PEBBLE
BEACH COMMUNITY SERVICES DISTRICT
BOARD OF
DIRECTORS
Regular
Meeting of March 31, 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 March 31, 2006. Board President Gary D. Hornbuckle called the
meeting to order at 9:30 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
Kacie Demers, Board Clerk, Paxton Ad Hoc
Robert Wellington, Legal Counsel
Suha Kilic, Finance Officer
Michael Niccum, District Engineer
George Haines, PBCSD Fire Chief /
Chief, San Benito-Monterey Counties Unit, California Department of Forestry and
Fire Protection (“CDF”)
John King, Assistant PBCSD Fire Chief / Asst. CDF Unit Chief
Jackie Scoggin, Operations Battalion
Chief, CDF
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
Jan
Roehl, Ph.D., Justice Research Center
Jim
Nero, Director, DMFPO
Al
Budris, Director, DMFPO and Chair, DMFPO Traffic and Safety Committee
Jack
Kidder, Director, DMFPO and Chair, DMFPO Community Survey on Traffic and Safety
“Blue Ribbon” Committee
Vinod
Badani, Vice President, E2 Consulting Engineers
Ray
von Dohren, P.E., General Manager, Carmel Area Wastewater District
("CAWD")
Ken
White, Director, CAWD
Donna
Galletti, Monterey County Sheriff’s Office Coastal Unit (representing Commander
Ed Lorenzana)
Mark
Del Piero, Pebble Beach resident
Joseph
Sawyer, Pebble Beach resident
Jean
Sawyer, Pebble Beach resident
APPEARANCES AND ORDER OF BUSINESS
Noting
the number of residents present, President Hornbuckle suggested and the Board
concurred that agenda item 11 regarding implementation of police powers by the
District would be moved to the first item on the agenda. The General Manager
also indicated that item 14, titled “Resolution 06-05” should be
corrected to appear as “Resolution 06-07”.
GENERAL GOVERNMENT
Supplemental
police services within the Del Monte Forest
Mr.
Andrews reviewed the staff’s understanding of the Board’s direction regarding
supplemental police services: develop proposals from enforcement agencies;
develop proposals for technology-based enforcement; and formulate a legal
opinion regarding various questions posed by directors concerning the
District’s power to provide police services. Mr. Andrews reviewed the submitted
General Manager’s Report, which included recommendations to assist the Board in
making at least tentative decisions relating to the matter. Also submitted was
a legal opinion prepared by Robert Wellington, District Legal Counsel; a draft
agreement between Monterey County Sheriff’s Office (“MCSO”) and PBCSD with
attachments; a proposal submitted by Intact Protective Services for private
security services; the Finance Officer’s Report regarding use of photo radar
equipment for enhanced law enforcement, including a recommendation that the
equipment not be used; and Resolution 06-06, a draft resolution of application
to the Local Agency Formation Commission (“LAFCO”) of Monterey County to take
proceedings for the implementation of the latent powers of police and security
services by PBCSD.
Mr.
Kilic reviewed an annual cost comparison of MCSO services versus combined
services of the California Highway Patrol (“CHP”) and a private security firm, Intact Protective
Services. To expedite the decision process, Mr. Andrews
recommended the Board set a public hearing on the proposed Resolution No. 06-06
for April 28, 2006 at 10:00 AM to consider approving an application to the
LAFCO.
President
Hornbuckle called for a discussion of each of the seven recommendations
included in the General Manager’s report. Regarding his submitted opinion
District Legal Counsel clarified that a District police department could be
established by contracting with state or local agencies just as is done with
current fire protection services. Relating to recommendation 3 to approve in
concept contracting with the MCSO or CHP and a private security firm, Director
Hornbuckle inquired if services currently provided by the public agencies would
continue as-is, independent of any
supplemental services contracted for by PBCSD, or would there be cutbacks in
current services. Mr. Andrews stated current service levels should continue,
but the issue needed to be monitored, especially in light of the possibility of
further County and state budget cutbacks affecting MCSO and the CHP. He said the agencies would continue to be
obligated to provide law enforcement services throughout the County, albeit
they might become minimal due to budgetary restraints. He said contracts with
MCSO, CHP, a private security firm, or a combination thereof, are options for
Board consideration, keeping in mind cost variables. Neither MCSO nor CHP is
adverse to the District contracting with a private security firm in conjunction
with the services of either agency. As to recommendation 4, a draft agreement
for MCSO services, Mr. Andrews said the CHP is agreeable to entering into a
similar contract with the District. Recommendation number 5, to approve in
concept a scope of services for private security patrols was discussed and there was consensus to
include the suggested services as an option in the District’s application to
the LAFCO.
