01-02-97SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Christopher H. Strohm, President BOARD MEMBERS James Jones, Vice President
Robert Mason, Director Mary Lou Mosbacher Duane Wallace, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
JAN UARY 2, 1997
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session January 2,
1997, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California.
BOARD OF DIRECTORS:
Vice President Jones, Directors Wallace, Mason,
ROLL CALL
President Strohm and Director Mosbacher were
absent.
STAFF:
Baer, Sharp, McFarlane, Solbrig, Hydrick, Johnson,
Noble, Thiel, Attorney Neese
GUESTS:
Judy Brown/City Council Liaison, Roy Hampson
Roy Hampson came before the Board to speak
regarding the importance of documenting storm
damage, the Tahoe Queen relocation issue, and
redevelopment.
COMMENTS FROM THE AUDIENCE
This item was removed from the agenda, it was
satisfactorily resolved by staff.
REQUEST TO APPEAR: Steve Rude
and Robert Koser, Rude Bros. Bagel
& Coffee Haus
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REGULAR BOARD MEETING MINUTES -JANUARY 2, 1997 PAGE -2
Due to the weather, the annual audit and CAFR presen-
tations were canceled until the next Board meeting.
Moved Mason/Second Wallace/Strohm and Mosbacher
Absent/Passed to add two emergency items to the agenda:
1) Boulder Mountain Road leading for Forest Mountain
tanks washed away and exposed the water line, and
2) the roadway to the Christmas Valley tank washed
away, exposing the water line. These items occurred
after the agenda was posted. Repairs must be made
as soon as possible and therefore, cannot be delayed
until the next meeting. These items will be combined as
Action Item 1.
Moved Mason/Second Wallace/Strohm and Mosbacher
Absent/Passed to approve the Consent Calendar as
submitted:
1 ) Highway 50 Water Line Replacement Project -
Approved Change Order No. 8 for Utility Boring, Inc.
in the amount of $10,937.62.
2) Al Tahoe Pump Station - Approved Change Orders
5B, 6, 7, 8, and 9 for Cushman Contracting Cor-
poration in the total amount of $9,201.09.
3) Ski Run Pump Station -Approved Change Orders
5, 6, 7, 8, 9, 10, and 11 for K.G. Walters in the
total amount of $13,481.39.
4) Export Pipeline (A-Line SEZ) -Approved Change
Orders 9 and 10 for C.R. Fedrick in the total amount
of $23,520.93.
Rick Hydrick reported on the storm events. Severe
weather caused District crews to work through the night.
Several improvements were suggested as a result of the
storms. The improvements implemented last year were
very effective in enabling the system to handle such
large flow volumes.
PRESENTATIONS
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
CONSENT CALENDAR
STAFF REPORTS
ITEMS FOR BOARD ACTION
Richard Solbrig reported that due to the severe weather
conditions, approximately 300 feet of pipeline from
Boulder Mountain Road to Forest Mountain tanks has
BOULDER MOUNTAIN AND
CHRISTMAS VALLEY WATER LINE
EMERGENCIES
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REGULAR BOARD MEETING MINUTES - JANUARY 2, 1997 PAGE - 3
been exposed by the washout of the road shoulder on
Boulder Mountain Road. With the line exposed, the
District's ability to pump water to the tanks, and the
ability to supply water to the residences of Angora
Mountain is in jeopardy.
Excessive run off also exposed the water line to the
Christmas Valley tanks off of Snowflake Drive. The
access road has been washed out and a portion of the
water line has been exposed in a sink hole in the road.
Access to the Christmas Valley tank has been eliminat-
ed by these events and the pipeline is exposed to future
damage. Access to several residences has also been
cut off on Snowflake Drive.
Attorney Neese presented the legal framework neces-
sary to declare this an emergency item. Solbrig stated
the situations at Boulder Mountain and Christmas Valley
are sudden, unexpected occurrences that pose clear and
imminent danger, requiring immediate action to prevent
or mitigate the loss or impairment of life, health, property
or essential public services.
Moved Mason/Second Wallace/Strohm and Mosbacher
Absent/Passed that emergencies, as defined per Section
1102 of the Public Contracts Code, have occurred based
upon the testimony and evidence submitted.
Solbrig outlined methods of repair. Per Section 22050 of
Public Contracts Code, he determined that the water line
going up Boulder Mountain Road to Forest Mountain tanks,
and the water line at Christmas Valley tanks off of Snow-
flake drive are emergencies that will not permit a delay
resulting from the competitive solicitation for bids.
It was also Solbrig's opinion that Board action is neces-
sary to respond to the emergencies including actions as:
1 ) the repair or replacement of a public facility, 2) taking
any directly related and immediate action required by
those emergencies, and 3) the procurement of necessary
equipment, services and supplies for these purposes with-
out giving notice for bids to let contracts.
By adopting Resolution 2642, the Board will make the
following findings: sufficient evidence was presented to
BOULDER MOUNTAIN AND
CHRISTMAS VALLEY WATER LINE
EMERGENCIES
(Continued)
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REGULAR BOARD MEETING MINUTES -JANUARY 2, 1997 PAGE -4
determine that emergency situations exist, the timely
progress of repairs would be impacted by formal bidding
processes, and that immediate actions are necessary to
respond. The resolution also stipulates that the Board
delegates authority to the General Manager to order any
actions in response to the emergencies. Additionally,
because they are emergencies, the projects are exempt
from CEQA requirements.
