BOARD
OF DIRECTORS
Regular
Meeting of May 27, 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 May 27, 2005. Board President Gary D. Hornbuckle
called the meeting to order at 9:33
a.m.
ROLL CALL
Present: Directors Jeffrey
B. Froke, Ph.D., Dr. Gary D. Hornbuckle,
Leo M. Laska, Nancy D. McCullough, Richard D. 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
Michael Niccum, District Engineer
Sam Mazza, PBCSD Fire
Chief/California Department of Forestry and Fire
Protection ("CDF"), San
Benito-Monterey Counties Unit
Dennis Carreiro, Fire Prevention
Battalion Chief, CDF
Jackie Scoggin, Operations Battalion Chief, CDF
George Haines, Asst. Unit Chief, CDF, San
Benito-Monterey Counties Unit
Jack Kidder, President, Del Monte Forest
Property Owners (“DMFPO”)
June Duran-Stock, DMFPO Director
Mark Verbonich, Vice President, Community
Affairs, Pebble Beach Company
("PBCo")
Joyce Stevens, Director, Carmel Area Wastewater
District (“CAWD”)
Vinod Badani,
Vice President, E2 Consulting Engineers
John Tormey, PBCSD
resident
Spencer Thompson, PBCSD resident
John Fisher, Pacific Grove resident
APPEARANCES AND ORDER OF BUSINESS
There were no additions or changes to the
Agenda.
MINUTES
General Manager Andrews reported two corrections submitted by Director Verbanec: Page 7, CAWD
Board Meeting,
beginning of the first sentence, “Director Verbanec…”
changed to “General Manager Andrews…” and page 10, Oral reports or announcements from Board President, directors or staff, wording
changed from “…the former for two days in May and the latter for two days in
June.” to “…the former for one day in May and the latter for two days in May
and two days in June.”
MOTION
05-05-01
Moved by Director Froke,
seconded by Director Laska,
and unanimously carried, to approve, with
submitted changes, the minutes of the regular Board
meeting held April 29, 2005.
FINANCIAL MATTERS
Statement of Receipts and Disbursements
Warrants Register
The Board
received and reviewed the Statement of
Receipts and Disbursements and the Warrants
Register for April 2005. Finance Officer Kilic reported that $424,000 in
property tax revenue was transferred to the State as a result of Proposition 1A
which was passed in November 2004. The legislation shifted property tax revenue
to the State to help overcome its budget deficit. The $424,000 is half of the
amount given to the state this fiscal year, the other half was given in
December 2004 for a total of approximately $850,000. This shift is for two
years, with another $850,000 to be shifted in the next fiscal year as well. The
report also reflects the large portion of service fees collected as a result of
the second installment of property taxes. Mr. Kilic responded to questions from
Board members.
MOTION 05-05-02
Moved by Director Laska, seconded by Director Verbanec,
and unanimously carried, to approve the Warrants
Register for April 2005.
Long-Term Capital Outlay Program
District Engineer
Niccum reviewed orally his submitted memorandum and Long-Term Capital Outlay
Program. Costs are somewhat linear over the 15 years of the program with
the exception of the Forest Lake Reservoir project that is a reimbursed cost
under the reclaimed wastewater project. In response to Director Laska, Mr. Niccum stated that CAWD has been studying replacement
alternatives for its disinfection system as the
current system uses a gaseous chlorine process and there is a safety concern
during transport and use. The Long Term Plan includes Ultra Violet (“UV”)
treatment, the most expensive alternative. In response to Director McCullough’s
inquiry regarding water system improvements for fire protection, Mr. Niccum
stated that fire hydrant flow criteria for residential areas are 1,000
gallons/minute (“gpm”). Following completion of the
highest priority water system reliability projects (i.e. standby power,
pumping, etc.), the first three priority waterline replacement projects
upgraded water lines with flows of 500 gpm or below
to achieve an acceptable cost/benefit level.