Director
Verhasselt pointed out the notable incidents of burglary and theft occurring
along with speeding and vandalism. Donna Galletti, MCSO, stated that statistics
do indicate a spike in these incidents recently. In response to Director
Laska’s question, Mr. Kilic said private security firms coordinate with the
Sheriff and CHP by use of cell phones, radios with a base station, and scanners
tuned to the MCSO dispatch channel. Mr. Kilic reviewed recommendation number 6
to not use photo radar equipment. He said that while it is understood that the
Board’s intention was not to use photo radar to issue citations, both MCSO and CHP
have indicated that it would not be appropriate for law enforcement agencies to
contact owners of speeding vehicles to obtain feedback or reaction. He said CHP
is firm in its position of not using the equipment due to difficulty in legal
substantiation. District Counsel stated that the use of photo radar technology
for “red light” violations is legal, but its use for speeding violations is
not.
John
Tormey, Pebble Beach resident, felt that further Board discussion regarding the
District taking on police powers was warranted, cautioning that such discussion
should consider that once powers are assumed, the only control by the
constituency of that power would be by disapproval of tax for the services; or
by abolishing the ordinance by referendum or recall of directors. Counsel
Wellington clarified that although the resolution that will be submitted to
LAFCO be for approval of a full-range of powers, the Board, may by adopting an
implementation ordinance, establish limited, specific police powers which may
be expanded on an incremental basis. Any
future change in level of police powers desired by the District will be subject
to adoption of a new or revised Ordinance by the Board.
Spencer
Thompson suggested that the public should not be concerned about an abuse of
discretion by the Board, as Pebble Beach is a community that supports
democratic processes, and that future boards will be responsive to residents’
concerns. Jack Kidder, Chair of the
DMFPO Blue Ribbon Committee on Traffic and Safety, commended the Board and
staff on its responsible, cost-appropriate response to the issues presented
by the DMFPO. He expressed the opinion the recommended service levels are
response to the scale of the problem.
Director Verbanec pointed out that the issue of supplemental law
enforcement is in no way a Board initiative, but is a response to an issue
brought before it by an organization representing the interests and opinions of
residents and property owners. Moreover, he expressed the view the issue closely
parallels the management of the current emergency medical services contract, in which case
Board authority has been commended on several occasions as responsible,
practical, and being conducted on a level appropriate to need. District Counsel
pointed out that flexibility in the scope of services is built into the
resolution to express the intent of the current Board without limiting
subsequent Boards in expanding or diminishing services in the future.
MOTION
03-06-01
Moved by
Director Froke, seconded by Director Laska, and unanimously carried, to set a
public hearing on April 28, 2006 at 10:00 a.m. in the PBCSD Boardroom to
consider adopting proposed Resolution
06-06, a resolution of application to the Local Agency Formation Commission
of Monterey County requesting approval to implement the latent powers of police
protection and/or security services within the Forest, including an
implementation plan for such services.
MOTION
03-06-02
Moved by
Director Verbanec, seconded by Director Verhasselt, and unanimously carried, to
adopt as a new strategic goal of the District the implementation of police
services to augment existing police services within the Forest, including two
primary objectives: a) improved enforcement of traffic regulations, and b)
improved protection from crimes against property such as vandalism.
Moved by Director Verbanec, seconded by Director
Laska, and unanimously carried, to approve the minutes of the regular Board
meeting held February 24, 2006 with one change to page 9, i.e. that Director
Verhasselt spoke regarding the training schedule for new directors, not
Director Verbanec.
Check Register
The Board received and reviewed the Statement of Receipts and Disbursements
and the Check Register for February
2006. There were no comments or questions from directors.
Moved by Director Laska, seconded by Director Verhasselt, and
unanimously carried, to approve the Check
Register for February 2006.
Revisions to
District’s Purchasing Policy
Mr. Kilic reviewed orally the submitted Finance
Officer’s Report regarding revisions to PBCSD’s Purchasing Policy,
indicating that changes recommended were to make the Districts policy,
particularly with regard to purchase limits, consistent with the recently
revised state Community Services District Act. There were no comments or
questions from the Board.
Moved by Director Laska, seconded by
Director Froke, and unanimously carried, to adopt Resolution No. 06-04 which modifies the District policy and
procedures related to purchase and disposal of supplies, equipment and
services, and rescinds Resolution No.
01-23.
Fire Chief’s Monthly Report
The Board received and reviewed the monthly fire department
operations report for February 2006. There were no additions or changes to the
report.
