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1995-03-170 0 MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT DISTRICT #1 MEETING FRIDAY, MARCH 17, 1995, 2: 00 P.M., 505 S. VULCAN AVENUE CALL TO ORDER / ROLL CALL Chairman Oakley called the meeting to order at 2:05 P.M. Board Members Present: Lou Favero, Robert Frickman, David Oakley, Don Pierce, and Gwenn Truax. Absent: None Also Present: Attorneys Robert Gaglione & Howard Coleman, Risk Manager Jace Schwarm, Community Development Director Sandra Holder, and Recording Secretary JoAnn Pine. There being a quorum present, the meeting was in order. ORAL COMMUNICATIONS There were no oral communications. REGULAR AGENDA 1. Approval of 2/24/95 Meeting Minutes Chairman Oakley distributed Revised Minutes of the 2/24/95 meeting and noted the following changes: Pg. 1, No. 2, correct Margaret Bailey to read Margaret Bailey /Brown; Pg. 2, No. 5, Line 3, Pierce moved, Favero seconded for the GHAD to annly to State and Federal agencies..., Pg. 3, No. 9, Line 3, District Code(By- Laws). Pierce moved, Truax seconded to approve the revised February 24, 1995 Meeting Minutes. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce and Gwenn Truax. Nays: None 03/17/95 G.H.A.D MTG Page 1 Mtg #95 -04 • 2. Report of Board Member Frickman re Liability /Errors & O i" Insurance. Board Member Frickman gave the floor to Risk Manager Jace Schwarm for an update. Risk Manager Schwarm stated that Robert Driver Insurance Co. is in the process of searching for insurance. They have promised a report on Errors & Omissions coverage for the March 31st GHAD Board Meeting. They are contacting Lloyds of London re liability coverage. Risk Manager Schwarm had spoken with the executive director for the Malibu and Palos Verdes GHAD Districts and while they have had liability coverage, it is being cancelled. Wood - Gutmann is looking for new coverage for them at this time. Companies don't want to insure where subsidence exists in California. GHAD Attorney Gaglione suggested liability coverage might be obtained by requiring contractors and engineering companies who have coverage, to name the GHAD Board and individuals as additionally insured. We can also require Occurrence vs. Claims coverage with a ten year tail for late defects. 3. Report by Board Members Truax & Pierce re Research of Grants and Loans. Board Member Truax stated she'd given JoAnn a letter and eight addresses to make a preliminary contact with government agencies with copies to the City of Encinitas. Board Member Pierce stated that when the letter is out, he and Board Member Truax will schedule a meeting with City personnel to discuss how they might help. Board Member Favero, on behalf of certain members in the GRAD, stated he's spoken with five or six lenders and Reverse Mortgages are no longer available in California. Equity lenders however, may be of assistance. 4. Report by Board Member Favero re Seawall Regulations for City- LCP Due Nov. 1995. No report. Chairman Oakley invited Sandra Holder, Community Development Director, primarily in charge of implementation of the Local Coastal Program, to give us an update. She stated that the City met last week with the Coastal Commission and received approval on our revised findings for the LCP. This means the City is one step closer to having a certified LCP. Changes will now be made as required by the Coastal Commission. At a scheduled meeting in May, Community Development Director Holder stated that the Coastal Commission will certify us and grant permit authority for the entire city, including the bluffs. 03/17/95 G.H.A.D MTG Page 2 Mtg #95 -04 • • Community Development Director Holder and Engineering personnel will meet with the Coastal commission March 29th to better define parameters for development of a comprehensive plan to be presented by Nov. 17, 1995. She suggested that the GHAD Board invite a Coastal Commission Representative to a future Board Meeting. GHAD Board Member Favero and Seacoast Preservation Association will be included in future meetings to prepare for meetings between the City and Coastal Commission. 