1995-08-18t
ENCINITAS G.H.A.D.
Geologic Hazard Abatement District No. 1
MINUTES OF
FRIDAY, August 18, 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 2:05 P.M.
Board Members Present:
Lou Favero, Robert Frickman, David Oakley, Don Pierce. Gwenn Truax
arrived at 2:12 p.m.
Absent: None
Also Present:
GHAD Attorney Harold Coleman, Asst. City Manager, Jim Benson, Risk
Manager, Jace Schwarm and City Engineer Hans Jensen.
Guests: Jeff Cooper, Sr. Vice President Berryman & Heniger,
Assessment Engineer
ORAL COMMUNICATIONS: None
REGULAR AGENDA
1. a) Approval of July 21 1995 Special Meeting - Insurance Study
Session Minutes
Pierce moved, Frickman seconded to approve the Minutes of the July
21st Special Insurance Study Meeting. Motion carried. Ayes: Lou
Favero, Robert Frickman, David Oakley, Don Pierce. Nays: None
Truax had not arrived when this vote was taken.
b) Approval of July 21st Recrular Board Meeting Minutes
GRAD Attorney Coleman asked that a word on Page 4, Item 8, Para. 2,
Sentence 2 be changed from mitigate to abate.
Frickman moved, Pierce seconded to approve the July 21st Regular
Meeting Minutes as corrected. Motion carried. Ayes: Lou Favero,
Robert Frickman, David Oakley, Don Pierce. Nays: None.
2. Treasurer's Report - Don Pierce
Treasurer Pierce distributed and reviewed the July 31, 1995
Financial Statement. The Treasurer pointed out that the Legal
Counsel funds were running low and we have funds to pay just one
more month.
Pierce moved, Truax seconded to accept the Financial Statement as
presented. Motion carried. Ayes: Lou Favero, Robert Frickman,
David Oakley, Don Pierce, Gwenn Truax. Nays: None
3. Consider Applications of Petitioners:
Marcia Goodman 530 'A' Street Petitioner #7
Bank Property 630 Neptune Ave. Petitioner #8
Marcia Goodman (Pet. #7) asked to withdraw her application at this
time pending consultation with her attorney. So as to avoid
incurring additional public notice and mailing costs, the Board
agreed to continue her application as well as Petitioner #8 to the
October GHAD Board Meeting. Marcia Goodman agreed to'pay any costs
to GHAD.
Resolution #95 -027
Pierce moved, Frickman seconded to table Agenda Item #3, including
the Bank Property until the October 20th meeting and to ask Ms.
Goodman to pay the Public Notice advertising costs of $29.40 and
mailing cost of $9.28 for a total of $38.68. Motion carried.
Ayes: Lou Favero, Robert Frickman, David Oakley, Don Pierce, Gwenn
Truax. Nays: None
4. Report of Board Member Frickman regarding Insurance Proposals
and Randle Engineering status
Director Frickman introduced Risk Manager Jace Schwarm who reviewed
points in the most recently received insurance packet and invited
questions. A Robert F. Driver Ins. representative was also standing
by by phone to answer questions. A lengthy discussion followed
with Asst. City Manager Jim Benson assisting with answers as well.
Resolution #93 -028
Oakley moved, Frickman seconded to approve the purchase of General
Liability and Errors & Omissions Insurance as itemized under NOW,
(attached) costs and limits effective this date (Aug. 18,1995)
thereby setting a annual renewal date; with authority to spend the
$7500.00 we have available as soon as possible to bind coverage,
and the GRAD will go to the City Council for the difference.
Motion carried. Ayes: Lou Favero, Robert Frickman, David Oakley,
Don Pierce. Nays: None. Abstained: Gwenn Truax
Director Frickman stated that to date he has had no response to his
letters to Mr. Randle regarding fees to prepare the GHAD Plan of
Control, so we should consider the matter a dead issue and
Treasurer Pierce can consider the bill paid in full.
08/18/95 G.H.A.D MTG Page 2 Mtg #95 -10
• •
5. Berrvman & Heniger Proposal for Assessment Engineering
Chairman Oakley stated that per Board concensus at the 7/21/95
meeting, he had written a letter to the Encinitas City. Council
requesting $14,700 for the Berryman & Heniger proposed Feasibility
Study. On Wednesday, Aug. 16th, the City Council authorized $14,700
for a feasibility study. Jeff Cooper, Vice President of Berryman
& Heniger confirmed that his company would be willing to sign all
the requested documents i.e., hold harmless clause, indemnify the
City of Encinitas and the Encinitas GHAD, and certificates of
insurance would show the City and the GHAD as additionally insured.
The contract is to be completed by the February 1996 GHAD Board
Meeting providing there are no additional delays approving their
contract.
Oakley moved, Frickman seconded to award the contract for a
feasibility study to Berryman & Heniger based on their August 8,
1995 proposal - to be completed oil or before the third Friday in
February 1996. Motion carried. Ayes: Robert Frickman, David
Oakley, Nays: Lou Favero, Don Pierce. Abstained: Gwenn Truax
Motion failed.
