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.
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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.
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•
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,
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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.
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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
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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
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