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1995-04-28MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT DISTRICT #1 MEETING FRIDAY, APRIL 28, 1995, 2:00 P.M., 505 S. VULCAN AVENUE CALL TO ORDER / ROLL CALL Chairman Oakley called the meeting to order at 2:02 P.M. Board Members Present: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Absent: None Also Present: Attorney Robert Gaglione, Engineering Services Director Alan Archibald, Risk Manager Jace Schwarm, Recording Secretary Jo Ann Pine. Council Member Gail Hano and Engineer Hans Jensen attended part time. There being a quorum present, the meeting was in order. ORAL COMMUNICATIONS 1. Board Member Gwenn Truax reported that she's experiencing harassment from someone possibly opposed to her role in the GHAD organization. Beginning in January 1995, she started receiving unsolicited magazine subscriptions and merchandise. The magazines do not appear to be relevant to issues of GHAD concern. In her attempts to terminate the subscriptions she was advised that these cancellations could affect her credit rating. At this time she is in working with Postal Authorities and their Fraud Board in an attempt to identify the responsible individual(s). 2. Director of Engineering Services Alan Archibald discussed methods of forming a G.H.A.D. Assessment District. He suggested having Assessment Engineer Jeff Cooper attend the May 19th GHAD Board Meeting. Mr. Archibald stated it was too late to make the tax rolls for this year but the GHAD should make plans now for next year. REGULAR AGENDA 04/28/95 G.H.A.D MTG Page 1 Mtg #95 -06 • • 1. Approval of 3/31/95 meeting minutes Frickman moved, Favero seconded to approve the March 31, 1995 Minutes as written. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None. 5. Report of Board Member Truax regarding Research of Grants and Loans. This item taken out of order. Board Member Truax reported that she had received replies from several government agencies to her inquiry about grants and loans for the GHAD. Governor Wilson's office wrote that they were forwarding her letter to Toxic Substance and Control who would then send it to the appropriate agency. Craven's office suggested she contact the Department of Boating and Waterways who had assisted the City of Carlsbad with the construction of their seawall. Pamela Slater referred her to San Diego County Office of Disaster Preparedness. To, date, Geological Engineer Kim Sterrett of the Department of Boating and Waterways has been the most helpful with information. Board Member Truax stated there was a book on Reverse Mortgages available for $19.00, that might be a good resource for the GHAD. Consensus was to purchase the book. Jo Ann will order. 7. Father Han Coastal Major Use Permit. This item taken out of order. Board Member Frickman had spoken with Father Han who was ill and unable to attend our meeting. Dr. Frickman, on behalf of Father Han, requested GHAD approval for seawall construction. Design approval by the County Coastal Commission and the City of Encinitas is already in place. A letter from the contractor, SEC, dated April 28, 1995 confirms the wall design. Truax moved, Frickman seconded to approve Father Han's request for GHAD approval to fill the gap in the seawall to be constructed. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None. 3. Report of Board Member Frickman and Jace Schwarm, Risk Management, regarding Liability /Errors and Omissions Insurance. This item taken out of order Board Member Frickman asked Risk Manager Jace Schwarm for an update. Risk Manager Schwarm stated she had nothing new to report. The broker is still searching for liability 04/28/95 G.H.A.D MTG Page 2 Mtg #95 -06 • • coverage. There is no subsidence insurance available anywhere in the country! Risk Manager Schwarm later reported she's spoken with Wood - Guttman Insurance representative for the two (2) Los Angeles area GHAD Districts, and they discussed the possibility of forming a Joint Purchase Group. As the City's broker is searching, she stated the urgency of a reply and will have something for the May 19th meeting. Chairman Oakley stated the Encinitas City Council had discussed possible litigation problems in closed session this week but to date he had no additional information. 12. Discuss Paul Gozzo Lower Seawall. This item taken out of order. Paul Gozzo submitted a letter to the GHAD, dated April 28, 1995, requesting approval to join the Richard's group that is constructing lower seawalls. Dr. Richard's property is adjacent to Mr. Gozzo's on the south side. The same City approved Soil Engineering Construction plans are to be used. GHAD Attorney Gaglione suggested Mr. Gozzo ask SEC, the contractor, to name him as additionally insured on their policy during the construction period. Chairman Oakley stated the fifteen foot gap must be closed as part of the Gozzo /Sawtelle request for GHAD approval. 6 Oakley moved, Favero seconded to approve Paul Gozzo joining the Richard's construction f project to make a continuous wall from Mr. Milis' parcel through the Gozzo /Sawtelle parcel. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None. 9. Clarify G.H.A.D. Philosophy. This item taken out of order. Discussion focused on maintaining "voluntary" participation in the GHAD, the gathering of appropriate information regarding resources, permit process, cost savings, construction application process, and advantages of assessment district to help those who do not have funds to build walls themselves. Director of Engineering Alan Archibald suggested other special districts started small and developed assets. Once value is developed, we should charge for that value in GHAD future assessment fees. The GHAD was organized to fill the need of community government to save dollars, time and governmental delays. Further, GHAD is to help abate the geologic hazards. 