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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. 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