1996-04-19ENCINIPAS G.H.A.D.
Geological Hazard Abatement District No. 1
MINUTES OF
FRIDAY, APRIL 19, 1996 - 1:00 P.M.
Encinitas City Hall
505 South Vulcan Avenue
POINSETTIA ROOM
CALL TO ORDER/ROLL CALL
Chairman Oakley called the meeting to order at 1:04 p.m.
BOARD MEMBERS PRESENT: Robert Frickman, Donald Pierce, Gwenn Truax,
Wanda Fulton, David Oakley.
BOARD MEMBERS ABSENT: None.
ALSO PRESENT: GHAD Attorney Robert J. Gaglione, Vice President, Berryman &
Henigar - Jeffrey Cooper, Risk Manager - Jace Schwarm, Recording Secretary Ruth
Gossard.
ORAL COMMUNICATIONS: None.
REGULAR AGENDA
1. Approval of Board Meeting Minutes
a) March 4, 1996 Property Owners Informational Meeting
Director Fulton questioned Asst. City Manager Jim Benson's statement that there were
no references to the GHAD in the Comprehensive Plan.(page 4) Director Fulton stated
she had found at least three references to GRAD. Director Fulton would like the minutes
to be worded differently to reflect what Assistant City Manager Benson actually said.
Chairman Oakley stated the tape will be reviewed and approval of the March 4, 1996
minutes will be continued to the May meeting.
4/19/96 Page I Mtg # 96- 06
ular Board Meeting •
b) March 15, 199 6T�e g g
1) Page two - typographical error - change "would recommend and engineer" to "would
recommend an engineer ".
2) Page two - change "put charges on the property tax" to "put repUme charges on the
property tax ".
3) Page two - change "because we don't know yet" to "because the board doesn't know
yet".
4) Page three b) - add "The board concurred to continue it ".
5) Page three - delete a typographical error, "could vote" stated twice.
6) Page four 4) - change "cannot name the" to "cannot name them".
Pierce moved, Truax seconded, to approve the March 15, 1996 minutes as corrected.
Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax,
Dave Oakley. Nays: None
2. Treasurer's Report - D. Pierce
Director Pierce distributed and reviewed the expeditures for period ended March 31,
1996. Director Pierce noted a $6,300 negative balance for Legal Counsel. Director Pierce
asked for an explanation of additional expenses of $367, over and above the approved
$14,700 for the Feasibility Study by Berryman & Henigar.
Director Pierce questioned a charge of $240 for a site inspection on January 18th, 1996,
by Mr. Robert Gaglione. The Board discussed the need to be informed of charges
incurred. Mr. Gaglione explained the reason for the inspection was to see the condition of
the seawalls and look at non - permitted walls.
Truax moved, Oakley seconded, to approve payment of $1,269 to McInnis,
Fitzgerald, Rees & Sharkey. Motion carried. Ayes: Robert Frickman, Wanda
Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None
Pierce moved, Fulton seconded to approve the March 31, 1996 Financial Statement.
Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax,
Dave Oakley. Nays: None
4/19/96 Page 2 Mtg # 96 -06
. 3. Canter/Den vA."Ind-ef to Withdraw from GHAD •
Paul Denver of 164 Neptune Avenue, Encinitas, referred to letters written on
Septemer 30, 1995 and March 12, 1996, explaining the reasons why Dr. Canter and
Dr. Denver would like to resign from GRAD. There is no reason for them to be in
GRAD, they have no walls or applications pending. They were not informed that
membership in GHAD was irrevocable, and were not given necessary and accurate
information. In the future, if they apply for a permit and the Coastal Commission
mandates membership in GHAD, they will join at that time.
The Board recessed to closed session at 1:26 p.m.
The Board returned from closed session at 1:48 p.m.
Chairman Oakley stated at this time there is no legal way to withdraw from GRAD. The
Board will investigate the legal aspects to see whether withdrawal from GHAD is
feasible. The Board will authorize Mr. Gaglione to do more research on this issue. The
Canter/Denver requests will be continued pending further research.
Fulton moved, Truax seconded to authorize the GRAD attorney to conduct further
research and advise the GHAD Board on this issue. At that time, a public hearing
can be set. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce,
Gwenn Truax, Dave Oakley. Nays: None
Agenda Item 5. This item taken out of order.
5. Board Action on Proposed GRAD Assessment District No. 1 Feasibility
Study dated March 15. 1996,
Jeff Cooper of Berryman & Henigar made a final presentation of the Feasibility Study.
