Loma Rica /

   Browns Valley

        Fire Department















Loma Rica / Browns Valley Community Services District

Regular Meeting:  March 19, 2007






Item 1)   Meeting Call To Order:


A) Roll Call:            Present – Cerf, Ford, Gardner, Poggi

B) Pledge of Allegiance


  Item 2) Public Communications:

Fifth District Supervisor Hal Stocker addressed the Board concerning Spring Valley proposed development and Yuba Highlands proposed development; he had nothing new to report on Spring Valley; Voiced opinion that approval of Yuba Highlands development was “leap frog development” and would ultimately adversely affect this District through increased traffic and service demands as well as added development pressure within the District itself.


Item 3) Special Presentation:


Former Board members Jane Garcia and Jean Pierson were presented with plaques commemorating their many years of District service.  The auxiliary presented them with dinner gift certificates.


Chairperson Cerf recessed the meeting at 7:42 p.m. to allow for serving of refreshments


Chairperson Cerf called the meeting back into session at 8:00 p.m.


Item 4) District Director Position:


A)    Discuss: Chairperson Cerf explained that in early March, she received a telephone call from the Yuba County Clerk’s Office informing her that the appointment of Loretta Sherburn to the Board of Directors did not meet the requirements of Government Code § 61040, i.e., Ms. Sherburn was not a registered voter at the time of her appointment.  Director Gardner inquired as to the  effective date of the law and was told January 2006.


B)    Review and Execute Legal Advice:  Chairperson Cerf distributed copies of the legal opinion submitted by the District’s attorney, Brant Bordsen, outlining the law in question as well as his advice on how to proceed with this matter; Mr. Bordsen recommended that Ms. Sherburn tender a written letter of resignation and that the Board then re-post the position as vacant and request applicants.


C)    Authorize Posting of Position:


Motion to Request Resignation: Poggi      Second: Gardner      Approved: Unanimous Voice Vote


Motion to Authorize Positing of Position: Poggi        Second: Gardner         

Approved:  Unanimous Voice Vote



Item 5) Approve Minutes:


A) Minutes For Regular Meeting of February 19, 2007


Motion To Approve: Gardner             Second: Ford              Vote: Unanimous Voice Vote



Item 6) Financials:


A) Warrants:      Warrant Detail Sheet provided by Treasurer Gardner via e-mail; No further discussion required at this time; copy of warrants attached to minutes


B) Accounts:       CPA Brooks was unable to attend meeting.  No financial statements were received.  Ms. Brooks notified Chairperson Cerf by telephone that she had received no updated accounting from Yuba County Auditor’s Office.


C) Update Audit for 2005 / 2006:  Treasurer Gardner reported that he received an e-mail from the auditor explaining that because of illness and heavy work load due to tax season, the District audit would be delayed.



Item 7) Chief’s Report:


Chief Kavanagh reported:


A) Operations:  Two volunteers have successfully completed Driver Operator 1A and are continuing on to Driver Operator 1B; Painting and repairs to Station 62 have been completed.  Next project for Station 62 is installation of a standby generator; Captain Wendye Stuller has been assigned to replace retired Captain McCarty; New Battalion Chief will be assigned on June 1st, 30 days prior to the retirement of Chief Kavanagh; structural engineering inspection of Oregon Peak tower found reinforcement of existing footings would be required.


B) Update Purchase of New Engine #63:  Engine has been delivered and is currently at the Loma Rica fire station.  Purchase and installation of equipment is proceeding.


C) Update High Speed Internet Connection:  DSL from phone company should be installed soon.



Item 8) Disposition of Outdated Radios:



A)    Discuss: Chief Kavanagh explained that the District had 6 or 8 outmoded wideband radios.  New emergency dispatch requirements mandate narrow band radios.


B)    Determine Disposition: Chief Kavanagh stated that either Yuba College Fire Academy or California State Firefighters’ Association (CSFA) would accept donation of the radios.  The college would use them for training purposes while CSFA has a program to assist fire departments in Mexico.


Motion to Offer Yuba College First Right of Refusal and if Refused, Offer to CSFA: Gardner

Second: Poggi          Approved: Unanimous Voice Vote


  Item 9)  Five Year Plan:


A)    Discuss: Director Poggi explained deletions and proposed additions.


B)    Amend as Needed: In order to allow sufficient time for members to review suggested revisions, the Board decided to continue this item to the April meeting


C)  Adopt Updated Plan:  No action at this time.



Item 10)  Station 63 (Future Construction):



A)    Review Real Estate Agent Submissions:  Chairperson Cerf distributed copies of letters received from local real estate agents and discussed telephone conversations with the same agents.  Board reviewed the letters.


B)    Select Real Estate Agent to Represent District:


Motion to Select Deborah Hoxworth of McLeod Foothill Realty:  Gardner

Second:            Ford                            Approved:            Unanimous Voice Vote



Item 11) Volunteer Firefighters’ Length of Service Award System:



A)    Discuss: Director Poggi explained the steps required to complete the process for application as listed in Agenda item 11B (1 through 4).  Poggi also informed the Board of Senate Bill 581 which seeks to transfer the Award System from CalPers to the California State Fire Employees Welfare Benefit Corporation.



B)    Complete Final Contract Phase



1)    Make Public Projected Cost and Method of Financing: Current Annual Cost of $340 Per Volunteer Firefighter to be Financed With General Fund Revenues; Total Initial Startup Cost of $2,957 Financed With General Fund Revenues:  Director Poggi briefly discussed the figures as outlined at the February meeting.



2)    Certification of Compliance With Government Code Section 50973 (Informing public of plan adoption, cost, and funding mechanism): Director Poggi outlined posting of notices.


Motion to Certify Compliance: Gardner                        Second: Ford                                   

Approved: Unanimous Voice Vote




3)    Resolution # 2007-1 To Authorize Contracting for Participation in the CalPERS Volunteer Firefighter’s Length of Service Award System:  Director Gardner noted that Official Resolution was identified as Resolution 07-01.  Change was noted – Official Resolution shall be identified as Resolution 07-01.


Motion to Approve with Resolution Amended to Read 07-01:            Gardner

Second: Ford                                    Approved: Unanimous Voice Vote



4)    Authorize Chairperson to Execute Contract:


Motion to Authorize:            Ford                        Second: Gardner        Approved: Unanimous Voice Vote





Item 12) Correspondence:


      Letter from FDAC-FASIS regarding governing board elections




Item 13) Board and Staff Member’s Report:


A)    Director Gardner: Reported that he has been actively reviewing BVID agendas but to date had not seen items impacting District; He and Director Ford will be attending the next JPA meeting on March 28, 2007 and will report proceedings at the April meeting.


B)    Director Ford: Requested an April agenda item to begin research and discussion on attracting, retaining, and compensating volunteer firefighters.


C)    Chairperson Cerf: Reminded Board of deadline for Conflict of Interest Form filing (April); Asked for volunteers to take over various District projects.  Director Gardner indicated he would be willing to assume the duties of dealing with the real estate agent – due to previous Board action, this will need to be agendized for April.  Director Ford volunteered to begin work on the next newsletter.





Adjourned 9:30 p.m.



Respectfully Submitted:


Silvio Poggi – Vice Chairman