1990-06-26
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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.
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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.
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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.
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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
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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.
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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.
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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
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