PEBBLE
BEACH COMMUNITY SERVICES DISTRICT
BOARD
OF DIRECTORS
Regular
Meeting of July 28, 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 July 28, 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, Jeffrey Froke
Absent: None
Others Present
Craig Anthony, General Manager/Board Secretary
Laura Paxton, Board Clerk, Paxton Ad Hoc
Robert Wellington, Legal Counsel
Suha Kilic, Finance Officer
Michael Niccum, District Engineer
Jackie Scoggin, Operations Battalion Chief, CDF
George
Haines, Fire Chief, CDF, San Benito-Monterey Counties Unit
Nancy McCullough, Member, Del Monte Forest
Property Owners (“DMFPO”) Traffic/Safety Committee
Mark Verbonich, V.P., Community Affairs, Pebble
Beach Company ("PBCo")
John Tormey, Pebble Beach resident
Linda Elliott, Director, DMFPO
Al Budris, Director, DMFPO
Jack Kidder, Director, DMFPO
Spencer Thompson, Member, DMFPO Traffic/Safety
Committee
Bill Englander, Director,
Carmel Area Wastewater District (“CAWD”)
Vinod Badani, Vice
President, E2 Consulting Engineers
James Anway, Pebble Beach
resident
Jack Conner, Regional
Manager, Waste Management, Inc.
Mr. James Anway, Pebble Beach resident on
Sunset Lane who lost his home during the 1987 fire, addressed the Board with
concerns regarding the lack of immediate communication to residents regarding
last Friday’s wild land fire. He inquired as to when emergency radio broadcasts
are activated in the event of a fire or other emergency and requested they go
out more promptly. He stated he called 911 when he observed smoke from the fire
last Friday and was told by dispatch staff that he needed to report a cross
street or they would be unable to help. Staff reported on the Reverse 911 system that was activated
during the recent event.
There were no changes to the agenda.
Moved by Director Laska,
seconded by Director Froke, and unanimously carried, to approve the minutes of
the regular Board meeting held June 30, 2006, with the addition of Director
Laska’s reason for the “no” vote being the absence of a dollar limit more specific than the reference that
the program would be financed from available discretionary funds.
The Board
received and reviewed the Statement of
Receipts and Disbursements for June 2006. There were no questions from the
Board.
The Board received and approved the Check Register for June 2006.
Proposed
Services and Adoption of Related Charges for FY 2006-07
Finance Officer Kilic made a slide presentation
and reviewed the submitted Finance Officer’s Report regarding the Final Budget
for FY 2006-07, summarizing changes from the Preliminary Budget, and
highlighting proposed user fees. Director Hornbuckle noted the comparison of
monthly sewer service rates unsubsidized by property taxes charged in
neighboring jurisdictions not being significantly higher than subsidized rates
charged by the District. Mr. Kilic responded that District services are
provided in a large area with more challenging terrain of varying topography
that require expensive lift stations . In addition,
the District has possibly less users to share the cost of providing service.
District Engineer Niccum advised the Board that CAWD’s service area includes
the same length of pipelines as PBCSD, but with twice as many users and smaller
lift stations necessary. President Hornbuckle requested staff provide the Board
with a comparison of the makeup of PBCSD sewer users (i.e., residential,
commercial) and corresponding fees with that of CAWD customers. Director
Verhasselt noted that the current District sewer user fee is charged per
residence and not person. He requested that the resolution adopting the sewer
user fees, and the sewer connection fee, be reviewed at the Board’s next
Strategic Planning Meeting to determine if any addendums or updates are in
order. He also asked for a review of why the fire department, being a
non-enterprise operation, is partially funded by an assessment and not 100% by
property taxes.
Mr. Kilic presented a flow chart summarizing
the District’s Final Budget revenue and expenditures using a format previously developed
by Pebble Beach resident, Mr. John Tormey.
Mr. Kilic answered questions from the Board and
audience. Mr. Anthony emphasized that the District has a record of operating
under budget and using excess revenue to continually upgrade the District
infrastructure via discretionary projects and capital improvements while
retaining appropriate reserves for unanticipated costs.
TIMED BUSINESS
President Hornbuckle opened the public hearing at
10:13 a.m. to consider comments and/or protests regarding proposed services and
adoption of related charges for FY 2006-07. Mr. John Tormey addressed the Board
with comments regarding the budget, complimented the staff and noted the Fourth
Priority Fire Protection Water Improvement Project included in the budget did
not have the “carry-over” notation. There were no further comments from the
public, and the hearing was closed at 10:26 a.m.
