Meeting Minutes Feb. 13 2002

M I N U T E S
REGULAR MEETING
OF THE BOARD OF DIRECTORS
February 13, 2002
7:00 p.m.

A. Call to Order & Roll Call

A meeting of the Santa Rosa Community Services District was held at the Santa Rosa CSD Office commencing at 7:03 p.m. on February 13, 2002. Present at the meeting were the following Directors:

Director Buescher
Director Demos
Director Roy
Director Thomas

Director McBride was absent.

The following persons were also present:

General Manager Rogers
Assistant Secretary Gipson
General Counsel Scott

President Demos led the Pledge of Allegiance.

B. Sheriff

Deputy Jacobs gave the Sheriff's Report for January 2002 and updated the Board on February activities. A copy of the monthly report is on file with the District Office.

C. International Rubbish Service

Kevin Bowling was not present, so the Board deferred this item to the March Board Meeting. In the interim, the Board directed General Manager Rogers to obtain rates from other rubbish companies for providing franchise services.

D. RBF Consulting

Kevin Thomas, Vice President of the Environmental Services Department at RBF Consulting, addressed the Board concerning environmental requirements on District projects. He presented a proposal for providing consulting services including preparation of a document which would encompass a series of twelve improvements.

Motion was made by Roy, seconded by Buescher to accept the proposal from RBF Consulting, and direct the Engineering Committee to identify the other eight projects to be included in the environmental document.

The motion failed by the following roll call vote: Buescher, aye; Demos, noe; Roy, aye; Thomas, noe.

It was the consensus of the Board that the matter be referred to the Engineering Committee for discussion and recommendation to the Board at the March 13 meeting.

At this time the Board proceeded to Agenda Item "L".

L. Award of Contract: Reconstruction of a Portion of Carancho Road

General Manager Rogers informed the Board that bids were received for this project, and there were omissions in some the bids, including that of the low bidder, Premiere Paving, who did not list their asphalt supplier. President Demos read from the District's Contract Documents, which state:

"All Bidders shall supply with their bids the names and addresses of major material suppliers and subcontractors performing five percent (5%) of the total Contract price as set forth in the Bid, or $10,000.00, whichever is greater."

General Counsel Scott described the Board's options of either 1) rejecting all bids, 2) awarding the contract to the low bidder, Premiere Paving, with the understanding that they had a material advantage by not listing their asphalt supplier, or 3) awarding the contract to the lowest responsive bid. It was the consensus of the Board to award the contract to the second low bidder, RVC Roadway Construction, who submitted the lowest responsive bid. Motion was made by Demos, seconded by Thomas, to adopt Resolution No. 02-02: < Awarding a Contract for the Reconstruction of Carancho Road The motion carried unanimously.

At this time the Board returned to Agenda Item "E".

E. Public Expression

None.

F. Information Only

The December 2001 Financial Statements, and the January 2002 Statements of Reimbursements and Investment Policy were received by the Board.

G. Consent Calendar

Motion was made by Demos, seconded by Buescher, to approve the Consent Calendar.

The motion carried unanimously.

H. General District Update

General Manager Rogers updated the Board on District activities since the last Board Meeting, and presented his written report which is on file with the District.

I. Proposed Changes to District Ordinance Code

General Manager Rogers explained that there are several sections of the Ordinance Code that need to be updated. He reported that he will be setting a work session with the Engineering Committee to discuss the potential changes.

J. General Counsel

None.

K. Completion Notice: Los Gatos Rd, Sunset Terrace, and Morning Glory Circle

General Manager Rogers summarized the project and its final cost, and recommended that the Board accept the project as complete. Motion was made by Roy, seconded by Thomas, to approve the Final Inspection Notice for the Rehabilitation of Los Gatos Road, Sunset Terrace and Morning Glory Circle.

The motion carried unanimously.

M. Establish Dates for Budget Workshops and Public Hearing

Assistant Secretary Gipson presented the proposed dates for the Budget workshops and for the Public Hearings.

Motion was made by Thomas, seconded by Roy, to adopt Resolution No. 02-03:

Setting a Hearing upon and Directing the Publication of a Notice of Hearing upon the Budget of the District for the Fiscal Year 2002-2003

The motion carried unanimously.

Motion was made by Thomas, seconded by Buescher, to adopt Resolution No. 02-04:

Setting a Hearing upon and Directing the Publication of a Notice of Hearing upon the Written Report of the Board of Directors Concerning Services to be Performed and the Passage of an Ordinance Prescribing Charges for these Services during the Fiscal Year 2002-2003

The motion carried unanimously.

N. Discussion of Proposition 218 Elections

General Manager Rogers reported that for both the Sheriff's contract and the District's benefit fees, our funding levels are adequate and it will be unnecessary to hold a Proposition 218 election until Fiscal Year 2003-2004 at the earliest.

O. Report of the Engineering Committee

None.

P. Executive Session

The Board met in closed session pursuant to California Government Code Section 54956.9(a) to discuss Riverside County Superior Court Case #TEC051398; Tech Logistics Corporation dba Systems Logistics v. Santa Rosa CSD.

Q. Executive Session

The Board met in closed session under the provisions of Government Code Section 54956.9(a) to discuss State of California, Fourth Appellate District, Division Two, appeal from the Superior Court of Riverside County, Consolidated Case Nos. 295002 and 296654; Cupertino Hernandez, et al., v. Santa Rosa CSD.

R. Executive Session

The Board met in closed session pursuant to the provisions of Government Code Section 54956.9(a) to discuss Superior Court of California, Small Claims Case #LES019264; Thomas Ficarotta v. Santa Rosa CSD.

The Board reconvened in open session.

Regarding Riverside County Superior Court Case #TEC051398; in closed session the Board directed General Counsel Scott and General Manager Rogers to take appropriate action concerning settlement of this matter.

Regarding State of California, Fourth Appellate District, Division Two, appeal from the Superior Court of Riverside County, Consolidated Case Nos. 295002 and 296654; Cupertino Hernandez, et al., v. Santa Rosa CSD; the Board unanimously adopted Resolution No. 02-05:

Providing Full Settlement Authority in Hernandez vs. Santa Rosa Community Services District, Fourth District Appellate Case No. E030614

Regarding Superior Court of California, Small Claims Case #LES019264; Thomas Ficarotta v. Santa Rosa CSD; the Board directed General Counsel Scott and General Manager Rogers to take appropriate action concerning defense of this matter.

S. Adjournment

There being no further business, President Demos adjourned the meeting at 10:00 p.m. to March 13, 2002 at 7:00 p.m. at the District Office.

___________________________________ John B. Rogers, P.E. Secretary, Board of Directors

ATTEST:

__________________________________ George Demos President, Board of Directors