M I N U T E S
REGULAR MEETING OF THE 
BOARD OF DIRECTORS
M arch 13, 2003 
6:00 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 6:00 p.m. on March 13, 2003.  Present at the meeting were the following Directors:              

Director Buescher

Director Demos

Director McBride

Director Roy

Director Thomas 

The following persons were also present: 

General Manager Rogers

Assistant Secretary Gipson

General Counsel Scott 

President Roy led the Pledge of Allegiance. 

B.     Sheriff 

Deputy Hamilton gave the Sheriff's Report for February 2003 and updated the Board on March activities. Copies of the monthly report is on file with the District Office. He also reported that Deputy Sanchez has resigned the Department to attend the FBI Academy, and a replacement will be appointed soon. 

C.     Public Expression 

Property Owners Fred Hayes, on behalf of Santa Margarita Ranchos POA, Dick Wiley, representing two associations and his grove management company, Al Rattan, and Harold Rouse, expressed support for renewing the contract of General Manager John Rogers. Property Owner Charlene LaClaire read a letter of support into the record, and it is on file at the District Office.

At this time, General Counsel Scott informed the Board that two urgency items needed to be added to the Agenda. Both items arose within 24 hours of the Board Meeting, and he asked that, pursuant to Government Code Section 54954.2(b)(2), the Board add consideration of the following: 

1) Approval of a purchase order for work on Via Barranca

2) Assignment of Refuse Franchise Agreement 

Motion was made by Buescher, seconded by Demos, to add the foregoing two items to the Agenda. 

The motion carried unanimously. 

D.     Information Only 

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

E.     Consent Calendar 

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

The motion carried unanimously. 

F.     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 the environmental work is being completed for the La Mancha and Calle Tuberia project, and plans will be brought to the Board in April for approval. He also stated that he will have a draft Emergency Plan for the Board within six months, and that he is arranging for new speed surveys to be done which he hopes will include Via Santa Rosa and Carancho Road. 

General Manager Rogers discussed the landslide area on Via Barranca, and explained that Cajer Equipment had submitted a proposal to do the work for $18,000, an amount that exceeds his approval limit. He asked that the Board approve the proposal. Discussion followed regarding the cost of the project and its scheduling in order to utilize free fill material currently available from the Via Vaquero Reservoir site. The General Manager was directed to seek additional proposals for the work, and to issue a purchase order, not to exceed $18,000 to accomplish the project.

Motion was made by McBride, seconded by Thomas, to approve a purchase order, not to exceed $18,000, to repair the Via Barranca landslide area. 

The motion carried unanimously. 

General Manager Rogers explained that International Rubbish Service, Inc.  has been sold to Waste Management, Inc. WMI proposes to immediately take over all District routes, with assurances that there will be no change in service. The District's current Franchise Agreement states that it is not to be assigned or subcontracted. 

Motion was made by Demos, seconded by Roy, to approve assignment of the District Franchise Agreement to Waste Management, Inc., and to direct General Counsel to prepare the appropriate assignment documents. 

The motion carried unanimously. 

G.     General Counsel 

None. 

H.     Agreement with Larry Munsey International 

General Manager Rogers explained that this item has been discussed in Engineering Committee, and they recommended that the agreement with Larry Munsey International for focused biological surveys be approved. Munsey presented the lower of two proposals received. 

Director Thomas stated that he believes the District is spending a lot of money on unnecessary environmental work. 

Motion was made by Buescher, seconded by Roy, to approve the February 12, 2003 proposal of Larry Munsey International for focused biological surveys. 

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

I.      Los Gatos Road/Avocado Mesa Annexation

General Manager Rogers explained that the Nature Conservancy has given verbal approval for the District to take over the right-of-way for the undedicated portions of Los Gatos and Avocado Mesa Roads which run through Parcel 1 of Parcel Map 19516. He stated that the process would include preparation of an easement grant deed, and submission of applications to LAFCO and the Board of Supervisors. He is hopeful that all, or a portion of the LAFCO and County fees may be waived. 

Motion was made by McBride, seconded by Roy, to approve notification to  LAFCO of the District's intent to annex the portion of Los Gatos and Avocado Mesa Roads defined by Mr. Rogers, and to request waiver of their fees. 

The motion carried unanimously. 

J.     2002 Los Gatos Road Rehabilitation Project Acceptance 

General Manager Rogers stated that the project was completed in accordance with the contract documents and District standards, and recommended that the Board accept the project as complete. 

Motion was made by Demos, seconded by Roy, to accept the 2002 Rehabilitation of Los Gatos Road project as complete. 

The motion carried unanimously. 

K.     2002 Sandia Creek Drive Phase I Rehabilitation Project Acceptance 

General Manager Rogers stated that the project was completed in accordance with the contract documents and District standards, and recommended that the Board accept the project as complete. 

Motion was made by McBride, seconded by Demos, to accept the 2002 Rehabilitation of Sandia Creek Drive Phase I project as complete. 

The motion carried unanimously. 

L.     Establish Finance Committee Meeting Schedule 

The Board set the fourth Thursday of the month following the quarter end at 7:45 a.m. at the District Office as the time and place for meetings of the Finance Committee. 

M.    Selection of Ad-Hoc Personnel Committee 

Directors Demos and Buescher, with Director McBride as an alternate, were appointed to the Ad-Hoc Personnel Committee for the purpose of negotiating the Fiscal Year 2003-2004 Employee Incentive Plan.

N.     Report of the Engineering Committee 

Chairman Roy reported that Property Owners Dick and Kathy Westrope have requested permission to pave Rancho Fallbrook Road from its intersection with Fuerte Road to their proposed driveway. The Committee recommended that the District perform soils tests, and that the Westropes bear the cost of the plans and the improvement of the section. Construction would be to District structural standards, although the road would only be 18' wide. 

O.    Report of the Walker Basin Committee 

None. 

P.     Executive Session 

The Board met in closed session under the provisions of Government Code Section 54957 to evaluate the General Manager's performance. 

The Board reconvened in open session. 

Q.    Renewal of the General Manager's Contract 

The Board discussed the renewal of the General Manager's contract, and it was the consensus of the Board that the District enter into a 2-year employment agreement with Mr. Rogers. The term of the agreement would be from September 16, 2002 through September 15, 2004 with the understanding that either party could terminate the agreement with or without cause. In the event the District terminates the agreement without cause, Mr. Rogers would be eligible to receive 90 days severance pay. Mr. Rogers will also receive a lump sum cost of living adjustment from September 16, 2002 and be eligible for an additional $2,000 in compensation upon satisfactory completion of performance objectives as determined by the Board. President Roy appointed himself and Director McBride to an ad-hoc Performance Objectives Committee, to set guidelines and monitor the preparation of a required report on this subject. In addition, the Board, at its discretion, may consider an increase in base salary after the annual review. Further, Mr. Roger's spouse will be eligible for a supplemental health benefit. Counsel was directed to prepare the appropriate employment agreement.  

R.     Adjournment 

There being no further business, President Roy adjourned the meeting at 10:00 p.m.