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04-18-85MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 18, 1985 The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 18, 1985, 4:00 P.M., 1900 Lake Tahoe Blvd., City Services Center. BOARD OF DIRECTORS: President Madden, Directors Wynn, Mason - Present. Directors Olson, Jones - Absent. ROLL CALL STAFF: Cofer, Baer, Fischer, Mamath, Plasterer, Schroeder, G. Eppler, HYdrick, B. Eppler, Cartwright, Taylor, Attorney Weidman. GUESTS: ' Craig Woods-Manager, TTSA, Mike Hoffman-Tahoe Daily Tribune Manager Cofer requested an Executive Session be added to the Agenda under Item XVI. ADJOURNMENT. CORRECTIONS/ADDITIONS TO AGENDA None CONSENT CALENDAR Moved Wynn/Second Mason/Passed Unanimously (Olson, Jones/Absent) to approve the 4/4/85 Regular Board Meeting and the 4/8/85 Executive Session. APPROVAL OF BOARD MINUTES None REPORT BY BOARD MEMBERS SHOP STEWARD'S REPORT NOne None COMMITTEE REPORTS PAST MEETINGS 4/8/85 - 4:00 P.M.-Executive Session re Alpine County Litigation 4/9/85 -10:00 A.M.-So. Shore Water Pur- veyors (Adopted cross connection control program) 4/ll/85-Meeting in Assemblyman Norman Waters office re AB914 4/15/85- 4:00 Workshop/Agenda Items REGULAR BOARD MEETING MINUTES - APRIL 18, 1985 Page 2 Manager Cofer introduced Craig Woods, TTSA Manager. Manager Cofer reported Jerry Smith, CASA President, had testified in Wash- ington and presented arguments for keeping the Clean Water Act at the 2.4 billion dollar per year level. He also raised the issues related to the audit problems encountered in Calif- ornia. Attorney Weidman indicated he had formalized the letter to be authorized in Board Action Item No. 5 (Response to League to Save Lake Tahoe re future ex- pansion of wastewater treatment plant capacity.) None None BOARD ACTION MANAGER'S REPORT ATTORNEY ' S REPORT PROGRAM MANAGER'S REPORT COMMENTS FROM AUDIENCE (Short Non-Agenda Items) Moved Wynn/Second Mason/Passed Unanimously (Olson, Jones/Absent) to authorize payment in the amount of $352,423.41. Presented by Finance Officer Fischer. Director Wynn indicated Mr. Fischer had met with the Finance Committee to discuss this Agenda Item. Moved Wynn/Second Mason/Passed Unanimously (01son, Jones/ Absent) to authorize increase to $2,000 per month beginning May 2, 1985. Presented by Ken Schroeder. Moved Wynn/Second Mason/Passed Unanimously (Olson, Jones/Absent) to approve removal t0 a dump area in Nevada for an amount not to exceed $5,000. Presented by Rick Hydrick. Moved Mason/Second Wynn/Passed Unanimously (Olson, Jones/Absent) to approve contract with Gary Kah, Agtech Associates, Inc. for Irrigation Manage- ment Consulting Services in an amount not to exceed $3,950. PAYMENT OF CLAIMS SALARY ADJUSTMENT: COLLECTION OFFICER - RESOLUTION NO. 2365 REMOVAL OF EXCAVATION SPOILS CITY BEAUTIFICATION STRIP: CONSULTANT SERVICES REGULAR BOARD MEETING MINUTES - APRIL 18~ 1985 Page 3 Attorney Weidman gave a brief background as to the reason for sending a letter to the League re the future expansion of the Wastewater Treatment Plant capacity and asked authorization to do same. Moved Mason/Second Wynn/Passed Unanimously (Olson, Jones/Absent) to authorize At- torney Weidman to send the letter. Presented by Ken Schroeder. Moved Mason/Second Wynn/Passed Unanimously (Olson, Jones/Absent) to authorize repair by Bird Machine Company in an amount not to exceed $8,000. LEAGUE TO SAVE LAKE TAHOE GEAR HEAD FOR CENTRIFUGES (Repair) 4/19/85 - 9:30 A.M. - Assemblyman Norman NOTICE OF FUTURE MEETINGS Waters - CANCELLED 4/19/85 - 1:30 P.M. - Settlement Confer- ence - 3rd Dist. Court 4/26/85 -10:00 A.M. - Alpine County, AB914, Lahontan Offices - CANCELLED 