1995-06-16ENCINITAS G.H.A.D.
Geologic Hazard Abatement District No. 1
MINUTES OF
FRIDAY, JUNE, 16, 1995 - 2:00 P.M.
Encinitas City Hall
505 South Vulcan Avenue
POINSETTIA CONFERENCE ROOM
CALL TO ORDER / ROLL CALL
Chairman Oakley called the meeting to order at 2:03 P.M.
Board Members Present:
David Oakley, Don Pierce, Gwenn Truax
Absent: Lou Favero and Robert Frickman were excused for personal reasons.
Also Present: GHAD Attorney Harold Coleman, Director of Engineering, Alan Archibald, Risk
Manager Jace Schwarm, City Engineer Hans Jensen and Recording Secretary Jo Ann Pine.
Guests: Jeff Cooper, Sr. Vice President. Berryman & Heniger, Assessment Engineering
ORAL COMMUNICATIONS: None
REGULAR AGENDA
1. Approval of May 19, 1995 meeting minutes
Pierce moved, Truax seconded to approve the May 19,'1995 Minutes. Motion carried.
Ayes: Dave Oakley, Don Pierce, Gwenn Truax. Nays: None. Absent: Lou Favero and
Robert Frickman.
2. Treasurer's Report - Don Pierce
Treasurer Pierce revievtred two adjustments made on the accounting system to cover the Maps
and Photo and Advertising accounts. He also noted that he had added a new Cash Received
Account to receive advertising payments for legal notices published.
Truax moved, Oakley seconded to approve the May 31, 1995 Financial Statement as
submitted. Motion carried. Aves: Dave Oakley, Don Pierce, Gwenn Truax. Nays: None.
Absent: Lou Favero and Robert Frickman.
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4. Report of Board Member Truax regarding Research of Grants and Loans.
This item taken out of order.
Director Truax reported receipt of the book "Your Retirement Nest Egg - Reverse Mortgages" -
to be filed in the GHAD Library. She stated that the book contained good detailed information.
Director Truax requested the names, addresses and phone numbers of all people'in the GHAD
District for Board Members. Recording Secretary Pine to obtain requested information.
3. Report of Board Member Frickman and Risk Manager Jace Schwarm regarding
Insurance Proposals.
a) Discuss July Special Meeting - "Insurance Study Only"
This item taken out of order.
With Director Frickman absent this meeting, Risk Manager Jace Schwarm stated she had no new
information at this time. She wanted to confirm information on the July 21st meeting for
Insurance Study with Sharon Nash of Robert Driver Co. The Special Insurance Study Session
will be at 12:00 noon in the Poinsettia Room. The regularly scheduled GHAD Board Meeting
will follow at 2:00 p.m.
5. Seawall at 560 Neptune Avenue
Chairman Oakley asked Director of Engineering Alan Archibald to give a status report on the
seawall being constructed without permit. Director Archibald stated staff had been on site this
date, 6/16/95, measuring the wall for volume and to compare the amount of concrete. He stated
it appears the wall was built - 1) Without a foundation of enough substance to support the wall,
2) It probably was poured with inadequate amounts of reinforcing bar; 3) It appears that they
are ready to pour the next section Saturday 6/17/95. The City is deciding what they will do if
concrete shows up at the 7:41 am low tide. It appears the contractor will be pouring from the
top - that equipment will not be dragged across the beach. Director Archibald stated the
contractor had already been cited to stop construction. Mr. Archibald showed Board Members
photos of the site taken earlier in the day. Chairman Oakley showed Board Members photos
he'd taken at the same site on June 8, 1995.
6. Berryman & Heniger Proposal for Assessment Engineering
Chairman Oakley and Board Members Truax and Pierce asked Jeff Cooper of Berryman &
Heniger several questions regarding his proposal. Mr. Cooper stated that all costs were firm
and explained that should the GHAD terminate the project before completion, a schedule for
specific percentages for payment was outlined in the proposal. Board Members recommended
this item be continued to the July meeting at which time all Board Members can share in the
discussion and decision.
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7. Chair's Report
a) Chairman Oakley gave Board Members a new copy of the GHAD Meeting Schedule.
b) Chairman Oakley stated there is one new voluntary application to join the GHAD, 530 "A"
Street, assessed valuation at $822,000. There also is a house in foreclosure at 630 Neptune
Avenue with an assessed valuation at $622,000 and the Chairman asked the Board for permission
for him to write a letter to the owner requesting the property be added to the GHAD at the July
21st Public Hearing. He explained the GHAD Law provides for such additions.
With the Board's permission, Chairman Oakley introduced Gary Martin, Realtor, of the North
San Diego County Association of Realtors who came seeking information for potential buyers
of GHAD properties. Mr. Martin stated his difficulties in getting consistent and correct
information from Encinitas City Staff. Potential buyers get one story from their realtor and
another from the City Planning Department. GHAD Board Members and Mr. Martin feel the
need for the City of Encinitas to develop a information sheet regarding appropriate GHAD
information and clarification. Board Member Pierce asked Attorney Coleman to prepare a letter
to the City requesting preparation of the information sheet.