5. Request t approval to pay the following• Q ,01-v a) Charles Randle, P.E. for Plan of Control ($1400.00) Frickman moved, Favero seconded to pay Charles Randle P.E. for Plan ,of Control for formation of G.H.A.D. and to include a cover letter stating this is payment in full. Motion passed. Ayes: Lou Favero, Robert Frickman, Dave Oakley. Nays: Gwenn Truax. Abstained: Don Pierce. b) Imageland for printing and mounting GHAD area photos ($188.00) Frickman moved, Favero seconded to approve payment of $188.00 to Imageland for C( printing and mounting of G.H.A.D. area photos. Motion passed. Ayes: Lou Favero, Robert Frickman, Dave Oakley, Don Pierce and Gwenn Truax. Nays: None. Note: Budgeted $100.00 for reproduction, balance of $88.00 from contingency fund. c) West Coast Community Newspapers - Public Notice ($28.50) G5 ��Pierce moved, Truax seconded to approve payment of $28.50 to the newspaper for public notice as legally required. Motion passed. Ayes: Lou Favero, Robert Frickman, Dave Oakley, Don Pierce and Gwenn Truax. Nays: None 6. Seawall Financing request by Krista Rose Krista Rose asked the Board to consider assisting her getting a $45,500.00 loan through the City to complete her seawall construction. She stated that she would be agreeable to a contract lien. Chairman Oakley suggested this would be a one time stop gap request. Pierce moved, Favero seconded to take her request under consideration; send a letter to the City to find out what our liabilities are and discuss with GHAD attorney. Chairman Oakley said this request to be continued to the next meeting. 03/17/95 G.H.A.D MTG Page 3 Mtg #95 -04 • • 7. Update on Proposed District Code (By -Laws) This item was taken out of order. The Board reviewed a revised draft of sample by -laws reflecting modifications discussed at their last meeting. Further direction was given to the Attorney to be included in a third and possible final draft of the GHAD District Code (By -Laws) for the March 31,1995 meeting. When District Code (By -Laws) is adopted, all GHAD members will receive a copy. 8. Proposed G.H.A.D. Filing Stem Consensus to continue this item to March 31. 1995 meeting. AS,v 9. Approval of Budget Items already in the Budget Frickman moved, Oakley seconded to approve that the Treasurer and Chairman can approve expenses up to $100.00 per month without specific Board approval - and, can approve Attorney and Recording Secretary statements each month for payment through the City. All expenses to be itemized. Motion passed. Ayes: Lou Favero, Robert Frickman, Dave Oakley, Don Pierce and Gwenn Truax. Nays: None 10. Chairs Report a. Chairman Oakley reported that he had sent the City a letter and five (5) photographs of the Feb. 26, 1996 bluff failure. b. He announced that the Seacoast Preservation Annual Meeting will be April 29th. He wil be one of five speakers scheduled on that date. c. Beginning in May, the Board will meet the third Friday of each month. d. The Chairman asked that each Board Member submit a resume for our personnel records that can be made available to the public if we're asked. e. Chairman Oakley asked Board Members to help dispel rumors that it costs $1,000.00 per year to belong to the GRAD. Right now it costs nothing to belong. As of this date, if the GHAD had to pay back the $23,867.00 start-up loan from the City, the thirty -three property owners would be assessed $723.24 each. With four new properties coming on board this month, that assessment would drop to $645.00. There is no formula for payback at this time. The details are still to be worked out. Added properties will further reduce the assessment. 11. Request for Future Agenda Items The following items were requested to be on the next agenda: GHAD /City Bluff Liability, GHAD Philosophy, Reproduction fees and review third draft of District Code (By- Laws). 03/17/95 G.H.A.D MTG Page 4 Mtg #95 -04 12. Determine Next Meeting Date The next meeting of the GHAD is March 31, 1995, 2:00 p.m. The April meeting is tentatively set for April 14, 1995, 2:00 p.m. ADJOURNMENT Chairman Oakley adjourned the meeting at 5:05 p.m. l David S. Oakley, Chairman By: o Ann Pine Recbfding Secretary 03/17/95 G.H.A.D MTG Page 5 Mtg #95 -04