END OF TIMED BUSINESS
Moved by Director Verhasselt, seconded by Director Laska, and
unanimously carried, to adopt Resolution
No. 06-13 approving service charges for garbage collection and disposal
and, sewer treatment and disposal services and, a special tax for fire protection
services for Fiscal Year 2006-07.
Moved by Director Laska, seconded by Director Verbanec, and
unanimously carried, to adopt Resolution
No. 06-14 certifying compliance with State law with respect to the levying
of general and special taxes, assessments, and property related fees and
charges.
Moved by Director Verbanec,
seconded by Director Froke, and unanimously carried, to adopt Resolution No. 06-15 approving the Final
Budget for FY 2006-07.
Moved by Director Froke,
seconded by Director Laska, and unanimously carried, to adopt Resolution No. 06-16 establishing the FY
2006-07 sewer connection fee as $3,683.
Fire Chief’s Monthly Report
The Board received and reviewed the monthly
fire department operations report for June 2006. Battalion Chief Scoggin reported
orally on the wild land fire, called the “Poppy Incident,” that occurred off
Congress Road last Friday at around 6 p.m. The fire consumed approximately
one-quarter acre and was contained in approximately 30 minutes. No structural damage
was done. The cause was attributed to a cigarette being stubbed out in a log.
The response went well operationally. Calls such as the one made by Mr. Anway
that he mentioned at the beginning of the meeting are initially received by the
Communications Center in Salinas; dispatchers
follow protocol by asking for a cross street and they were most likely handling
many calls for the same incident. The District’s Reverse 911 Emergency Notification System was activated by Mr.
Kilic who designated the specific area to be contacted. Positive feedback was
received from many residents on the effectiveness of the system. Chief Scoggin
appreciated Mr. Anway’s comments, and any other input forthcoming, to aid the
District in developing administrative protocol and refining the public
notification process via 1620 AM radio broadcasts, Reverse 911, or other means.
Chief Haines summarized the incident stating
that dispatch received calls of the incident, fire staff initially responded to
Poppy Hills, and command personnel went to high ground to spot the smoke with
Chief Scoggin locating the fire off Congress Road within the Morse Preserve. A fire
department patrol unit was used to gain access to the area via well-maintained
fire roads. Two water drops were made from turbine S2 tankers from Hollister,
and several drops from a support helicopter dispatched from the San Benito
County side of Pinnacles National Park. Water drops from the helicopter were
clocked at 95-second intervals, the on-board water tank being refilled using a
hydraulic pump and suction hose to siphon water from Forest Lake Reservoir. Mr.
Anway expressed his appreciation for the aggressive initial assault by air
support in eliminating the risk of the fire spreading beyond the capabilities
of a ground assault.
Chief Haines stated that there is an on-going
investigation into the cause of the recent rash of small fires. District fire
personnel patrol the roads and fire roads. Fireworks as a cause seems to have
run its course, however, smoking within the Forest needs to be addressed
further.
Regarding the QRV vehicle to be purchased by
the District, Chief Haines stated that the cost for the Dodge Durango, with red
lights and siren installed and cabinets built in the back, was conservatively
estimated in the budget. Chief Scoggin stated the QRV crew is very pleased with
the global positioning system “Street Pilot” installed two weeks ago. The
system has an audio component, and was used by QRV staff to direct fire crews
to the location of Friday’s fire.
Fire Defense Capabilities within Pescadero
Canyon
The Board received
and reviewed the submitted Fire Department Staff Report regarding Pescadero
Canyon fire defense. Chief Haines responded to Nancy McCullough’s question as
to why Pescadero Canyon is not the highest priority fire risk area within the
Forest, stating that in the District’s view the entire Forest is encompassed in
the prevention plan and that the maintenance of the fire roads is the highest
prevention priority. Homeowners are notified of prevention standards and are
educated by the District on what needs to be done to maintain properties;
inspections are on-going and of an educational nature, and most property owners
are very responsible. Chief Carreiro, absent from the meeting, has the current
status of vacant lot inspections and compliance. Mark Verbonich related that
PBCo works closely with the District fire department to maintain fire roads in
open space areas according to designated area criteria, such as Huckleberry
Hill and the Los Altos shaded fuel break Vegetation Management Plan.
GENERAL
GOVERNMENT
District Police and
Security Services Authority
Jack Kidder, DMFPO Director and Past President, stated that as a result
of community input via the Traffic and Safety Community Survey conducted in the
fall of 2005, DMFPO has understood the priority concern of residents to be one
of traffic enforcement, with the understanding that traffic is not the only
issue to be addressed by enhanced law enforcement services. He said DMFPO
supports the wording in the submitted
Ordinance No. 24.
Mark Verbonich complimented DMFPO for bringing
the issue of enhanced law enforcement to the Board in a cogent manner with a
philosophy of limited level of service.