Moved Wallace/Second Mason/Strohm and Mosbacher
Absent/Passed to adopt Resolution 2642.
Richard Solbrig reported on C-Line Emergency project
activities:
Cox Construction was in the process of hanging the pipe
under the bridges when the severe weather came. Work
was delayed for several days. The river rose considerably,
and washed away the temporary scaffolding. The river
crested at approximately 20 feet; its normal level is 2 feet.
Crews are unable to reach the project site due to several
road closures.
No Board action.
Moved Wallace/Second Mason/Strohm and Mosbacher
Absent/Passed to approve payment in the amount of
$1,337,669.10
BOULDER MOUNTAIN AND
CHRISTMAS VALLEY WATER LINE
EMERGENCIES
(Continued)
C-LINE EMERGENCY
PAYMENT OF CLAIMS
PUBLIC HEARING
3:00 PM PUBLIC HEARING
Vice President Jones opened the Public Hearing
at 3:00 PM.
Attorney Neese reported an amendment to the Conflict
of Interest Code is necessary due to changing circum-
stances. It has come to the attention of the District that
the position of General Counsel (or attorney), a position
described in Section 87302(a), is presently not included
within the list of designated employees contained in
Appendix A.
DISTRICT CONFLICT OF INTEREST
CODE AMENDMENT - RESOLUTION
NO. 2641
Open Hearin,q
Staff Report
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REGULAR BOARD MEETING MINUTES - JANUARY 2, 1997 PAGE - 5
Prior to 1992, Appendix A included the attorney position.
In 1992, the District's attorney at that time deleted the
position. As the new counsel to the District, Neese re-
commended the attorney position be added.
Proper notice was provided to all officers and designat-
ed employees, and this Public Hearing was noticed in
the Tahoe Daily Tribune to provide an opportunity for
the general public to offer comments.
None.
None.
Moved Wallace/Second Mason/Strohm and Mosbacher
Absent/Passed to adopt Resolution No. 2641 amending
the Conflict of Interest Code, authorizing the filing with
the El Dorado County Clerk and amending Resolution
No. 2600.
Vice President Jones closed the hearing at 3:10 p.m.
Water and Wastewater Operations Committee: The com-
mittee met earlier in the day to discuss several items on
this agenda. Minutes from the meeting are available upon
request.
County Water A,qency/EDWPA Committee: Bill Hetland
was selected as the new general manager of El Dorado
Irrigation District.
LAFCO Committee: Manager Baer reported the execu-
tive director of LAFCO called regarding the Heavenly
Valley annexation. A meeting will be scheduled in the
near future.
Legislative Funding Ad Hoc Committee: Representatives
from the District will be traveling to Washington D.C. to
to give a presentation before the EPA on January 6. The
innovative qualities of the hydroelectric portion of the ex-
port pipeline project will be highlighted.
Director Wallace reported Iron Mountain Road may be
opened to provide an alternate route for travel into the
basin while Highway 50 is closed.
PUBLIC HEARING - DISTRICT
CONFLICT OF INTEREST CODE
AMENDMENT - RESOLUTION 2641
(Continued)
Public Comments
Board Member Comments
Adopt Resolution No. 2641
Close Hearing
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER AD HOC
COMMITTEE REPORTS
BOARD MEMBER REPORTS
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REGULAR BOARD MEETING MINUTES -JANUARY 2, 1997 PAGE -$
Vice President Jones read the Board Committee assign-
ments for 1997.
General Manager: Bob Baer reported on two items:
1) Water is being released from Indian Creek Reservoir.
The Snowshoe Thompson ditch in Alpine County washed
out and created flooding problems.
2) He reviewed the Tahoe Queen's permitting progress
with the TRPA and Lahontan.
Attorney: Kevin Neese reported a letter has been sent
to McDonald's regarding the District's position on the
maintenance agreement. The easement and indem-
nification should be completed soon.
3:40 P.M.
3:55 P.M.
BOARD MEMBER REPORTS
(Continued)
GENERAL MANAGER REPORTS
ADJOURNED TO CLOSED SESSION
RECONVENE TO REGULAR SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION
Attorney Neese updated the Board on the status
of this case.
No Board action.
Attorney Neese updated the Board on the status
of this case.
No Board action.
Attorney Neese updated the Board on the status
of this case.
No Board action.
Direction was given regarding management negotiations.
No Board action.
Pursuant to Section 54956.9(a) of
California Government Code/STPUD
v. Schwake, Case SV-0914
Pursuant to Section 54956.9(a) of
California Government Code/Schwake
v. STPUD, Federal Case No. CV-N-93-
851-DWH
Pursuant to Section 54956.9(a) of
California Government Code/STPUD
v. Tahoe Trust of 819192, El Dorado
Superior Court, Case No. SV-0786
Pursuant to Section 54957.6 of
California Government Code/Con-
ference with Labor Neqotiators
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REGULAR BOARD MEETING MINUTES - JANUARY 2, 1997 PAGE - 7
4:00 P.M.
ADJOURNMENT
Christopher H. Strohm, President of Board
South Tahoe Public Utility District
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Katl~y Sharp,,~g/erk of Board ~'
South Tahoe-Public Utility District
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