1995-10-200 0
ENCINITAS G.H.A.D.
Geologic Hazard Abatement District No. 1
MINUTES OF
FRIDAY, OCTOBER 20,1995,2:00 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: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley.
BOARD MEMBERS ABSENT: Lou Favero.
ALSO PRESENT: GHAD Attorney Robert J. Gaglione, Assistant City Manager Jim Benson,
Risk Manager Jace Schwarm, Engineering Director Alan Archibald, Recording Secretary Kim
Ramsden.
Chairman Oakley announced that Board Member Lou Favero, by way of letter, has resigned
from the GHAD Board effective October 19, 1995.
ORAL COMMUNICATIONS:
Gary Martin, 576 Neptune Avenue, stated he wants to know what to tell prospective buyers
regarding fees in the Encinitas GRAD.
REGULAR AGENDA
1.
Approval of August 181995 meeting minutes.
Pierce moved, Oakley seconded to approve the minutes of the August 18, 1995. Motion
carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None.
Absent: Lou Favero.
2. Approval of August 30 1995 special meeting minutes.
Board Member Truax stated the angry tenor of the meeting was not accurately reflected in the
minutes. She stated that more of what the speakers said should be included in the minutes.
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Truax stated that on page four, second paragraph a statement needs
to be added at the end of the paragraph to show that she does not
feel this is a realistic number.
Truax moved, Pierce seconded to continue the approval of the August
30, 1995 Special Meeting Minutes to the December 1995 GHAD meeting,
and directed that the Minutes be rewritten in order to better
reflect the tenor of the meeting, and to specifically add to page
four, second paragraph, the sentence "Board Member Truax does not
feel this is a realistic number." Motion carried. Ayes: Robert
Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None.
Absent: Lou Favero
3. Treasurer's Report
Board Member Pierce presented the Treasurer's report. Pierce
stated he intended to add to future reports the Feasibility Study
expense as a separate line item to show funds as they are paid out
for the study.
Truax moved, Frickman seconded to approve the Treasurer's Report.
Motion carried. Ayes: Robert Frickman, Don Piece, Gwenn Truax,
David Oakley. Nays: None Absent: Lou Favero
4. Consider Application of Petitioners.
(a) Dale & Marjorie Myers, 1112 Neptune Ave., #009
Marjorie Myers, 1112 Neptune Ave., stated she is joining the CHAD
for the good of the neighborhood and as a insurance policy for her
property.
Resolution #95 -034
Truax moved, Pierce seconded to approve Petitioner #009, the Myers'
application to join the GRAD. Motion carried. Ayes: Robert
Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None
Absent: Lou Favero.
(b) Marcia Goodman, #007
Chairman Oakley announced that Goodman telephoned him and requested
her application be withdrawn at this time. Board Member Pierce
stated the publication fee is not a recoverable expense, and that
applicants need to be made aware the fee is not refundable. Board
Member Pierce stated when Ms. Goodman reapplies she would be
subject to publication and mailing fees. Chairman Oakley stated
that Ms. Goodman at the Aug. 18, 1995 CHAD Meeting agreed to pay
all CHAD expenses incurred by her withdrawal.
(c) Bank Property, #008
Resolution #95 -035
Pierce moved, Frickman seconded to add the property at 630 Neptune
to the GRAD, subject to receipt of a written request to join from
new owner Ed Boyd. Motion carried. Ayes: Robert Frickman, Don
Pierce, Gwenn Truax, David Oakley. Nays: None Absent: L.Favero.
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Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None. Absent:
Lou Favero.
5. Board Member Frickman's report on insurance.
Board Member Frickman presented the insurance report. He stated as a result of Resolution
#95 -030 they have increased their excess liability by one million dollars at the cost of $1,552.
He stated premiums have been paid.
Risk Manager Schwarm confirmed the premiums have been paid, and stated the broker could
be contacted when further changes to the policy become necessary.
6. Board Member Favero's LCP report.
a) Report on Corps of Engineers Study. No report available.
7. Board Member Truax's Report/comments
Board Member Truax requested the administrative summary sheet be changed, as follows, to
reflect the correct minute action: Resolution No. 95 -012 corrected to show Truax voted Nay not
Aye; Resolution No. 95 -015 corrected to show Truax voted Nay not Aye; and Resolution No.
95 -015 corrected to show Pierce was absent and did not vote Aye.
8. Assessment District Feasibility Study Agenda and Schedule of Production
GHAD Attorney Gaglione stated that GHAD Assistant Attorney Coleman reviewed the
consultant contract and that there were no major revisions, however, some minor modifications,
not dealing with the scope or fee for services, were completed and the revised contract is ready
for signature.
Board Members concurred to continue agenda Item 8 later in the meeting when BSI
Consultants, Inc. arrive.
9. Majority Debt Limit
GHAD Attorney Gaglione briefly spoke about the majority debt limit law and stated it applies in
the event of an assessment, but is not relevant to the GHAD at this time.
