1995-03-31MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT
DISTRICT ##1 MEETING
FRIDAY, MARCH 31, 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, Gwenn Truax.
Absent:
Board Member Don Pierce was excused by Chairman Oakley.
Also Present:
Attorney Robert Gaglione, Engineering Services Director Alan Archibald, Risk Manager Jace
Schwarm, Robert Trettin and Recording Secretary Jo Ann Pine.
There being a quorum present, the meeting was in order.
ORAL COMMUNICATIONS
1. Alan Archibald, Director of Engineering Services, also representing Community Development
Director Sandra Holder, gave an update on their most recent meeting with the Coastal
Commission regarding the Encinitas Bluff Plan, stating again that the comprehensive plan must
be completed by Nov. 17, 1995.
Director Archibald also had a request from the SEC regarding the lower bluff walls, asking if
there would be any objection to the contractors working early morning hours (3 am -4 am), at
low tide over the next couple months, to complete their work by May 30th. There were no
objections.
2. Matthew Kasting, 182 Neptune Ave. Mr. Kasting made inquiries about GHAD membership,
current wall construction and effect to adjoining properties and liability.
3. Irene Petz, 144 Neptune Ave. Mrs. Petz expressed concern about the lack of signs or
warning to the public in the hazardous bluff area.
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REGULAR AGENDA
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1. Approval of 31305 Meeting Minutes.
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Chairman Oakley noted the following changes: Pg. 2, No. 3, Line 1 ...letter and e_tht
addresses... ; Pg. 4, No. 10 b, Line 1 - Change date from March 29 to read April 29th.
Favero moved, Frickman seconded to approve the March 17, 1995 Minutes as corrected.
Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Gwenn Truax. Nays:
None. Board Member Don Pierce - excused absence.
2. Public Hearing to consider Adding Four Properties to GHAD #1.
Voluntary petitioners are:
Stanley Canter
Paul Denver
Margaret Bailey /Brown
Petitions #1 and #2
Petition #3
Petition #4
N�,11 Frickman moved, Favero seconded that GHAD District #1 accept voluntary petitioners
Canter, Denver and Bailey /Brown - all four properties effective this date. Motion carried.
Ayes: Lou Favero, Robert Frickman, David Oakley, and Gwenn Truax.' Nays: None.
Board Member Don Pierce - excused absence.
Chairman Oakley stated the petitioners would be receiving documents of membership.
Chairman Oakley asked if the three petitioners would be willing to share the cost ($28.50) of
publishing the Legal Notice, as required by law. Petitioners agreed. A billing for $9.50 each
will be mailed to each petitioner.
7. Voluntary Sand Replenishment Assessment District - Trettin
This item taken out of order.
Robert Trettin of The Trettin Company of San Diego; a government relations project
development firm, made a presentation on a Sample Mitigation Fund Assessment District Annual
Costs.
Oakley moved, Frickman seconded that the GHAD petition the City of Encinitas to set up
�C, a Voluntary Assessment District to receive the funds for sand replenishment assessment
district needed b December 15 1995. Motion carried. Ayes: Lou Favero Robert
�� Frickman, David Oakley and Gwenn Truax. Nays: None. Board Member Don Pierce -
excused absence.
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6. Discuss G.H.A.D. /City Bluff Failure Liability and Emergency Resolution.
This item taken out of order.
Frickman moved, Oakley seconded to petition the City of Encinitas that the GHAD has
become aware of a possible safety problem during the construction of the seawalls that are
currently being built along the bluffs in the City of Encinitas, as evidenced by the block
failure of the lower cliff on Feb. 26, 1995. Therefore, the GHAD requests that the City of
Encinitas declare a safety zone until these walls are completed, from the toe of the cliffs
seaward seventy -five feet, from 312 Neptune Ave., to the District's northern boundary, 524
Neptune Avenue, as it is unsafe for pedestrians or beachgoers and the GHAD currently has
no authority or power to protect the public safety. Motion carried. Ayes: Lou Favero,
Robert Frickman, David Oakley and Gwenn Truax. Nays: None. Board Member Don
Pierce - excused absence.
Chairman Oakley called for a ten minute recess at 3:50 pm.
Chairman Oakley called the meeting back to order at 4:02 pm.
3. Report of Board Member Frickman and Risk Management regarding
Liability /Errors and Omission Insurance.
Board Member Frickman called on Risk Manager Jace Schwarm for the latest update. Risk
Manager Schwarm reported that American International Specialty Lines Insurance Co., who
declined to give us a quote earlier, now gave us a quote on Public Officials Errors and
Omissions Insurance for $500,000 coverage at a cost of $2434.32 per year. Risk Manager
Schwarm went back to them asking for a quote on one million dollars coverage. There are
several conditions to the quote including - subject to placement and maintenance of general
liability coverage. The broker, Robert Driver Insurance Co., is still working on liability and
further reports will be forthcoming. Another condition of coverage will be the completion and
acceptance of the GHAD District Code (By- Laws).
