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1998-12-16 -- . . MINUTES OF CARDIFF SANITATION DISTRICT SP 'JAL MEETING DECEMBER 16,1998,6:00 PM, 505 SOUTH VUL 'AN AVENUE CALL TO ORDERIROLL CALL Chairperson Cameron called the meeting to order at 6:07 P.M. Present: Chairperson Sheila Cameron, Board Members James Christy Guerin, and Dennis Holz. Absent: None. Also Present: ond, Chuck DuVivier, Board Manager Wasserman, Board Attorney Krauel, A sistant Board Manager Benson, Board Clerk Cervone, Engineering Services Dir ctor Archibald, Public Works Director Nelson, Secretary Maluia. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE SPECIAL PRESENT A TIONS/PROCLAMA TIO~ Presentation of proclamation to SEJP A for Plant of the ear A ward. Chairperson Cameron presented a proclamation to the San Elijo Water Po lution Control Facility employees, in appreciation for their outstanding service in the performanc of their duties and for the awards they received this year fÌom the California Control Association, an Diego Section 1997 Small Plant of the Year, and the State of California Water Environmental ssociation Plant of the Year. CLOSING AND ADOPTION OF THE CONSENT CALEN AR * The title of ordinances listed on the Consent Calendar are deem d to have been read and further reading waived. ACTION: Board Bond moved, Guerin seconded to close and adopt the Consent Calend r. Motion carried. Ayes: Bond, Cameron, DuVivier, Guerin, Holz; Nays: None. Cl. A roval of Minutes: Clerk Cervone. 12/16/98 Sp. cSD Mtg. Page 1 Mtg. #98- J.J , Bk. #3, PageM . C4. . C5. C6. 12/16/98 Sp. cSD Mtg. STAFF RECOMMENDATION: Approve Minutes. C2. A roval of 12/16/98 Warrants List. Contact Person: Fin ncial Services Mana er Suelter. STAFF RECOMMENDATION: Approve Warrants ist. C3. STAFF RECOMMENDATION: Accept the sewer e ement into the Cardiff Sanitation District and authorize the Clerk of the Boar to sign the final map. Ado tion of Resolution 98-27 annexation to the Cardiff San tation District of 2.19 acres located at 1401 Akita Lane - Mr. Ga FiJi s Annexation Assessor's Parcel No. 264-101-37 . Contact Person: Mana ement Anal st Smith. STAFF RECOMMENDATION: Adopt Resolution 98-2 . Ado tion of Resolution 98-25 annexation to the Cardiff Sani ation District of 1.04 acres located at 442 444 and 446 Rancho Santa Fe Road - r. Paul C. Van SI ke Annexation Assessor's Parcel No. 265-331-1112 13. Contact erson: Mana ement Analvst Smith. STAFF RECOMMENDATION: Adopt Resolution 98-25 Ado tion of Resolution 98-28 annexation to the Cardiff Sanit tion District of 4.36 acres located a roximatel 380 feet east of the terminus of Lon Hill Estates Court - Mr. Ga Bukamier Annexation A Portion of Assessor's Pa cel No. 264-451-06 . Contact Person: Mana!!ement Analvst Smith. STAFF RECOMMENDATION: Adopt Resolution 98-28. ITEMS REMOVED FROM THE CONSENT CALE PUBLIC/BOARD None. AR BY THE ORAL COMMUNICATIONS . 12/16/98 Sp. CSD Mtg. - Page 2 Mtg. #98- ø< I , Bk. #3, Page ItJS . . . 12/16/98 Sp. CSD Mtg. None. REGULAR AGENDA C7. Re uest from Brad Thornbur h for an exce tion to Cardiff anitation District Code Section 18.16.050 to allow the construction of a rivate se er main to serve five ro erties on Bumann Road. Contact Person: En ine rin Services Director Archibald. Council Member Holz stated that due to public comment that a public s wer system be installed and administered by the Cardiff Sanitation District instead of a pri ate sewer system, the following agreement was reached by the Thornburgh's and the District p rsonnel. ACTION: Holz moved, Guerin seconded to approve the following Acquisition greement: 1) That an Acquisition Agreement be drafted and signed between he Cardiff Sanitation District and the Thornburgh's; 2) That the Agreement recognize certain prepaid prepared project related costs as of the date ofthe Agreement; (Corrected at 01-26-99 CSD Special Mtg.) 3) That the Agreement provide for the applicant to construct an 8" s wer main meeting an Cardiff Sanitation District's standards and upon completion of the ewer construction the Cardiff Sanitation District will acquire the project; 4) That the Agreement be prepared and executed no later than 12-22 98. If the Agreement is not executed by the Cardiff Sanitation District by 12-22-98 the Tho nburgh's would have the option, but not the obligation, to forego the agreement and s lect a private lateral option. Once the Agreement is signed, then the private lateral option ould be voided; 5) That the Cardiff Sanitation District staff review and approve an e penditures that were made in installing the sewer prior to acquiring the public sewer; 6) That the Cardiff Sanitation District proceed upon the signing f this agreement to obtain an necessary right-of-way acquisition for a public sewer; 7) That the City Attorney be directed to meet with the counsel of he Thornburgh's to prepare and conclude the Agreement before 12-23-98. Ginger Perkins addressed her concerns regarding gravity flow and private I terals. Donna Sease spoke in opposition to the agreement. Charles Marvin, representing the Thornburgh's, spoke in support to the pr posed agreement and stated that the agreement would bring public sewer to the Thornburgh's nei hborhood. Brad Thornburgh spoke in support of the proposed agreement. Council Member Holz stated that prior to the acquisition taking place th District staff would look at the costs. 12/16/98 Sp. cSD Mtg. Page 3 Mtg. #98- 1 , Bk. #3, Page~ - . . . 12/16/98 Sp. CSD Mtg. Council recessed into Closed Session at 6:47 P.M. under Government ode Section 54956.9b to be advised of the exposure to litigation the City could have resulfng from the transaction described. Council reconvened into open session at 7:05 P.M. Council Member Hoh amended tbe motion and DuVivier agreed t include Thornbnrgh's proportional cost to be 1/6 of the total project. Motion carried. Ay s: Cameron, DuVivier, Guerin, Holz; Nays: Bond. RE UESTS FOR FUTURE CONSIDERATION BY THE BOARD None. BOARD/DISTRICT MANAGER REPOlIT None. ADJOURNMENT Chairperson Cameron declared the meeting adjourned at 7:30 P.M. ,~~A ~ ~Á JA . Deborah Cervone, Board Clerk By:Sandra Maluia, Secretary 12/16/98 Sp. cSD Mtg. Page 4 Mtg. #98- , Bk. #3, PageJLL