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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. - 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 - - -- ~ 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 :~" " i r -- 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. . 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 - 10/16/90 CSD Meetinq .- 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 ~. - - . .. 10/16/90 Paqe4 Ktq. 90-14, BkU, paqeJj')./ ~ . '.