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1996-03-15r ENCINITOS G.H.A.D. Geologic Hazard Abatement District No. 1 MEETING MINUTES Friday, March 15, 1996, 2:00 PM Encinitas City Hall 505 South Vulcan Avenue POINSETTIA CONFERENCE ROOM CALL TO ORDER Chairman Oakley called the meeting to order at 2:00 p.m. BOARD MEMBERS PRESENT: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, David Oakley ALSO PRESENT: GHAD Attorney Robert Gaglione, Risk Manager Jace Schwarm, Robert Driver Insurance Broker Sharon Nash, Berryman and Henigar Engineer Joe Francisco Chairman Oakley announced that Recording Secretary Jo Ann Pine was attending her last meeting. Ruth Gossard from the City Manager's Office will be covering the GHAD Meetings beginning in April. Ruth was introduced to all GHAD Board Members and remained with JoAnn to cover the meeting. ORAL COMMUNICATIONS GHAD Member and property owner Lou Favero stated he wanted to address the Berryman & Henigar Feasibility Study. Mr.Favero had some specific questions regarding maintenance of previously built walls, walls built without permits, and existing City owned walls. He also expressed his opinions on his interpretation of Zone 3 - Construction, excessive maintenance costs, insurance coverage, bonding feasibility and concluded by stating he feels current wall owners don't want a GHAD. AGENDA 2. Final Draft of Proposed GHAD Assessment District Feasibility Study. This item taken out of order. Chairman Oakley asked Berryman and Henigar Engineer Joe Francisco to assist in responding_ to Mr. Favero. Mr. Francisco distributed copies of a new spread sheet reflecting changes made to descriptions of Parcels 12 and 13, as requested by property cwner Luann Knott-s- at the Mar.4, 1996 property owners informational meeting. 03/15/96 G.H.A.D. Page 1 Mtg. #96 -05 • • Chairman Oakley stated that until the City completes their Local Coastal Plan, the GHAD Board cannot say who will maintain previously built seawalls. Regarding cost questions and comments, Mr. Francisco stated as part of their function, Berryman and Henigar were not hired to actually determine costs of construction and maintenance of the seawalls. - they took their cost figures out of the Plan of Control. If the proposed assessment district plan proceeds forward, Berryman & Henigar would recommend and engineer be brought aboard and the actual costs for construction and maintenance be determined. Mr. Francisco further stated that if only two or three property owners wanted to build seawalls, bonding would not be feasible Then we would have to ask the City to front the money - then continue like an assessment and put charges on the property tax rolls. Mr. Francisco explained the operational cost spread for Mr. Favero Director Pierce stated the City at a recent Council Meeting acknowledged they will probably have to carry loss of the shortfall for GRAD operations. Mr. Francisco clarified that Parcels A & B are City owned properties. GHAD Attorney explained that the GHAD has not yet assumed responsibility for maintenance of seawalls. To answer Mr. Favero's questions regarding insurance coverage, Robert Driver Co. broker Sharon Nash explained the extent of Errors & Omissions Coverage - to include all GHAD Members and volunteers acting within the scope of their duties. Handouts were distributed to all Board Members to confirm the explanations for Errors & Omissions and Liability coverages. Director Pierce commented that the Board has not accepted the Feasibility Study or decided to maintain seawalls. Some of Mr. Favero's questions cannot be answered because we don't know yet. GHAD Attorney Gaglione further clarified that Board Members, GHAD Members and volunteers are covered within the terms and conditions of our Errors & Omissions coverage. 1. Approval of Board Meeting Minutes a) February 16, 1996 Regular Board Meeting Minutes The following corrections were noted: Pg. 1 - Oral Communications - Line 7, delete the word no Pg. 4 - Item 8 - Change last sentence to read The California Supreme Court let stand the published decision of the Court of Appeals. Pg. 4 - 9. d) Delete Dir. Pierce's name from those attending dinner meeting. 