1995-05-19il MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT
DISTRICT #1 MEETING
FRIDAY, MAY 19, 1995, 2:00 P.M., 505 S. VULCAN AVENUE
CALL TO ORDER / ROLL CALL
Chairman Oakley called the meeting to order at 2:04 P.M.
Board Members Present:
Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn Truax
Absent: None
Also Present:
GHAD Attorney Harold Coleman, Director of Engineering, Alan Archibald, Risk Manager, Jace
Schwarm, Jeff Cooper of BSI, Ed Watts, President of Leucadia SeaBluffe Village Community
Assn. Inc., Recording Secretary Jo Ann Pine. City Manager Lauren Wasserman attended part
time.
There being a quorum present, the meeting was in order.
ORAL COMMUNICATIONS: None
REGULAR AGENDA
1. Approval of 4/28/95 meeting minutes
Chairman Oakley noted the addition of resolution numbers and two or three other corrections
to copies mailed to board members 5/12/95.
Pierce moved, Frickman seconded to approve the April 28, 1995 Minutes as presented this
date. Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce,
Gwenn Truax. Nays: None
2. Treasurer's Report - Don Pierce
Treasurer Pierce distributed copies of a spread sheet showing a new account added for
advertising. He has moved $500.00 out of the contingency fund for advertising. He's still
attempting to trigger a mid -month accounting closer to our meeting date.
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Oakley moved, Frickman seconded to approve the April 30, 1995 Financial Statement.
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 Errors and Omissions Insurance.
Board Member Frickman asked Risk Manager Jace Schwarm for the most recent findings
regarding insurance. Risk Manager Schwarm distributed packets from the Robert Driver
Insurance Co., Sharon Nash, with their best findings to date for Errors and Omissions and
General Liability coverages.
Risk Manager Schwarm pointed out the City's disclaimer at the top of the memo, explaining the
City has been assisting the GHAD in their search for insurance but the decision to purchase
insurance rests solely with the GHAD Board of Directors. The GHAD Board and their attorney
should assess their needs, review the quotes, and make contact with Insurance Broker Robert
Driver Co., Sharon Nash, to determine what will be purchased.
The Board decided to have a separate study session on insurance at their July 21st meeting - if
quotes can be extended through that date. Sharon Nash of Robert Driver Co. will be invited to
attend that meeting.
Risk Manager Schwarm reviewed the Mt. Airy Insurance Co. and American International
Specialty Lines quotes on Public Officials Errors and Omissions. She also reviewed Classic
Insurance Co., and Interstate Fire and Casualty Co. quotes on General Liability Coverage.
Consensus: GHAD Attorney Coleman will contact Robert Driver Co. and prepare for the study
session tentatively set for July 21, 1995.
7. Consider Applications of Voluntary Petitioners:
Jerrold & Linda Schnoebelen Petitioner #5
Leucadia SeaBluffe Village Petitioner #6
Community Association, Inc.
This item taken out of order.
Petitioner #5 not in attendance. Chairman Oakley noted attendance was not required for Board
action.
Resolution #95 -022
Frickman moved, Favero seconded to approve adding Petitioner #5, Jerrold and Linda
Schnoebelen to the GRAD property owners. Motion carried. Ayes: Lou Favero, Robert
Frickman, David Oakley, Don Pierce, Gwenn Truax. Nays: None.
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Petitioner #6.
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Mr. Ed Watts, spokesperson for Leucadia SeaBluffe Village Community Assn., Inc., stated there
are 255 units in their complex and 52 of them are on the bluffs - with 2000 ft. of waterfront.
They are interested in gathering information and must have a board resolution of their own
before they can officially join the GHAD.
Resolution #95 -023
Oakley moved, Favero seconded to add the Leucadia SeaBluffe Village Community Assn.,
Inc. to the GHAD at such time as their board passes a resolution duly ,adopting their
joining the GHAD. Motion passed. Ayes: Lou Favero, Robert Frickman, David Oakley,
Don Pierce, Gwenn Truax. Nays: None.
8: BSI Assessment Engineer - Jeff Cooper
This item taken out of order.
Mr. Jeff Cooper, Sr. Vice President of Barryman and Henniger, (formerly BSI) Management
Finance Division, is a consultant for public agencies assisting with management and financial
issues. He came to discuss the process to establish an assessment district. He distributed a
Statement of Qualifications and presented a schematic describing the process. Mr. Cooper
recommended doing a feasibility study and estimated the cost would be approximately
$10,000.00. He reviewed the 1911, 1913, 1915 and Mello Roos Acts as they apply to the
process. Chairman Oakley requested a formal proposal from Mr. Cooper by June 8th to be
mailed out with the June 16th meeting packets. Chairman Oakley suggested we schedule the
assessment study be completed by December 1995.