Director Laska, notwithstanding his concern of no upper financial limit stated
in the Ordinance, indicated his acceptance of the document as presented. Director Froke
supported the ordinance as presented, and considered the presence of patrol
vehicles as being a significant deterrent to crime.
TIMED
BUSINESS
President Hornbuckle opened the public hearing to
consider comments regarding implementation of police and security services at
11:07 a.m. Mr. John Tormey addressed the Board regarding his preference that: :
1) the law enforcement and security services powers set out at Sections
61100(i) and 61100(j) of the California Government Code referenced in paragraph
two of the Ordinance be spelled out; 2) the wording of the second line of the
third paragraph be changed from “desires” to “shall;” and 3) “reducing” be
added to “modifying, deleting, or adding to that limited exercise” in the first
sentence of Section 2. Mr. Tormey voiced his support of the ordinance under the
condition that funding be at or below the $135,000 budgeted for implementation
in the current fiscal year (Funding for subsequent years will be at an
increased level for 12-month implementation).
There were no further comments from the public,
and the hearing was closed at 11:25 a.m.
Passed and adopted as
presented Pebble Beach Community Services District Ordinance Number 24 implementing certain elements of its newly
authorized powers to provide law enforcement and security services.
Adopted 5 to 0 on the
following vote:
AYES: Directors:
Hornbuckle, Verhasselt, Verbanec, Laska,
Froke
NOES: None
ABSENT: None
Mr. Anthony requested direction from the Board as to whether the District
should contract for a single full-time employee or utilize overtime employee(s)
from one or more law enforcement agencies. He presented slides of data
accumulated from an informal traffic survey he conducted at different locations
within the Forest using a radar display unit. Speeds above 25MPH, 35MPH, and
45MPH, as well as top speeds were listed and indicated a large percentage of speeds
above 25MPH on targeted roads. Four radar display units are budgeted in this
year’s District budget.
The Board concurred that an overtime contract basis would better serve
the needs of the District. President Hornbuckle directed staff send a letter to
Forest residents informing them of the implementation of the radar display
units and supplemental traffic enforcement program. Director Verbanec suggested
building upon the experience of the contracted law enforcement agencies to
develop a plan for the distribution of the radar speed displays prior to
community notification of intended use of the units.
Mr. Anthony stated that the California Highway Patrol is not interested
in contracting for services on a fulltime basis, but will contract for
additional officer patrol on an overtime basis. He stated that managing a dual
contract with CHP and Monterey County Sheriff’s Office (“MCSO”) would not be
difficult; contracting with a private security firm would require a training
curve and additional effort to administer. Whatever types of services are
ultimately contracted for, the newly established District law enforcement
department would operate much as the fire department currently operates: The Board
provided the direction that the general manager directly supervise the new law
enforcement and security responsibilities of the District. The District
Maintenance Department would be in charge of maintenance and physical placement
of radar units, and a part-time student help may be used to help with data
processing.
Mr. Anthony stated the radar display unit locations will take into
consideration the DMFPO survey results. Mr. Kidder suggested that the units be
placed not just on major streets, but on some of the less traveled roads with
risk factors such as width, curves, and pedestrian travel. Mr. Anthony
concurred with Mr. Kidder, stating that major roads would be more subject to
patrol enforcement. Spencer Thompson, DMFPO Traffic and Safety Committee
member, suggested contracting with both CHP and MCSO on a trial basis, and
comparing service to see what agency might best serve the District and
community. He further suggested that the radar unit pilot project include the
services of a professional data analyst to demonstrate the ability of the unit
to influence driver behavior. Director Verbanec reminded the Board of the
option of video surveillance as an element of enhanced law enforcement if,
when, and where the need arises.
President Hornbuckle requested that staff provide the Board a monthly
report of crime and traffic statistics.
Al Budris, DMFPO Traffic & Safety Committee Chair, cited the results
of the 2005 survey as being a key determining factor in the effectiveness of
law enforcement efforts by the District. He recommended the District conduct a
follow-up survey at some point after program implementation to see if survey
results fall below the initial survey results indicating 83% of respondents
felt safe anywhere in the Forest; if less than 83%, then the District needs to
take action.
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 6/23/06 – 7/19/06. Mr. Niccum
responded to questions from the Board.
PBCSD Capital Improvement Projects
Mr. Niccum reviewed orally his monthly
status report on capital improvement projects and responded to questions
regarding hydrant pressure and field testing.
Forest Lake Reservoir
District Engineer Niccum had nothing to add to
the submitted report. Mr. Niccum
stated that, inasmuch as no issues were encountered during the helicopter
siphoning of water from the Forest Lake Reservoir during Friday’s fire, the
District would develop standard operating guidelines for use of the reservoir
for firefighting operations.