Future priority projects may propose replacing water lines with flows
already achieving 800 to 900 gpm and may not warrant
the costs incurred for the benefits achieved. Mr. Andrews stated that, from a
board perspective, one of the most important policy issues in the next 2 to
4-years is to evaluate whether the remaining fire protection water system
improvements projects are cost effective in terms of fire protection benefits
derived or if District revenues would be better spent on yet-to-be identified
projects or services yielding a higher cost/benefit ratio. Director McCullough
asked if the level of priority of water line replacement was based on the
amount of flow needed in a particular location, i.e., residential areas or open
space areas. Chief Mazza responded that the fire code
residential area flow requirement is based on improvements and structures and
the estimated flows necessary to combat fires based on that criteria. He said the flow requirement is consistent
throughout the system and independent of location, although, technically, open
space fires require less flow than fires in residential areas. Fire Prevention
Battalion Chief Carreiro commented that flows throughout the water system would
increase, even outside of the scope of the replacement project, due to the
upgrade of the system. Discussion ensued regarding the definition of “required”
District projects versus “discretionary” projects as they relate to the
long-term capital outlay program. Director McCullough said that she perceived
the plan to be a guideline for the Board
to use when determining the level of need for a particular project. Director Laska asked if it was now time for the board to review
upcoming discretionary water projects, regardless of priority, before they are
fully designed to render judgment on the benefit of each. Mr. Andrews indicated
that as the District proceeds to address the lower priority fire protection
water system projects included in the 15-year plan staff will now present each
project to the Board as soon as the
scope of work is known, and before any substantial design is carried out.
Director Laska felt it prudent to retain
lower-priority projects or phases of projects in the long-term program with
project viability to be determined by the Board.
Resident, John Tormey commended the staff for its
excellent work in the preparation of the long-term program.
Long-Term Financial Plan
Mr. Kilic reviewed
orally the Long-Term Financial Plan. Director Laska
asked what factors are used to estimate revenue increases, bearing in mind that
property values may increase dramatically with the current housing market and
an increase in water availability in the Forest.
Mr. Kilic said it is anticipated that over the near term property tax revenue
may increase significantly. He said, however, pending and future state
legislation may take property tax revenue away from districts, which may offset
the increase in property tax revenue. Mr. Kilic said because the District
heavily relies on property tax revenue staff has been conservative in revenue
estimates. In response to Director Froke’s question,
Mr. Kilic stated that approximately 24 cents of every dollar paid to the County
in property taxes is allocated back to the District. Mr. Andrews commented that
he continues to reinforce the current and past Boards’
wise policy to treat District operations as a going concern, including
consistently authorizing sufficient reserves to meet future capital outlay
needs. The District has been fortunate
to have a revenue source that makes it possible to plan and execute required
upkeep of its infrastructure. He said
that policy insures that each generation of taxpayers pays a fair share and the
District avoids passing on major capital costs to future generations.
MOTION 05-05-03
Moved by Director Laska,
seconded by Director Verbanec,
and unanimously carried, to approve the updated
2005 PBCSD Long-Term Capital Outlay
Program and the updated PBCSD Long-Term Financial Plan.
FIRE PROTECTION
Fire Chief’s Monthly Report
The Board
received and reviewed the monthly fire department operations report for April
2005. Operations Battalion Chief Scoggin added to the
report a traffic collision that occurred Friday night that resulted in the
fatality of a student. She stated inasmuch as fire department personnel at the
Carmel Hill fire station heard the collision, response time was immediate.
Director McCullough noted in the minutes of the District board meeting of April
29, 2005, page 5 in the last paragraph the statement that “higher fuel loads
create extreme fire hazard conditions in other areas of the state” did not
address high fuel loads locally. Chief Scoggins responded that the statement
during last month’s meeting was in the context of an indirect affect of high
fuel loads creating explosive fires in other areas causing District personnel
to be called off to assist in those areas, reducing staff availability in the
Del Monte Forest. She stated that high fuel loads are always a factor in this
area and fire department staff addresses the issue in standards included in the
PBCSD Fire Defense Plan.