2. Treasurer's Report - Don Pierce. Treasurer Pierce reviewed budget report form and expenditures accounting to give more timely reports to the Board. He will request a mid -month 04/28/95 G.H.A.D MTG Page 3 Mtg #95 -06 • • Frickman moved, Truax seconded to approve the Treasurer's Report. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None. 4. Report of Board Member Favero regarding Seawall Financing. Director Favero stated it had been his intention to assist Director Truax in seeking seawall financing information and now that was complete. As a result, the Committee for Methods to Finance Seawalls, (Feb.24, 1995 GHAD Minutes) is discontinued. 6, Report of Board Member Frickman regarding Costs of Reproduction of GHAD documents and records etc., (Exception- Minutes). Also,consider fee for public advertising in newspapers, as required by law, for additional properties, etc. Board Member Frickman presented a proposed fee schedule for reproduction requests of GHAD By -Laws, Budget, Financial Reports, Petitioners List etc. Chairman Oakley recommended potential petitioners pay the cost of publishing their legal notice. The cost to be shared by all parties named in the notice. Certain documents, i.e., list of GHAD members, petitioners, and resolutions, will not be made available without a Board approval. Pierce moved, Favero seconded approval of Board Member Frickman's proposed reproduction fee schedule. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None. 8. Bluff Failures February 26 and April 7, 1995. The City of Encinitas, in a letter from City Manager Lauren Wasserman dated April 4, 1995, denied the GHAD's request to post a safety zone in the bluff failure area. No further action at this time. Board Member Gwenn Truax was excused at 3:55 p.m. 10. Discuss GHAD Members asking Construction Contractors to name the GHAD as additionally insured during construction of all seawalls. GHAD Attorney Gaglione suggested the GHAD Board send a letter to all GHAD members starting seawall construction suggesting that they ask their contractors to list them (property owner) as additionally insured during the construction period. Chairman Oakley called a ten minute recess at 4:20 p.m. 04/28/95 G.H.A.D MTG Page 4 Mtg #95 -06 • • 11. Final Review of Proposed District Code (By -Laws) - Gaglione GHAD Attorney Robert Gaglione reviewed the GHAD Law documenting support for changing our language of GHAD District Code to GHAD By -Laws. There was a final review of the proposed GHAD By -Laws by Board Members. Two or three words and coordination changes were noted. Oakley moved, Pierce seconded to accept the proposed GHAD By -Laws as presented with 0 v noted changes. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce. Nays: None. Truax excused at 3:55 pm., prior to this resolution action. 13. G.H.A.D. Filing System Board Member Favero made a quick study of the City of Encinitas's filing system guide provided by the City Clerk's Office. Chairman Oakley suggested the City's system' is more involved than GHAD needs at this time. Board Member Favero suggested the GHAD consider following the City's numbering system, preceded by the letter "G" to differentiate from the City. 14. Chair's Report a. Chairman Oakley suggested that part of the GHAD Philosophy discussion should include attendance at other governmental agency meetings. This will be an item for May's agenda. b. Chairman Oakley distributed copies of latest correspondence between the Alexanders and the City dated April 25, 1995. C. Chairman Oakley discussed and submitted a list of Board Member names and titles as prepared for distribution at the Seacoast Preservation Meeting Saturday, April 29, 1995, and for future use. d. Chairman Oakley announced that the City is looking at other entities regarding formation of a Voluntary Sand Replenishment District. The deadline is December 1, 1995, to meet the County Coastal Commission deadline of February 9, 1996. e. Chairman Oakley stated again Alan Archibald's (Eng.) suggestion of inviting Jeff Cooper, Assessment Engineer of BSI to our May meeting. f. GHAD might also require a consulting geologist engineer if we go for an assessment district, to help prepare future bond issues. g. Reminder; May 10th, City will present their Comprehensive Plan of Action to the City Council. On May 3rd Chairman will be meeting with Community Development Staff and other interested parties - sort of a get acquainted meeting. h. Chairman Oakley distributed copies of the City's response to our request for beach closure. (Ltr. dtd. Apr. 7, 1995) 04/28/95 G.H.A.D MTG Page 5 Mtg #95 -06 L Chairman Oakley distributed copies of the letter from the Coastal Commission, dated April 26, 1995, stating the GHAD is exempt from "CDP" application fees for projects proposed within the GHAD's area of responsibility. 14. Request for Future Agenda Items. The following items were requested to be on the next agenda: a. Consider applications of Voluntary Petitioners b. LCP Committee - L. Favero c. BSI Assessment Engineer, Jeff Cooper d. GHAD Philosophy re GHAD attendance at other governmental agency meetings. e. Other 15. Determine next meeting date. The next meeting of the GHAD is May 19, 1995, 2:00 p.m. ADJOURNMENT Chairman Oakley adjourned the meeting at 5:05 p.m. Ae David S. 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