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1995-12-150 ENCINIT G.H.A.D. Geologic Hazard Abatement District No. 1 MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT DISTRICT #1 MEETING FRIDAY, DECEMBER 15, 1995 - 2:00 P.M. CALL TO ORDER / ROLL CALL Chairman Oakley called the meeting to order at 2:02 P.M. BOARD MEMBERS PRESENT: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley ALSO PRESENT: GRAD Attorney Robert Gaglione, Assistant City Manager Jim Benson, City Clerk Deborah Cervone, Engineering Director Alan Archibald, Berryman & Henigar Sr. V.P., Jeff Cooper, Assessment Engineer, Recording Secretary Jo Ann Pine ORAL COMMUNICATIONS: None. REGULAR AGENDA: 1. Approval of October 16, 1995 Joint Meeting with City Council Minutes Truax moved, Pierce seconded to approve the October 16., 1995 Special Meeting Minutes. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None 2. Approval of October 20, 1995 Board Meeting Minutes Item 4. b) second paragraph corrected to read publication fee. For the record, Chairman asked that the following be added: At the August 18, 1995 GHAD Board Meeting, Marcia Goodman agreed to pay any and all GHAD expenses that had been incurred by her withdrawal. These would include publication fee for the required legal notice and the cost of mailing to residents within 300 feet of her property. Director Truax asked that Item 7, Board Members Summary Sheet of resolutions be corrected and distributed. Oakley moved, Truax seconded to approved the October 20, 1995 Meeting Minutes as corrected. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None. 3. Approval of August 30, 1995 Special Meeting Minutes Director Truax asked that page 4, second paragraph be amended to include her statement that she did not feel this is a realistic number or a total Board opinion. Director Truax also asked that the term "quick claim" on pages 6 and 7 be corrected to read "quit claim." 12/15/95 G.H.A.D MTG Page 1 Mtg #95 -14 Frickman moved, Pierce seconded to approve the August 30, 1995 Special Meeting Minutes as corrected. Motion carried. Ayes: Robert Frickman, Don Pierce, David Oakley. Nays: Gwenn Truax 4. Treasurer's Report - Don Pierce Treasurer Pierce explained two new items included in this report ending November 30, 1995. Oakley moved, Truax seconded to approve the November 30, 1995 Financial Statement as written. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None. 11. 1996 Budget This item taken out of order. Treasurer Pierce distributed copies of a Proposed 1996 Budget. Because of some 1995 shortfall, increased amounts are projected for insurance coverage and clerical staff. 'The projected total is $60,340.00, $23,000.00 more than 1995. Board Members were asked to review the proposed budget by the next meeting. This item to be continued to the January 19, 1996 Board meeting. 6. Continued Public Hearing to approve Resolution 95 -034 to formalize adding D. & M Myers to GHAD #1. This item taken out of order. Chairman Oakley stated that Resolution 95 -034, approved earlier, has been put in a more appropriate legal form. Signatures are required and the document will then be forwarded to the City Council. Copies of the signed document will be provided to Board Members. 5. Continued Public Hearing regarding Foreclosed Property at 630 Neptune Ave. (New owner - Ed Boyd) Chairman Oakley stated that he'd contacted Mr. Boyd earlier regarding the hearing and to date had received no response. The Chairman's opinion is that this ends the public hearing. Director Truax asked if a full disclosure statement could be drafted for potential petitioners. GHAD Attorney Gaglione suggested this might be premature. He feel the Board should wait until they receive the Berryman & Henigar Feasibility Study Report in February. Directors Truax and Pierce then suggested a moratorium be declared on accepting new petitioners. Resolution #95 -036 Truax moved, Pierce seconded that the GHAD Board not accept additional non - voluntary memberships at this time. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax. Nays: None Abstained: David Oakley. 12/15/95 G.H.A.D MTG Page 2 Mtg #95 -14 • • 7. Major Debt Limit - GHAD Attorney R. Gaclione Attorney Gaglione distributed copies of Part V of the Majority Debt Limit Law for Board Members information. 8. Assessment District Feasibility Study Draft Report - J. Cooper Assessment Engineer Jeff Cooper did a walk through the Feasibility Study Draft with Board Members encouraging questions and comments for the next draft - prior to a meeting with the property owners. Director Pierce requested a special meeting in January for an in- depth review of the document. Board Members were asked to mark up their current document, include additional questions and comments and send a copy to Mr. Cooper. A special Feasibility Study Meeting was scheduled for Friday, January 19, 1995, 9 am to 11 am in the Poinsettia Room. All members agreed to the time and place for a study meeting. Following a five minute recess, Chairman Oakley reconvened the meeting at 3:40 p.m. 9. Request for withdrawal from GHAD Membership dated 9/30/95 from Drs. Denver and Canter. Dr. Paul Denver, representing Dr. Canter as well, stated their desire to withdraw from the GHAD because they feel insufficient information was given at the time the petitioned to join, and, to date they have been unable to obtain permits to build their walls. GHAD Attorney Gaglione stated that the GHAD Law does not provide for member withdrawal - only by dissolution of the