PEBBLE
BEACH COMMUNITY SERVICES DISTRICT
BOARD OF
DIRECTORS
Regular
Meeting of February 24, 2006
MINUTES
A regular meeting of the Board of Directors of the Pebble
Beach Community Services District ("PBCSD") was held in the District
Boardroom on February 24, 2006. Board President Gary D. Hornbuckle called the
meeting to order at 9:33 a.m.
ROLL CALL
Present: Directors
Gary D. Hornbuckle, Leo M. Laska, Richard Verbanec, Gerald Verhasselt, Jeffrey
Froke
Others Present
Richard Andrews, General Manager/Board Secretary
Laura Paxton, Board Clerk, Paxton Ad Hoc
George Thacher, Assistant Legal
Counsel
Suha Kilic, Finance Officer
Michael Niccum, District Engineer
Jackie Scoggin, Operations Battalion Chief, CDF
George Haines, Acting Fire Chief,
CDF, San Benito-Monterey Counties Unit
Nancy McCullough, Member, DMFPO
Traffic/Safety Committee
John Fisher, Pacific Grove resident
Mark Verbonich, Vice President,
Community Affairs, Pebble Beach Company ("PBCo")
John Tormey, Pebble Beach resident
Linda Elliott, Director, DMFPO
Pat Skinner, Director, DMFPO
Spencer Thompson, Member, DMFPO Traffic/Safety Committee
Dr. Jan Roehl, Justice Research Center
Jim Nero,
Director, DMFPO
Al Budris,
Director, DMFPO
Jack Kidder, Director, DMFPO and Chair, DMFPO Community Survey
on Traffic and Safety “Blue Ribbon”
Committee
Ray von Dohren, P.E., General
Manager, Carmel Area Wastewater District ("CAWD")
William Englander, Director, CAWD
Ed Lorenzana,
Commander, Monterey County Sheriff’s Office (“MCSO”) Coastal Unit
President Hornbuckle announced that agenda item 15 regarding
supplemental law enforcement would be moved up to first on the agenda. Item 17 regarding
recruitment for the position of General Manager would be moved to last on the
agenda to be considered during a closed session of the Board.
MOTION
02-06-01
Moved by
Director Verhasselt, seconded by Director Froke, and unanimously carried, to
approve changes to the agenda as stated by President Hornbuckle.
Supplemental police services within the Del Monte Forest
John Tormey, Pebble Beach
resident, requested the opportunity to speak later to the Board on this subject,
depending on the Board and staff’s dialogue on the matter. Mr. Andrews stated
that Mr. Tormey’s public comment request was not listed as an agenda item due
to the submitted General Manager’s Report regarding supplemental police
services intended to be received by the Board as a staff progress report for
information only at this point with no action to be taken beyond further policy
direction to staff by the Board if deemed appropriate.
Mr. Andrews reviewed the submitted
General Manager’s Report. Meetings yet to be conducted are those with the Salinas
area California Highway Patrol (“CHP”) Commander Pat Camara, and the Local
Agency Formation Commission (“LAFCO”) Executive Officer, Kate McKenna for an
update on any policies regarding this undertaking. In reference to long-term
planning, Mr. Andrews suggested the Carmel Valley incorporation issue may have
an impact down the line when and if Carmel Valley contracts for city law
enforcement with the MCSO. At that time, he suggested that it might be
worthwhile for LAFCO and the District to consider looking at merging the District
requirements into that scenario to produce a more efficient economic base for
implementation of services. Mr. Andrews pointed out that the submitted excerpt
from SB 135 and the comments regarding legislative intent clearly indicate that
the legislation fully authorizes community services districts to establish and
operate law enforcement services and facilities.
Mr. Kilic reviewed the Finance
Officer’s Report regarding use of video surveillance for supplemental law
enforcement. Mr. Andrews requested the Board contact District Assistant Legal
Counsel George Thacher with any questions or issues of governance in this
matter. Mr. Thacher informed the Board that courts do not generally favor
prosecution of speeding on license plate evidence from video surveillance only.
Mr. Thacher responded to Director Laska’s inquiry whether passive enforcement
such as surveillance cameras to identify perpetrators would require a change in
District governance, stating no change would be necessary. Director Hornbuckle,
referring back to the General Manager’s Report, asked for clarification of the
statement by MCSO Commander Lorenzana that significant progress had been made
regarding incidents of vandalism. Commander Lorenzana addressed the Board,
recounting that no significant vandalism had occurred within the District for
approximately 6 weeks; marked and unmarked patrol surveillance resulted in
extensive contact with suspects and issuance of citations; parents of the
suspects were inconvenienced; word apparently spread through the vandal
population that further incidents would not be tolerated by MCSO.