Resolution #95 -024
Frickman moved, Favero seconded to invite a proposal from Barryman and Henniger.
Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn
Truax. Nays: None.
Note: Risk Manager Jace Schwarm recommended we have Berryman and Henniger include a
hold harmless and indemnity clause naming the GHAD and the City of Encinitas, and that the
proposal be open for sixty (60) days.
Board Member Favero suggested each GHAD Board Member prepare a list of all possible types
of incidents by which they can possibly be sued. These should be sent to Chairman Oakley by
June 7th to be included in agenda packets for the June 16th meeting.
GHAD Attorney Coleman stated that Prop. 13 does not apply to assessment districts - unless
they are improperly written. If improperly written and judged a tax, Prop.
13 would apply for voting.
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9. Father Han's Seawall Request Letter
This item taken out of order.
For the record officially voted on last month, Resolution #95 -018, Chairman Oakley read a letter
from Father Han dated 4/28/95, confirming last months verbal request brought in by Board
Member Frickman regarding seawall construction approval.
4. LCP Committee - Lou Favero
Board Member Favero stated he is continuing to compile information from various sources in
an effort to keep the Board informed as plans develop.
11. By -Law Amendment for Declaring _a Public Nuisance
This item taken out of order.
Discussion revealed that the GHAD, as a public entity, has the power to declare a public
nuisance. Chairman Oakley asked GHAD Attorney Coleman to prepare an amendment to the
GHAD By -Laws covering "Public Nuisance."
Board Member Favero was excused at 4:27 p.m.
10. G.H.A.D. Philosonhv - Policy for directors attending other governmental agency
meetings.
Chairman Oakley stated he had been invited to speak to a Newport Beach, Dover Shores group
about formation of a GRAD. Their engineer offered to pay him but legally Board Members
cannot accept payment. As a policy of the Board, Board Members speaking publicly can state
they are a GHAD Member and can share information but must qualify that they are speaking
for themselves personally, "as a person ", not officially for GRAD.
Consensus: As a policy of the GHAD Board, Board Members speaking publicly can state they
are a GHAD Member and can share information but must qualify that they are speaking for
themselves personally, "as a person ", not officially for GHAD.
12. Discussion of Administrative Assessment to GHAD Members.
This item taken out of order.
This topic was covered in earlier discussion. Item 12 to be held for a future discussion when
appropriate.
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5. Report of Board Member Truax regarding Research of Grants and Loans
Board Member Truax shared materials she had received from the Department of Boating and
Waterways. Extra copies will be place in our files. Director Truax stated she is walking
through a reverse mortgage process with a friend to learn how it works. She will be sharing the
information with Board Members at future meetings.
6. Secretar y ' s Report - Robert Frickman
Secretary Frickman reported he had received a letter from Charles Randle regarding our
$1400.00 payment to him for the Plan of Control'. Secretary Frickman will respond to Mr.
Randle and include a copy of our transmittal letter that accompanied that payment. The letter
instructed Mr. Randle to appear before the GHAD Board if he had any questions regarding the
payment - sent as "payment in full" if cashed.
13. Chair's Report
a) Chairman Oakley spoke before the City Council May 10th regarding their proposal for
developing a Comprehensive Plan and he spoke in favor of it. He suggested the GHAD Board
of Directors feels the City should proceed.
b) Chairman Oakley spoke with Assistant City Manager Benson regarding resolutions passed by
the GHAD, i.e., Voluntary Sand Mitigation Replenishment Assessment District. It is still
pending. The City is discussing how to handle it. Chairman Oakley stated that we were waiting
to hear about our request for fee waivers for the City for GHAD Members. He was told that
item had been turned over to the City Attorney's Office.
c) Prop. 13 will have no affect on the GHAD Assessment District as long as the District is duly
carried out according to 1911, 1915 or Mello Roos Acts.
d) SeaBluffe Assn. correspondence will be found in each directors folder today.
e) Draft ideas from Self - Realization Fellowship received May 19, 1995.
f) Chairman Oakley gave each board member a copy of Mayor DuVivier's letter, dated April
24, 1995, to the Coastal Commission stating he thought it was a very good letter protesting
California Coastal Commission's modifications etc., to the LCP as not in the City's best interest.
14. Future Agenda Items
There we no agenda items suggested at this time.
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15. Determine next meeting date.
The next meeting of the GHAD is Friday, June 16, 1995, 2:00 pm., in the Poinsettia Conference
Room.
ADJOURNMENT
Chairman Oakley adjourned the meeting at 4:47 p.m.
David S. Oakley, Chairman Byr ;` Jo Ann Pine
Recording Secretary
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