Director Pierce proposed calling a Special Meeting of all beach
front owners to inform them of costs associated with the
administration of the GHAD, goals of the GHAD and the advantages of
joining the GHAD. The meeting is to be scheduled for Wednesday,
August 30th, 7:00 p.m. in the City Council Chambers. The
Engineering Department will provide the GHAD with address labels of
all ocean facing property owners to be noticed.
In response to Chairman Oakley's letter to the City regarding
recording of GHAD Resolutions approving new petitioners for
membership, City Engineer Hans Jensen advised the Board that the
GHAD map has now been recorded and State Law requires that all GHAD
resolutions approving new petitioners must be forwarded to the City
Council for approval - then they are recorded. New properties can
only be added with the approval of both the GHAD and City Council.
6. Board Member Favero's Report on the LCP Committee
Chairman Oakley stated that Board Members had a handout in today's
packet on the Comprehensive Plan to address Coastal Bluff Recession
and Shoreline Erosion. He stated further that City Council had
approved hiring Moffatt and Nichol Engineers to conduct the study.
Director Favero stated he had nothing additional to report at this
time.
7. Board Member Truax's Report on Research for Grants and Funds
Director Truax stated there has not been a lot forthcoming. She
suggested the only possibility she'd found might be the Department
of Boating and Waterways and maybe we should contact them again at
this time. Director Truax stated that while Reverse Mortgages
offer many possibilities, it is very expensive. It costs
approximatley $7,000.00 just to get started. Asst. City Manager
08/18/95 G.H.A.D MTG Page 3 Mtg #95 -10
•
•
Jim Benson stated that the Engineering Dept. and all the City's
analysts continue to be on the lookout for possible funding for the
GHAD.
8. Discuss issuing a Newsletter to all GHAD Members
This item was put on hold until after the August 30th meeting.
9. Consider issuing Statement regarding GRAD Goals & Advantages
Director Favero read to the Board a letter he'd drafted describing
the purpose of the GHAD and advantages of membership. He
recommended mailing the letter to current GHAD Members. Recording
Secretary Pine will prepare a typed draft and Attorney Coleman will
review and approve prior to mailing. GHAD Board will take this up
again at their September or October meeting.
10. Chair's Report
a) Mr. Gozzo's 120 ft. Seawall was filed with the City 6/9/95.
b) Chairman Oakley sent a letter to the Realty Board
requesting permission to make a presentation to them. His
request has been referred to their Government Affairs
Committee for a possible date in October.
c) Seaside Park abandonment was held August 16th, and
continued for further study.
d) $14,700 was approved by City Council (Aug. 16th) to permit
GHAD to contract with Berryman & Heniger for a Assessment
District Feasibility Study.
e) Chairman Oakley stated he'd sent a letter and GHAD
applicaiton to potential petitioners Irene Petz and Victor
Laroux. Board Members suggested he revise his letter to
state the possibility of future costs.
Resolution #95 -029
Truax moved, Favero seconded the motion to have Chairman
Oakley review future correspondence with the Board prior to
mailing. Motion carried. Ayes: Lou Favero, Robert
Frickman, Don Pierce, Gwenn Truax. Nays: David Oakley.
f) Next meeting if the petitioner at 1112 Neptune Ave.
($255,374), is added, it would allow GHAD to add another
non - contigous property at a lesser assessed value.
g) The City of Encinitas will pursue GHAD's Resolution #95 -007
regarding Sand Replenishment Fund.
h) Chairman Oakley had asked the City to pursue immuniity for
the GHAD Board under Public Resources Code. A reply is
expected from Asst. City Manager Jim Benson.
i) Recording Secretary Jo Ann Pine will be away the months of
October and November. Kathy Hollywood will be asked to
cover.
08/18/95 G.H.A.D MTG Page 4
Mtg #95 -10
• •
11. Questions of Attorney by Board Members
a) Director Truax asked Attorney Coleman to research the right
of refusal of a property owner - to refuse to accept bluff
property.
Mr. Coleman will be checking with City Attorney Roger Krauel.
b) GHAD Law states property owners cannot withdraw from GHAD.,
i.e., people cannot withdraw from any special assessment district.
c) Attorney Coleman was asked to research and explain the
majority debt limit law as regards GHAD.
12. Future Agenda Items
a) Myers Property at 1112 Neptune Ave, Petitioner #009, plus
another non - petitioning property.
b) Respond to Mr. Alexander's Letter of 6/15/95
c) Additional funds for Operation of the GRAD.,
13. Confirm next meeting date. Depending on the outcome of the
August 30th meeting, a Board Meeting is tentatively set for
September 15, 2:00 p.m.
ADJOURNMENT:
Chairman Oakley adjourned the meeting at 4:40 p.m.
S:7
David S. Oakley, Chai an
08/18/95 G.H.A.D MTG Page 5
'B : Jo Ann Pine
ecording Secretary
Mtg #95 -10
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