BOARD OF DIRECTORS
Regular Meeting of March 25, 2005
MINUTES
CALL TO ORDER
A
regular meeting of the Board of Directors of the Pebble Beach Community
Services District ("PBCSD") was held in the District Boardroom on
March 25, 2005. Board President Gary D. Hornbuckle called the meeting to order
at 9:33 a.m.
ROLL CALL
Present: Directors Jeffrey Froke, Gary D.
Hornbuckle, Leo M. Laska, Nancy D. McCullough, Richard Verbanec
Absent:
None
Others Present
Richard Andrews, General
Manager/Board Secretary
Laura Paxton, Board
Clerk, Paxton Ad Hoc
Robert Wellington,
District Legal Counsel
Suha Kilic, Finance
Officer
Dennis Carreiro, Fire
Prevention Battalion Chief, CDF
Jackie Scoggins,
Operations Battalion Chief, CDF
George Haines, Asst.
Unit Chief, CDF, San Benito-Monterey Counties Unit
John Fisher,
Spencer Thompson, PBCSD
resident
Vinod Badani, Vice
President, E2 Consulting Engineers
Ray von Dohren, P.E., General
Manager, Carmel Area Wastewater District (“CAWD”)
Ken White, Director,
CAWD
Sherrick Kernoll, PBCSD
resident
David Hendrick, Former
PBCSD Director
APPEARANCES AND
ORDER OF BUSINESS
President Hornbuckle
welcomed new Director Jeffrey Froke.
Don
Tkachenco, Director of Security, Pebble Beach Company (“PBCo”) and Donna
Galletti, Monterey County Sheriff’s Office, will speak.
Regarding the PBCSD
Board agenda, Mr. Andrews advised the Board to move submitted reports from
President Hornbuckle from item #18 where they were grouped as follows: the
Reclamation Management Committee report is to be moved to item #10, and the
CAWD report is to be moved to item #12A. There were no additions or further
changes suggested to the Agenda.
MINUTES
MOTION 03-05-01
Moved by Director
Laska, seconded by Director Verbanec, and unanimously carried with Director
Froke abstaining, to approve the minutes of the regular Board meeting held
February 25, 2005 and the Special Board meeting held on March 14, 2005.
FINANCIAL MATTERS
The Board received and
reviewed the Statement of Receipts and Disbursements, the Budget
Report, and the Warrants Register for February 2005. Director
McCullough inquired regarding pay for the paid call firefighters exceeding the
budget amount by a significant percent. Finance Officer Kilic stated that a
larger number of paid call firefighters served at the Pebble Beach Fire Station
than estimated in the budget. Chief Haines explained that the paid call
firefighters receive minimum wage and supplement the regular duty firefighters
while obtaining an apprentice opportunity. On an historical note, Mr. Andrews
stated that past Boards did not approve of paid call firefighters working in
lieu of regular duty firefighters, but agreed to support the
supplement/apprentice program. Regarding the
MOTION 03-05-02
Moved by Director
Verbanec, seconded by Director Laska, and unanimously carried, to approve the Warrants
Register for February 2005.
FIRE PROTECTION
Fire Chief’s Monthly
Report
The Board received and
reviewed the monthly fire department operations report. Code 3 priority responses with eight minute
response criteria versus code 2 and code 1 non-life threatening response
requirements were discussed. In response
to Director Verbanec’s inquiry it was clarified that ambulance response times
are calculated to the nearest second by the ambulance company; QRV and fire department
response times are calculated by the fire department to the nearest minute.
MAINTENANCE,
ENGINEERING, AND CONSTRUCTION
Wastewater
collection, treatment and disposal system
The
Board received and reviewed the District Engineer’s Report of Utilities
Operations and Maintenance for 2/17/05 – 3/15/05. District Engineer Niccum
reported orally regarding a minor sewer spill from a line on a Monterey
Peninsula Country Club golf course that was quickly contained before reaching
Sawmill Gulch Creek. Reporting
requirements in this instance are to Monterey County Environmental Health, with
a copy of the report sent to the Regional Water Quality Control Board. Mr.
Niccum reported that a meeting of the Reclamation Project Oversight Committee,
whose membership is comprised of recycled water users representatives, had been
held on March 17th to discuss a schedule for golf courses potable
water flushing cycles during the next irrigation season. Also, the Oversight
Committee scheduled an on-site observation of the Micro-Filtration/Reverse
Osmosis pilot project at the CAWD treatment plan on April 19th . The Committee will also hold its next meeting
at that time.
The
Board received District Engineer Niccum’s memorandum summarizing the status of
the Forest Lake Reservoir component of the Expanded CAWD/PBCSD Wastewater
Reclamation Project. Mr. Niccum noted a typographical error on the date in the
first sentence: August 16th should be March 16th for the
date of execution of the construction contract with Anderson Pacific Engineering.