03/15/96 G.H.A.D. Page 2 Mtg. #96 -05 • • Pierce moved, Truax seconded to approve the February 16, 1996 Minutes as corrected. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None b) March 4, 1996 Property Owners Informational Meeting Minutes Chairman Oakley stated he had just received the rough draft of these Minutes and asked the Board to continue approval to the April 19, 1996 meeting. 2. Final Draft of Proposed GHAD Assessment District Feasibilit Studv Chairman Oakley stated that following the Property Owners meeting he had nine items in the draft to discuss with the consultants and that he had called Mr. Francisco prior to today's meeting to .discuss his questions. These included: 1. Corrections to Parcels 12 & 13 2. Pg. 4, 1.4 Change word to current estimated Cost 3. Pg. 4 Change number of copies from 10 to 20. 4. Pg. 7 - Special Taxes - add the word registered before voters. 5. Pg. 8, Para. 3 Change word qualified to registered voters 6. Pg. 13 -14, Add note: Definition of Seawalls - See Pg. 3, 7. Pg. 15 - Zone 2, Item 1 Add word discover maintenance needs - 8. Para. 3 Remove word Gunite and say resurfacing of seawalls and #2 should be #4 9.- Pg. 22 - Change dollar column total Chairman Oakley stated the Canter properties be checked for accuracy. He feels one of the properties is not in the GHAD District yet all three properties are listed in the study. Director Frickman asked why the Executive Summary discussed earlier was not included in this draft. Mr. Francisco stated his firm felt the report was small enough and a Executive Summary was not necessary. Chairman Oakley asked Mr. Francisco to clarify in the text of their study the voting process for a protest and specifically, how the Board could vote could vote on a Operations and Maintenance District if there was a protest of 50% or more. Mr. Francisco stated the Board could still vote for the 0 & M assessment district. There were no additional questions or comments from the Board. Chairman Oakley asked Mr. Francisco to prepare and print a final document per today's requested modifications and send 20 copies for distribution to Board Members and City Staff. Then the Board can officially accept the report at their April 19, 1996 meeting. Chairman Oakley added that the Board, after accepting the study, 03/15/96 G.H.A.D. Page 3 Mtg. #96 -05 • • might decide to just put it on hold until the City gets going on their Local Coastal Plan over the next 4 -5 months. Resolution #96 -044 Fulton moved, Frickman seconded to direct our consultant to complete the report and submit 20 copies in time for the April 19, 1996 GRAD Meeting. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None 3. Treasurer's Report - D. Pierce a) Approval of Feb. 29, 1996 Financial Statement Director Pierce distributed and reviewed his Feb. 29th report. Director Pierce stated he feels the City Council has indicated that on -going funds for GRAD operation hinge on the GRAD Board's action on the Feasibility Study. Oakley moved, Truax seconded to approve the February 29, 1996 Financial Statement. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None b) Board approval of January 31, 1996 Financial Statement submitted Feb. 16, 1996 Truax moved, Fulton seconded to approve the Jan. 31, 1996 Financial Report submitted Feb. 26, 1996. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None 4. Robert Driver Insurance Company - Jace Schwarm a) Liability Insurance etc Risk Manager Jace Schwarm introduced Sharon Nash, broker for Robert Driver Insurance Company. Ms. Nash earlier provided handouts to Board Members regarding Errors & Omissions and Liability coverages. Ms. Nash reviewed in detail for members the extent of their coverages within the scope of their roles as directors and stated the carrier cannot name the as individuals on the policy. They are simply referred to as "The Board." GRAD Attorney Gaglione asked Ms. Nash if the policy language could be modified to read members rather than stockholders. She will contact the carrier. 5. Letter to Public Officials recxardinQ Sand Replenishment - D Pierce. Chairman Oakley stated he had placed and update letter from SANDAG in members meeting folders and it appears that now there is no reason to continue with the proposed letter. 