There was Board consensus to agendize the fire department
staff report on Pescadero Canyon fuels and fire risk assessment for next
month’s regular Board meeting.
Fire Chief and
Assistant Fire Chief Assignments
Moved by Director Verbanec, seconded
by Director Verhasselt, and unanimously carried, to adopt Resolution No. 06-05 designating George Haines and John King to
serve ex-officio as PBCSD Fire Chief and PBCSD Assistant Fire Chief,
respectively, in their capacities as Unit Chief and Peninsula Division Chief of
the CDF San Benito-Monterey Unit.
Reverse 911® Notification System
Mr. Kilic gave an oral presentation
and demonstration to the Board regarding the status of the implementation of
the Reverse 911® automated
community emergency notification system within the District. Mr. Kilic will
make a similar report and demonstration at the upcoming DMFPO semiannual
membership meeting on Sunday, May 7, 2006 from 2:00 – 4:00 p.m. in the Ballroom
at the Inn at Spanish Bay.
CDF Management Level Vacancies
The Board received and reviewed
correspondence from CDF Region Chief Candace Gregory, Central Sierra Region IV,
regarding management level vacancies and erosion of experience occurring within
Region IV (which includes the San Benito-Monterey County Unit that provides
contract services to PBCSD for fire protection services) related to salary
inversion problems within CDF. Mr. Andrews stated that upper management-level
salaries within local CDF units are less than supervisory positions within
units, and the inversion problem is causing higher-level positions within units
to remain vacant and that there is no pay incentive to fill the positions as
upper management employees retire. There was Board consensus that the General
Manager draft a letter to CDF Headquarters in Sacramento, for the Board
President’s signature, expressing the Board’s concerns about the upper
management salary inversion problem as it is affecting the San Benito-Monterey
County Unit.
MAINTENANCE, ENGINEERING, AND CONSTRUCTION
Forest Lake Reservoir
Mr. Niccum reviewed the status of the Forest Lake Reservoir
Project. He stated that the reservoir is currently filled to approximately 78%
capacity.
PBCSD Capital Improvement Projects
District Engineer Niccum reviewed orally his monthly
status report on capital improvement projects. He responded to questions from the Board.
PB-4 Utility Truck Replacement
Mr. Niccum reviewed orally the
submitted District Engineers memorandum recommending purchase of a utility
truck through the State’s purchasing program, and purchase and installation of
the specialized service body as negotiated by District staff. There were no comments or questions from the
Board.
Moved by Director Laska, seconded by Director Verbanec, and
unanimously carried, to adopt Resolution
06-07 authorizing the purchase of a utility truck for the maintenance
department from Downtown Ford Sales for a total cost of $41,140 including the
California Department of General Services contract price of $26,467 for the cab
and chassis and an additional $14,673 for the service body and accessories.
Wastewater collection, treatment and disposal system
The
Board received and reviewed the District Engineer’s Report of Utilities
Operations and Maintenance for 2/16/06 – 3/22/06. There were questions or
comments from the Board.
Reclamation Management Committee
Meeting
The
Board received and reviewed the District Engineer’s memorandum regarding the
March 17, 2006 meeting of the Reclamation Management Committee. There were no
questions or comments from the Board.
WaterReuse California Section
Meeting
Mr. Andrews attended the
Carmel Area Wastewater District Board meeting held March 20, 2006 and reviewed
orally the highlights of the meeting.
CAWD Meeting Assignment
Director Verhasselt 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 reviewed orally the submitted report of the meeting of the Monterey
Regional Waste Management District (“MRWMD”) held on March 17, 2006. The MRWMD Board
authorized a waiver of fees to member agencies for disposal of household
batteries. Battery drop-off locations will be established. Suggestions were
solicited on how to best notify residents of drop-off locations and batteries
appropriate for disposal.
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.
There
were no oral reports or announcements.
CLOSED SESSION
At 12:05 p.m. President Hornbuckle announced the Board would
meet in closed session to discuss the appointment and employment of a general
manager to replace the current general manager who will retire on June 1st.
ADJOURNMENT
At 12:21 p.m. the Board reconvened to open session, Legal
Counsel announced that the matter discussed in closed session was as listed on
the agenda, and that no reportable action was taken by the Board in closed
session. There being no further business
at 12:22 p.m. a motion was made to adjourn.
MOTION 03-06-08
M/S/C (unanimous) to adjourn to the next
regular Board meeting to be held on Friday, April 28, 2006 at 9:30 a.m. in the
District Boardroom at Forest Lake and Lopez Roads.
Richard
Andrews, Secretary