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01-04-07 '-' SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbri~, General Manager Paul Sciuto, Assistant Manager Eric W. Schafer, President BOARD MEMBERS James R. Jones, Vice President Duane Wallace, Director Mary Lou Mosbacher, Director Kathleen Farrell, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JANUARY 4, 2007 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, January 4, 2007, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA \r BOARD OF DIRECTORS: President Schafer, Directors Jones, Wallace. Director Farrell arrived at 2:10 p.m. Director Mosbacher was absent. ROLL CALL STAFF: Solbrig, Sciuto, Sharp, McFarlane, Hoggatt, Cocking, R. Johnson, Sherman, Bird, Donovan, Henderson, Attorney Kvistad. Moved Jones I Second Wallace I Farrell and Mosbacher Absent I Passed to approve the Consent Calendar as submitted: CONSENT CALENDAR a. State of California Purchase Card Program (CAL-Card) - (1) Authorized extension of agreement with U.S. Bank as part of the CAL-Card Program for the period December 22, 2006, through December 21,2011; and (2) Appointed Debbie Henderson and Rhonda McFarlane as authorized signers of the Addendum to the State of California L Purchase Card Program Master Services Agreement; REGULAR BOARD MEETING MINUTES - JANUARY 4, 2007 PAGE - 2 \., b. Annual Adoption of Statement of Investment Policy - Adopted Resolution No. 2824-07, superseding Resolution No. 2805-05; c. Diamond Valley Ranch Contaminated Soil Removal - (1) Approved the project Closeout Agreement and Release of Claims for Pacific States Environmental Contractors, Inc., and (2) Authorized staff to file a Notice of Completion with Alpine County Clerk; d. 2006 Highway 50 Waterline Replacement: Reno to Meeks, and Bigler to San Jose - Approved Change Order No.1 to White Rock Construction, Inc., for a total deduction in the amount of <$169,707.21 >; e. Approved Regular Board Meeting Minutes: December 7, 2006. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION \., October 17, 2006, the District experienced a diesel spill at the large emergency generator site. Special circum- stances were present and it was necessary to remove contaminated soil as soon as possible so as to minimize spreading of the spilled fuel and associated costs for clean- up. Delays could have postponed soil cleanup activity until May 1, 2007, due to TRPA soil disturbance requirements. Ben's Truck & Equipment was immediately available to do the work for a competitive price. District crews started the cleanup process within minutes of discovering the spill and began to remove contaminated soil within 24 hours. The purChase policy allows for dispensing with bidding procedures, when: ''the Board of Directors determines that due to special circumstances, it is in the District's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedures." (2:10 p.m. - Director Farrell arrived at this point in the meeting.) Ross Johnson requested authorization to pay for disposal of contaminated soil that was removed to prevent migration into the ground. \." LARGE GENERATOR FUEL SPILL CLEANUP REGULAR BOARD MEETING MINUTES - JANUARY 4,2007 PAGE - 3 \., Moved Jones I Second Wallace I Mosbacher Absent I Passed to: (1) Ratify cleanup action by staff as being in compliance with the Purchasing Policy for Special Circumstances; and (2) Authorize payment of contaminated soils hauling and disposal, not to exceed $25,000. LARGE GENERATOR FUEL SPILL CLEANUP (continued) Moved Jones I Second Wallace I Mosbacher Absent I PAYMENT OF CLAIMS Passed to approve payment in the amount of $1,595,869.04. Director Schafer pointed out that a memo was distributed 2007 COMMITTEE with the 2007 Board committee appointments. APPOINTMENTS Director Jones reported the District was not included BOARD MEMBER REPORTS in a recent Tahoe Daily Tribune news article as being involved in local emergency coordination and response. Staff will call various agencies to ensure future involvement. \" Director Wallace reported on activities surrounding the property tax issue. He and staff met with Supervisor Norma Stantiago to brief her. If their Board approves, the agency intends to transition the District out of its entire share of funding. They plan to return 80% to the District for 2006107. Beginning in 2007108, funding will be phased out by 2011. After 2010, the District will have to apply on a year-ta-year basis for specific projects to be funded. District representative, Dennis Cocking, intends to be more of a presence at the agency's regular meetings. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT General Manaaer: Richard Solbrig reported on the impacts GENERAL MANAGER REPORTS of the City's increased fees. He also stated the District is continuing to cooperate with the County on potholing/permits. District Information Officer: Dennis Cocking reported on three items: 1) The Board compensation issue has met with roadblocks from ACWA. He will continue to pursue this issue. 2) A meeting will be scheduled with Lake Valley Fire. 3) He will attend the upcoming ACWA conference in Washington D.C. and will meet with various legislators while there. 2:50 - 2:55 P.M. '-' MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION REGULAR BOARD MEETING MINUTES - JANUARY 4, 2007 PAGE - 4 4:15 P.M. RECONVENED TO REGULAR SESSION \., ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Beth Jett, Kendall Pearce, and Pearce Family Trust Dated 1-20-88 vs. STPUD, Cox & Cox Construction, Inc., a California Corporation, Nimbus Engineers, a Nevada Corporation and Does 1-100, Inclusive, Civil Action No. PC 20050567, Superior Court, County of EI Dorado. State of Ca. No reportable Board action. Pursuant to Government Code Section 54956. 9( a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, U.S. District Court for the Eastern District of Ca. \., No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel - Anticipated Litigation (Two Cases) Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, Ca.; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCE JFM No reportable ~oard action. 4:15 P.M. \". ATTEST:~~~,5I-nA~ Ka y Sharp, lerk of the B ard