At this time, General Manager Rogers asked that an urgency item be added to the agenda, under the provisions of Government Code §54954.2(b)(2) to discuss overhead powerline construction on Rancho California Road. 

Motion was made by Roy, seconded by Rubin, to add the consideration of overhead powerline construction on Rancho California Road to the agenda. 

The motion carried unanimously. 

B.    Sheriff 

Deputy Lopez gave the Sheriff's Report for January 2004 and updated the Board on February activities. A copy of the written report is on file with the District Office.

C.    Commendations 

President Roy presented a commendation resolution from the Board to former Board Member Kenneth S. McBride.  

Former Board Member Fred Hayes was not present, therefore, General Manager Rogers stated that he would deliver the commendation. 

Director Demos entered the meeting at 6:18 p.m. 

D.   Tortuga Road:  

Property Owner Charles Milosevich explained the reasons he had approached General Manager Rogers to erect the fence in the right-of-way on Tortuga Road. His concerns included the trash that was being dumped in his area and illegal camps. He explained that General Manager Rogers had required him to obtain a permit for placement of the fence. 

Mr. Milosevich's partner, Al Mayfield, stated that the fence has resolved the trash problem, and is only temporary until their project is underway. 

Property Owner John Thomas questioned the placement of a fence in the right-of-way at the request of a developer, and discussed his reasons for wanting the fence removed, including public safety since the fence eliminated a turn-around for the fire department. He asserted that trash is a problem District-wide, not just on Mr. Milosevich's property. He stated that, in his opinion, a public hearing should have been held in order to close a public road, and he appealed to the Board for removal of the fence and the reopening of Tortuga Road. 

Additional testimony in opposition to the fence was heard from Property Owners Rosemary Smith, Erick Baer and Mike Thorn. 

Discussion followed by the Board, and motion was made by Roy, seconded by Kelly, to require Charles Milosevich to immediately remove the fence.

The motion carried unanimously. 

General Manager Rogers was directed by the Board to poll all property owners involved, prior to taking action, if there are any requests of this kind  in the future.

E.    Public Expression 

Property Owner John Thomas voiced concern about the opening of Vista Del Mar to De Luz Road. He stated increased traffic flow as his objection, and asked that the Board not consider approval when it is put before them. He distributed CD's prepared by Michael McGinnis showing problems which resulted after Carancho Road was opened, and asked that the Directors take the CDs home for viewing.  

F.    Information Only 

The Financial Statements and the Statements of Reimbursement and Investment Policy were received by the Board. 

G.   Consent Calendar 

Motion was made by Roy, seconded by Kelly, 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. He reported that there have been many complaints from residents about road damage on Via Barranca, Via Vaquero and Calle Escadera due to the construction traffic for the RCWD tank site. 

General Manager Rogers discussed the request of a developer to install power on overhead poles on Rancho California Road. He presented a slide show depicting conditions along the road. The County has asked for the District's input regarding this project, and Mr. Rogers presented a draft letter that he proposed be forwarded to Juan Perez, Deputy County Engineer, asking that they uphold the District's underground ordinance.  

Motion was made by Roy, seconded by Kelly, to approve the draft letter to be sent to the County. 

The motion carried unanimously. 

I.    General Counsel 

None. 

J.    Budget Workshops 

Assistant Secretary Gipson proposed that the budget workshop be held on Wednesday, May 5, 2004 at 6:00 p.m. at the District Office. A review of the budget will be held at the May 26, 2004 Board Meeting, with adoption set for June 23, 2004 at 6:00 p.m. It was the consensus of the Board to adopt this schedule. 

K.    Setting Hearing on Budget 

Motion was made by Demos, seconded by Roy, to adopt Resolution No. 04‑02: 

Setting a Hearing upon and Directing the Publication of a Notice of Hearing upon the Budget of the District for the Fiscal Year 2004-2005 

The motion carried unanimously. 

L.    Setting Hearing on Written Report 

Motion was made by Demos, seconded by Roy, to adopt Resolution No. 04‑03: 

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 2004-2005 

The motion carried unanimously. 

M.   Report of the Engineering Committee 

Director Roy reported that the Engineering Committee took a tour of various District roads, and discussed current projects.