10. Discuss Issuing Newsletter
Board Member Frickman stated putting out more information was a good idea, but until we are
further along in the process a lot of what could be said is speculation. He stated if the
newsletter is kept simple it could work.
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Board Member Pierce stated it is important to inform people about action that has been taken
by the GHAD, not on what action is being contemplated. He stated he agreed that opinions
should be left out of the newsletter, and it is GHAD's duty to inform others about what the
GHAD is doing. Chairman Oakley appointed Board Member Pierce to take charge of
organizing GHAD's newsletter, and GHAD Board Members concurred. Board Members
further concurred to consider newsletter items for approval at the end of each GHAD
meeting.
8. Assessment District Feasibility Study Agenda and Schedule of Production
Jeff Cooper, Barryman & Henigar, 11590 West Bernardo Court, Suite 100, San Diego,
presented his firm's revised Professional Services Agreement for signature. Cooper reviewed
Exhibit "C ", the Work Schedule, which outlined anticipated meetings and timelines through to
February 1996.
Cooper responded to questions from Board Members. Chairman Oakley signed the contract
on behalf of GHAD No. 1.
Risk Manager Schwarm asked GHAD Attorney Gaglione whether proper insurance certificates
had been submitted and reviewed for Consultants Barryman & Henigar. Cooper stated he
would provide the City with the required certificates.
Board Member Pierce requested Board Members not express their opinions, or make
statements to the public about the study prior to its' presentation.
11. Mr. Favero's Request to turn Directorship of GHAD over to City Council
Franz Vagner, 1090 Neptune, stated he did not understand the relationship between GHAD
and the City. Chairman Oakley responded to Vagner's question and briefly outlined the
background and formation of GHAD.
Chairman Oakley recessed the meeting at 3:10 p.m. and reconvened it at 3:20 p.m.
Board Members concurred to withdraw agenda items 11 and 12.
12. Mr. Favero's Request to turn Directorship of GHAD over to City Council and /or
Methods of Dissolution of GHAD.
13. Respond to Mr. Alexander's Letter of 6/15/95 and Drs. Canter & Paul Denver's
letter of 9/30195 requesting withdrawal from GHAD.
Chairman Oakley stated that Drs. Canter and Denver could not attend, and that Mr. Alexander
died on the 15th of September.
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GHAD Attorney Gaglione stated the only way of getting out of GHAD is by dissolution of the
GHAD. He stated an opportunity for the estate of Mr. Alexander to withdraw from the GHAD
would have to be accomplished by modifications to the by -laws. He stated that GHAD law has
been in effect since 1979 and no one has ever tried to dissolve a GHAD.
Pierce moved, Truax seconded to direct Board Member Frickman to write a letter on
behalf of the GHAD to the Alexander estate to inform them of current GHAD by -laws and
include condolences to the family on behalf of GHAD members. Motion carried. Ayes:
Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None. Absent: Lou
Favero.
14. Chair's Report
Chairman Oakley stated he would like property owners to pay the California Coastal
Commission sand assessments to the City of Encinitas. GHAD Board Members concurred
to authorize Chairman Oakley to write a letter to Assistant City Manager Jim Benson
requesting the set -up of a voluntary sand assessment district account'to hold
assessment payments until there is a decision regarding sand replenishment.
Chairman Oakley referred to his earlier statement regarding Board Member Lou Favero's letter
of resignation. GHAD Board Members concurred to authorize Chairman Oakley to write a
letter to Mr. Lou Favero accepting his letter of resignation, with regret.
Chairman Oakley acknowledged receipt of a copy of Engineering Director Archibald's memo
dated August 29, 1995 to the GHAD Attorney. GHAD Attorney Gaglione stated his
understanding from the City was that all those involved in the abandonment of the Seaside
Gardens County Park bluff face would be renotified prior to Council consideration. GHAD
Board Members concurred to place on a future agenda an item discussing Engineering
Director Archibald's letter, the attorney's response, and the GHAD Board Members'
request that the City notify affected property owners.
15. Questions of Attorney by Board Members,
Board Member Frickman asked if the City would pay an assessment if during the formation of
an assessment district the City was found to be a benefiting party GHAD Attorney Gaglione
stated the City's assessment district consultants could easily respond to that.
Chairman Oakley appointed Board Member Frickman as temporary Vice - Chairman until
a fifth member is elected by the GHAD. Board Members concurred.
16. Future Agenda Items.
Pierce motioned, Truax seconded to elect a fifth Board Member at GHAD's December
meeting. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David
Oakley. Nays: None. Absent: Lou Favero.
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17. Confirm next meeting date as November 17, 1995, 2:00 p.n.
Board Members confirmed November 17, 1995 at 2:00 p.m. as the next date to meet.
ADJOURNMENT:
Chairman Oakley adjourned the meeting at 3:55 p.m.
David S. Oakley, Chairm
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By: Kim Ramsden (,J�
Recording Secretary
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