Fire Defense Plan
Fire Prevention Battalion Chief Carreiro
submitted the 2005 updated PBCSD Fire Defense Plan (“Plan”) to the Board, stating that it is substantively the same as
presented several months ago with minor changes made after input and review by
staff. A section on public education was removed and placed in another area of
the fire department prevention program outside of the Plan. He said Fire
Department staff is ready to move ahead to achieve the goals as stated and have
tentatively scheduled implementation of portions of the Plan relating to
residential and vacant lot inspections to begin June 1. Director Verbanec inquired whether there will be any thinning
throughout the Forest in general, and
particularly in light of the density of re-growth occurring on Huckleberry Hill
from the 1987 fire becoming what appears to be a fire danger and a forest
health concern. Chief Carreiro responded that 1) the Plan extends the thinned
area an additional 100’ across the top of the natural area to give an average
depth of 250’ off of Los Altos/Costanilla, and 2)
regarding the density of the rest of the stand, Vern Yadon,
retired Director of the Pacific Grove Museum of Natural History, and a naturalist
member of the Del Monte Forest Open Space Advisory Committee (“OSAC”), has
expressed concerns as to the health of the regenerating Monterey Pine stand. In
that regard, he said the fire department is looking into the possibility of
opening up some working trails to move materials downhill from the top of the
area being worked on to create access into the center of the stand to allow the
Del Monte Forest Foundation to expand thinning operations further into the
densely growing pine stand. He said that
Mr. Yadon seems pleased with the health of the first
150’ of the shaded fuel break that has been developed over the last ten
years. Chief Carreiro indicated that
there seems to be consensus that sufficient time has now elapsed in the regrowth of trees since the 1987 fire to identify the
healthiest of the species and to thin the rest of the dense stand by means
undetermined at this point. Director Froke suggested
that the District also collaborate with CDF’s
resource management personnel on forest health issues. Chief Carreiro suggested
that the CDF resource management group perhaps could write an opinion page to
be submitted with OSAC comments. In
response to directors’ questions concerning responsibility for Plan implementation,
Mr. Andrews indicated implementation costs are primarily the responsibility of
property owners. He said in many cases
the property owner will be the Pebble Beach Company, and even with regard to
open space easements deeded to the Del Monte Forest Foundation by the PBCo, provisions of the easements require PBCo to pay for vegetation management. Chief Carreiro said
that enlisting additional labor to assist in extending the Huckleberry Hill
thinning is an option, however it would be expensive commercially and difficult
to implement, He noted that current resources of the Gabilan
Conservation Camp are slowly making progress each year. As to the possibility of the District
applying some of its discretionary revenue to assist in implementing the PBCSD
Fire Defense Plan, Mr. Andrews stated that for the first time two to three
years ago the Board authorized
committing District funds to bear costs of improving a fire road, in this case
the extension of Pescadero Canyon Fire Road 23 below
the tier of homes on Sunset Lane to a point opposite the CDF Carmel Hill
Station.
President Hornbuckle
suggested, and directors concurred, that the fire department staff prepare
preliminary information regarding the priority of what could be done with
additional resources to aid in implementation of the Fire Defense Plan and the
cost of those resources. Chief Carreiro suggested that the request be
added to the OSAC agenda next month for general discussion and that he bring a
general direction back to the Board.
Mr. Tormey observed
that the District must confine its actions to issues of fire prevention in
matters of forest management and must be careful not to overstep its authority.
June Duran-Stock expressed appreciation for Chief Carreiro’s
involvement with OSAC and supported the idea of convening OSAC to review and
provide input on the Fire Defense Plan.
She expressed concern that implementation of the Plan should coincide
with an appropriate degree of public relations to alleviate opposition that may
develop due to property owners being bound to the requirements with no previous
knowledge of the Plan. Chief Carreiro advised that the public has received a
first notice of Plan requirements in the annual fire inspection mailer that is
distributed to all residents. He said
the only new issue affecting private property owners is the increase up to as
much as 100 feet in defensible space in future years, which is required by new
state legislation Director Verbanec strongly urged
that residents also be notified of the Fire
Defense Plan via the District newsletter, the DMFPO newsletter and
semi-annual meeting, and other mechanisms in light of the concern that has been
expressed over the issue of fire hazards, particularly from those who resided
in the forest in 1987. Mr. Andrews stressed that while much of today’s discussion
had focused on the role of the OSAC the Del Monte Forest Foundation is also a
key player in the management of open space and implementation of the Fire Defense Plan.
Director McCullough asked Chief Mazza if any permits for fireworks displays had been
received pursuant to the District’s ordinance requiring applications for
permits for fireworks displays to be submitted to the fire chief 60 days prior
to the event. Chief Mazza stated no requests for
permits had been received.
MOTION 05-05-04
Moved by Director Verbanec,
seconded by Director McCullough, and unanimously carried, to approve the 2005 update of PBCSD Fire Defense Plan.
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 the period of 4/21/05 –
5/20/05. There were no questions or comments from the Board.
