1994-12-17MINUTES OF ENCINITAS GEOLOGIC HAZARD ABATEMENT
DISTRICT 0 ORGANIZATIONAL MEETING
SATURDAY, DECEMBER 17, 1994, 10:00 A.M.; 505 S. VULCAN AVENUE
CALL TO ORDER / ROLL CALL ,
Board Member David Oakley called the meeting to order at 10:11 A.M.
Board Members Present:
Lou Favero, Robert Frickman, David Oakley, Don Pierce, and Gwenn
Truax.
Absent: None
Also Present:
Assistant City Attorney Francesca Krauel, Assistant City Manager
Benson, Engineering Director Archibald, Risk Manager Schwarm,
Deputy City Clerk Cervone
There being a quorum present, the meeting was in order.
ORAL COMMUNICATIONS
Paul Gozzo said he initially supported rip -rap but now that the
district was formed he wanted to build a lower bluff wall at 528
and 554 Neptune Avenue.
Krista Rose said she had Coastal Commission approval to build a
bluff wall but had not been able to obtain authorization from her
ex- husband, Dr. Rose. She said whatever the District could do to
assist her, would be appreciated.
David Oakley said once an attorney was obtained for the district,
this issue could be addressed.
REGULAR AGENDA
1. Select Temporary Chairman
Frickman moved, Favero seconded to nominate David Oakley as
temporary chairman. Motion carried: Ayes: Lou Favero, Robert
Frickman, David Oakley, Don Pierce, and Gwenn Truax; Nays: None.
2. Director questions and concerns with staff re:
a. Meeting procedures
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b. By -laws
It was determined that the By -laws would be developed once an
attorney was retained for the district.
C. Director's legal responsibilities and duties
d. Public meeting procedures
Assistant City Manager Benson reviewed the Ralph M. Brown Act.
e. Liability and errors and omissions insurance
There was discussion of personal exposure to litigation and the
cost of insurance. It was suggested that Council be asked to help
financially with the insurance.
Oakley moved, Pierce seconded to appoint Robert Frickman to work
with the City's Risk Manager, Jace Schwarm, in ,researching
insurance costs of similar districts and report back his findings
at the next meeting. Motion carried. Ayes: Lou Favero, Robert
Frickman, David Oakley, Don Pierce, and Gwenn Truax; Nays: None.
f. Any matter of concern to each Director
Chairman Oakley asked that a budget study session be held for the
next meeting. It was suggested that the District approach the City
Council for financial assistance.
Board Member Frickman asked that the issue of annexation be
resolved as soon as possible to allow any property owner to annex
to the GHAD.
The following item was taken out of order to accommodate the
attorneys to be interviewed.
6. Presentations by potential legal advisors
The following Attorneys were interviewed by the Board; Linda Bartz
and Peggy McCarberg; Dwight Wardon, and Gerald Dawson.
Board Member Truax said she was given the name of an attorney, Mr.
Kilpatrick, that may be interested in representing the District.
She was asked to contact Mr. Kilpatrick and if he was interested,
notify Risk Manager Schwarm to schedule an interview with the Board
at their next meeting. In addition, Ms. Schwarm was asked to
contact attorney Mike Hogan to see if he would be interested in
providing legal counsel to the Board. The Board consensus was to
select an attorney at the next meeting.
Assistant City Manager Benson said the City Clerk staff could
provide support at the District's meeting in January.
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3. Elect Permanent Officers
Frickman moved, Truax seconded to appoint David Oakley as permanent
Chair for one year. Motion carried. Ayes: Lou Favero, Robert
Frickman, David Oakley, Don Pierce, and Gwenn Truax; Nays: None.
Truax moved, Frickman seconded to appoint Lou Favero as Vice -
Chairman for one year. Motion carried. Ayes: Lou Favero, Robert
Frickman, David Oakley, Don Pierce, and Gwenn Truax; Nays: None.
4. Establish Regular Meeting Schedule and Official Address for
Correspondence and Directors, Mail
The consensus of the Board was to use the City Hall address, at 505
South Vulcan, attention: Engineering Dept, as the GHAD address.
The next meeting of the Board was scheduled for Friday, January
20th at 3:00 P.M.
ADJOURNMENT
Pierce moved, Frickman seconded to adjourned the meeting at 12:35
P.M. Motion carried: Ayes: Lou Favero, Robert Frickman, David
Oakley, Don Pierce, and Gwenn Truax; Nays: None.
5 6
David Oakley, Chairm
J
eborah Cervone,
Deputy City Clerk
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