1995-01-20• •
MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT
DISTRICT #1 MEETING
FRIDAY, JANUARY 20, 1995, 3:00 P.M. 505 S. VULCAN AVENUE
CALL TO ORDER / ROLL CALL
Chairman Oakley called the meeting to order at 3:02 p.m.
Board Members Present:
Lou Favero, Robert Frickman, David,Oakley, Don Pierce, and Gwenn
Truax.
Absent: None
Also Present:
Attorney Warren B. Diven, Assistant City Manager Benson, City
Engineer Jensen, Risk Manager Schwarm, and Sr. Office Specialist
Hollywood.
There being a quorum present, the meeting was in order.
ORAL COMMUNICATIONS
Luann Knotts impressed on the GHAD that it was imperative for the
Board to cover and gather as much information as quickly as
possible including the hiring of an attorney and the development of
an assessment district. She also requested the Board to meet more
often.
REGULAR AGENDA
1. Approval of December 17, 1994 Meeting Minutes.
Pierce moved, Frickman seconded to approve the December 17, 1994
meeting minutes as presented. Motion carried: Ayes: Lou Favero,
Robert Frickman, David Oakley, Don Pierce, and Gwenn Truax; Nays:
None.
3. Carlsbad Seawall Funding -- Report to be given by Board Member Truax.
This item was taken out of order.
Board Member Truax reviewed information she had obtained regarding
funding of the Carlsbad Seawall. She spoke to an employee of the
City of Carlsbad who indicated the funding for the seawall had been
obtained from various sources and they were in the process of
trying to acquire additional funding for a second section of the
seawall.
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Board Member Truax read the following statement from a sign located
on the Carlsbad Seawall, "Carlsbad Boulevard Seawall, State Beach
Erosion Control Project, Major Funding by the State of California,
A Cooperative Project Between the City of Carlsbad and the
California Department of Boating and Waterways ".
By consensus, appointed Board Members Truax and Pierce as the point
people for obtaining and collecting information regarding funding
for the seawall.
2. Liability Insurance Report -- Report to be given by Board Member Frickman.
Board Member Frickman stated that applications for errors and
omissions insurance and liability insurance had been sent to the
following: Wood- Gutmann Insurance Brokers, a private insurance
broker; and the Special District Risk Management Authority, a Joint
Powers Insurance Authority comprised of 165 special districts.
Risk Manager Schwarm indicated
quotes from both sources should
could be made.
that within the next two weeks
be obtained and then a decision
5. Discuss Property Owner Fees to be Paid to GHAD. City and /or Coastal Commission,
etc for Seawall Construction, etc -- Report to be given by Crtv Engineer Jensen.
This item was taken out of order.
City Engineer Jensen reviewed the law and procedures for expanding
and annexing new territories into the GHAD.
Chairman Oakley stated it was his understanding that if a property
owner officially requested a seawall through the GHAD and the GHAD
applied for the building permit, then the property owner would not
have to pay the conditional use permit fee because it was one
government agency working with another government agency. City
Engineer Jensen indicated there was some question regarding that
interpretation.
By consensus, authorized Chairman Oakley to send a letter to the
City requesting official clarification regarding waiving the
Conditional Use Permit Fee for those property owners who officially
request a seawall through the GHAD.
8. Coastal Bluff ReLyulations to be Proposed this Year to Meet Coastal Commission
Deadline.
This item was taken out of order.
Chairman Oakley stated it was his understanding that the GHAD Board
Members as well as the Sea Coast Preservation Association members
would be consulted in helping the City arrive at bluff regulations.
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Assistant City Manager Benson stated there was still some
disagreement as to what action the Coastal Commission took
regarding the bluffs as a part of the Encinitas Local Coastal Plan.
Chairman Oakley asked if there was any objection to his attending
SANDAG meetings as either a private citizen or GHAD Board Member.
By consensus, authorized Chairman Oakley to begin attending SANDAG
meetings as a private property owner until more information was
made available to the Board regarding sand replenishment, etc.
By consensus, directed staff to add an item to the next agenda
regarding the development of a policy for Board Members attendance
at other agency meetings.
6. Interview Attorneys.
This item was taken out of order.
The following Attorneys were interviewed by the Board: Robin
Harris and William Strausz of Richards, Watson, Gershon; Terry
Kilpatrick and Wayne Brechtel of the Environmental Law Center; and
Bob Gaglione and Harold Coleman of McInnis, Fitzgerald, Reese, and
Sharkey.
Board Member Pierce left the meeting at 4:50 p.m.
aZ,6 Favero moved, Frickman seconded to select Bob Gaglione and Harold
Coleman of McInnis, Fitzgerald, Reese and Sharkey as the attorneys
for the GHAD. Motion carried: Ayes: Lou Favero, Robert Frickman,
David Oakley, and Gwenn Truax; Nays: None; Absent: Don Pierce.
By consensus, authorized Staff to prepare a contract with the firm
of McInnis, Fitzgerald, Reese, and Sharkey and authorized Chairman
Oakley to execute said agreement.
Board Member Favero left the meeting at 5:25 p.m.
4. Discuss Annual Budget for FY 95196.
By consensus, authorized the budget to be modified as follows:
increase Legal Units to 80 hours at the Unit Cost of $125 for a
total of $10,000 and include wording stating "There is no budget
herein for purposes of establishing an assessment district or
preparing a bond issue for any purpose ".
7. Interview Recording Clerk for GHAD Meetings.
This item was withdrawn from the agenda.
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9. Determine Next Meeting Date.
Board Member Frickman left the meeting at 5:30 p.m.
The next meetings for the GHAD were scheduled for Friday, February
10, 1995, at 3:00 p.m. and Friday, February 24, 1995, at 3:00 p.m.
ADJOURNMENT
Chairperson Oak ey declared the meeting adjourned at 5:35 P.M.
David Oakley, Chair m By: Kathy Hol ood
Sr. Office Specialist
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