Forest Lake Reservoir
The Board
received District Engineer Niccum’s memorandum and a
slide presentation regarding the Forest Lake Reservoir Project. The California
Department of Water Resources, Division of Safety of Dams (“DSOD”), will not
allow a change from reinforced concrete to steel for the outlet pipe that will
be bored through the reservoir embankment.
Excess soil excavated from the third priority fire protection water
system pipeline replacement project is adequate for use in this project. The
District is requesting approval from DSOD for a reduction in freeboard around
the perimeter of the reservoir to increase water storage capacity. A public
meeting will be scheduled in the next couple of weeks to share project
information with neighboring residents of the project. Director Verbanec
noted that the completion date for the reservoir element of the project is
November 2005, the same month as the next scheduled DMFPO semi-annual meeting
and suggested a presentation regarding the reservoir be part of that meeting.
In response to questions from Mr. Tormey, the District Engineer stated that Indian relics
would most likely not be encountered, as the reservoir was constructed in the
late 1800s, and no artifacts have been discovered to date.
Reclamation Management Committee Meeting
The Board
received Director Hornbuckle’s submitted report of
the Reclamation Management Committee meeting held May 20, 2005. CAWD Director,
Joyce Stevens emphasized the CAWD is not embarrassed by the increased cost
estimate for the MF/RO facility. She
characterized the nature of the advanced treatment element of the project
planned for the CAWD wastewater treatment plant as one of cutting edge
technology. The advanced treatment pilot
project was established for this reason and, as the project design is being
worked through, better ways of proceeding are being discovered. Ms. Stevens said it is important to CAWD that
the project be designed to minimize operating costs. She noted that the revised cost estimate does
present a problem to the PBCo; however water sales
remain available to defray the added costs.
Director Verbanec felt that, although there
was no mistake made that led to the revised cost estimate, there was a lesson
in multi-agency communication to be learned by everyone involved in a large,
complex project such as this.
Mr. Andrews stated that PBCSD’s
engineers have concluded the delay in bringing the CAWD MF/RO facility on line
will only affect the Forest
Lake reservoir project in
that the reservoir will be operated with the existing tertiary treated recycled
water for the approximately two additional years that it will take for
implementation of the CAWD MF/RO project.
The existing tertiary treated water includes more nutrients than water
treated by the planned MF/RO unit.
Therefore, there will be a greater potential for algae growth until the
MF/RO unit at CAWD becomes operative.
Notwithstanding, the algae control measures included in the Forest Lake
project should be adequate to address the potential for additional algae
growth.
PBCSD Capital Improvement Projects
The Board
received and reviewed the District Engineer's monthly status report on capital
improvement projects. Mr. Niccum pointed out that the Pump Station P-7 Wet Well
Expansion Project near the 18th tee on the Pebble Beach Golf Links
is complete and has been removed from the list of capital improvement projects.
There were no questions from the Board.
CAWD Board
Meeting
Director Hornbuckle
submitted a written report regarding the Carmel Area Wastewater District Board meeting that he attended on May 19, 2005. He noted that a large portion of the CAWD
Board meeting was devoted to discussion of the temporary discontinuation of
planning for the advanced treatment component of the expanded reclamation
project due to increased project cost estimates. He said the subsequent discussion of this
matter by by the Reclamation Management Committee on
May 20 was summarized in the earlier report that he had submitted, and which
was discussed at agenda item no. 10-A.
CAWD Meeting Assignment
Director McCullough accepted the assignment to
attend the CAWD regular Board
meeting on June 16, 2005
at 1:30 p.m. in the CAWD Boardroom at 3945 Rio Road, Carmel.
SOLID WASTE MANAGEMENT
Director Laska reported orally regarding the
meeting of the Board of Directors of the Monterey Regional Waste Management
District (“MRWMD”) held on May 20, 2005. One topic was the acceptance of waste
generated outside the district from Salinas
Valley and Santa
Clara County, some of
which is now being accepted at MRWMD’s Marina landfill. This
would decrease the life of the landfill from about 100 years to perhaps 85
years. He said the rationale for allowing the collection of out-of-district
waste is that it lessens the prospect of fee increases for current MRWMD
customers. Director Laska noted that in south Monterey County, which is outside of the MRWMD,
sentiment seems to be developing to oppose the establishment of any new
landfill in the area. He said his sense is that waste from Salinas Valley
will be taken in by MRWMD on a contractual basis for some number of years, as
long as the agreement includes exit capability. Director Verbanec
referred to a newspaper article regarding proposed legislation that requires
vendors of all types of batteries to collect expended batteries from consumers
for recycle or disposal. Director Laska had no
knowledge of MRWMD board discussion on the matter, but said he would inquire at
the next meeting.