Further, PBCSD secured a grading permit for the project from the County on
March 24th.
Director
Laska inquired whether the Regional Water Quality Control Board would require
the District to adopt an ordinance regarding the handling and use of the
recycled water to obtain a Master Reclamation Discharge Permit. Mr. Niccum stated that the primary focus of
the Regional Water Quality Control Board for testing or regulation will be
directed toward CAWD and the wastewater treatment plant; the reservoir is
viewed as a “wide spot” in the recycled water distribution system. The District
will be responsible for certain security specifications such as prevention of
recycled water backflow into the potable water system. Mr. Andrews stated his
observation
of some initiative by regulatory agencies toward consolidating permits to
improve the oversight process, however in this case there is no indication of
increasing monitoring requirements. Director Verbanec questioned whether the
stormwater runoff and containment issue now at hand might alter the Regional
Board’s project requirements. Mr. Andrews felt that if any issues are raised in
that regard they would probably be raised by others during the public review
process and would not be pursued by Regional Board staff responsible for the
Master Recycled Water Discharge Permit. Mr. Niccum noted that from the Regional
Board staff’s perspective, stormwater runoff is more of an issue of rain runoff
from golf courses rather than a recycled water application issue.
Director
Hornbuckle requested a revised project schedule be provided to compare with the
initial schedule. Mr. Niccum stated that schedule updates of critical path
items would be provided during the course of the project. In response to
Director Froke’s question, Mr. Niccum clarified the route designated for heavy
equipment use for the project will be Highway 68 to
Mr.
Niccum stated that a representative of the State Department of Fish and Game
viewed the reservoir and the overflow discharge area of Sawmill Gulch. The
representative stated that a new streambed alteration permit may be needed for
the overflow area, and speculated that the Department may have jurisdiction
over the reservoir area because he had observed standing water and vegetation,
which might support Redleg Frog habitat.
If the Department does assert jurisdiction, it would be shared with the
United States Fish and Wildlife Service and conditions would be evaluated to
determine if endangered species are present.
Director
Hornbuckle submitted to the Board a report on the Reclamation Management
Committee meeting he attended on March 18, 2005. Regarding the fourth sentence
of item #4, he said the figure of 27,000 acre-feet of runoff for an average
rainfall year should be corrected to read “2,275” acre-feet.
PBCSD
Capital Improvement Projects
The
Board received and reviewed the District Engineer's monthly status report on
capital improvement projects. Regarding the Pump Station P-7 Wet Well Expansion
Project, repair of the fiberglass tank will be a two-phase process; a substance
will be injected into the ground surrounding the tank, then repairs will be
made to the tank interior. Discussion ensued regarding project low bidder
acceptance requirements and the legal stance of the District in choosing which
contractor to engage in projects. Mr. Wellington, District Legal Counsel,
stated that there is a high burden of proof required in disqualifying any
bidders from a project. Regarding the Pump Station Supervisory Control and Data
Acquisition (“SCADA”) Improvement Project, Director Laska inquired as to the
backup systems in place in the absence of digital service line (“DSL”) service.
Mr. Niccum stated that a wireless radio system will be used for backup, and an
additional, separate backup system will use a cellular frequency.
CAWD
Board Meeting
Director Hornbuckle
submitted a written report on the CAWD Board meeting held March 17, 2005. He
posed a question in item #1 of his report asking if the District would continue
to be responsible for 1/3 of the costs of treatment once the Carmel Highlands
project begins discharging wastewater to CAWD for treatment. Finance Officer
Kilic reviewed provisions of the cost share agreement between CAWD and PBCSD.
He concluded that based on projected operations and maintenance cost increases
and increase in total plant inflow resulting from the new Carmel Highlands
inflow, the PBCSD would expect an approximate $16,000 savings. He said capital
outlay costs are fixed at 1/3 to PBCSD.
Ray von Dohren, General
Manager, CAWD, responded to Director Hornbuckle’s question in item #3 of his
report to the Board stating that recent thorough inspections of service lines
rule out disrepair as the source of increased inflow into the treatment system.
CAWD came to the conclusion that fractured underground material may be
responsible, as well as contributions from basement and underground sump pumps
and other unauthorized connections. Mr. von Dohren stated that CAWD staff would
try an alternative strategy for more accurate determination of inflow sources
next year. Mr. Andrews stated that PBCSD staff is developing investigative
strategies as well, and has ruled out infiltration as the major source. Mr. von
Dohren stated that federal and state agencies are currently looking into
governmental responsibilities in regards to sewer system overflows, including
the potential for the State to regulate service laterals. According to Mr. von
Dohren, regardless of what is enacted on the District level, the state may step
in and make demands such as controlling the conditions of private sewer
laterals. Discussion ensued regarding District staff determining the extent of
inflow due to unauthorized connections and if an ordinance or restriction or
informational notice would be appropriate for regulation in light of the
State’s increasing involvement in the issue.
