Basic Sewer Connection
8; Fee
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Staff report was given by Dale Hoffland.
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3/4/87, Pg. 1 Mtg . No .fi-S: Bk I Page '17
Cardiff Sanitation District Min., 3,(4/87
8) The following people were heard:
Don Martin stated that his project had been delayed by the sewer
moratorium and asked whether consideration could be given to exempting
people in his situation from pa ying the higher fees.
Scott Engle horn , representing the J. L. Elder Corporation, stated he
was in support of Staff recoamendation to not charge plant expansion
costs to the annexation fees.
Max m1.llleyer, representing Olivenhain Joint Sewer Venture Group, asked
that the increased sewer connection fee be put in place at some future
date so as not to cause extreme financial hard ship for those people
who were caught by the moratori1.lll and therefore had not been able to
plan in advance for the increase.
Dan Peterka, one of the participants in the Olivenhain Joint Sewer
Venture Group, also asked for a delay in imposing the increased fee,
which would then give advance notice to new projects so they could
plan ac~ordingly.
Ed Grimes, rei>resen ting Grimesl Zalcowski annex ation , asked the Board
to consider not raising, at least as much as proposed, fees for those
projects which were caught in the sewer moratorium.
. Ray Chavez explained that he had paid a sewer capacity fee several
8i years ago and recently paid the fee again when there was an impending
- sewer moratorium and inquired as to his status when applying for a
building permit. Mr. Hoffland explained that the fees paid on the
sewer capacity commitment letter would apply to his connection fee but
his tot~l charge would be whatever the connection fee is at that time.
After Board discussion of the proposed fees, the Board agreed to
accept public coDlDent on:
~.§.:!:.. Introduction ~ ~dinance 87-04. Increasin, Annexation .y!!.
!!! at this time.
Scott Englehorn, representing J. L. Elder Corporation, stated that the
per acre annexation fee was unfair inasmuch as the lower densities
would be in effect subsidizing the higher densities. He stated a per
unit cost would be fairer.
Betty Knutson, representing the Cardiff Qlamber of CoDlDerce, stated
that new people created the demand and should pay the higher fees but
it seemed that a report on projects which had been in the pipeline at
the time of the moratorium would show there had not been very many and
that a change in autoff date could avoid penalizing those projeats.
She asked if that suggestion could be investigated.
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3,(4,(87, Pg. 2 Mtg. No .r7-S",Bk / Page 'I ¡,
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Cardiff Sanitation District Min., 3/4/87
8\ Max Bl1.lDeyer, of Olivenhain Joint Sewer Venture Group, suggested that,
since the General Obligation Bonds had been retired, annexation fees
paid now be paid into a fund and refunded on a prorated basis to
people who have already paid their annexation fees. He also suggested
another General Obl ig atio n Bond issue to finance an increase in
capacity.
Ed Grimes, representing Grimes/Zakowski Annexation, stated he had
already paid his annexation fees but had not been able to pay
connection fees because of the moratorium. He asked if he would have
to pay more annexation fees and was told that if his annexation was
complete he would not.
Dan Peterka, of the Olivenhain Joint Sewer Venture, asked why the
annexation fee was still needed since the General Obligation Bonds had
been retired. Board Director Shafer answered that it would be up to
the Board to decide how the mone y that would be rai sed by the
annexation fees would be used. ~e thing it could be used for would
be to offset the operating expense for the plant which would, in
effec t, be a credit back to the people in the district. The theor y
was that new people who had not previously paid those expenses should
reimburse the district for the facilities which they were buying into.
Mr. Pe ter ka also asked the status of the group as to annexation and Mr.
Hoffland stated he thought the annexation was still in process.
Gaines moved, Onsted seconded that the annexation fee be changed to
8} $830 per EDU rather than per acreage, based on the General Plan
designation for the land. Motion failed with Gaines voting aye, Luke,
Onsted and Shea voting no.
Qasted awed, Luke 8eDOIMIed to adopt tile coœept of $130 per EDU based
upon their current density. IIDt:lon carried with Luke, Qastecl &ad Sbea
votiDg aye, Gaines Yot1Dg DO.
