1989-12-12
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MINUTES OF REGULAR MEETING OF ENCINITAS SANITARY DISTRICT BOARD OF
DIRECTORS, DECEMBER 12,1989,4:00 P.M., 535 ENCINITAS BLVD., SUITE
100, ENCINITAS, CALIFORNIA.
1.
CALL TO ORDER/ROLL CALL
Board President Slater called the meeting to order at 6:45 P.M.
Present:
Shea.
President Slater, Board Members Gaines, Hano, Omsted,
Also
Present:
District Manager Shafer, City Attorney Krauel, District
Engineer August, Operations Manager Palmer, Board Clerk
Pool, Senior Office Specialist Greene.
There being a quorum present, the meeting was in order.
2.
PLEDGE OF ALLEGIANCE
3.
SELECTION OF PRESIDENT AND VICE PRESIDENT
Slater moved, Omsted seconded to nominate Marjorie Gaines as
President of the Encinitas Sanitary District Board of Directors.
Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
Slater moved, Shea seconded to nominate Anne Omsted as Vice
President of the Encinitas Sanitary District Board of Directors.
Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
4.
ORAL COMMUNICATIONS
None.
5. CLOSING AND ADOPTION OF CONSENT CALENDAR
A. Approval of Minutes: November 7. 1989.
B. Approval of December 12. 1989 Warrants List.
C. This Item was Removed from the Aqenda Prior to the Meetinq.
ESD Mins. 12/12/89, Page 1
Mtg. No. 89-12 Bk. 1, Pg.~/
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Enc. San. Dist. Mins. 12/12/89
D.
1. Approval of Resolution No. 89-15 Adoptinq Amendment to
the Encina Joint Powers Basic Aareement Grantinq Encina
Administrdtive AgencY (EAA) Specific Powers to Acauire
Property; 2. ApDroval of Aareement Authorizina EAA to Acauire
a Sludae Compostina Site; 3. ApDroval of Amendment to the
Encina Capital Improvement Budaet; and 4. Approval of
Resolution No. 89-17 Amendinq the Encinitas Sanitar~ District
Fiscal Year 1989-90 Financial Plan.
Omsted moved, Slater seconded to close and adopt the Consent
Calendar except for Item 5E which was removed from the Consent
Calendar. Motion carried. Ayes: Gaines, Hano, Omsted, Shea,
Slater; Nays: None.
E.
Adoption of Resolution No. 89-16. Declarinq the Public
Necessity for the Acauisition of a Sewer Easement in Property
Located at the North West Corner of Encinitas Blvd. and Ouail
Gardens Drive and Authorizing Proceedinq in Eminent Domain for
the Purpose of Acauirinq this Easement.
City Engineer Warren reported that on September 26,1989, the Board
voted to exercise its power of eminent domain on behalf of Quail
Park Joint Venture in order to acquire a public sewer easement.
The easement, across the corner of private property at the
northwest corner of Quail Gardens Drive and Encinitas Boulevard is
required in order to provide public sewer service to the
subdivision known as Quail Park.
An independent attorney was selected and hired by the District on
behalf of the developer to oversee the legal proceedings of the
condemnation process.
City Engineer Warren said the Board of Directors must adopt a
Resolution of Necessity before an eminent domain proceeding can be
commenced. The power of eminent domain may be exercised to acquire
property for a proposed project if the following conditions are
established:
1.
2.
The public interest and necessity require the project.
The project is planned or located in the manner that will be
most compatible with the greatest public good and the least
private injury.
The property sought to be acquired is necessary for the
project.
3.
District Engineer August explained further the three issues that
were under discussion. He said the project has received
development permits, is proceeding, and has entered into agreements
with the District to provide a sewer line for this subdivision.
ESD Mins. 12/12/89, Page 2
Mtg. No. 89-12 Bk. 1, pg.~~
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Enc. San. Dist. Mins. 12/12/89
He said this is the most economical alignment that could be
achieved and provide public benefit. He also said the need is
immediate, the project is going forward and homes are nearing
completion. He said the construction is not a major construction
and therefore, should not take long in crossing the property. The
corner of the property is along an existing easement for drainage
and there are some minor additions to that easement.
Bob Hefner, representing Quail Park, asked to speak but had not
filed a 15 day notice and therefore could not be permitted to do
so.
Daniel Tsu, one of the owners of the property, spoke in opposition
to the Resolution.
City Attorney Krauel stated the issue was whether the easement is
needed for the public improvement and Staff testimony was that the
easement is needed.
Omsted moved, Hano seconded to adopt Resolution 89-16. Motion
carried. Ayes: Gaines, Hano, omsted, Shea, Slater; Nays: None.
6.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY BOARD MEMBERS
None.
7.
BOARD / DISTRICT MANAGER REPORTS
None.
8.
ADJOURNMENT
President Gaines declared the meeting adjourned at 7:04 P.M.
~ai:f ~d Clerk
By: Kathy Greene
Sr. Office Specialist
ESD Mins. 12/12/89, Page 3
Mtg. No. 89-12 Bk. 1, Pg.¿53