Director Verhasselt thanked the
staff for its in-depth and informative work on the issue at hand. He reviewed
his understanding of SB135 and assumption of latent powers by districts as he
interpreted it through phone conversations with LAFCO and California Special
District Association representatives, that assumption of latent powers was
necessary only in the case of establishing a police department. Mr. Andrews
clarified that assumption of latent powers is necessary if the District intends
to use taxpayer dollars to contract for law enforcement services. The District
is currently authorized to provide fire protection and emergency medical
services, sanitary wastewater and storm water collection, and garbage
collection and solid waste disposal. All other authority is latent. No money
has been spent on law enforcement beyond the cost of research into the matter,
and no dollars can be spent until the District is authorized to do so. Mr. Jim
Nero, Director, DMFPO, suggested to the Board to call for a formal legal
opinion on the matter, including, as requested by Director Laska, the authority
of the District to conduct mobile radar unit (“MRU”) surveillance on drivers.
Mr. Andrews stated during his discussions with various law enforcement agencies
there was unanimous contention that MRUs coupled with an officer patrol unit
was very effective in addressing incidents of speeding. President Hornbuckle
cautioned the Board to proceed with great caution and on a limited basis if any
action is considered at all, until it has a more thorough understanding of the
assumption by the District of a latent power. Discussion included consensus
that the MCSO was responsive and effective in dealing with incidents of
vandalism over the last several months, but that County budget cuts would make
results temporary. It was generally agreed that, while the District does not
see any governance or logistical problem with contracting with local city
agencies for services, that contracting with the MCSO and CHP would lend
consistency in service and would be easier to implement.
Director Verbanec discussed the
General Manager’s report point by point, with one comment being that the “community
policing” scenario consisting of designated officers establishing working
relationships within the community might be overkill for this area. Mr. Andrews
stated he had in mind not a beat cop approach, but one of an assigned officer
interacting at community contact points such as the post office, RLS,
residences, and various committee meetings. While commenting on the points of
the report, Director Verbanec clarified that the requests put forth to the
PBCSD Board by the DMFPO were just that, requests, and not requirements proposed
for Board adherence.
President Hornbuckle suggested
and directors concurred that: 1)Formulate
a legal opinion on the matter, including surveillance authority; 2) develop a
specific proposal for a full-time, 3-month professional equipment and personnel
surveillance team to be placed at specific points throughout the Forest to
gather data and analyze the results to later determine the effectiveness of the
service and equipment. Further, to
contact speeding drivers identified by the surveillance and residing within the
Forest in a kind manner to obtain their opinion and reaction to being monitored
for and implicated in driving at speeds above those posted or safe; and, 3) continue
to obtain information and proposals from enforcement agencies regarding
supplemental law enforcement alternatives.
Several members of the DMFPO Board
and other visitors commended the Board and staff regarding the manner and
content of their reports and discussion in dealing with the issue.
Moved by
Director Verbanec, seconded by Director Verhasselt, and unanimously carried, to
approve the minutes of the regular Board meeting held January 27, 2006.
Warrants Register
The Board received and reviewed the Statement of Receipts and Disbursements and
the Check Register for January 2006.
Mr. Kilic responded to questions from the Board.
Moved by Director Laska, seconded by Director Verhasselt,
and unanimously carried, to approve the Check
Register for January 2006.
Monterey County
Treasurer’s Report of Investments
The Board received the submitted Monterey County Treasurer’s Report of Investments for the quarter ending December 31,
2005. Finance Officer Kilic commented
that the District has approximately $13.4 million in cash at present, with
approximately $6.4 million being invested in the Monterey County Treasurer’s
regular investment portfolio representing 100% liquidity for the District. As
of quarter ending December 31, 2005, the earned income of the regular portfolio
was 3.5%, representing a 1/4% increase from the previous quarter. The earned
income of the California Local Agency Investment Fund was 3.6%, slightly over
the County Treasury return. The remaining $7 million of District money is
invested in a custom portfolio kept by the County Treasurer separate from the
regular portfolio. Currently the entire Board-authorized amount is invested in
six-month treasury bills, $2.5 million yielding 4.4%, maturing June 1, 2006; $2
million yielding 4.6%, maturing August 2, 2006 and; $2.5 million yielding 4.7%,
maturing August 10, 2006. With the latest inversion of the yield curve, 6-month
treasury bills are found to provide the best return for a relatively short-term
commitment.
