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."
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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.
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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
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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
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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
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