4/29/85 - 4:00 P.M. - Workshop/Agenda Items 5/02/85 - 4:00 P.M. - Regular Board Meeting 5/03/85 -10:00 A.M. - Harrah's Water Service RESCHEDULED TO MAY 17, 1985 5/24-25 - CASA - Spring Conference Attorney Weidman stated there is an EXECUTIVE SESSION STATEMENT appeal now pending in the Court of Appeal, BY ATTORNEY WEIDMAN Third Appellate District, entitled South Tahoe Public Utility District, vs County of Alpine, Case No. 3 Civil 24892 and Amador County Superior Court Action No. 12657; specifically, the Settlement Con- ference in the Third District Court of Appeal Action No. 3 Civil 24892 being held April 19, 1985, 1:00 P.M.and discussing the pending litigation in open session would prejudice the position of the District. 4:13 P.M. ADJOURNMENT TO EXECUTIVE SESSION 4:53 P.M. RECONVENE TO REGULAR SESSION REGULAR BOARD MEETING MINUTES ? APRIL 18~ 1985 Page 4 None 4:54 P.M. ACTION ON ITEMS FROM EXECUTIVE SESSION ADJOURNMENT PAT A. MAMATH, CLERK OF ~OARD SOUTH TAHOE PUBLIC UTILITY DISTRICT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2365 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT PR@VIDING FOR THE SALARY ADJUSTMENT~ OF COLLECTION OFFICER BE IT RESOLVED, by the BOARD OF DIRECTORS of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, COUNTY OF EL DORADO, STATE OF CALIFORNIA, AS FOLLOWS: That the General Manager/Engineer is authorized to increase the Salary Range/Rate for the following Management and Confidential position: COLLECTION OFFICER - $2,000/month This RESOLUTION supercedes that portion of Resolution No. 2363 which addresses the Salary Range/Rate of the COLLECTION OFFICER with the increase becoming effective May 2, 1985. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of the South Tahoe Public Utility District on the 18th day of April, 1985, by the following vote: AYES: Directors Madden, Wynn, Mason NOES: None ABSENT: Directors Jones, 01son MARY ~. ).~DDEN, PRESIDENT OF BOARD SOUTHV~AHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MA~ATH, CLERK AND EX OFFICIO SECRETARY OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT Memo No. 4 Date 4/18/85 CONFIDENTIAL MEMORANDUM OF LEGAL COUNSEL TO THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT STATING REASONS AND LEGAL AUTHORITY FOR HOLDING A CLOSED SESSION OF THE BOARD PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 OR 54956.9 TO: The Board of Directors of South Tahoe PUblic Utility District As your attorney, I submit this memorandum stating the reasons and legal authority for holding a closed session of the Board with your attorney and for the purposes set forth herein: A. There is an appeal now pending in the Court of Appeal, Third Appellate District, entitled South Tahoe Public Utility District, Plaintiff and Respondent, v. County of Alpine, et al., Defendants and Respondents, Sierra Club, Inc., et al., Intervenors-Appel!ants, Case No. 3 Civil 24892. Discussing said pending litigation, Amador County Superior Court Action No. 12657, and the Third District Court of Appeal Action No. 3 Civil 24892, in open session would prejudice the position of the Dis- trict. Specifically, the Settlement Conference in the Third District Court of Appeal Action No. 3 Civil 24892 is being held on April 19~ 1985, one day after the Board of Directors regular meeting, and it is necessary to further discuss said matter in a closed session for the aforesaid reasons. The section and sub- division of the Government Code authorizing the closed meeting is set forth for the following reason: Section 54956.9(a). - 1 - Dated and signed by John' C.~eidman, Attorney Sou,~h TAhoe Public Utility District Date April 18, 1985 For Executive Session - Regular Meeting - 4/18/85 - 2 -