Fire Chief’s Monthly Report
The Board received and reviewed the monthly fire department
operations report for January 2006. Battalion Chief Scoggin reported verbally
that the operational status of the department vehicles had changed. The Ford
Bronco, Quick Response (“QRV”) Vehicle, used by the paramedics had been sent in
for repairs and would be out of commission for two weeks. Staff is using a temporary truck and plans to
budget for a new vehicle. Chief Scoggin also noted that the PBCSD Medical Aid
Response Times section of the submitted report now lists in the upper left
corner the current Ambulance Response Standards as contracted by the County
with the current ambulance service provider. The late response by the QRV noted
in the report was due to the victim not knowing his location in an open space
area not bounded by roads or streets. Director Verhasselt inquired if the
specifics of traffic accidents can be reported monthly and information obtained
regarding the details of the accidents. Chief Scoggin stated that most vehicle
accidents are minor in nature; the California Highway Patrol handles the
reporting of vehicle accidents and would have the detailed information.
Acting Chief George Haines had nothing specific to report
yet on the analysis of vegetative fuel loading at Pescadero Canyon. Staff has
been directed to consider Pescadero Canyon/Sunset a priority area. The upcoming
prevention inspection plan will include the area at the top of the list.
Resignation of PBCSD
Fire Chief/CDF Monterey-San Benito Unit Chief
The Board acknowledged the resignation of CDF Monterey-San
Benito Unit Chief/PBCSD Fire Chief Sam Mazza, as of February 13, 2006, and the
appointment of Assistant Unit Chief George Haines to the position of Acting Unit
Chief as well as the Acting Fire Chief of the District.
MAINTENANCE, ENGINEERING, AND CONSTRUCTION
PBCSD Capital Improvement Projects
District Engineer Niccum reviewed orally his monthly status report on
capital improvement projects. A
correction to the Fourth Priority Fire Protection Water Pipeline Replacement
Project memo item should read “water” lines, not “sewer” lines, as undergoing
analysis to identify the highest priority of lines for inclusion in the
project. Mr. Niccum responded to
questions from the Board.
Forest Lake Reservoir
Mr. Niccum recommended to the Board that it authorize the
General Manager to approve additional change orders up to an aggregate limit of
$225,000. Additional work items have been identified to address life safety,
security and changed field conditions. Mr. Andrews pointed out that the change
order authorization would give staff the flexibility to negotiate with PBCo in
sharing additional costs over the 5% contingency level. Several of the
additional work items will provide a benefit to the District not necessarily
associated with the Forest Lake Project such as the installation of a fiber
optic line would give the District options in the future to expand the District
computer network and install workstations at Forest Lake. Mr. Niccum stated
that the current construction schedule shows substantial completion of the
project in a month.
Staff’s approach for considering additional costs associated with life safety
and security issues is to be satisfied that, in the event of a tragedy at the
reservoir, the District had done everything reasonable to avoid it. Motor operated valves are a long lead time item, but the
valves can be operated manually in the meantime. The California Department of Water
Resources, Division of Safety of Dams (“DSOD”) completed its final inspection
and provided authorization to fill the reservoir to the permitted capacity. Mr. Niccum presented slides of the
project. Directors Laska and Froke advised of the potential threat of ground
squirrels to the stability of the embankment. Recycled water should be manually available to the
distribution system in late March or early April; whether the recycled water is
required from Forest Lake Reservoir will be dependent on the golf course
irrigation demand.
Moved by Director Laska, seconded by
Director Verhasselt, and unanimously carried, to authorize the General Manager
to approve additional change orders up to an aggregate limit of $225,000 for
the Forest Lake Reservoir Component of the Expanded CAWD/PBCSD Wastewater
Reclamation Project, some of which may not be reimbursed by PBCo.
2006 Sewer Line Replacement Project engineering services
Mr. Niccum reviewed orally the
submitted District Engineers memorandum and Project Assignment No. 11 to Master
Agreement for Engineering Services. The construction bid documents are planned
to be ready for consideration at the May Board meeting. The project assignment
is an agreement with the consulting engineer to perform work on a time and
materials basis and the estimated costs are presented as a budget that may not
be achieved.
Moved by Director Verbanec, seconded by Director Laska, and
unanimously carried, to adopt Resolution
06-03 approving Project Assignment
Number 11 to the Master Agreement with E2 Consulting Engineers to provide
engineering services required for the 2006 Sewer Line Replacement Project, with
total estimated engineering costs of $90,000.
Wastewater collection, treatment and disposal system
The
Board received and reviewed the District Engineer’s Report of Utilities
Operations and Maintenance for 1/19/06 – 2/15/06. The District Engineer
reported an incident involving a Quinn Company crane truck being damaged when
driven over a manhole with an askew cover for the recycled water line valve
vault on Forest Lake Road near the intersection with Bristol Curve. The truck
sustained approximately $4,000 damage. Mr. Niccum responded to questions from
the Board.