Onsted movEd to adopt the connection fee for the 4.5 MGD plant
expansion. Motion failed for lack of second.
The Board discussed the possibility of finding a means to exclude from
payment of the new fees those projects which were held up by the
moratorium. Board Manager Shafer stated he would present options for
the Board's consideration at the next meeting. Also, recalculations
of the proposed annexation fees. Staff was directed to bring back
both Ordinance 87-01 and 87-04 for introduction at the next meeting.
7. ~ BUSINESS
A. Ado~tion ~ Resolution 87-08. Establishin~ Meetings on Third
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Monda ys .!1 .!:.QQ. !.:!!:.
At the Encinitas Fire District Meeting at 4: 00 this date the Board had
determined they did not wish to change meeting days for the two
e.} boards. No action was taken on the Resolution.
3/.4/87, Pg. 3 Mtg. No .f'-s-', Bk J Page 'IS-
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Cardiff Sanitation District Min., 3t4/87
8) 8. STAFF REPORTS
A. status Report!!!!. Upgrade ~ ~ El1jo Plant
Engineer Hoffland reported that negotiations were going on with Harris
Associates for preparation of an Environmental Impact Analysis and
Report for the San Elijo Plant upgrade. He expected their proposals
would be presented at the next meeting. Further, that requests for
Qualifications for the consultants for design of the upgrade were
being prepared for distribution to prospective consultants with
submittals expected by April 2.
B. Status Report ~ Matters Brought ]2. £l Card iff Olamber ~ Coømerce
Board Member Qnsted left the meeting at 6: 32 P. M.
Board Director Shafer answered Questions posed by the Cardiff Chamber
of CoIIIDerce at a previous meeting: 1. Yes, a transfer of the Sari
Elijo Hi!ls area is being negotiated. There appear to be a couple of
avenues being explored with the attorneys about doing that at the same
time as the Joint Powers Authority to clarify the matter so that
ever ything will be in one document. It was hoped that a report co uld be
brought to the Board by the end of March or early April. 2. Yes, the
Cardiff Sanitation District Board was protecting the district to the best of
-- its ability. Everything was being done according to law and was open to
the public for review and discussion. 3. Yes, Cardiff Sanitation District
is the lead agency. 4. He was working with ~. Huse, City Manager of Solana
Beach, on preparing a Request for Proposal for management services. It had
been discussed at Staff level and with the sub-committee and the feeling was
that rather than hiring one individual it would be better to contract with a
firm with a number of different experts in-house to help manage the plant
facility and the collection issues. 5. At this time there are no plans to
br in¡ processing to this area because of Staffing constraints and
limitations. The County is continuing the processing now but discussion had
been held with Solana Beach on how it would be dealt with in the long term.
6. Making arrangements to correct past inequities was related to question
number one. An attempt was being made to deal with everything so that when
there is a Joint Powers docllDent there is a clean slate and the agreement is
in one pl ace.
Betty Knutson of the Card iff Olamber explained question D\lDber seven. She
explained that in the past custaners had been charged for much more use at
the se wer district than the amount shown as used by the water d istr ict.
Dale Hoffland stated that individual commercial customers co uld request
investigation and adj us tmen t. Mrs. Knutson stated it was a general
discrepancy over time and included individual homes, not just commercial
customers. Mr. Hoffland stated that as soon as good data was available,
based on meters that had been double checked there would be a history of
flow and it would be possible to project back to when the inaccuracy started
and an attempt would be made to make corrections. There would have to be
8~'~ some type of transfer between sewer districts to make the correction.
3/4t87, Pg. 4 Mtg . No .f7 -.s: Bk I Page ytf
Cardiff Sanitation District Min., 31-4/87
8\ Mrs. Knutson asked, in reference to Question one, if the transfer is
being negotiated whether more information was needed from the O1amber.
If so, it would be provided.
9. ADJOURNMENT
Chairman Shea declared the meeting adjourned at 6:39 P.M.
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31-41-87, Pg. 5 Mtg. No .81-5', Bk I pageft