GENERAL GOVERNMENT
Mr. Andrews reported that he had attended a one
and a half day government affairs conference in Sacramento hosted by the California Special
District Association. He submitted to
the Board a written summary of
legislation discussed. Mr. Andrews said in his opinion, from a legislative
point of view, it is a fairly routine year with regard to legislation impacting
community services districts. He said
the major focus on special districts is “sunshine legislation” and
good-government cleanup-type bills. He
noted that many of the proposed new requirements are already being met by PBCSD
and other districts. He observed,
however, that Senator Ortiz’s bill would require annual ethics training of
directors and key management staff. Mr. Andrews felt that one pending bill of
concern to the District might, under certain circumstances, direct county
supervisors to reallocate property taxes among the various local government
entities within counties. It is unknown whether the legislation will be adopted
during this session of the Legislature; however as the state’s structural
budget problems continue it may be looked at more closely. He said Proposition
1A adopted by the electorate last year protects local government property taxes
from being reallocated by the state, but it does leave the door open for the
legislature to “borrow” money from districts with a two-thirds legislative vote
and approval of the Governor during times of economic emergencies. And, he noted, Proposition 1A also provides
authorization to the Legislature to allow reallocation of property taxes within
counties. That authorization has not been implemented yet, but the related
legislative debate warrants monitoring.
Mr. Andrews stated that the comprehensive
rewrite of the Community Services District Act sailed through the Senate and is
presently on the Assembly side of the Legislature. Legal counsels from other
districts have proposed a number of amendments, and the rewrite steering
committee will meet next week. He said most of the amendments do not look
significant; however progress of SB-135 may be slower in the Assembly.
Director Verbanec
reported that he had recently attended the first two days of the governance
academy hosted by California Special Districts Association He said recommended
best practices were covered, of which the District does all with the exception
of how the desks are arranged for Board meetings. He noted that more of a round table
configuration is recommended to allow better eye contact among directors during
Board discussions. Director Verbanec commented that after attending the governance
academy, it became apparent to him that this district is run exceptionally
well. Mr. Andrews pointed out that in addition to good staff, credit should
also be given to the Board, as the District has been fortunate over many years
to have had well qualified directors who have brought a uniquely wide breadth
of experience to bear in the governance of PBCSD.
Evaluation of Options and Costs of Supplemental
Law Enforcement Services Within the Forest
Mr. Andrews reviewed orally his submitted
General Manager’s Report regarding the status of evaluation of police
protection requirements. He said the
report was preliminary and prepared in response to the Board’s instructions to
provide assistance to the Del Monte Forest Property Owners (“DMFPO”) in
developing information regarding the possible need for supplemental law
enforcement services within the Forest. Mr. Andrews said that based on data provided
by the Monterey County Sheriff’s Office (“MCSO”) and Pebble Beach Company
Security (“PBSec”) he had tentatively concluded that
the overall rate of crime has not increased from levels as far back as 1987,
the last time a comprehensive analysis was done of law enforcement requirements
within the Forest. He noted, however, that over time a significant
shift appears evident in the number and types of calls responded to by PBSec and calls responded to by MCSO. He said that the MCSO
appears to be recording twice as many calls and the PBSec
substantially fewer resident calls.
While the total number of resident calls answered by both agencies seems
to be comparable to past years, he said PBSec now
limits its coverage to primarily Pebble Beach Company property and no longer
responds to many of the types of incidents that it used to routinely handle
accept. Notwithstanding, the MSCO is
responding to fewer of the types of incidents routinely handled by PBSec in the past.
Mr. Andrews said it is not known whether there are actually fewer of
these types of incidents or whether residents are not reporting them. He also reviewed a baseline cost estimate for
possible contract services provided by the MCSO. As to service options, he said use of PBSec for enhanced enforcement is not an option, as PBCo’s policy is not to support this type of service. Mr.