CAWD Meeting
Assignment
Director Laska accepted
the assignment to attend the CAWD regular Board meeting on April 21, 2005 at
1:30 p.m. in the CAWD Boardroom at
SOLID
WASTE MANAGEMENT
Director Laska submitted a report on the
meeting of the Monterey Regional Waste Management District (“MRWMD”) held on
March 18, 2005. There were no questions or comments from the Board.
GENERAL
GOVERNMENT
District
Newsletter
Mr. Andrews
reported orally that he and President Hornbuckle had met regarding
reinstatement of the District newsletter, and he requested that final
consideration of the matter be continued to the next regular Board meeting when
a written report will be presented. Mr. Andrews suggested the main objectives
of the newsletter would be to provide a source of information to property
owners not available through the conventional news media; and serve to
reinforce District matters in the minds of residents by providing contact
information for feedback regarding policy issues as they develop. He said the
District received a good response in this regard to the newsletter when it was
published in the past. In addition, he suggested the newsletter could also
advise residents on how to avail themselves of services that the District
provides, and to supplement and reinforce information available on the District
web site, www.pbcsd.org. As to a
publication schedule and general format, he suggested the aim would be for a
quarterly publication, 11” x 17”, double-sided, folded twice for three full
pages of news. Costs for outside services will be presented in the report at
next month’s meeting. Two flyers currently being sent out annually by the
District regarding fire prevention requirements and a 4 to 5-page notice
regarding the budget might also be incorporated into the newsletter. President
Hornbuckle requested, and directors concurred, that a report from the General
Manager, including a specific proposal, be placed on next month’s agenda for
consideration by the Board. Director Laska reiterated that he does not see the
need for a newsletter and would prefer a postcard be distributed bi-annually
with summarized information in lieu of a newsletter.
Commendation
for David R. Hendrick
President
Hornbuckle noted the presence of former PBCSD Director, David Hendrick and
expressed the Board’s appreciation for his many years of service on the
Board. There was Board consensus that a
resolution commending and expressing appreciation for Mr. Hendrick’s services
be documented: that it be prepared on parchment, signed by the Board president,
stamped with the District golden seal, mounted and framed and then presented to
Mr. Hendrick at a celebratory luncheon by the Board President, or designated
director, and the General Manager.
MOTION 03-05-03
Moved
by Director Verbanec, seconded by Director Laska, and unanimously carried, to
approve Resolution No. 05-08 commending David R. Hendrick.
Geographic
Information System and Orthoimagery Project
Mr.
Kilic provided an on-line demonstration of the District’s enhanced geographic
information system (GIS) and text database information system, including the
various layers of textual and graphic data display, including features such as
wastewater infrastructure and fire hydrants.
In presenting the topography and aerial photo layers, which were
obtained through participation in a multi-agency orthoimagery project, he noted
that in addition to the District 21 other agencies within
Legislative
re-write of Community Services District Act
Mr.
Andrews noted that the Board had received complete copies of the second draft
of the re-written Community Services District Act, and indicated that document,
with perhaps a few changes, would most likely be introduced as a bill on March
29th. Mr. Andrews reviewed the General Manager’s Report submitted to the Board
with the re-written CSD Act. In discussion with directors that ensued, Mr.
Andrews noted that, as a practical matter, activation of District latent powers
under the new legislation would need to be voted on by district residents after
approval of the Local Agency Formation Commission (“LAFCO”). He said that while existing State law
requires latent powers be implemented through district elections, it has been a
matter of historic policy with PBCSD Boards to look to the electorate for
implementation of new powers. Mr. Andrews stressed that the objective of the
CSD Act re-write is to pull from scattered sources the laws that Districts
operate under into the general arena of the Community Services District Act,
and to consolidate and update any outdated parts of the CSD Act. Director Froke
expressed the view, and other directors concurred, that the Board should
position itself to support the re-written act.
MISCELLANEOUS
INFORMATION AND COMMUNICATIONS
Oral
reports from General Manager
A board
orientation for Director Froke is scheduled for April 18th.
Questions
from directors or staff seeking clarification of matters within the purview of
the District
There were
no questions from Directors or staff.
Oral
reports or announcements from Board President, directors or staff
Director
Hornbuckle reviewed the notes of the Pebble Beach Community Advisory Board
meeting he attended on March 3, 2005. Director McCullough noted the correct
spelling of one attendee as Helen Westland, not Westmorland.
CLOSED SESSION
President Hornbuckle
announced the Board would not need to meet in closed session.
ADJOURNMENT
There being no further
business at 11:27 a.m. a motion was made to adjourn.
MOTION 03-05-04
M/S/C (unanimous)
to adjourn to the next regular Board meeting to be held on Friday, April 29,
2005 at 9:30 a.m. in the District Boardroom at Forest Lake and Lopez Roads.
(s) Richard Andrews,
Secretary