PEBBLE
BEACH COMMUNITY SERVICES DISTRICT
BOARD
OF DIRECTORS
Regular
Meeting of June 30, 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 June 30, 2006. Board President Gary D. Hornbuckle called the
meeting to order at 9:35 a.m.
ROLL CALL
Present: Directors Gary D. Hornbuckle, Leo M. Laska, Richard Verbanec,
Gerald Verhasselt
Absent: Director Jeffrey Froke
Others Present
Craig Anthony, General Manager
Laura Paxton, Board Clerk, Paxton Ad Hoc
Ken
Buchert, Assistant Legal Counsel
Suha Kilic, Finance Officer/Board Secretary Pro-Tem
Michael Niccum, District Engineer
Jackie Scoggin,
Operations Battalion Chief, CDF
John King, Assistant Fire
Chief, CDF, San Benito-Monterey Counties Unit
George Haines, Fire Chief, CDF, San
Benito-Monterey Counties Unit
Dennis
Carreiro, Fire Prevention Battalion Chief, CDF
Nancy McCullough, Member, DMFPO Traffic/Safety
Committee
Mark Verbonich, V.P., Community Affairs, Pebble
Beach Company ("PBCo")
John Tormey, Pebble Beach resident
Al Budris, Director, DMFPO
Jack Kidder, Director, DMFPO
Spencer Thompson, Member, DMFPO Traffic/Safety Committee
Robert Kohen,
Director, Carmel Area Wastewater District (“CAWD”)
Kim Caneer, Pebble Beach Resident
Ray von Dohren, General Manager, CAWD
There were no appearances or changes to the agenda.
Moved by Director Verbanec,
seconded by Director Laska, and unanimously carried, to approve the minutes of
the regular Board meeting held May 26, 2006.
The Board
received and reviewed the Statement of
Receipts and Disbursements and Budget
Report for May 2006. Mr. Kilic responded to questions, stating that since
the revenues and expenses are reported on a cash basis, revenues that are
earned, but not yet received, are not included in the report. For example,
accrued interest on the treasury bills will be received upon maturity,
therefore not included in the reported interest revenues. The “other” revenues are lower than the
budget because Proposition 172 public safety funds for the current fiscal year
will be received as a lump sum after the end of the fiscal year. The current year expenses and revenues are
reported on accrual basis in the District’s annual financial report similar to
private industry. The District’s outside auditors audit the annual report.
The Board received and approved the Check Register for May 2006.
District Surplus
Equipment
The Board reviewed the submitted list of surplus property attached
to the proposed resolution. Director Hornbuckle recommended using Craig’s List, an on-line marketplace, in
lieu of EBay, when attempting to
dispose of the surplus property through sales to other agencies and/or the
public. Finance Officer Kilic responded to a Board question stating that all
property is fully depreciated and has no dollar value; the District will first
notify local public agencies for negotiated sale of the items then attempt to
sell remaining items at the best market price possible.
Moved by Director
Laska, seconded by Director Verbanec, and unanimously carried, to adopt Resolution No. 06-11 declaring certain
District property surplus and authorizing its disposal.
Fire Chief’s Monthly Report
The Board received and reviewed the monthly fire department operations
report for May 2006. Battalion Chief Scoggin and Prevention Chief Carreiro
stated there was no further information regarding several small wild land fires
occurring along Fire Road 23 during the reporting month. The reported incidents
appear to have stopped.
The reported incident of a Quick Response Vehicle (“QRV”) 10-minute
late response was attributed to QRV relief personnel not knowing the Forest
roadways. Often calls involve the QRV following the Pebble Beach fire engine to
the scene; this particular late-response incident involved Carmel Hill fire
department responding resulting in the QRV, housed at Pebble Beach, being
unable to follow the fire engine to the scene. Chief Scoggin stated that a
vacant EMT position in the QRV program would be filled July 9th and
would help reduce the need for relief personnel. Chief Haines advised the Board
that the District would be seeking bids imminently on a new QRV vehicle that
would have a global positioning system for navigation built in. Chief Scoggin stated
that the CDF dispatch global positioning system of navigation would tie in with
the vendor system included in the new QRV to improve emergency response by the
QRV. Director Verbanec suggested that a hand-held GPS device be kept at the
Pebble Beach fire station as a backup and for use by personnel unfamiliar to
the area prior to QRV response to a call to alleviate the driver attempting to
both drive and navigate en route.