Andrews expressed the view that ascertaining public opinion is a key step in
the process of evaluating what if any additional law enforcement services may
be needed and supported. He said that a
viable way to do this would be to conduct a resident survey with the assistance
of a professional consultant and an assigned ad hoc committee. Mr. Andrews
provided the Board a copy of a
similar type of community policing survey that was undertaken by the Pacific
Grove Police Department. He recommended
that the Board receive his
preliminary report as information, authorize the General Manager, in
cooperation with DMFPO, to conduct a community policing survey, discuss the
information in the report, and further instruct District staff in the matter.
Director Hornbuckle
expressed the view that the need for supplemental services was not addressed in
the report, and that the estimated costs presented were premature in the
evaluation, as the need for supplemental services had not yet been established.
Mr. Andrews emphasized that the baseline cost estimate was for information
only, to provide the Board with an idea of the magnitude of costs that would be
involved in contracting for additional law enforcement services. Director Froke commended DMFPO for bringing in the sheriff’s volunteer
motorcycle squad for traffic law enforcement. Jack
Kidder, DMFPO Board
President, stated that the motorcycle squad reported that there were an
abundance of speeders observed during a relatively short patrol period. Mr.
Kidder said one concern of residents is that incidents are underreported. Mr.
Kidder, after reviewing the raw numbers used as the basis for Mr. Andrews’
report, observed the trend of more calls for MCSO to respond to within the Forest. He said
MCSO management has acknowledged that due to County budget problems there are
approximately half as many deputies available to respond to those increasing
calls for service as there were a few years ago. Mr. Kidder said that one of
the concerns of residents who have brought their complaints to the DMFPO is
that a lot of incidents are not being reported by residents because they think
they are not major and will be viewed as minor incidents by the MCSO. He said there is a concern these types of
unreported incidents will grow larger and become a greater problem if something
is not done to deter them. Director Hornbuckle
expressed concern that Mr. Kidder’s statement was a hypothesis not supported by
the findings of the report. He said the
hypothesis inferring increases in vandalism and lack of reporting was presented
as fact, when no facts had yet been developed. Mr. Kidder responded that the
basis for the request to examine the issue of whether supplemental law
enforcement should be implemented included facts such as a dramatic increase in
attendance at a recent DMFPO neighborhood representative meeting where
residents expressed concern and provided information about law enforcement
problems. In addition, he said the
matter had received considerable attention at the recent DMFPO semi-annual
membership meeting, and by residents in general who have contacted the
DMFPO. Mr. Kidder felt, based on DMFPO’s information from residents, albeit unscientific,
the issue was of greater concern to the community than what has been expressed
publicly to this point. He supported Mr. Andrews’ recommendation to conduct a
survey to determine the level of concern and determine what specific issues
residents are concerned about. Director Hornbuckle expressed doubt about the usefulness of a
survey, stating that respondents might convey information of an emotionally
driven nature to the degree they believe they have been assisted or not been
assisted by or, alternatively, reprimanded by law enforcement activity. He felt
that only data of calls actually received should be evaluated.
Director Verbanec
felt it would be difficult to examine the degree of underreporting of incidents
by studying incidents reported. Director
Froke suggested there be more consideration of a
neighbor-to-neighbor system of reporting, putting the responsibility on
neighborhoods and individuals to report crimes. Mr. Kidder stated that for
purposes of tracking and comparing each reporting method, preliminary steps had
been taken to establish DMFPO as a resource for residents to report incidents
in addition to reports being made to MCSO.
Further discussion ensued, including questions
and expressions of opinions among directors regarding perceived levels of crime
in the Forest, the history of law enforcement as a ballot issue in PBCSD,
District authority to institute services, and the perceived level of desire of
residents for the District and DMFPO to take an as-yet undefined degree of
action on this matter. Director Verbanec expressed
the opinion that perhaps the Board
was conducting an inappropriate debate in that the opinions of the directors as
to the need for supplemental law enforcement are irrelevant at this time. He said the people in the District can have
whatever they want if they are willing to pay for it. He said that he did not
think the District, through the Board, should be an advocate one way or
another. The most important role of the
District should be to determine the facts.
In his view, the Board’s
responsibility should also include determining what it is the public wants. The
District, in its position to provide those services, must determine the desire
of its residents. Mr. Verbanec said that the General Manager’s report could be a
helpful benchmark in determining that desire in cooperation with DMFPO,
acknowledging that DMFPO is an advocate of supplemental services. If opposition
arises, so be it.
