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04-02-87 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT April 2, 1987 The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 2, 1987, 4:00 PM, 1900 Lake Tahoe Blvd., City Council Chambers. BOARD OF DIRECTORS: Chairman Wynn, Dirctors Mason, Jones, Olson, Madden/Absent (ill) ROLL CALL STAFF: Co/er, Baer, Fischer, Mamath, Taylor, Miller, Plasterer, Tiran, Trebotich, Cartwright, Schroed~r, Attorney Weidman (arrived late). GUESTS: Keith Klein, City Council None COMMENTS FROM AUDIENCE None CORRECTIONS/ADDITIONS TO AGENDA None CONSENT CALENDAR Moved Olson/Second Mason/Passed Unanimously (Madden/Absent) to approve 3/19/87 Regular Board Meeting minutes. None REPORT BY BOARD MEMBERS Chairman Jones reported on the Corps of Engineers Construction Management Evaluation Exit Con- ference. Chairman Jones asked Gary Plasterer to elaborate on the Plant's operation and how it has been affected by the Construction Project. Gary Plasterer gave a report on the above request. Gary answered several questions from Chairman Mason and Chairman Olson. REGULAR BOARD MEETING MINUTES - APRIL 2, 1987 3/20/87 - 10:00 AM, So. Shore Water Purveyors @ District 3/23/87 - 7:00 PM, E1 Dorado County Water Committee 3/25/87 - 7:00 PM, Alpine County Chamber of Commerce 3/26/87 - 7:00 PM, Alpine County Planning Commission/Clay Permits 3/30/87 - 4:00 PM, Workshop/Agenda Items 4/01/87 - 1:30 PM, Workshop/Cross Connection Ordinance 3/30~4/2- Corps of Engineers/Con- struction Review PAGE - 2 PAST MEETINGS 1) Manager-None 2) Attorney-not present 3) Program Managers-None 4) Shop Steward-None STAFF REPORTS ITEMS FOR BOARD ACTION Moved Olson/Second Jones/Passed Unanimously (Madden/Absent) to authorize payment in the amount of $433,849.30. Manager Cofer requested to defer action on this item until the new position is filled for Associate Engineer. It was agreed to defer the above item at this time. Chairman Jones suggested notifying James M. Montgomery Engineers of the deferment. Presented by Bob Baer: A) Moved Mason/Second Jones/Passed Unanimously (Madden/Absent) to B) authorize Amendment NO. 14 to CWC-ttDR, Inc. Agreement for an amount not to exceed $39,695. Moved Jones/Second Mason/Passed Unanimously (Madden/Absent) to authorize an increase in the John Carollo Engineers Task Order NO. 1 for an amount not to exceed $45,824. PAYMENT OF CLAIMS TROUT CREEK STABILIZATION PROJECT: DESIGN SERVICES/JAMES M. MONTGOMERY IN AN AMOUNT NOT TO EXCEED $16,210. PLANT MODIFICATION AND AGRICULTURAL REUSE PROJECT: STEP 2 GRANT DESIGN SERVICES REGULAR BOARD MEETING MINUTES - APRIL 2, 1987 PAGE - 3 Presented by John Weidman: CAUSTIC SODA CONTRACT Moved Olson/Second Mason/Passed Unanimously (Madden/Absent) to approve MOU with HOLCHEM, iNC. Reactivating Contract, provided they pay $8,600 in damages be- tween now and the end of June, 1987. The District owes HOLCHEM, INC. $9,700. Notice of future meetings inadver- tently omitted from Agenda. NOTICE OF FUTURE MEETINGS Attorney Weidman reported to the Board of Directors that the District had received a decision from the Third District Court of Appeal of the State of California for the Third Appellate District in an action entitled South Tahoe Public Utility District, Plaintiff, v. County of Alpine, Defendent, and Sierra Club, Inc., et al., Inter'- venor, Action No. 3 Civ. C000111. ATTORNEY'S REPORT Mr. Weidman reported that this decision was received on March 31, 1987 after the agenda was posted. He further advised the Board that there was a position the Board may want to instruct the attorneys to take regarding matters contained in the decision at an early date which would re- quire discussion at this time. He also advised that the Board may have some questions about the decision which might require in- struction to the attorneys at an early date after discussion with the Board. Finally, Attorney Weidman advised that the Board go into Executive Session on this decision because any instructions to the attorneys would involve litigation strategy. REGULAR BOARD MEETING MINUTES - APRIL 2, 1987 Moved Mason/Second Jones/Passed Unanimously (Madden/Absent) to hold an Executive Session for discussion of legal matters and instruct Attorney Weidman on matters relating to the legal decision, and that since this matter arose subsequent to the agenda posting, it should be added to the agenda. PAGE - 4 ADJOURNMENT TO EXECUTIVE SESSION FOR DISCUSSION OF LEGAL MATTERS 4:15 PM - The subject of the Executive Session was: Third District Court of Appeal of the State of California for the Third Appellate District in an action entitled South Tahoe Public Utility District, Plaintiff, v. County of Alpine, Defendant, and Sierra Club, Inc., et al., Inter- ventor, Action No. 3 Civ. C000111. EXECUTIVE SESSION 4:25 PM RECONVENE TO REGULAR SESSION None ACTION ON ITEMS FROM EXECUTIVE SESSION 4:25 PM ADJOURNMENT SOUT~AHOE PUBLI~ UTILITY DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD MEETING GUEST SIGN-IN SHEET: (please print) ADDRESS: £~ ~ 13-¢~o~ NOTE: COMPLETION OF THE ABOVE INFO~TION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.