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 September 16, 2004.  Present at the meeting were the following Directors:        

 Director Buescher
                    Director Demos
                    Director Roy
                    Director Rubin 

Director Kelly was absent. 

General Manager Rogers and General Counsel Scott were also present. 

President Roy led the flag salute. 

B.      Commendation 

Deferred until the October 2004 meeting. 

C.      Sheriff 

Deputy Lopez gave the Sheriff's Report for August 2004 and updated the Board on September activities. A copy of the written report is on file with the District Office. He introduced the District’s new deputy, John Folia. Both deputies recently completed radar school and have begun using the new radar gun. 

D.      Public Expression 

None.

E.      Information Only 

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

F.      Consent Calendar 

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

The motion carried unanimously. 

G.      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 reported that CSDA will hold an election for a new director at their next meeting. He requested that the Board authorize him to vote on behalf of the District, and it was the consensus of the Directors that he do so. General Manager Rogers also reported that the Carancho Road project plans are nearly completed, and the project should be put out to bid by November. 

 H.     General Counsel 

None. 

I.      Conflict of Interest Code 

General Counsel Scott reported that the District is required to review and update their Conflict of Interest Code on a biennial basis. There have been changes to the designated categories, as well as some of the financial thresholds. The Code has been updated and General Counsel Scott asked that the Board approve the changes and direct Staff to transmit the amended Code to the County Clerk for filing. 

Motion was made by Roy, seconded by Rubin, to approve the updated Conflict of Interest Code. 

The motion carried unanimously. 

J.       Speed Limits

General Manager Rogers explained that the proposed Ordinance  reestablishes the 45 mph speed limit on Sandia Creek Drive, and sets new limits on four other sections. He reported that any fines collected will go to the courts, not to the District. He also stated that he will be informing the public of the newly established speed limits via a newsletter, bulletin boards, and the website. 

Motion was made by Buescher, seconded by Demos, to adopt Ordinance No. 04-02: 

Amending Article 3 of the Ordinance Code 

The motion carried unanimously. 

K.      Bonding Requirements for Tract and Parcel Maps 

President Roy stated that Art Nelson has requested that the Board waive the current requirement to post a bond in favor of the District for street improvements on his tract maps. The Engineering Committee has discussed this issue at length, and the Committee agreed with Counsel that the current requirements be maintained. As the Committee and General Manager Rogers have differing opinions regarding the bonding requirements, the issue is being brought to the full Board for a decision. General Manager Rogers asked that the text of our Development Agreement be changed to allow developers to post their bond with the County only, on projects where plans are to be approved by both agencies. 

Steve Brown, on behalf of Art Nelson, addressed the Board for relief from the current requirement. He stated that it is his opinion, as well as Mr. Nelson’s, that they are paying double fees by having to post bonds with both agencies. 

Lonnie Smith also addressed the Board regarding the double bonding on his project. 

General Counsel Scott explained the legal reasons for requiring the bonds and discussion followed by the Directors. It was the consensus of the Board to maintain the District’s bonding requirements. 

General Counsel Scott was directed to contact County Counsel regarding an agreement similar to that used by San Diego County, which insures that the bonds issued to the County will also benefit the special district. 

Motion was made by Roy, seconded by Buescher, to deny a waiver of the bonding requirements on TM 24831.

The motion carried unanimously. 

L.      Relocation of District Yard and Office 

General Manager Rogers reported on a property that he and Director Kelly had researched as a possible relocation choice for the District yard and office, and presented some of the requirements involved with building an office.  

Director Demos discussed the challenges involved with putting a commercial office in the District, and particularly in an association area. He suggested an option might be to buy a commercial building in Temecula. Director Buescher agreed that it would be prudent to look at purchasing property in some form. Director Rubin inquired where the funds would come from. General Manager Rogers suggested that it could be funded by Certificates of Participation (secured by the revenues of the District), private financing, borrowing from the general revenue of the District, etc. General Counsel Scott reminded the Board that there would need to be an election if a raise in funding is required to support a mortgage payment. Discussion followed regarding the ability to purchase property, the financing options, and possible locations. It was the consensus of the Board that the Finance Committee be charged with researching various financing options. Director Demos will contact CSDA prior to the next Finance Committee meeting, and will report the findings to the Board at the October Board meeting.  

M.     Review of Five Year Plan 

General Manager Rogers was asked to update the Board on where the District stands with regard to the projections and objectives outlined in the 2001 Five Year Financial Plan. The Board discussed individual projects that were included in the Financial Plan, and the updating of the Pavement Management System as well as the Financial Plan. In order to keep the system as current as possible, General Manager Rogers was directed to make updating the PMS a part of closing out each new project. 

N.      Report of the Engineering Committee 

Director Roy reported that at their recent meeting, the Engineering Committee discussed the District yard, bonding, and right-of-way issues. 

O.      Executive Session 

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