PBCo Vice President of
Community Affairs, Mark Verbonich further clarified that the law enforcement
capacity of PBSec has changed since the previous
ballot measure regarding supplemental services in 1987 when it was licensed to
provide 3rd party contractual security services. He said potential
liabilities led PBCo to drop that licensing and focus
on protection of PBCo property. Another change since
1987 is how the community viewed the role of PBSec
within the Forest; in the past PBSec sometimes intervened in incidents that were rightly
the responsibility of another appropriate authority. Over the years, much has
changed philosophically within PBSec and the public
service community. PBSec’s role is more defined
now. He said PBSec
provides back-up response to appropriate first responders, but is not a first
responder. Mr. Verbonich indicated that
he did not anticipate any change in that role.
Spencer Thompson, Pebble Beach
resident and DMFPO Traffic and Safety Committee member, expressed concern that
the major issue of speeding was not being addressed in the discussion. Mr.
Kidder recalled a Traffic and Safety Committee meeting he attended a few years
back as a resident where speeding was discussed. Subsequently, speeding was
deemed not a problem and dismissed until now. He said data from the MCSO
motorcycle squad’s current efforts will aide in determining the extent of
speeding violations.
Director Laska said
he was not sure it would be appropriate to spend District money to conduct a
community survey. He expressed concern
that such a survey might circumvent directors’ responsibilities to make
representative decisions and result in the District conducting its business by
referendum. He said the Board is
elected to take action deemed appropriate on behalf of property owners and
residents. He felt it best that DMFPO lead in developing data and determining
any patterns or increases for both speeding and other incidents.
Upon conclusion of the preceding discussion,
Mr. Andrews requested clearer direction by the Board
as to how District staff should proceed. He questioned the usefulness of
traffic patrol information from the MCSO and CHP, as they do not patrol
regularly. Mr. Kidder requested clarification on the Board’s
direction in the matter to take back to his constituency and felt that the cost
of a survey should not be the basis of dismissing that option. Director Verbanec suggested DMFPO contact residents through its
newsletter, defining a spectrum of possibilities ranging from doing nothing
regarding law enforcement enhancement to creating a law enforcement department
within the District, and then determining where the desire of property owners
falls in that range. Director Laska agreed there is a
need to further refine incident data to determine whether the focus of
residents is of a traffic or welfare nature, or both. Director Verbanec requested data collection capabilities of mobile
radar units now in use by PBCo and others be evaluated. President Hornbuckle
suggested, and the Board concurred, that District staff outline methodologies
that could be employed to gather appropriate and necessary information that can
be used by the Board to determine how to proceed in response to DMFPO’s request.
Post
Retirement Health Benefit Program
Mr. Kilic reviewed
orally his submitted Finance Officer’s Report regarding a proposed retirement
health savings plan. Director Laska requested that
the plan be maintained at the initial level with no employer contribution for a
period of 5 years. Mr. Kilic clarified that employees have a one-time selection
of the employee portion of contributions that is irrevocable based on the
Internal Revenue Service Code.
MOTION 05-05-05
Moved by Director Laska,
seconded by Director Verbanec, and unanimously
carried, to approve the establishment
of a Retirement Health Benefit Services Plan for District employees with the
International City Managers Association Retirement Corporation with a
stipulation that for at least 5 years there will be no employer contribution,
and direct the General Manager to prepare and submit necessary documents for
adoption and implementation of the Plan for Board approval.
Safety Committee Minutes for Meeting Held May 10, 2005
There were no questions or comments regarding
minutes submitted by the District Safety Officer, Michael
Niccum.
MISCELLANEOUS INFORMATION AND COMMUNICATIONS
Oral reports from General Manager
There were no miscellaneous 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.
Oral reports or announcements from Board President, directors or staff
There were no reports or announcements from the
Board or staff.
CLOSED SESSION
President Hornbuckle
announced the Board would not need
to meet in closed session.
ADJOURNMENT
There being no further business at 12:50 p.m. a motion was made to
adjourn.
MOTION 05-05-06
M/S/C (unanimous) to adjourn to the next
regular Board meeting to be held on
Friday, June 24, 2005 at 9:30 a.m. in the District Boardroom
at Forest Lake and Lopez Roads.
(s) Richard Andrews, Secretary