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1986-12-03 -) MINUTES OF REGULAR MEETING OF CARDIFF SANITATION DISTRICT BOARD OF DIRECTORS, DECEMBER 3, 1986, 4:53 P.M. 1. Call to Order/Roll Call -- - Board Chairman Shea called the meeting to order at 4:53 P.M. Present: Chairman Shea (until 6:02 P.M.), Board Members Gaines (until 6:48 P.M.), Luke, Omsted, Steel Absent: None Also Present: Interim City Manager Nares, City Clerk Pool, City Attorney Roger Krauel, Interim City Engineer Hoffland There being a quorum present, the meeting was in order. Shea 8Oved, Gaines seconded, to recess into closed session under 5496.9C based upon the proposed eighth ameDdaent to the basic agreement and the possibility of an action for declaratory relief. Motion carried with Gaines, Luke aDd Shea voting aye, Omsted and Steel voting no. The meeting was recessed at 4:55 P.M. and reconvened at 6:02 P.M. 8)" Chairman Shea was excused from the meeting at ,6:02 P.M. and Vice Cha,irman Steel assumed the Chair. Gaines 8OVed, Omsted seconded, carried by unani80us vote of the four remaining members that the Board establish as policy: 1) That the Board does not feel legally obligated to transfer capacity rights as proposed by the proposed eighth amendment to the basic agreement; 2) That the Board will continue in its efforts to develop information regarding capacity; 3) That the Board will explore every avenue to develop capacity and resolve the problem. Steel IDDved, Omsted seconded, to direct the Board's Special Counsel to speak with Solana Beach's Counsel to come up with a reimbursement agreement for Cardiff Sanitation District to keep the capacity and transfer the units to Solana Beach. Motion carried by unani8>us vote of the four remaining members. Informal Reports Consulting Engineer Matt Tebbetts gave a status report on placement of additional flow meters and data accumulation directed by the Board at its last meeting. He stated he hoped to have conclusions from the additional data by the next Board meeting, but that it was a thirty-day process because of the complications of setting temporary meters. 8) Interim City Engineer Hoffland said the contract had been let for grouting, and the Olivenhain line was top priority, with completion of the work anticipated in ninety days. Dec. 3, 1986, Page 1 Mtg. No SI-'lBk --L-Page ). c¡, Card. San. Dist. Min., 12/3/86 8' 2. Oral Communication James Stetser stated that what was needed was gallons, not EDUs, and he thought the Board was working on that. . Skip Workman stated he needed sewer hook-ups for three single family homes to existing sewer laterals off Lone Jack Road. John Cover gave an update on the Olivehhain Sewer Joint Venture. He stated they were documenting health problems and surfacing effluents and sewer back-ups in the area. He said a number of residences would be red tagged after the sewer main issue was resolved. Further, that they planned to present documentation to the Board. Stephen Brendle explained the problem he had with retaining and restraining walls with two private residences which were a third of the way completed and were being held up by the moratorium. Interim City Engineer Hoffland said in a similar case where the applicant was not interested in connecting to the sewer imediately, he was allowed to continue with the work by signing a covenant that the work would not ripen into a building permit, but it was a matter of saving the structure. Mr. Brendle was directed to call Interim Planning Director Weedman for a similar permit. Doug Frantzen stated he was there as part owner with Mr. Brendle. 8' Kate DuVivier suggested that, in developing the priority matrix, applicants for any type of development be able to prove they had sewer commitments. GaiDes 8Dved, Luke seconded, that the City Manager investigate the possibl1ty. of re-rating the San Elijo Plant aDd that he be given authority ,to contract for the work in order to expedite it. Motion carried by unani80us vote of the four remaining members. By consensus of the Board, Staff was directed to determine how many wastewater discharge permits have been issued and suspended because they did not have a building permit. 3. Consent Calendar None 4. Board Business A. Policy on Reimbursement Agreements. Staff had presented a proposed policy for Reimbursement Agreements in situations meeting four conditions. GaiDes 8Oved to re8Dve the coDdition requiring at least five future connections to the sewer main be identified. Motion failed for laokof second. 8; Kate DuVivier read and presented a written statement asking for approval of a twenty-year reimbursement agreement for their development. ¡ Dec. 3, 1986, Page 2 Mtg. No S/,-8BkÍ-.Page ~ Card. San. Dist. 'Min., 12/3/86 " 8\ Luke 8YeeI, Omated HOODdeei to adopt the policy reool8eDeled by Staft except eliminating Coadition 11-requ1ringidentiticat1on of at le..e five future CODDeCtions aDd ooDdit1on 13-requ1ring a 5J administrative fee. Motion C81"J"ied with Gaines, Luke, Omated voting aye, Steel voting no. The proposed resolution adopting the policy was to be amended to reflect the changes and brought back to the next meeting. B. Hearing on Ordinance 57-Connection Fee for MoCassey. Mayor Gaines left the meeting at 6:48 P.M. Omated IDV eel, Luke seooadeel to read by title aDd wai ve furtber reading of Ordinanae 86-57, to provide far ooDDeCtion fees for Margie MoCassey, &meDeleei to reflect the policy just adopted (Item 4.1) elim1Dating the 5J administrative fee. Motion C81"J"ied by unanillOus vote of the three rema1Ding Board members. Ordinance 86-57 was read by title. Omstecl lDVed, Luke secoDdeei to introduce Ordinuoe 86-57. Motion oarrieel by unanimous vote of the three remaining members. 8J C. Hearing on Ordinance 86-58-Conneotion Fee for DuVivier. Luke 8OVeeI, Om8ted secoaded that Ordin8D08 86-58, to provide fees for DuVivier CO8p8ny be read by, title aDd f'urtber reading waiveel. Motion C81"J"ied by unanillOus vote of the three remaiaing members. Luke IDV eel, Omsted seooaded to introduce OrdiJaaDce 86-58, ameDeleei to reflect the policy of eliminating 5J admini8trative fee. Motion carried by unanimous vote ot the three remaining members. D. Approval of Modification to tal-Trans Lease for Ol1venhain Pump Station. Luke lDVed, Omsted aeooDded to adopt Resolution 86-06 approving the amendment of a Le..e Agreement with tal-Trans for the OlivehDa1D pump station storage poDel. Motion oarried by unanimous vote of three remaining Board Members. Staff was directed to report back with information as to how much additional property would be needed to put in a wet well as opposed to a storage pump and the difference in cost for the two options. ..1 E. Proposed Policy Statement Regarding Annexation Staff had presented and recommended a letter of standard response Deo. 3, 1986, Page 3 Mtg.No~~Bk-1--Page~~ , ~ Card. San. Dist. Min., 12/3/86 8'\ to proposed annexations setting forth three criteria. The Board asked that the letter be clarified to indicate anyone (not all three) of the criteria must be met. Steel IIOved. Omstee! seconded to adopt the policy aDd the staad..d letter. Motion carried by unani80us vote of the three remaining members. 6. Community Announcements/Presentations Board Member Luke announced that the public should know that by law the expansion at Mira Costa College would not have to pay sewer capacity fees, just user fees. City Attorney Krauel recoømended calling State Legislators to urge adoption of laws requiring all users of sewer systems to pay capacity fees. Vice Chairman Steel announced a workshop December 4, 1986, at 5:00 P.M. regarding expansion and upgrade of the Cardiff Plant. 7. Adjournment Vice Chairman -- Steel declared the meet ing adjourned at 7: 02 P. M. 8\ ~ " 'Z'. p~ Rick Shea, Chairman Clerk , ," 8 Dec. 3, 1986, Page 4 Mtg.NoJr -rBk--L-Page~1 - ~~" .....