Director Pierce asked for an explanation of expenses totaling $367.09 for period ending
March 1, 1996. This amount is an overrun of the $14,700 total agreed to. Mr. Cooper
explained that the extra copies of reports generated the extra charges. He will get a
specific breakdown of charges.
Director Fulton asked why the costs have gone up per parcel for operation and
maintenance, referring to page 21. Mr. Cooper explained any additions or deletions of
property owners or modifications to bluff front footages will adjust individual numbers,
but not the overall total.
Director Frickman asked if a major bluff failure occurred, and there was no GHAD, could
the City do an assessment district? He learned the City has the same authority as GHAD.
The issue is a jurisdictional question.
Resolution # 96 -048
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Page 3
Mtg # 96- 06
• seconded, to receive the final assessmZt district Feasibility
Oakley moved, Pierces
Study for the Encinitas Geological Hazard Abatement District No. 1, dated April 19,
1996. Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn
Truax, Dave Oakley. Nays: None
The Board recessed at 2:10 p.m.
The meeting was called to order at 2:18 p.m.
Resolution # 96 -049
Pierce moved, Fulton seconded, to reject the Feasibility Study recommendations.
Motion carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax.
Nays: Dave Oakley
4. Consider Application of Voluntary Petitioner #10 - B Gooding -1630
Neptune Avenue
Director Truax asked that a copy of the GHAD law be sent to all new petitioners.
Resolution 96- 046
Pierce moved, Frickman seconded, to approve the petition of Barbara Gooding,
1630 Neptune, to join GRAD. Motion carried. Ayes: Robert Frickman, Wanda
Fulton, Don Pierce, Gwenn Truax, Dave Oakley. Nays: None.
6. Newsletter
Director Pierce stated he will prepare something regarding the motions made today.
7. City of Encinitas Comprehensive Coastal Plan - Revised Technical Report
No questions or comments.
8. Questions of GHAD Attorney by Board Members
Director Truax asked for an explanation of the Cortese -Knox bill at the next meeting.
Resolution # 96 -050
Truax moved, Fulton seconded, to approve the GHAD attorney to research and
clarify issues in the Cortese -Knox bill and report back at the May meeting. Motion
carried. Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave
Oakley. Nays: None.
Director Frickman asked how to release the liability of GHAD Board members.
Mr. Gaglione recommended that Board members would need to take the legal steps
necessary to dissolve.
Resolution # 96 -051
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Page 4
Mtg # 96 -06
Frickman moved Fulton seconded, to send a letter to the J - ouncil asking for
forgiveness of the 1995 GHAD costs and also to approve the 1996 GHAD expenses
until such time the GRAD is determined to be a viable organization. The GHAD
Board has rejected the recommendations of the Feasibility Study. Motion carried.
Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley.
Nays: None.
9. Chairs Report/Board Member's Comments
Chairman Oakley stated annexation of the Myer's petition, and hopefully the Gooding's
petition, will go to the City Council on May 8th for their approval. A copy of the
Hooker's application for the May 17th meeting is included in Board packets.
Chairman Oakley asked for Board approval to send Jo Ann Pine a letter of appreciation
for her services and all members agreed.
The City will be photographing the bluffs soon. Chairman Oakley asked permission of
the Board to reproduce and mount new aeriel photographs of bluff conditions including
all new properties added since 1995 at an approximate cost exceeding $100. Directors
agreed.
Resolution # 96 -052
Frickman moved, Truax seconded, to have the GHAD attorney draft a letter to the
City explaining the concerns relating to geological hazards, noting the most recent
failures in the past month, and request the City to take appropriate action to protect
the public from additional bluff hazards, because homeowners cannot protect the
public safety. Also note that this is a second appeal to the City. Motion carried.
Ayes: Robert Frickman, Wanda Fulton, Don Pierce, Gwenn Truax, Dave Oakley.
Nays: None.
Marlene Pendleton, Co- Chair, SPA.., 1312 Neptune Avenue, addressed the GHAD
Board's role in finalization of the Comprehensive Plan. She expressed appreciation to
GHAD for their actions today. She felt the Comprehensive Plan is based on the GHAD
being in place. She questioned what effect the action in rejecting the Assessment District
Recommendations will have on the bluff owners. Mrs. Pendleton felt the CCC will have
100% jurisdiction and control if we do not work together.
10. Future Agenda Items
No agenda items were discussed.
11. Next Meeting Date - May 17,1996 - 2:00 p.m.
ADJOURNMENT:
Chairm O le adjourned the meeting at 3:14 p.m.
David S. Oakley, Chairman By: Ruth Gossard
Recording Secretary
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