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1990-05-22 -~ ~.i . ., MINUTES OF REGULAR MEETING OF ENCINITAS SANITARY DISTRICT BOARD OF DIRECTORS, MAY 22,1990,4:00 p.m., 535 ENCINITAS BLVD., SUITE 100, ENCINITAS, CALIFORNIA 92024 1. CALL TO ORDER/ROLL CALL Board President Gaines called the meeting to order at 4:01 P.M. Present: President Gaines, Slater. Oms ted, Shea, Board Members Hano, Also: Present: District Manager Shafer, Assistant City Attorney Krauel, District Engineer August, Board Deputy Clerk Cervone, Management Analyst Schillinger, Senior Office Specialist Greene. There being a quorum present, the meeting was in order. 2. PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS (15 MINUTES) 3. B. smith said a notice was in the Coast Dispatch regarding the District's leasing park land to the City and a possible petition being circulated to that effect. He asked if the sub-committee had met wi th the ini tiati ve promoters and whether there were any conclusions. District Manager Shafer said it was his understanding that the initiative was being circulated by some citizens, and the City of Encini tas had not agreed to the terms and conditions of the proposal. Board Member Gaines suggested that Mr. smith request to put this item on the City Council agenda since it was a City item not an Encinitas Sanitary District item. Board Member Omsted requested that an item be added to the agenda under 5C. Shea moved, Gaines seconded to add to the agenda an issue that had arisen wi thin the last 72 hours re: Council direction for JAC members Gaines and Omsted. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. 4. CLOSING AND ADOPTION OF CONSENT CALENDAR A. Approval of Minutes: 4-24-90. B. Approval of 5-22-90 Warrants List. ESD Mins. OS/22/90 Mtg. No. 90-06 Bk. 1, page~ Page 1 8) ., --) ESD San. Dst. Mins. OS/22/90 Approval of Mailina a Letter to Congressional Reqardinq Proposed EPA Sludge Requlations. Omsted moved, Hano seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. C. Members Item 5B was taken next to accommodate several speakers in the audience interested in this item. 5. NEW BUSINESS B. Consideration of Request for District to Extend a Public Sewer Main in Seeman Drive. District Engineer August told the Board that residents on Seeman Drive were requesting assistance in installing a sewer lateral line from the existing main line on Encinitas Boulevard to serve all of Seeman Drive. Jack Kabota, District Consultant, provided some background regarding this project. Mr. Kabota told the Board that in 1970 some property owners had peti tioned the Board of Directors to consider putting in an Assessment District to serve the area. At that time there wasn't a sufficient majority of the property owners who were interested. In 1974 the property owners came before the Board again and once again there was not a sufficient majority of interested property owners. He said at that time, the District had a basic policy that any neighborhoods that wanted sewer service would have to form their own local Assessment District and provide sewers that each of the property owners would share. He said all the sewer mains in the District had been funded by local Assessment Districts or in some instances by development interests. Mr. August gave project: four options available to fund the proposed 1. An Assessment District proposed by property owners through petition. This option would require a minimum 60% owner approval on a petition generated by the District showing rough boundaries and estimated costs involved. 2. An Assessment District proposed by the District. This option would circumvent property owner support by petition until the public hearing stage (typically used when related to public safety). ESD Mins. OS/22/90 Mtg. No. 90-06 Bk. 1, page~ Page 2 8) . ~ ESD San. Dst. Mins. OS/22/90 3. One or more property owners to fund proj ect . This option could include a reimbursement agreement between participating property owners and District to ensure that all future parcels directly accessing the public sewer facilities would pay a "pro rata" share of construction costs. 4. District to construct improvements with public funds. The sanitary District could recoup some expenses through a reimbursement district. Property owners would pay "pro rata" share of public improvements at time of connection. Ann Clarke, representing Seeman Drive property owners, requested that the Board consider forming a District and allow sewers to be funded by the Sanitary District. George Gowland said he wanted sewers in Seeman Drive and asked the Board to approve Option 2 or 4. Omsted moved, Gaines seconded to approve option 1 for a creation of an Assessment District. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. 