Nancy McCullough, Pebble Beach resident and member of the DMFPO
Traffic and Safety Committee, felt that it was understood by the Board and
District since the inception of the QRV program that permanent personnel would
staff the QRV, and that the use of relief personnel unfamiliar with the Forest
was unacceptable. Ms. McCullough also inquired regarding the four WestMed
responses that had no reported response times. Chief Scoggin stated that the
information due from WestMed is of a database nature and should be forthcoming
to the District immediately and is unknown why the District must request
response times periodically, however she did not feel that the missing
information was related to late responses by WestMed since the District
personnel respond concurrently with the ambulance and are aware of any late
responses. Chief Scoggin answered questions from the Board.
John Tormey, Pebble Beach resident, as well as the Board commended
District staff on an excellent Open House event. 750 people were served making
the event the best attended yet. Battalion Chief Carreiro recommended scheduling
next year’s District Open House in the 2006-07 Budget. The board approved
targeting the third Saturday in June each year for the event, allowing for
scheduling changes to accommodate PBCo’s availability. Vendors from this year’s
event would be notified of next year’s tentative date through an event
follow-up letter being sent out by the District soon.
Fire Defense Capabilities within Pescadero Canyon
The Board received and reviewed the
submitted Fire Department Staff Report regarding Pescadero Canyon fire defense.
Battalion Chief Carreiro stated that scheduled annual maintenance had begun
Monday on Fire Road 23. Staff is continuing to research the proposed additional
3,000’ x 50’ vegetative fuel break work to “tie in” Fire Roads 20 and 23,
estimated at $10,000 using Fire Crew personnel and $93,000 using private
vendors. The Board discussed costs for resources available for immediate,
continued project work versus a multi-year approach using resources that would
consider the project as secondary with less availability on an undetermined
schedule. Treatment and maintenance challenges in the steeply sloped terrain
were discussed, with burning or hauling out large amounts of fuel in the canyon
being 75% of the work effort. The treated area would not be intended to stop a
fire, but to allow access for further treatment, maintenance, or resource
deployment for firefighting purposes. Pescadero Canyon fire history shows
flames to be successfully contained and battled at the ground; Huckleberry Hill
remains the greatest fire threat with the new fuel load growth since the last
major fire and limited access requiring flames be battled from the air. Fire
department staff will submit a detailed project plan, including the identified
scope, at the next Board meeting for the Board to consider policy on scope,
completion timeline and acceptable relative costs. President Hornbuckle
directed staff to proceed with all haste on the matter.
MAINTENANCE, ENGINEERING, AND CONSTRUCTION
Forest Lake Reservoir
District Engineer Niccum presented slides of Forest Lake Reservoir
project including recent road paving and fence construction. He reported that the reservoir volume
fluctuates with irrigation use and was currently at 79 million gallons. In response to Director Verhasselt’s question
related to security issues, he stated that other dam facilities have installed
sensors on the perimeter fencing surrounding a reservoir and the District would
consider a similar system in the future if problems of trespass of people or
deer arise.
PBCSD Capital Improvement Projects
Mr. Niccum reviewed orally his monthly status report on
capital improvement projects. In
response to Director Laska’s question, he indicated the SCADA system project for the wastewater pump stations is complete and
no longer included on the monthly status report. Forest Lake Project modifications to the
SCADA system are almost complete.
Wastewater collection, treatment and disposal system
The Board received
and reviewed the District Engineer’s Report of Utilities Operations and
Maintenance for 5/22/06 – 6/22/06. There were no questions from the Board.
Fourth Priority Fire
Protection Pipeline Replacement Project
Mr. Niccum reviewed
orally the District Engineer’s Report and presented to the Board slides of the scope
of work for the proposed Fourth Priority Pipeline Replacement Project. Mr.