Attorney Coleman commented that the seller must disclose all information to a potential buyer
which should include GHAD membership etc. He pointed out that all GHAD documents are
filed with the City Clerk and are available for public inspection.
c) Chairman Oakley noted several items purchased that require reimbursement to Recording
Secretary Jo Ann Pine and himself. Payment approved per Resolution 95 -016.
1) Photo Development, D. Oakley (illegal seawall) $6.72
2) Del Mar Office Products, J. Pine
2 Rubber Stamps (OK to Pay, GHAD- Eng.Dept.) $18.89
3) Book - Your Retirement Nestegg- Rev. Mortgages $19.63
d) Chairman Oakley noted again the issuance of the stop order for seawall construction today,
6/16/95, based on violations of the contractor not adhering to agreed procedures.
e) Chairman Oakley distributed copies of the City of Encinitas Resolution 95 -57 wherein the
City states its intention to abandon a portion Seaside Garden County Park in Leucadia to
adjacent property owners.
f) Chairman Oakley distributed copies of a notice from the Corps of Engineers of the Encinitas
Reconnaissance Study Public Workshop scheduled for Monday, June 26, 1995 in Council
Chambers.
g) Chairman Oakley gave an update on resolutions proposed by the GHAD to the City earlier.
1) Voluntary Sand Replenishment District - Still working on request.
2) Waiver of Fees from the City - Hopefully staff will have response for July 21st. mtng.
3) How do we legally record the addition of new GHAD properties? Response from City staff
July 21st.
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4) More City help for the GHAD? The City Attorney has recommended that the City
continue as is, no new help for GHAD at this time.
h) Chairman Oakley distributed copies of a letter from Leucadia SeaBluff Village Community
Assn., dated June 1, 1995, following their appearance at our May meeting.'
i) Chairman Oakley asked Attorney Coleman to comment on adding an amendment to the GHAD
By -Laws regarding Public Nuisance. Attorney Coleman said he'd spoken with the City Attorney
who stated the GHAD Law says the GHAD has the power to declare only - not abate. There is
no express grant of such power.
j) Chairman Oakley asked Board Members for permission to send a letter to the Coastal
Commission regarding the non - permitted seawall at 560 Neptune property stating GHAD's
position on seawall construction without permits. Board Members were reluctant to become
involved because of exposure without liability insurance.
Oakley moved, Truax seconded to approve the letter (See attached Text) to the City and
Coastal Commission. Motion carried. Ayes: Dave Oakley. Nays: Don Pierce. Abstained:
Gwenn Truax. Motion failed.
k. In response to the Chair's question, Attorney Coleman commented he'd contacted both
insurance companies proposed by Robert Driver Company and neither policy embraces
subsidence issues. He is still working with the Robert Driver rep and will have much more
information for July 21st.
Mr. Coleman further stated that there are now seven (7) other GHADs in California and none
of them have liability coverage - however, they are indemnified by their sponsoring cities.
Some of them are operating without by -laws. Mr. Coleman is seeking information from these
other groups. When the Encinitas GHAD inquired earlier, the City was not interested in
indemnifying the Board.
1. The Chairman asked Attorney Coleman to respond to the Chair's letter dated June 12, 1995,
on the scope of the GHAD's responsibility. The attorney stated the GHAD Law includes the
power to monitor.
8. Future Agenda Items
a. Insurance
b. Assessment District Feasibility Study
c. Adding of Additional Properties:
Marcia Goodman
Bank Property
530 "A" St., Vol. Petitioner #7
630 Neptune Ave., Petitioner #8
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9. Determine next meeting date and study session.
The next meeting of the GHAD is Friday, July 21, 1995. Insurance Study Session at 12:00
noon followed by the regularly scheduled Board Meeting at 2:00 p.m. Both meetings to be
conducted in the Poinsettia Room.
ADJOURNMENT
Chairman Oakley a
David S. Oakley, Chairman
the meeting at 3:12 p.m.
-4,41s, _ � _
By: Jo Ann Pine
YZecording Secretary
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DRAFT
t June 13, 1995
City of Encinitas
California Coastal Commission
Re: 560 N *ptuae Avenue, Encinitas, California
Gentlopersons:
The City of Encinitas Geologic Hazard Abatement District
(GRAD) has become aware of a seawall which was apparently
constructed without a permit at the property located at 560 Neptune
Avenue in the City of Encinitas. This letter is written to advise
you that the GRAD was not consulted prior to the construction of
this seawall and it is our understanding that permits were not
issued by the City of Encinitas. Therefore, please take whatever
action you deem necessary at this time and advise us whether we can
be of any assistance in this matter.
Thank you for your attention to this matter.
DSO: j c
cc: CHAD Board Members
Cc o
� RIC-ti
Respectfully,
DRAFT
David S. Oakley
Chairperson GRAD