1990-07-17
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MINUTES OF REGULAR MEETING OF ENCINITAS SANITARY DISTRICT BOARD OF
DIRECTORS, JULY 17,1990,4:00 P.M., 535 ENCINITAS BOULEVARD, SUITE
100
1.
CALL TO ORDER / ROLL CALL
Board President Gaines called the meeting to order at 4:13 P.M.
Present:
Absent:
President Gaines, Board Members Hano, Shea, Slater
Board Member Omsted
Also
Present:
District Manager Shafer, Board Counsel Francesca Krauel,
Board Clerk Pool, District Engineer August, utilities
Superintendent Palmer, utilities Planner Henie, District
Consultant Kabota, Deputy Board Clerk Cervone.
There being a quorum present, the meeting was in order.
2.
PLEDGE OF ALLEGIANCE
3.
ORAL COMMUNICATIONS (15 MINUTES)
None
4.
CLOSING AND ADOPTION OF CONSENT CALENDAR
Slater moved, Hano seconded to close and adopt the Consent
Calendar. Motion carried. Ayes: Gaines, Hano, Shea, Slater;
Nays: None; Absent: Omsted.
A.
Approval of Minutes of June 26. 1990. Contact Person: Board
Clerk Pool.
B.
Ap~roval of 7/17/90 Warrants List. Contact Person: Assistant
city Manaqer Benson.
C.
Approval of Amendment to Lease Aqreement between Leucadia
County Water District. Encinitas Sanitary District. Buena
Sanitation District and BCE Development to Release BCE
Development from Maintaininq $500.000 Security for Expansion
of Shadow Ridge Treatment Plant. Contact Person: Manaqement
Analyst Schillinqer.
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5.
UNFINISHED BUSINESS
A.
Discussion of Proposed Initiative Measure Reqardinq Lease of
District Property for Park. Contact Person: Board Counsel
Krauel.
Board Counsel Krauel presented the Board with several alternatives
to consider regarding the proposed initiative measure. These were:
1) That the initiative is invalid and not to place it on the
ballot; 2) To place a possibly invalid initiative on the ballot;
3) To seek a judicial declaration as to validity before placing on
ballot; 4) To place initiative on ballot and seek judicial
declaration; 5) To place on ballot and wait for election results
to determine further course of action.
Regina Ash spoke in opposition to the District's forfeiting the
land to the city.
Betsy Schrieber also opposed the initiative stating the property
proposed for parkland was the district's most ,valuable asset. She
stated that, if leased, it should be for fair market value. She
said there were major environmental problems with the site. In
addition, there were an unretired bonds still outstanding on the
property and, therefore, the district needed to keep possession of
it. She also stated there was not a clear title on the original
part of the property bought from the San Dieguito Irrigation
District because at the time of the sale, the deed stipulated that
if the property was used for anything other than a sanitation
district, it would revert back to the Irrigation District. She
said the property should be held by the district in the event
development became an option to generate revenue. She urged the
Board to let the people in the district know what the financial
impacts and long term effects would be of leasing the peropty as
proposed by the initiative.
John Stubstad, representing the Moonlight Creek Association,
proponents of the initiative, said it would cost between $1100 and
$2400 to put the initiative on the ballot. He said it was the
Association's opinion that maintenance costs experienced by the
District should be used to determine that it is not actually a
donation of land to the city. He said if the district gave up the
$40,000 in rental income but saved $60,000 per year in police and
maintenance expenses it would result in a net cash flow and would
avoid the question of donation of the property.
Board members stressed the importance of the rate payers receiving
as much information as possible regarding the possible fiscal
impacts.
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B.
Adoption of Resolution 90-06 Placinq Measure on Ballot for
Parkland Acquisition. Contact Person: Board Clerk Pool.
Shea moved, Slater seconded to adopt Resolution 90-06 and to follow
al ternati ve E (from the Board Counsel's memo - Item 5A) which
states "The Board would pay for the election and wait for the
results of the election to be obtained. If the initiative passes,
the Board could make a determination as to the initiative's
validi ty; or wait to see if the City accepts the District's offer."
Motion carried. Ayes: Gaines, Hano, Shea, Slater; Nays: None;
Absent: Omsted.
C.
Adoption of Resolution 90-07 Requestinq Consolidation of the
Election with statewide General Election. Contact Person:
Board Clerk Pool.
Shea moved, Hano seconded to adopt Resolution 90-07. Motion
carried. Ayes: Gaines, Hano, Shea, Slater; Nays: None; Absent:
Omsted.
D.
Consideration of Whether to File an Arqument Aqainst the
Proposed Initiative. Contact Person: Board Clerk Pool.
Board Clerk Pool said the Election Code provided, in the case of
district elections, that the Board could file an argument against
an initiative. Board Members expressed the need for rate payers
to have as much information as possible on the impacts of the
initiative, however, they did not want to appear to be opposing the
initiative.
Betsy Schreiber stated she felt it imperative for the Board to
write the argument against the initiative.
Board consensus was to have Staff prepare a non-biased "argument
against" the initiatiye, to provide additional information to the
rate payers, and to bring it back for Board action at an adjourned
Regular meeting July 26th.
6.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY BOARD MEMBERS
7.
BOARD / DISTRICT MANAGER REPORTS
Information Items -- No discussion or action to be taken.
District Manager Shafer said the emergency permit the District
applied for to clear the District's property on Encinitas Boulevard
had been denied by the Coastal Commission. He said Staff was
researching the appeal process.
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8.
ADJOURNMENT
President Gaines declared the meeting adjourned at 4:55 P.M. to
July 26th at 4:00 P.M.
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E. Jane Pool, Board Clerk
By: Deborah Cervone,
Deputy Board Clerk
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