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AMENDED AGENDA

Los Osos Community Services District
Regular Meeting of the Board of Directors
Thursday, October 2, 2008
Closed Session Begins at 5:00 p.m.
Open Session Begins at 7:00 p.m.
South Bay Community Center
2180 Palisades Avenue, Los Osos



• All items listed on the agenda may be acted upon by the Board

• Public comments shall be directed to the President – the President may or may not ask staff to respond to questions depending on constraints the President may decide are relevant

• Each person addressing the Board shall do so in an orderly manner and shall not disrupt the orderly conduct of the meeting. Should disruptive behavior occur, the following steps will be taken to address it:

(a) The presiding officer shall warn the person who is violating the rules of decorum.

(b) If after receiving a warning from the presiding officer, the person persists in disruptive behavior the presiding officer shall order the person to leave the Board meeting room for the remainder of the meeting.

(c) If such person does not voluntarily remove himself/herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove the person from the Board room.

(d) If order cannot be restored by the removal of individuals who are disrupting the meeting, the Board meeting will be continued under the provisions of Government Code §54957.9

• Agenda packets are available to the Public at the District Office, South Bay Library, and the Los Osos/Baywood Park Chamber of Commerce. Please contact LOCSD at 528-9370 for information.



CALL TO ORDER, FLAG SALUTE AND ROLL CALL @ 5:00 P.M.

ANNOUNCEMENT OF CLOSED SESSION ITEMS, PUBLIC COMMENTS ON CLOSED SESSION ITEMS, AND CONVENING OF CLOSED SESSION

EACH SPEAKER IS LIMITED TO A THREE MINUTE PRESENTATION ON THE CLOSED SESSION AGENDA. PLEASE SPEAK AT THE PODIUM, ADDRESS THE PRESIDENT, AND BEGIN BY STATING YOUR NAME AND COMMUNITY OF RESIDENCE.

A. ANTICIPATED LITIGATION (Government Code §54956.9(b).)
Significant exposure to litigation: (two potential cases)

B. PENDING LITIGATION (Government Code, §54956.9(b).)
Conference with Counsel for Existing Litigation (Formally initiated):

In re Los Osos Community Services District (ND-06-10548) United States Bankruptcy Court, Central District of California, Northern Division

LOCSD et al. v. American Alternative Insurance Corporation, Case No. CV 08-01279 (Federal Court)

RWQCB v. LOCSD - ACL/TSO appeals to SWRCB

C. PERSONNEL
The Board will meet in closed session under the provisions of Government Code Section 54957 with regard to matters of public employment:

General Manager Performance Review Pursuant to Employment Contract
Appointment of District Legal Counsel


CONVENE TO CLOSED SESSION MEETING

ADJOURN CLOSED SESSION MEETING and RECONVENE TO OPEN SESSION MEETING @ 7:00 P.M.

CALL TO ORDER, FLAG SALUTE AND ROLL CALL

RECEIVE REPORT OUT OF CLOSED SESSIONS ON SEPTEMBER 24, 2008 AND OCTOBER 2, 2008

GENERAL PUBLIC COMMENT
EACH SPEAKER IS LIMITED TO A THREE MINUTE PRESENTATION ON ITEMS NOT LISTED ON THE AGENDA. PLEASE SPEAK AT THE PODIUM, ADDRESS THE PRESIDENT, AND BEGIN BY STATING YOUR NAME AND COMMUNITY OF RESIDENCE. PUBLIC COMMENT IS ENCOURAGED TO ASSIST THE LOCSD BOARD IN THEIR DELIBERATIONS.

ADMINISTRATIVE AND COMMITTEE REPORTS
These Reports are non-action items. Staff and/or Committee Members will be available to respond to Board questions at the meeting.

1. Administrative Reports
A. District/CAL-FIRE Manager Report
B. District Utilities Manager Report
C. District General Manager Report
2. Committee Reports
A. LOCSD Standing Advisory Committee Reports
B. Director Reports on Attendance at Other Agency Committee Meetings


CONSENT CALENDAR
A member of the public may comment on any Administrative Report, Committee Report or Consent Calendar Item at this time. EACH SPEAKER WILL BE LIMITED TO A THREE MINUTE PRESENTATION. PLEASE SPEAK AT THE PODIUM, ADDRESS THE PRESIDENT, AND BEGIN BY STATING YOUR NAME AND COMMUNITY OF RESIDENCE. Consent Calendar Items are considered routine and therefore do not require separate discussion, however, any item may be removed from the Consent Calendar by a member of the Board of Directors for separate consideration. Individual items on the Consent Calendar are approved by the same vote that approves the Consent Calendar, unless an item is pulled for separate consideration.