Niccum stated that recently completed fire hydrant testing has indicated some
project changes would provide the most fire protection benefits. These changes to the project will not affect
the engineering scope and the overall length of pipeline construction would be
approximately the same. In response to Director Verhasselt question of whether
the District requests proposals for this type of service, Mr. Niccum indicated
that E2 consulting engineers remains cost competitive and the District benefits
from its familiarity with the Pebble Beach water system and models. General Manager Anthony suggested that it
might be prudent for the District to continue to use E2 for this proposed
project and then, considering the upcoming retirement of E2’s senior engineer,
plan to seek requests for proposals for engineering services in the future.
District Legal Counsel informed the Board that the selection of an engineering
firm could not be based on price alone; laws prohibit going to bid for
engineering services. Competitive
bidding is the process required for project construction work.
Director Laska
inquired whether to consider extending project pipelines through the Pescadero
Canyon area to locate a fire hydrant along some of the rugged terrain. District Engineer Niccum replied the
feasibility of the suggested concept will be reviewed.
General Manger
Anthony responded to questions regarding the extent of project completion,
stating that although only 7 to 10 miles of the approximately 50 miles of water
supply lines throughout the District have been replaced, hydrant flow is the
determining factor of the extent of replacement needed for appreciable benefit.
He stated that Board administration through time has been remarkable in
maintaining and upgrading the water supply system in the District. District staff will present at completion a
report of the status of all of the hydrants and water supply lines to the Board
to determine what, if any, further steps are to be taken.
Moved by Director
Verhasselt, seconded by Director Laska, and carried, to adopt Resolution 06-12 approving Project
Assignment Number 12 to the Master Agreement with E2 Consulting Engineers to
provide engineering services required for the Fire Protection Water System
Improvements – Fourth Priority Pipeline Replacement Project. The total
estimated engineering cost is $250,000.
Director Laska attended
the Carmel Area Wastewater District Board meeting held June 15, 2006 and
reviewed orally the highlights of the meeting. An increase in sewer connection
and sewer service fees was approved.
Consideration was given to the design/build phase of the current
Wastewater Reclamation Project to be undertaken at more of a conventional than
fast-track timeline. Mr. Anthony stated his perception of the District’s role
in the upcoming phase of the Wastewater Reclamation Project would be to operate
the Forest Lake Reservoir at maximum efficiency by training staff to be
exceptionally responsible, and to continually forecast the level of the
reservoir 90 days out on a scheduled basis in order to notify users and
stakeholders to modify usage for maximum system output and efficiency.
CAWD Meeting Assignment
Director Froke was assigned to attend the CAWD
regular Board meeting on Thursday, July 27, 2006 at 9:30 a.m. in the CAWD Boardroom
at 3945 Rio Road, Carmel.
SOLID
WASTE MANAGEMENT
Director
Laska reviewed orally the submitted report of the meeting of the Monterey
Regional Waste Management District (“MRWMD”) held on June 19, 2006. Director
Laska had nothing to add to the submitted report. Mr. Kilic responded to
Director Laska’s inquiry regarding “universal waste,” stating that he had
spoken with the General Manager of Waste Management, Inc. who informed him that
separate collection would be necessary for each type of special waste (E-waste
such as computers and monitors, bulky items such as appliances, and U-waste
such as batteries and florescent light bulbs) and that Waste Management could
accommodate collection of these wastes. Methods could be: 1) collection at
individual households two times per year, 2) collection from a designated site
within the Forest where residents deliver waste, and 3) an on-call basis
whereby residents would be given tickets to use two times per year for
residential pickup of these special wastes. Another method may be to promote
consumers taking the expended item back to the store where purchased for
disposal. Mr. Kilic will continue discussions with Waste Management to bring
more information, such as costs and legal requirements, to the Board. He
advised the Board that a one-day household hazardous waste event held at one
location for collection of special wastes may cost $40,000 to $50,000.
GENERAL GOVERNMENT
District Police and Security Services
Authority
Mr. Anthony reported
orally that the Local Agency Formation Commission (“LAFCO”) unanimously approved
the activation of full latent powers to provide police and security services
within PBCSD. The Board considered the submitted ordinance to implement certain
elements of its newly authorized powers to provide law enforcement and security
services. He advised that the Monterey County Sheriff (“MCSO”) has expressed
its willingness and ability to provide a full range of additional services to
the District at a cost effective rate. The draft contract between the District
and MCSO is 95% complete. Staff will provide a report and recommendations at
the next Board meeting. Mr. Anthony requested the Board give direction to staff
on this matter.
