1990-10-16
~ MINUTES OF CARDIFF SANITATION DISTRICT SPECIAL MEETING OCTOBER 16,
1990,4:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
!leetinq called by notice pursuant to G.C. section 54956.
1. CALL TO ORDER / ROLL CALL
Chairperson Gaines called the meetinq to order at 4:13 P.M.
Present: Chairperson Marjorie Gaines, Board Members Gail Hano,
Anne Omsted, Richard Shea, Pamela Slater.
Absent: None
Also District Hanaqer Shafer, Board Clerk Pool, District
Present: Enqineer Auqust, Deputy Clerk Cervone.
There beinq a quorum present, the meetinq was in order.
2. PLEDGE OF A~GIANCE
3. ORAL COMMUNICATIONS (15 MINUTES)
4. CLOSING AND ADOPTION OF CONSENT CALENDAR
Shea moved, Omsted seconded to close and adopt the Consent
, Calendar. !lotion carried. Ayes: Gaines, Hano, OIDsted, Shea,
Slater; Nays: Hone.
A. ADDroval of M~nutes: SeDte~er 11. 1990.
B. ApDroval of October 16. 1990. Warrants List.
C. AdoDtion of Resolution 90-41. AD9licat~onfor Annexation t~
the Ca~diff S~n~on Distriçt of 15.18 Acres Locate
ADDroximatelv 1200 Feet Southeast of the Intersection of Lõúe
Jack Road and Camino Del Rancho Road - Richard Day.
STAJ'J'. RBCOIOCBNDATION: 1) J'ind, pursuant to California
Environment Quality Control Act of 1970 Guidelines, Section
15074, that project would not have a siqnificant effect on the
enviromaent. 2) Adopt Resolution 90-41, application for
annexation.
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5. NEW BUSINESS
A. Consideration of Reauest to Undertake Condemnation to ~cauire
Sewer Main Easement for Tentative MaD 4400 (Barratt
Subdivision).
J'. 10/16/90 ?aqe 1 Mt9~ 90-14, Bk#1, ~aqe ;lib
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10/16/90 CSD Meetinq
. District Enqineer August said the al ternati ves for the Board . s
consideration were (1) qrant the subdivider's request to initiate
condemnation proceedinqs for the needed easement and direct staff
to pursue the necessary actions at the applicant's sole expense;
(2) Deny the request to undertake eminent domain proceedinqs and
hold sewer service to the development in abeyance until easement
is acquired; ( 3 ) Continue this item to permit the submi ttal of
additional easement negotiation documentation for District review.
He said it was Staff's recommendation to approve altern~tive #1.
Michael Rust, representinq Barratt America., said that in 1988 they
obtained a tentative map and one of the conditions' set forth by the
City was for Barratt to obtain off-site eas.-entsat the southwest
corner of the project at Lone Jack Road and Lone Hill Lane. He
said they had been unable to reach an aqreement with the owners to
obtain the easement. He urqed the Board to approve alternative
#1.
Virqinia Estes, also representinq Barratt America, reviewed the
neqotiations ,in chronoloqical order, that had taken place to date.
She said after numerous meetinqs, Mr. Rothenberq and Ms. Shih had
rejected all offers by Barratt to acquire the sewer easement.
Alan Haynie, also representinq Barratt, said the issue before the
~ Board was only the easement and no~ any of the other associated
issues raised by Mr. Rothenberq and Ms. Shih. He said fair market
. value was offered to Mr. Rothenberq and was rej ected. He reviewed
the standards for exercisinq power of eminent domain set forth by
the Cardiff Sani tation District's Counsel and stated he fel t
Barratt had addressed and met all of the standards.
Wendy Shih spoke in opposition to the condemnation and said Barratt
had not neqotiated in qood faith. She said the documents prepared
by Barratt as a result of the neqotiations were not correctly
representative of the discussions between Barratt and Mr.
Rothenberq and herself. She asked the Board to not pursue
condemnation.
Barry Rothenberq said the aqreement between Barratt and himself
dated October 14, 1988 specifically stated that the easements were
not transferable without prior consent f~om Mr. . Rothenþerq. He
:said the term of the aqreement was to run_foz: three-years but was~'-
extended for two and one-half years without his siqnature or
knowledqe. He said the aqreementqave Barratt permission to do
landscape and irriqation work around the creek bed which would take
up approximately 1/4 of his property. However, the document that
,was filed said Barratt could do bridqe work and drainaqe on his
property. Further, he said the bridqe that was beinq proposed was
not the oriqinal desiqn.
. 10/16/90 Page 2 . Htg. 90-14, BkU, Page ;¡;.f
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-- 10/16/90 CSD Meeting
Charlie Marvin, representinq Gary Rothenberq and Wendy Shih, said
the neqotiations by Barratt were not done in qood faith. He said
Mr. Rothenberq and Ms. Shih had not been notified of the public
hearinqs reqardinq the Barratt project until June of 1990. In
addition to the sewer easement issue, the oriqinal plans depicted
a small New Enqland style bridqe on the easement and now it was a
much larqer project. He asked the Board to adopt alternative #2.
Mr. Rust, representinq Barratt America, stated the landscape
easement that was qranted to Barratt did not pertain to the sewer
easement and should not be part of the Board's consideration.
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Mr. Haynie, representinq Barratt America, said the only issue
before the Board was the 'sewer easement and urged the Board to
approve alternative #1.
District Enqineer Auqust explained that conditions had been put on
TN 4400 by the City which included off-site improvements for e¡;ewer,
other utilities', roads, etc. He said the issue before the
District was not the tentative map and the associated issues
pertaininq to the map but whether or not to proceed with
condemnatiòn of the sewer easement so Barratt could fulfill the
conditions set by the city.
~: Hano moved, Slater seconded to approve alternative #2 which would
deny the request to undertake eminent domain,proceedinqs and hold
sewer service to the development in abeyance until easement was
acquired.
Board Member Shea asked what the timel ine was on the proj ect .
District Manaqer Shafer said the map would expire November 10th.
If alternative #2 was approved, the City Council would still be
deliberatinq the same issue of eminent domain. However, there
would be one advantage in that the City Council would be ablè to
look at various aspects of the map other than just this one issue
of a sewer easement. He said by sendinq this to the court, throuqh
the eminent domain process, the court had the advantaqe of havinq
procedures and past cases to make the judqement and determination.
Chairperson Gaines said that althouqh she was interested in other
aspects of the project~, the ~ssues raised by Mr. Rothenberq and' Ms~
Shih were issues othe~ th~n ~esewer easement~and w~re not in the ~
Cardiff Sanitation Board's purview to address.
~~8 10/16/90 Paqe3 Mtq. 90-14, ~ Bk#l, paqe 2/3
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10/16/90 CSD Meetinq
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oms~ed moved, She. seconded to amend the mo~ion on the floor ~o
approve al~erna~ive '1 and initiate cond81D11ation proceedinqs.
!lotion carried. Ayes: Gaines, omsted, Shea, Slater; Hays: Hano.
6. BOARD/DISTRICT MANAGER REPORTS
Informational Items - No discussion or action to be taken.
District Enqineer Auqust informed Council that a memo would be
forthcominq to the Board reqardinq proposed sewer rates.
7 . ADJOURNMENT H
.Chairperson Gaines declared the meetinq adjourned at 5:38 P.M.
, ÂJ '-^ \ f' ~ QQ q)~~
. Jane Pool, Board Clerk
By: Deborah Cervone,
Deputy Board Clerk
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. .. 10/16/90 Paqe4 Ktq. 90-14, BkU, paqeJj')./
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