GRAD. Chairman Oakley pointed out to Dr. Denver that there would be no assessment cost to he or Dr. Canter until such time as they construct their seawall. At that time then, membership in the GHAD would save them several thousand dollars in permit fees. Dr. Denver asked then, in view of the above information, the item be tabled for now. 10. Discuss By -Law Amendment Art. VII - Election of Board Members and Art VII, Sec. 3, Election and Term of Office of Directors. Chairman Oakley called for nominations to fill the directors seat vacated by the resignation of Lou Favero. Resolution #95 -037 Truax moved, Pierce seconded the nomination of Wanda Fulton to complete the unfulfilled term (3 yrs.) of Lou Favero. Pierce moved, Oakley seconded that the nominations be closed. Motion carried. Ayes: Robert Frickman, Don Pierce, Gwenn Truax, David Oakley. Nays: None 12. Personnel and Consultant Review Chairman Oakley asked Board Members if they had any questions of Attorney Gaglione regarding 1996 services. Director Pierce asked if 12/15/95 G.H.A.D MTG Page 3 Mtg #95 -14 • • the legal firm anticipated any fee increase in 1996. Attorney Gaglione stated he felt things would remain status quo for 199 as to their hourly rates. 13. Report of Robert Frickman regarding his attendance at the Nov. 1st, California Shore & Beach Preservation Assn.(CSBPA) Dinner Meeting. Director Frickman described the topics discussed and said it was a good meeting although he grows frustrated with some of the same old discussions. Chairman Oakley noted that Director Frickman had paid his own registration fee - there was no cost to GRAD. 14. Discuss what Documents should be published and given to Potential Petitioners to loin GRAD. This item to be continued to the February Board Meeting. 15. Nominations for 1996 Officers This item to be continued to the January 19th Board Meeting 16. Chairs Report and /or Board Members Comments a) Chairman Oalkey pointed out new photographs of the Oct. 30, 1995 cave in at "H" Street. b) Chairman Oakley announced the City had been given a one year extension on their LCP and suggested that the GHAD might have some dark dates then after February. c) Chairman Oakley gave Board Members copies of the Chairman's acceptance for the Board, of L.Favero's resignation dated 10/19/95. d) The Chairman gave Board Members copies of the letter to Mrs. Alexander regarding her request for withdrawal from the GHAD. e) Chairman Oakley distributed copies of Certificates of Insurance approved by the GHAD Attorney. f) Chairman Oakley gave a brief report on the Dec. 8th GRAD Workshop sponsored by our attorneys. He stated there were twenty - two in attendance. It appears that Encinitas is ahead of the three other GHADs in that we are the only ones with By -Laws. The Malibu group left copies of their brief with participants and Chairman Oakley stated this was available for review by Board Members. Chairman Oakley noted that there was no expense to GHAD for his attendance. g) Chairman Oakley distributed copies of his letter from the City of Encinitas regarding relief from liability by state legislation dated October 25, 1995, from Asst. City Manager Jim Benson. h) Chairman Oakley announced his receipt of a letter from Recording Secretary Jo Ann Pine resigning her position and requesting 12/15/95 G.H.A.D MTG Page 4 Mtg #95 -14 0 0 replacement within 30 -60 days. He suggested he would ask the City for assistance in locating a replacement. i) Chairman Oakley stated he'd provided to Board Members in their packets a January 11, 1996 Public Workshop Notice. This workshop will be on the Comprehensive Coastal Bluff and Shoreline Erosion Plan. Members are encouraged to attend. Board Members Comments Director Pierce commented on a couple of recent newspaper articles wherein neighboring communities (Oceanside, Del Mar, Mission Beach and Imperial Beach) were receiving monies for sand replenishment. He Asst. City Manager Benson why Encinitas was not in the game. He suggested the GHAD Board write the City a letter. Chairman Oakley stated that Mayor Jim Bond is the council member closest to the sand issue. Asst. City Manager Benson stated that Mr. Bond is our resident expert and he has been to Washington lobbying for monies. The reefs off Encinitas present a'problem in getting sand to our beaches. Mr. Benson suggested it might be more effective if the GHAD Board speak with Mayor Bond and then write a letter to our Congressman regarding the sand issue. At this time Mayor Bond is working on pumping sand on to the beach from a barge offshore. Director Pierce stated he felt the newspaper should have stated why Encinitas was not included. Director Truax asked about the possibility of a sand storage facility for Encinitas. Chairman Oakley suggested Director Pierce rough out a letter, meet with Mayor Bond and work out the text. 17. Items for Newsletter - Don Pierce Director Pierce will prepare a newsletter to be included in next month's packets. 18. Ouestions of Attorney by Board Members None 19. Future Agenda Items a) Director Pierce's Letter on Sand Replenishment b) Quit- Claiming of Bluffs - Alan Archibald 20. Confirm next meeting date as January 19, 1996, 2:00 -P.m. There will be a special Feasibility Study Meeting on Friday, January 19, 1996 from 9 -11 a.m. The regularly scheduled GHAD Board Meeting will follow at 2:00 p.m. ADJOURNMENT: Chairman Oakley a ourned the meeting at 4:20 p.m. David S. Oakley, Chairman `By: Jo Ann Pine ,- Recording Secretary 12/15/95 G.H.A.D MTG Page 5 Mtg #95 -14