District Counsel
stated the District could proceed without acknowledging submitted
correspondence from MCSO claiming law enforcement authority in the Forest and
pursue the most cost effective implementation of the services be it MCSO,
California Highway Patrol, private security services, or some combination
thereof. Nancy McCullough stated her concern with MCSO service, citing the
Sheriff’s statement to the audience at a DMFPO semiannual meeting that deputies
sometimes get lost when patrolling the Forest. She was also concerned that the
MCSO would not provide to the District the highest availability of an officer
to learn the area compared to other potential service vendors.
In response to Mr.
John Tormey, District Counsel stated that notwithstanding the District’s
authority now to implement a full police force, the public is not foreclosed
from this option, as any action in this regard would be subject to the power of
referendum that could put the matter to vote. Mr. Anthony pointed out that the
Board’s intent has been to implement these powers on a limited basis in line
with the requests of the residents. If the community requested increased
services, the Board would proceed incrementally with services being limited by
the program’s funding to be established in the District Budget.
President Hornbuckle stated that counsel
and staff had prepared the submitted draft ordinance that is all inclusive of
sections that previously were attachments to the ordinance. He requested that
the third sub-paragraph in Section 2 regarding estimated costs of services be
stricken with the understanding that sub-paragraph two in Section 2 limits the
funding. Counsel advised that program funding would be subject to annual budget
appropriation once the District and service provider(s) formed a contract.
President Hornbuckle further requested the specifics as to service providers be
eliminated from the next paragraph. Mr. Anthony supported President
Hornbuckle’s request to not specify funding limits; staff would like to
consider other proactive traffic control options beyond contracting for patrol
service and present cost scenarios to the Board for consideration.
Moved by Director Verhasselt and seconded by
Director Verbanec to adopt first reading of Pebble Beach Community Services
District Ordinance Number 24 implementing
certain elements of its newly authorized powers to provide law enforcement and
security services.
The Motion passed 3 to 1 on
the following vote:
AYES: Directors: Hornbuckle,
Verhasselt, Verbanec
NOES: Director: Laska
ABSENT: Director: Froke
District Counsel
advised the Board that there is no legal requirement for public notice and
hearing for this type of ordinance. This action serves as the first reading of
the Ordinance; the second reading is to be scheduled after 5 days. The Board
concurred to schedule the second reading at the next regular Board meeting. The
District will publish the proposed ordinance in the Carmel Pine Cone and on the
District web site. Changes can be made at the second reading; the process would
start over with that reading being considered the first reading again. The
ordinance becomes law 30 days after the second reading. The process does not
require returning to LAFCO for incremental changes in service type or level.
The District will be receiving the equivalent of recorded documents from LAFCO
that make its approval official.
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
District Counsel clarified that the
District ordinance pertaining to the requirement of a fireworks permit applies
to special events held; fireworks are prohibited in the District otherwise and
signs posted at the gates state this.
Al Budris, DMFPO Director, asked why the
District provides basic solid waste collection service, while residents are
billed for additional services by the contracted collection company, Waste
Management, Inc. Nancy McCullough, Pebble Beach resident and past District
director, stated that this arrangement was chosen so that non-resident owners
would be required to pay for at least basic collection services. Per District
Counsel, the fact that Forest residences are primarily single-family dwellings
lends itself to this arrangement also; duplex and apartment service within
other communities are at a much different collection service rate than house
service.
Director Verhasselt
will be attending the first of four director indoctrination courses organized
by California Special District Association on July 21, 2006.
Directors Hornbuckle and Laska will attend the CAWD/PBCSD Wastewater
Reclamation Project Management Committee meeting on July 14, 2006, at 9:30 a.m.
in the PBCSD Boardroom.
CLOSED SESSION
It was determined that no closed session was in order.
ADJOURNMENT
There being no further business at 11:48 a.m. a motion was made to
adjourn.
MOTION 06-06-05
M/S/C (unanimous) to adjourn to the next regular Board meeting to be
held on Friday, July 28, 2006 at 9:30 a.m. in the District Boardroom at Forest Lake
and Lopez Roads.