5. NEW BUSINESS A. Discussion of 1990/91 Financial Plan. 1. Review of Fiscal Year 1990-91 Financial Plan. District Manager Shafer gave the Staff report and asked the Board to review the Encinitas Sanitary District Fiscal Year 1990-91 Financial Plan and direct Staff to return with a resolution adopting the plan at the next meeting. B. smith asked if the $10,000 a month being spent for security at the Encinitas Sanitary District property could be looked at by the Board. He also asked why City Management Service figure was going up 20% and why City Administration Service cost was going up 40%. Regarding the Expenditure Plan, Mr. smith requested it show actual amounts for aal years, 88 through 90, rather than estimated amounts. District Engineer Augu~t said that actual figures were not available because the District was taken over in 88/89 and those were the first years that actuals were available. He said it would not be possible to go back and get the expenditures. He said next year 3 years of information would be available. Mr. August said the increase in ci ty Management Services was ESD Mins. OS/22/90 Page 3 Mtg. No. 90-06 Bk. 1, page~ e) . .) ESD San. Dst. Mins. OS/22/90 He said the reason for the increase in Administration Services was directly related to adding a staff member to assist Tom Henie in Public Works and upgrading an intern's position to a full time management assistant. Mr. August said the increase in services for security shows the amount of dollars to be spent for the entire year. However, that could come back before the Board at any time to ask for a reduction in services. He said staff would be evaluating the security needs in three months. Shea moved, Hano seconded to accept Staff recommendation, having reviewed the Encinitas sanitary District Fiscal Year 1990-91 Financial Plan, to return with a Resolution adopting the plan at the next meeting. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, slater; Nays: None. 2. Discussion of Annual Sewer Fee per Eauivalent Dwellinq unit (EDU) and Two Alternative Scenarios for Payinq for operational Increases. Shea moved, Hano seconded to accept staff recommendation to provide for no rate increase in fiscal year 1990/91. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, slater; Nays: None. 5. NEW BUSINESS c. Discussion of Encina JPA Proposal Reqarding Amendment to Basic Agreement providinq Interim unit I Ownerships Durinq Phase IV Construction. Board Member Omsted had asked and the Board had voted to add this item to the agenda. District Engineer August said that on Wednesday, May 23, 1990, at the Encina JAC meeting, there would be a proposal to reduce the District's interim ownership, thereby reducing the Encinitas Sanitary District's share of capacity. The proposal that was being put forth in dealing with the budget suggests that the District should be going to a method of paying for the plant operations based upon flow. Under the current mechanisms at Encina, the District would have to change ownership to accomplish that. ESD Mins. OS/22/90 Mtg. No. 90-06 Bk. 1, page~ Page 4 8) 8) 8_) ESD San. Dst. Mins. OS/22/90 This proposal would not compensate the District for any loss of capacity but the proposal would have a definite impact on ESD. It was suggested that the District go on record as not being in favor of the proposal and asking for alternatives to be explored as to how E.S.D. might go about sharing costs. He said the ownership should not be changed until the construction is completed. Board Member Omsted proposed to advise the JAC Board that this would seriously impact Encinitas Sanitary District and to direct Gaines and herself not to vote for it. Omsted moved, Shea seconded to instruct the JAC representatives to oppose the interim capacity arrangement at Encina and request that it go back for revisions that are acceptable to Encinitas sanitary District. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater¡ Nays: None. 6. UNFINISHED BUSINESS A. Consideration of Alternatives for Veqetation Manaqement on District Property Located at 40 Encinitas Boulevard. District Engineer August gave the Staff report and said the Coastal Commission was requiring additional expenditures of $3,000 to $5,000 for the biology report, $5,000 to $8,000 for the hydrology report and about a month to six weeks to accomplish. It was anticipated that once all approvals are received, it would cost in the range of $20,000 to $25,000 and about three months to get through the public bidding process and accomplish the work. It was noted that since the implementation of the security patrol, the thick brush in the drainage channel had not posed an enforcement problem. Board Member Gaines suggested going forward with this and said if devegetation was done, it would be easier to patrol and keep clean. Board Member Omsted agreed to go forward also and said if the clearing was done in an environmentally acceptable manner, maybe the burden of a security patrol wouldn't be necessary. Board Member Shea said it appeared that this had been more difficult to carry out than originally anticipated and appreciated the status report on this issue. He said he did not wholeheartedly support going ahead with this since it would cost from $20,000 to $25,000 and there was no apparent need right now. ESD Mins. OS/22/90 Mtg. No. 90-06 Bk. 1, page~ Page 5 .) . 8) ESD San. Dst. Mins. OS/22/90 Board Member Gaines said that as long as there was vegetation, cover would be available to people to "go to the bathroom" on the site and that causes raw sewage to flow into the ocean. It was the Board's consensus to stay with the current course of action. 7. ITEMS REMOVED FROM THE CONSENT CALENDAR BY BOARD MEMBERS None. 8. BOARD / DISTRICT MANAGER REPORTS None. 9. ADJOURNMENT Board President Gaines declared the meeting adjourned at 4:59 P.M. ~ Pool, Board Clerk hy Greene Office Specialist ESD Mins. OS/22/90 Mtg. No. 90-06 Bk. 1, page~ Page 6 .;¡, ,