Director Hornbuckle
attended the Carmel Area Wastewater District Board meeting held February 16,
2006 and reviewed orally his submitted report. The next CAWD Board meeting was
changed from March 23 to March 20th. Director Hornbuckle noted that
Director Laska should have attended the February 16th meeting; Mr.
Andrews clarified that
in his absence Director Hornbuckle had followed the advice of District staff
not fully informed by the General Manager as to the meeting attendance
schedule. Mr. Andrews included in the current Board packet a CAWD Board meeting
assignment schedule to assist in clarifying assignments of PBCSD directors. He
noted that Director Laska will attend the meeting in May to cover for Director
Hornbuckle attending the February meeting.
CAWD Meeting Assignment
Director Verhasselt accepted the
assignment to attend the CAWD regular Board meeting on Thursday, March 20, 2006
and Director
Verbanec accepted the assignment to attend the CAWD regular Board meeting on
Thursday, April 20, 2006 at 1:30 p.m. in the CAWD Boardroom at 3945 Rio Road,
Carmel.
Director
Laska reported orally regarding the meeting of the Monterey Regional Waste
Management District (“MRWMD”) held on February 17, 2006. MRWMD would continue
to accept waste from the Santa Clara area, approximately 30,000 tons per year
going directly to burial. The District is continuing talks with the Salinas
Valley Waste Authority on waste acceptance. If acceptance is approved, it may
moderate the rates for areas such as PBCSD, or the increased revenue may go to
programs to boost recycling from 50% up to 70% of the waste stream. Mr. Andrews
noted that recycling might be a PBCSD Board policy issue as it relates to
demolition waste. If recycling programs require more recycling of demolition
waste, the District could adopt an ordinance, or the County could. The District
has the authority to implement the increased recycling of demolition waste
requirement, however, it might be more feasible for the County to make it a requirement
of the building permit; the District is limited in the building permit process.
Director Laska stated that the Pebble Beach area is currently at approximately
60% recycling of its waste stream. Due
to the variety of local conditions throughout the unincorporated area of the
County, Mr. Andrews felt that the County would probably not pass a county-wide
ordinance regarding increased recycling of demolition waste.
GENERAL GOVERNMENT
Safety Committee minutes
The Board received the Safety
Committee meeting minutes for the meeting held February 7, 2006. There were no
work related injuries for the year 2005.
Oral reports from General Manager
There were no oral reports from
the General Manager.
Questions from Directors or staff seeking clarification of
matters within the purview of the District
There were no questions from the
Board or staff.
Director
Verhasselt reported orally that there were 137 deeds recorded during 2005: 109
individual homes, 19 townhouses/condominiums, and 9 properties. Sales totaled
$310,936,130. He expressed the view that the new tax base on these properties
had increased as much as 171%, and that real estate sales and the resulting increase
in the property taxes provide a valuable stream of new revenue to the County
and PBCSD.
Director Verbanec announced that upcoming training for new
directors will be offered in 4 modules, the first two modules will be held in
Santa Cruz on July 21 and August 18, 2006, and the second two being
held in Monterey on October 20 and November 17, 2006. This training would be
good for any Board member. Further information may be obtained form the
California Special Districts Association (“CSDA”) web site www.csda.net.
Director Verhasselt announced to the Board that he would be
attending the Association of California Water Agencies (“ACWA”) Joint Powers
Insurance Authority Board meetings on May 8 and 9, 2006 in Monterey.
Mr. Andrews stated that he would summarize the dates the
upcoming ethics training would be offered and distribute to Board members. The ACWA,
of which PBCSD is a member, is offering training May 9-11, 2006 in Monterey and
may make it available to non-members of ACWA. CSDA
may also have enough interested parties at this time to offer training as well.
CLOSED SESSION
President Hornbuckle announced the Board would meet in
closed session pursuant to California Government Code Section 54957 to discuss
the appointment and employment of a general manager to replace the retiring
current general manager.
Moved by Director Verbanec, seconded by Director Verhasselt,
and unanimously carried, to recognize the need to conduct the discussion of the appointment and employment of a general manager to replace the
retiring current general manager be held in closed session after having been
posted as an open item on the agenda.
ADJOURNMENT
There being no further business at 11:55 a.m. a motion was
made to adjourn.
MOTION
02-06-07
M/S/C (unanimous) to adjourn to the next regular Board
meeting to be held on Friday, March 31, 2006 at 9:30 a.m. in the District
Boardroom at Forest Lake and Lopez Roads.
(s) Richard
Andrews, Secretary