6. Newsletter - D. Pierce Director Pierce stated he had nothing to report at this time. 7. City of Encinitas Comprehensive Coastal Plan - Revised Technical Report etc. There were no comments from Board Members. 03/15/96 G.H.A.D. Page 4 Mtg. #96 -05 • • 8. Recording Secretary Assignment Chairman Oakley confirmed again for the record that Ruth Gossard of the City Manager's Office will serve as GRAD Recording Secretary as of April 1, 1996. 9. Questions of Attorney by Board Members Board Members had no questions this month. GRAD Attorney Gaglione gave Board Members'a copy of a letter he wrote to the Fair Political Practices Commission. Since the GHAD Board Members are all property owners within the GHAD District, he is asking the Commission's opinion on the Directors voting on an assessment district where they have a financial stake. A reply is expected prior to the next GHAD Board Meeting. 10. Chairs Report a. Chairman Oakley stated he'd written a letter to Attorney Diven with a copy of the City's Resolution 96 -19 requiring people to join the GHAD. b. Chairman Oakley asked the Board for authority to write a letter to Speaker of the Assembly State of California endorsing Jim Bond for a position on the California Coastal Commission. Copies of Mr. Bonds background and qualifications were in Board Members meeting folders. Resolution #96 -045 Pierce moved, Fulton seconded to have the GHAD Board write a letter to Speaker of the Assembly State of California endorsing Jim Bond to the California Coastal Commission. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nay: None. C. Chairman Oakley announced that Mr. Gozzo had received an Emergency Permit from the California Coastal Commission to build his wall. The Chairman commented that the cave -ins today may have saved Mr. Gozzo some money! d. Chairman Oakley provided Board Members with copies of a newspaper article titled: "Court Rules Cities Must Justify Fees." e. Chairman Oakley stated he met today with the property owner at 828 Neptune who had a bluff failure March 4th. f. The Chairman encouraged members to read the SANDAG report he provided in their meeting folders. g. Chairman Oakley reported that he'd sent a letter to Mr. & Mrs. Barchick together with a copy of the Feasibility Study report - as requested by Gwenn Truax. h. Chairman Oakley stated that the Shoreline Erosion Assessment Atlas's, Vol. I & II that he personally purchased were in the GHAD File for information for any Board Member who wishes 03/15/96 G.H.A.D. Page 5 Mtg. #96 -05 to borrow them. i. Chairman Oakley stated the L.A. Times article in their folders regarding Pacific Legal Foundations fight with the California Coastal Commission had come through Gwenn,Truax. j. Chairman Oakley stated that following the Mar.4 meeting Pat Sylvestra of 1360 Neptune Ave., called him and suggested the GHAD pay someone $10.00 to distribute by hand carrying notices to residents on the bluff to get them to attend meetings. Comments by Other Board Members: Director Truax commented that she did not feel the letter to property owners prepared by Berryman & Henigar was strong enough and it did not contain complete information to cause more of them to attend the meeting. Director Pierce added that the letter did not make any reference to an assessment being decided. He felt the Seacoast Preservation letter was a better one. Chairman Oakley thanked Jo Ann Pine for her services the past year. 11. Future Agenda Items None suggested this date. Director Fulton asked if the City, in the preparation of their Coastal Report, would remove the GHAD language. Asst. City Manager Benson told Chairman Oakley that the GHAD is mentioned as one of several possible options along with the 1911, 1913 and 1915 Acts - that only the City can implement. Following a discussion on the future acceptance, receipt, etc. of the Feasibility Study, the following motion was made: Resolution #96 -046 Truax moved, Oakley seconded to have a Board Meeting on Friday, April 19, 1996 at 2:00 p.m. Chairman Oakley adjourned the meeting at 3:23 p.m. David S. 0 ey, Chairm By: Jo Ann Pine _Recording Secretary 03/15/96 Page 6 Mtg. #96 -05