Encinitas Ready to Bloom as Last Legal Hurdle Topples

A complex legal skirmish that had jeopardized the impending incorporation of Encinitas apparently ended Thursday when the California Supreme Court rejected a request by opponents of cityhood that it consider their case.

The last-ditch effort by Citizens for Informed Choice on San Dieguito (CICSD) sought a stay barring a county agency from signing the “certificate of incorporation” that will make cityhood official today.

CICSD, a group composed mostly of large landowners and businessmen, argues that the Local Agency Formation Commission failed to comply with certain legal procedures before qualifying the incorporation issue for the June ballot. Proposition K, approved by 69% of the area’s voters, created a 26-square-mile city of 44,000 by merging the towns of Cardiff, Encinitas, Olivenhain and Leucadia.

In legal documents filed last week, CICSD attorneys argue that LAFCO, which must approve all incorporation bids, should have prepared an environmental impact report on the effect the new city will have on the county and neighboring jurisdictions.

CICSD members also contend that several “sphere of influence” studies--which target land that may logically be annexed by a municipality in the future--should have been conducted before the vote on home rule. And they maintain that sufficient public notice was not given prior to public hearings on the incorporation proposal.

Last month, the 4th District Court of Appeal rejected those arguments in a 33-page opinion that upheld a decision by a San Diego Superior Court judge. At that point, it seemed that the opponents would concede the fight and allow the certificate of incorporation to be issued today, when a court-imposed stay won by CICSD several months ago expires.

Instead, the group’s attorneys asked the state court to extend the stay and consider an unusual “petition for transfer” that would enable justices to hear the case promptly. On Thursday, in a brief statement, the court announced that it would do neither.

“My feeling is that this is probably the end of the litigation,” said Deputy County Counsel Bill Smith. “Technically, I suppose (the opponents) could file a petition for review. But the fact that the Supreme Court refused to issue a stay indicates to me that this is not a case they’re particularly interested in taking.”

Attorneys for CICSD did not return a reporter’s telephone calls. But Gerald Steel, a councilman-elect in Encinitas, said he doubts that CICSD members will press the case any further.

“This must be the end of the road for our opponents,” he said. “To go on with this would be a waste of time and money. I hope now we can all just work on building a successful city.”

Michael Ott, a senior analyst for LAFCO, said the court’s action clears the way for issuance of the incorporation certificate today. Ott said the certificate informs the public that all legal steps prior to cityhood have been completed.