M I N U T E S
REGULAR MEETING
OF THE BOARD OF DIRECTORS
MARCH 17, 2005
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 17, 2005.  Present at the meeting were the following Directors:            

Director Kelly

Director Roy

Director Rubin 

Directors Buescher and Demos were absent. 

General Manager Rogers and General Counsel Scott were also present. 

President Roy led the flag salute. 

B.        Sheriff 

Deputy Lopez gave the Sheriff’s Report for January and February 2004 and updated the Board on March activities. A copy of the written report is on file with the District Office. He discussed efforts to meet grove foremen, and also reported on recent container thefts and burglary. 

At this time, President Roy read the following statement into the record: 

     "Last month, we had to cancel our meeting due to a lack of a quorum. Two of our Directors were unavailable and I had a last minute family medical emergency to attend to leaving us with only two Directors present. Unfortunately, our counsel was unaware of this until after he made his 50 mile commute to our offices and then had to turn around and drive home. I would like to apologize to counsel for this. It should never have happened.

     Part of the theory behind us having five Directors is to prevent this type of situation from occurring. Granted, during our terms as Directors there will inevitably be a matter arising that causes us to miss a meeting or two. However, with five Board members, lack of a quorum should never be an issue.

      It is hard to have meaningful and complete discussion and debate on the issues when two fifths of our Board members are not present. As publicly elected officials, we are given a trust to be here to do the people's business. We all took on this responsibility knowing full well what the time commitments were.  

      Going forward, as a courtesy to Counsel, staff and the general public, I ask that each Director contact the General Manager at least 24 hours in advance of our meetings to confirm their attendance." 

C.        Public Expression 

Property Owner George Wilkinson discussed flat tires he has experienced at the Arizona crossing on Carancho Road near Sandia Creek due to debris in the crossing. He requested warning signs be placed in advance of the dip. He also requested that the Board contact the County regarding the condition of Rancho California Road. 

Property Owner John Thomas expressed concern about Carancho Road and the condition of the other roads in the District, the schedule of projects, and personnel issues. 

Property Owner Bob Hicks asked about the schedule for reconstruction of Sandia Creek Drive. 

D.        Information Only 

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

E.        Consent Calendar 

Motion was made by Kelly, seconded by Roy, to approve the Consent Calendar. 

The motion carried unanimously.

F.         General District Update 

General Manager Rogers updated the Board on activities since the last Board Meeting and presented his written report which is on file with the District. He discussed upcoming flood related projects and the collection of fees for scout truck service by Waste Management. 

G.        General Counsel 

None. 

H.        Emergency Purchase Orders 

General Manager Rogers explained that his purchase order authority is $10,000, and the Board has authority to $15,000.  During the recent storms, emergency work was necessary that exceeded those authorities. General Manager Rogers was seeking approval of Staff's action to date, however, this  requires a four-fifths vote of the Board, so will need to be deferred to a Special Board Meeting.  

General Manager Rogers will schedule a Special Board Meeting at the first opportunity. 

I.          CEQA Notice of Exemption 

General Counsel Scott asked the Board adopt the Notice of Exemption for Road Repair and Maintenance and make the following findings: 

1.         Repair and maintenance is not a "project" under CEQA guidelines

2.         The project is exempt under CEQA guidelines

3.         The activity will not have a significant effect on the environment 

Motion was made by Kelly, seconded by Roy to adopt the Notice of Exemption that will accompany the eleven applications being submitted to California Department of Fish and Game in conjunction with FEMA repairs. 

The motion carried unanimously. 

J.         Conditions of Approval for Tract 32719: Rock Mountain Road

General Rogers explained that this project is located in Zone VI and although this project may be withdrawn, the Board is being asked if the District would consider being the lead agency to take on the maintenance of that portion of Sandia Creek Drive that runs through San Diego County and is currently privately maintained. 

Discussion followed and Director Roy explained what had been discussed with the developer at the Engineering Committee meeting. It was the consensus of the Board that annexation would have to be accomplished prior to the District getting involved, and the District would consider maintenance at that time. 

K.        Ratification of Design Contract 

General Manager Rogers presented an engineering and surveying  contract that he executed with CLE Engineering for the replacement bridge and retaining wall on El Prado Road and Sandia Creek Drive. He explained that the contract will be amended to include a hydraulic analysis of the stream, and asked that the Board ratify his action. 

Motion was made by Kelly, seconded by Roy to ratify the January 24, 2005 Surveying and Engineering Contract with CLE Engineering. 

The motion carried unanimously. 

L.         Discussion of Dates for Budget Workshops 

The Board discussed proposed dates for the Budget workshops and hearing, and approved the following dates: 

May 4, 2005:             Workshop

May 19, 2005:           Review

June 16, 2005:          Adoption of Budget and Written Report 

M.        Resolution Setting Hearing on 2005-2006 Budget 

The Board was presented with a resolution setting the hearing on the 2005-2006 Budget for June 16, 2005 at 6:00 p.m. at the District Office. 

Motion was made by Roy, seconded by Rubin to adopt Resolution No. 05‑03:

Setting a Hearing upon and Directing the Publication of a Notice of Hearing upon the Budget of the District for the Fiscal Year 2005-2006

The motion carried unanimously. 

N.        Resolution Setting Hearing on 2005-2006 Written Report 

The Board was presented with a resolution setting the hearing on the 2005-2006 Written Report for June 16, 2005 at 6:00 p.m. at the District Office. 

Motion was made by Roy, seconded by Rubin to adopt Resolution No. 05‑04: 

Setting a Hearing 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 2005-2006 

The motion carried unanimously. 

O.        Report of the Engineering Committee 

Director Roy reported that at their recent meeting, the Engineering Committee discussed FEMA, disaster recovery, and the application processes. 

P.        Executive Session 

The Board met in closed session under the provisions of Government Code Section 94956.9(c) to discuss potential litigation (1 case). 

The Board reconvened in open session. 

The General Manager reported that in closed session Staff was directed to take appropriate action regarding the potential litigation. 

Q.        Adjournment 

There being no further business, President Roy adjourned the meeting at 8:16 p.m.