4. Petition City of Encinitas to Spearhead Legislation to Exempt GHAD from Legal
Liability Insurance Coverage etc.
Chairman Oakley stated he had had a conversation with Mayor DuVivier on this subject and the
Mayor suggested the City might consider initiating state legislation on behalf of the GRAD.
Oakley moved, Favero seconded that GHAD petition the City of Encinitas to spearhead
legislation to add a clause to the GHAD Law that makes it clear that the GHAD, created
q� pursuant to the Public Resources Code Sections on the GHAD, are immune, as are other
public entities in the State of California. Motion carried. Ayes: Lou Favero, Robert
Frickman, David Oakley and Gwenn Truax. Nays: None. Board Member Don Pierce -
excused absence.
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9. Continue Hearing Krista Rose's request for loan of $45,500.
This item taken out of order.
Oakley moved, Frickman seconded to petition the City of Encinitas to loan the GHAD
(,kNq $45,500.00 to build Rose's seawall on any basis. In lieu of construction schedule, this is an
emergency request due to the fact that adjacent walls are under construction at this time.
Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley. Nays: Gwenn
Truax. Board Member Don Pierce - excused absence.
5. Clarify G.H.A.D. Philosophy
Consensus to continue this item to April 28, 1995 meeting.
10. Report of Board Member Frickman regarding costs for reproduction of GHAD
documents and records etc., (Exception- Minutes). Also consider fee for public
advertising in local newspaper(s), as required by law, for adding additional
properties etc.
Consensus to continue this item to April 28, 1995 meeting.
8. Report of Board Member Favero regarding Seawall Regulations for City LCP due
November 1995.
This item taken out of order.
No report at this time. Favero stated he had just received materials and will have a report for
the April 28th board meeting.
11. Proposed G.H.A.D. Filing System.
Consensus to continue this item to April 28, 1995 meeting.
Jo Ann to request a copy of City's filing system index from City Clerk.
12. Proposed District Code (By -Laws) Update - Gaglione
Attorney Gaglione distributed copies of the latest revisions to the District Code to all Board
Members. Chairman Oakley, having had an advance copy, went over his changes /comments
with the entire group. Attorney Gaglione stated he would have copies of the final draft to Board
Members by Monday, April 9th. Final approval and acceptance expected to be voted on at the
April 28, 1995 Board Meeting.
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13. Chair's Report.
a. Check ($1400.00) to Charles Randle, P.E. for Plan of Control to be marked "Paid 'in
Full, " and to be sent with a cover letter restating " payment in full" for services rendered.
b. Chairman Oakley asked Attorney Gaglione to research the legal reference giving GHAD
Board authority to add unwilling properties up to 49% of assessed valuation of those voluntarily
petitioning to join the GRAD.
C. Chairman Oakley asked Attorney Gaglione to research doctrine on Mutual Support - Bluff
vs. Beach, so that he can respond to inquiry of GHAD Member Mr. Alexanddr.
d. Future Minutes will note time of departure of any Board Members during the course of
a meeting.
e. Chairman Oakley requested a copy of enumerated attorney expenses. Mr. Gaglione
provided one copy. Jo Ann to provide copies for all board members in the next agenda packet.
f. Chairman Oakley asked Attorney Gaglione for an information sheet on enumerated and
term expenses directors can be reimbursed for. Sec. 5238 Article 11 of the Corporations Code.
g. Chairman walked bluff area with Robert Trettin and Lee McEachern of Coastal
Commission checking February 26, 1995 failure.
h. Chairman Oakley wants to develop a numbering system for resolutions, property
annexing and public meetings.
i. Chairman Oakley will prepare a letter to the Coastal Commission regarding waiver of
fees and hopes to have a response before the April 29th Seacoast Preservation Annual Meeting.
j. Chairman Oakley said he'd met with Assistant City Manager Jim Benson and discussed
the GHAD and Seacoast Preservation not being included at recent meetings with the Coastal
Commission. Mr. Benson said Communidy Development Director Sandra Holder will be setting
up future meetings and we will be notified.
k. All future agendas will include a Treasurer's Report and the naming of all standing
committees. This is to provide the opportunity for all chairs to report, but is not meant to imply
everyone is to make a report each time.
1. Chairman Oakley advised board members that the Recording Secretary's statement for
Feb. 27 -Mar. 24, 1995 services was in their meeting folders for information.
M. Chairman Oakley and Treasurer Pierce have paid West Coast Community Newspapers
for publishing of legal notices.
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n. Chairman provided board members with Coastal Commission information sheet regarding
sand replenishment.
14. Request for Future Agenda Items.
The following items were requested to be on the next agenda:
1. All Standing Committees;
2. Discuss Board of Directors asking building contractors to add GHAD Board as
additionally insured;
3. Followup on request in behalf of Krista Rose.
15. Determine next meeting date.
The next meeting of the GHAD is April 28, 1995, 2:00 p.m.
ADJOURNMENT
Chairman Oakley adjourned the meeting at 5:05 p.m.
David S. Oakley, Chairman By: Jo Ann Pine
Recording Secretary
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