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1990-06-26 . . . MINUTES OF REGULAR MEETING OF ENCINITAS SANITARY DISTRICT BOARD OF DIRECTORS, JUNE 26, 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 4:15 P.M. Present: President Gaines, Slater. Shea, Board Members Hano, Omsted, Also Present: Assistant District Manager Benson, Board Counsel Krauel, District Engineer August, Board Clerk Pool, utilities Superintendent Palmer, utilities Planner Henie, District Consultant Kabota, Senior Office Specialist Greene. There being a quorum present, the meeting was in order. 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS (15 MINUTES) Under Item 4, Judy Thorgeirsson questioned the minutes dated 5-22- 90, paragraph two, and said the information was incorrect. It was Board consensus that the minutes were in fact correct, and the Board directed that Ms. Thorgeirsson's comments be reflected in these minutes (of June 26, 1990), under Oral Communications. Ms. Thorgeirsson stated that the Park Initiative Committee had met with the sub-committee, consisting of Board Members Slater and Hano. 4. CLOSING AND ADOPTION OF CONSENT CALENDAR Item 4D of the Consent Calendar was removed by a member of the public. A. Approval of Minutes: May 22, 1990. B. Approval of June 26. 1990, Warrants List. C. Authorization for the Encina Administrative Aqency (EAA) to Proceed with Condemnation of Land Owned by SDG&E for the Purpose of a Solids Compostinq Site. Adoption of Resolution 90-04 Amendinq the Encina JPA Basic Aqreement Providing for Interim Unit I Ownerships Durinq Phase IV Expansion. E. ESD Mins. 06/26/90 Page 1 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 F. Adoption of Resolution 90-05 Approvinq the Fiscal Year 1990- 91 Encina JPA Budget. omsted moved, Hano seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. Omsted moved, Slater seconded to approve the minutes of May 22, 1990. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. B. Smith asked the Board to set aside Item 4D until 5A had been concluded. There was Board consensus to comply with Mr. smith's request. 5. UNFINISHED BUSINESS A. Consideration of Alternatives for Modifyinq and Extendinq the Security Aqreement for Encinitas Sanitary District Property. District Engineer August told the Board that on July 10, 1990, the agreement with Carlsbad Security would expire, and that although the migrant activity had declined, some still existed. He said people were using the area of the property with the bamboo as a public rest room. In order to keep this area clean, the District was still employing Target Services. Briefly stated, the alternatives which could be pursued were: 1. 2. 3. Continue the current level of patrol services. Modify the level of patrol services Discontinue the patrol services. Board President Gaines questioned why the District was still employing Target Services when Carlsbad Security should be keeping people from depositing trash and fecal material on the property. District Engineer August said that the Patrol Services during the day, consist of one person to patrol the entire property and there are areas that are hidden from view from various points on the property. He said until the permi ts come from the Coastal Commission to remove the bamboo, it will continue to be very difficult for the Patrol Service to observe everything going on. Board President Gaines asked when the permits from the Coastal Commission would be issued. ESD Mins. 06/26/90 Page 2 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 District Engineer August said staff was still going through the process that the Coastal Commission requires. He said he did not know when the permits would be issued and it had taken much longer than anticipated. Board Member Omsted said there should be some standards to measure the success of the program and asked if there was any kind of agreement with the property owners at the shopping center to share the cost or reimburse the District for the money that has been spent. District Engineer August said there were no such agreements. Slater moved, Hano seconded to approve Option 2 (i.e., modify the level of patrol services as described in the Staff report, reducing the monthly cost to $4,845) provided that the situation is monitored and to make sure the property remains clean and if there are problems in that regard, to rehear and go to a higher level of enforcement Board President Gaines said the creek empties into Moonlight Beach and there is a health hazard from fecal material flowing onto Moonlight Beach. Board Member Slater asked the Staff to report to the Board at the next ESD meeting as to the estimated time when all the necessary work will be done to obtain permits from the Coastal Commission. Board President Gaines asked Staff to make sure that at the next ESD meeting there be someone from the Shopping Center and from Carlsbad Security in attendance, and to diligently pursue with the Big Bear Shopping Center the possibility of cost sharing of patrols or fencing with the District. Board Member Hano asked that the people at the Big Bear Store and Carlsbad Security be mailed an agenda of the ESD meetings or be called and informed when the meetings will take place. There was Board consensus to comply with Ms. Hano's request. B. Smith asked if it would be possible for Carlsbad Security or Target Services to cost share an arrangement at other problem locations in the city. Board Member Gaines advised Mr. Smith that his question was a City issue, not a District issue. Mr. Smith suggested having the County check the water in Moonlight Creek. ESD Mins. 06/26/90 Page 3 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 Board President Gaines asked Board Counsel Krauel if the District would be justified, for health reasons, in chopping down the foliage to make sure the area would not be used for a bathroom? District Attorney Krauel said an emergency permit process could be applied for through the Coastal Commission. An agenda item would have to be added by unanimous vote to deal with the issue at this time. Motion carried to approve option 2. Nays: Omsted, Shea. Ayes: Gaines, Hano, Slater; Omsted moved, Hano seconded to add to the Agenda Item 5B, "Consideration of application for emergency permit to deal with an immediate health problem, based upon information developed during this meeting, after the announcement of the publication of the agenda and requiring action before the next meeting which is a month away." Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. Hano moved, Slater seconded to direct Staff to apply for an emergency permit immediately to the Coastal commission. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. 4D. Adoption of Resolution 90-03 Approvinq the Encinitas Sanitary District Fiscal Year 1990-91 Financial Plan. District Engineer August told the Board that because of action taken on agenda Item 5A, Resolution 90-03 would change and expenses would be reduced by $60,000. The amount of $915,275 would change to $855,275, and totals would change from $1,181,671 to $1,121,671. Omsted moved, Hano seconded to adopt the budget and Resolution 90- 03 with the amendment based on the action taken by the Board majority on Item 5A. Ayes: Gaines, Hano, omsted, Shea, Slater; Nays: None. 6. NEW BUSINESS A. Consideration of Request to Allow Four Proposed Parcels (Map 13368) on Mays Hollow Lane to utilize Sewer Pumps. Utilities Planner Henie told the Board that within the Sanitary District boundaries there were natural drainage areas which could sometimes be difficult to serve by a public gravity sewer system. He said one of those areas was immediately northeast of the intersection of Quail Gardens Drive and Encinitas Blvd. In 1980, a public sewer main extension was approved by the County to serve ESD Mins. 06/26/90 Page 4 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 a 30 lot subdivision within a portion of the Quail Gardens area. Although effluent generated from that subdivision would not be able to gravity flow to the public main extension required for the project, the public sewer facility was considered necessary to serve properties abutting the west side of Quail Gardens Drive and areas north of the subdivision. He said the owners were requesting that the Board allow four proposed parcels on Mays Hollow Lane to utilize sewer pumps to pump effluents to the District sewer main on Quail Gardens Drive. Mr. Henie gave consideration: alternatives available for the seven Board's 1. Deny request to allow proposed parcels to utilize sewer pumps for purposes of pumping effluent to a public sewer main in Quail Gardens Drive. 2. Grant request from subdividers to utilize pumps. 3. Direct staff to assist property owners in procedures related to forming an assessment district through petition for purposes of extending a public gravity sewer main. 4. District could attempt to form an assessment district to fund a public gravity sewer main. This option would circumvent property owner support by petition until the public hearing stage. 5. District could construct a public gravity sewer main with public funds. The Sanitary District could recoup some expenses through a reimbursement district. Property owners would pay a "pro rata" share of these public improvements at time of connection. Easement acquisition might be via condemnation. 6. Allow property owners funding public gravity sewer main to enter into a reimbursement agreement with District to help recover a portion of costs involved in constructing the facility. 7. District could allow parcels wi thin a designated area the ability to pump on a temporary basis after granting easements and providing.f1 "pro rata" share of future costs associated with construction of a public gravity sewer main. This alternative would include a covenant to insure that the above mentioned properties convert to this future gravity system. ESD Mins. 06/26/90 Page 5 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 Rick Rubin, representing the property owners, told the Board that alternative 7 was the proposal they preferred. He said they were willing to install the individual pumps, pay a fair share cost of the sewer per E.D.U., and provide the appropriate dollar amount required to switch over from the pumps to the sewer at such time as an extension came to the property. Wendy Shih, one of the property owners, told the Board that the property was bought with the intention to live there, but since the property is so secluded and there are a lot of migrant workers constantly present on it, they are currently renting until the problems can be alleviated. She requested that the Board give them a temporary alternative to use four private pumps to pump the sewage to either Quail Gardens Drive or Coneflower Street. Barry Rothenberg, one of the property owners, told the Board when they were purchasing the property, it was listed as R-7 and before escrow closed the property was down-zoned to R-3. He said he did not object to the gravity sewer line, he just could not afford it. Omsted moved, Gaines seconded to choose Alternatives 1,3 and 6. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater: Nays: None. B. Certification of Results of Initiative Petition Examination by Reqistrar of Voters. Board Clerk Pool certified that the circulators of the Parkland Initiative Petition had secured enough signatures to qualify for the ballot in November. She recommended the Board direct her to start the procedure to place the initiative on the November ballot. Omsted moved, Shea seconded to direct the Clerk to start the procedure to place the initiative on the November General Election ballot. Judy Thorgeirsson told the Board obtaining signatures had been enjoyable and she asked for support for the initiative from Board members and also from the City Council. B. smi th told the Board he had mixed emotions regarding the initiative and asked if it could be changed. He was told it could not be changed. Mr. Smith asked if the Board had agreed to the terms of the initiative. ESD Mins. 06/26/90 Page 6 Mtg. No. 90-07 Bk. 1, Page---- . . . ESD San. Dst. Mins. 06/26/90 Board President Gaines said this was a citizen's initiative, which had been circulated by citizens, not the Board. She said the issue was out of the hands of the Board. Board Member Omsted asked Board Counsel Krauel to address the latent powers related to the District, to clarify the question as to why the Encinitas Sanitary District does not operate parks. Board Counsel Krauel asked that issue be put on the next ESD agenda. Motion carried. None. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: C. Direction to Board Counsel to Prepare Title of Ballot Initiative: and to Prepare Impartial Analysis of Initiative. Omsted moved, Slater seconded to accept Staff recommendation to direct the Attorney to prepare a title and an impartial analysis. Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None. 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 5:35 P.M. ~ Pool, Board Clerk thy Greene Office Specialist ESD Mins. 06/26/90 Page 7 Mtg. No. 90-07 Bk. 1, Page----