3. Receive Administrative and Committee Reports

ACTION REQUESTED: File the Reports Presented Above

4. Approve Prior Meeting Minutes

ACTION REQUESTED: Approve Minutes

5. Receive Financial Statements for Periods Ending July 31, 2008 and August 31, 2008 and Cash Flow Projections for the Six-Month Period Ending December 31, 2008

ACTION REQUESTED: Receive and File

6. Receive Warrant Register for Month of September 2008

ACTION REQUESTED: Receive and File

7. Approve Transfer of $25,000 from Reserves for Purchase of Portable Trailer Mounted Drainage Pump

ACTION REQUESTED: Approve Transfer from Drainage Capital Outlay Reserves

8. Adopt Proclamation Recognizing South Bay Fire Department and CAL FIRE/San Luis Obispo County Fire Department Station 15 Fire Captain-Paramedic William Kershner upon His Retirement

ACTION REQUESTED: Adopt Proclamation and Direct Staff to Schedule Presentation

9. Adopt Resolution Amending District Personnel Policy to Establish the Position of District Accountant with Job Description and Salary Range

ACTION REQUESTED: Adopt Resolution


GENERAL ACTION ITEMS
EACH SPEAKER IS LIMITED TO A THREE MINUTE PRESENTATION ON GENERAL ACTION ITEMS. PLEASE SPEAK AT THE PODIUM, ADDRESS THE PRESIDENT, AND BEGIN BY STATING YOUR NAME AND COMMUNITY OF RESIDENCE. PUBLIC COMMENT IS ENCOURAGED TO ASSIST THE LOCSD BOARD IN THEIR DELIBERATIONS.

A. Review Existing District Expenditure Control Guidelines (Warrants Approval Policy)

ACTION REQUESTED: Provide Direction to Staff Regarding Amendments to Expenditure Control Guidelines for Board Approval at Future Meeting


B. Authorize Fund Transfers and Payment of Unbudgeted Legal Fees for July and August 2008

ACTION REQUESTED: Authorize Staff to Transfer Funds and Pay Bills


CLOSING BOARD COMMENTS


AGENDA AND SCHEDULING

Future Agenda Item Description Date Time Location


Special Closed Session Meeting 10/16/2008 5:00 p.m. South Bay
Community Center

Special Meeting 10/16/2008 7:00 p.m. South Bay
Community Center

Adjourned Joint LOCSD/LOCAC Meeting 10/30/08 7:00 p.m. South Bay
Community Center

Regular Closed Session Meeting 11/6/08 5:00 p.m. South Bay
Community Center

Regular Meeting 11/6/08 7:00 p.m. South Bay
Community Center



ADJOURNMENT

ANY WRITING OR DOCUMENT PERTIANING TO AN OPEN SESSION ITEM ON THIS AGENDA WHICH IS DISTRIBUTED TO A MAJORITY OF THE BOARD OF DIRECTORS AFTER THE POSTING OF THIS AGENDA WILL BE AVAILABLE FOR PUBLIC INSPECTION AT THE TIME THE SUBJECT WRITING OR DOCUMENT IS DISTRIBUTED. THE WRITING OR DOCUMENT WILL BE AVAILABLE AT THE DISTRICT OFFICE, 2122 9TH STREET, LOS OSOS DURING NORMAL BUSINESS HOURS.


COURT CHALLENGES TO BOARD ACTIONS MAY BE LIMITED TO ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE OR IN WRITTEN CORRESPONDENCE DELIVERED TO LOCSD AT, OR PRIOR TO THE PUBLIC HEARING. CONSISTENT WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA GOVERNMENT CODE SECTION 54954.2, REQUESTS FOR DISABILITY RELATED ACCOMMODATION, INCLUDING AUXILIARY AIDS OR SERVICES, MAY BE MADE BY A PERSON WITH A DISABILITY WHO REQUIRES THE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING BY CONTACTING THE GENERAL MANAGER AT 805-528-9370 OR AT THE DISTRICT OFFICE, 2122 9th STREET, LOS OSOS

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