Reclamation Project Management Committee
Meeting
Director Hornbuckle
attended the Reclamation Management Committee meeting held July 14, 2006 and
reviewed orally the highlights of the meeting. The MF/RO project is back on
track with CAWD and PBCo coming to an understanding regarding how the
design/build contract would be administered. A platform for one of the
structures is scheduled for construction in October and is to be completed
prior to first rains to avoid significant delays in the project. On another
topic, PBCo would be meeting with Monterey Peninsula Water Management District
for authorization to pursue water sales outside of the Forest in an effort to offset
the $10 million shortfall on the project.
2006 Sewer Line
Replacement Project
The Board received and reviewed the submitted memorandum from the
District Engineer.
Moved by Director Laska, seconded by Director Verbanec, and
unanimously carried to adopt Resolution
06-17 declaring the bid from Pacific Trenchless, Inc., as the lowest
responsible bid and authorize award of a contract in the amount of $510,732 for
the construction of the 2006 Sewer Line Replacement Project.
Director Froke attended the Carmel Area Wastewater District Board
meeting held July 27, 2006 and reviewed orally the highlights of the meeting. He
noted that at each meeting a member of the CAWD field staff attends and
sometimes presents their perspective of CAWD operations. Larry Brown from
operations spoke regarding the attributes of ingenuity and flexibility being
sometimes more important than formal training. The Board will decide at the
next scheduled meeting if attendance at the PBCSD Board meetings would be at
the discretion of the CAWD General Manager. Director Verbanec recommended that
either the PBCSD General Manager or a substitute continue to attend CAWD Board
meetings.
CAWD Meeting Assignment
Director Laska was
assigned to attend the CAWD regular Board meeting on Thursday, August 24, 2006 at 9:30 a.m. in
the CAWD Boardroom at 3945 Rio Road, Carmel.
SOLID WASTE MANAGEMENT
Director Laska reviewed orally the highlights
of the meeting of the Monterey Regional Waste Management District (“MRWMD”)
held on July 21, 2006. Director Laska had submitted a written report to staff
however it was not included in the Board packet. The media event regarding
litter abatement at Window on the Bay on Thursday, July 27, highlighted local
litter issues to raise public awareness on the impacts of litter.
Disposal of Hazardous Waste and Bulky Items
Mr. Kilic reviewed orally the submitted report.
President Hornbuckle requested that private companies be investigated for pick
up of bulky items. Mr. Kilic stated he would review the current franchise
hauler agreement for exclusivity in that regard. Director Laska stated that the
$10-$20 charge for disposal of electronic waste
items at the landfill would cease September 1, 2006. Mr. Kilic clarified
that the additional pickup service currently provided by Carmel Marina
Corporation four times per year is for additional solid waste pickup, not bulky
items. Upon further investigation, the staff will report on other methods that
may be available for pickup of waste items currently not being collected by the
garbage service company.
GENERAL
GOVERNMENT
Safety
Committee Meeting
There were no additions to the submitted Safety
Committee meeting minutes for the last meeting held June 28, 2006.
Sewer
Service to Affordable Housing Projects
Moved by Director
Laska, seconded by Director Verhasselt, and unanimously carried to adopt Resolution 06-18 adopting policies and
procedures for providing priority service to affordable housing projects
pursuant to Government Code Section 65589.7.
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 directors or staff.
Mr. Anthony informed the Board he would be emailing the details of the
upcoming California Special District Association meeting and requested any
members of the Board wishing to attend notify him by the end of the day
Tuesday, August 1, 2006.
Mr. Anthony advised the Board that the District
Administrative Code is in the process of being updated electronically, and
standard operating guidelines are being developed for a number of District
operations. He stated that he and Mr. Kilic would be working to reestablish the
newsletter and single-page mailers would be used more frequently to inform
residents of issues and events.
Director Verbanec will be attending the
California Special Districts Association meeting in Lake Tahoe near the end of
September.
Director Froke stated he needs to fulfill the
ethics training requirement.
Director Verhasselt attended the first half of
the Governance Academy held in Santa Cruz two weeks ago. He will attend the
second half in Santa Cruz on August 18, 2006.
CLOSED SESSION
It was determined that no closed session was in
order.
ADJOURNMENT
There being no further business at 12:35 p.m. a
motion was made to adjourn.
MOTION
07-06-08
M/S/C (unanimous) to
adjourn to the next regular Board meeting to be held on Friday, August 25, 2006
at 9:30 a.m. in the District Boardroom at Forest Lake and Lopez Roads.