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 7:00 p.m. on June 12, 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
                    Assistant General Counsel Jackson 

President Demos led the Pledge of Allegiance. 

B.       Sheriff 

Deputy Hamilton gave the Sheriff's Report for May 2002 and updated the Board on June activities. A copy of the monthly report will be filed with the District Office.  

C.       Discussion of Refuse Franchise 

General Manager Rogers explained that all residents of the District had been notified that this item would be discussed at this meeting, and reviewed the written responses received.

Property Owner Kerry Mayer spoke in favor of the mandatory recycling option, and Property Owners Roy Keenan and Bob Hicks spoke against the mandatory aspect of the program.

Discussion followed by the Board.    

D.       Approval of Refuse Franchise Agreement 

Motion was made by Roy, seconded by Demos, to award a 5-1/2 year franchise agreement, including mandatory service for all residents along with optional recycling, to International Rubbish Service". 

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

An ordinance amending Article 9 of the District Ordinance Code will be presented at the July Board Meeting for adoption. 

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

Q.       Zone I Special Paving Completion Schedule 

General Manager Rogers reviewed the funds needed to complete the Zone I Special Paving program. He stated that funds sufficient to finish the projects would be collected through a partial assessment next year, and suggested that all assessments be reduced by 60% for Fiscal Year 2002-2003. 

Motion was made by Buescher, seconded by Demos, to reduce the Zone I Special Paving assessments by 60% for Fiscal Year 2002-2003. 

The motion carried unanimously. 

The Engineering Committee will review the Special Paving program and prioritize the projects at their next meeting. 

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

E.        Public Hearing on Written Report of the Directors 

President Demos opened the Public Hearing on the Written Report of the Directors for Fiscal Year 2002-2003.

General Manager Rogers explained that the Written Report contains the scope of work to be done, the zones benefitted by the work, and the charges to each zone.

The Written Report and the Affidavit of the Notice of Publication of the Hearing on the Written Report were received into evidence and made a part of the hearing. 

There being no public comment, the hearing was closed by President Demos. 

F.        Ordinance Adopting the Written Report of the Directors  

Motion was made by Buescher, seconded by Roy, to adopt Ordinance No. 02‑01: 

Adopting the Written Report of the Directors, Establishing the Zones of Benefit for Services Provided, the Scope of Services to be Performed, and the Charges to be Rendered for Road Maintenance and Police Services Provided to Property Owners in the District during the Fiscal Year 2002-2003 

The motion carried unanimously. 

G.       Public Hearing on the Budget  

President Demos opened the Public Hearing to consider the adoption of the District Budget for Fiscal Year 2002-2003. 

General Manager Rogers explained the method of calculating the budget and the zone benefit fees. 

The Budget and Affidavit of the Notice of Publication of the Hearing on the Budget were received into evidence and made a part of the hearing. 

There being no public comment, the hearing was closed by President Demos. 

H.       Resolution Adopting the Budget  

Motion was made by Roy , seconded by Demos, to adopt Resolution No. 02-09: 

Determining and Adopting the District Budget for Fiscal Year 2002-2003

The motion carried unanimously.

I.         Consideration of Notice of Exemption  

Assistant General Counsel Jackson explained that the Notice of Exemption, which is filed with the Riverside County Clerk, states that the Budget is an exempt act under CEQA.  It is not a project under the Public Resources Code of the State and is categorically exempt under that Code.  He asked that the Board make the finding of “no project” and approve the Notice of Exemption. 

Motion was made by Buescher, seconded by Roy, to approve the Notice of Exemption for Establishment of Rates and Charges for Services Performed in Fiscal Year 2002-2003. 

The motion carried unanimously. 

J.        Resolution Electing to Have All Charges Collected on the Tax Roll  

Motion was made by Buescher, seconded by Roy, to adopt Resolution No. 02‑10: 

Electing to Have All Charges for Services Provided in the District during Fiscal Year 2002-2003 Collected on the Tax Roll of the County of Riverside 

The motion carried unanimously. 

K.       Public Expression 

None. 

L.        Information Only 

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

M.       Consent Calendar 

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

The motion carried unanimously.

N.       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 asked for input for the date of the next District Forum, and it was the consensus of the Board to schedule the Forum sometime next Spring. 

General Manager Rogers reported that a District wide slurry seal project will be presented for approval later in the meeting, a roadway rehabilitation project on Sandia Creek will be prepared to utilize the first portion of the new budget funds, and he has enlisted an outside engineer to assist in preparation of additional projects beginning in July. Calle Tuberia, La Mancha, Los Casitas and Terreno Drive are still in process. 

O.       General Counsel 

None. 

P.        Donation to Save Southwest Riverside County 

Assistant General Counsel Jackson gave his opinion regarding a gift of public funds and explained that the public purpose of the organization receiving the gift must benefit the public purposes of the agency making the gift. He reminded the Board that the purposes of the District are simply roads, refuse, and supplemental police protection. Because the District does not have land use or zoning powers, he finds no nexus between the expenditure of the public funds and the very clear public purposes of this District. 

Property Owners Barbara Wilder and Harold Rouse discussed the background and objectives of Save Southwest Riverside County and appealed to the Board for a donation from the District.  

Discussion followed by the Directors, and it was the consensus of the Board to place approval of a study of the impact of the powerlines on District roads on the July Board Meeting agenda. 

R.       Development Impact Mitigation Fee Amendment

General Manager Rogers presented a proposal from Chuck Crandall of Berryman & Henigar for a study of the cost and services to be provided to four District parcels that are zoned for commercial use. Mr. Crandall will present his findings at the July Board Meeting.

S.        Report of the Engineering Committee 

None. 

T.        Report of the Ad-Hoc Personnel Committee 

Director Demos reported on the negotiation meeting held on June 12th. The Personnel Committee of the Board proposed that trimester reports by the employees of their performance, and trimester reports by the General Manager of his projects be submitted as a part of the Incentive Pay Plan. The Employee Association will  consider these changes and will schedule a second negotiation meeting in the near future. 

U.       Approval of 2002 Slurry Seal Scope of Work and Authorization to Solicit Bids 

General Manager Rogers presented the scope of work for the proposed District- wide Class II sealcoat project, and asked that the Board approve the scope and authorize Staff to solicit bids to be received July 9, 2002. 

Motion was made by Thomas, seconded by Roy, to adopt Resolution No. 02‑11: 

Approving the Plans and Specifications for 2002 Slurry Seal Project 

The motion carried unanimously. 

V.        Executive Session 

The Board met in closed session pursuant to the provisions of Government Code §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. 

W.      Executive Session 

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

X.        Executive Session 

The Board met in closed session pursuant to the provisions of Government Code §54956.9(b): Claim of Gary Dixon against Santa Rosa CSD.