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04-06-00SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Christopher H. Strohm, PresidentBOARD MEMBERS Pembroke Gochnauer, Vice President James Jones, Director Mary Lou Mosbacher, Director Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 6, 2000 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 6, 2000, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Strohm, Directors Wallace, Jones, Gochnauer, Mosbacher. STAFF: Baer, Solbrig, Sharp, Taylor, Noble, Hussmann, Hydrick, Brown, Johnson, Hrbacek, Hoggatt, Schroeder, Swain, Bird, Attorney Kvistad. GUESTS: Lewis Feldman/Park Avenue Redevelopment, Colin West/ U.S. Forest Service, David Kelly, Joyce Blackstone, Roy Hampson. None. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Consent Item b. was brought forward for discussion prior to Board action. CONSENT CALENDAR Consent Items e. and m. were brought forward for separate votes. STl11060 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 PAGE - 2 Moved Mosbacher/Second Gochnauer/Passed Unanimously to approve the Consent Calendar as amended: CONSENT CALENDAR (continued) Trench Paving - Awarded bid to Peterson Underground Paving for all trench paving in an estimated amount of $22,000; b. Asphalt Patch Paving - See Consent Items Brought Forward; c. 2000 - 2001 Polymer Contract - Authorized contract with CIBA Specialty Chemicals in the estimated amount of $64,521.60; Alpine County Storage Building and Office Project - Authorized increase to Purchase Order No. 8999 for additional costs of $5,800 incurred for building pad construction inspection; e. Park Avenue Redevelopment - See Consent Items Brought Forward; Railroad Tank Replacement - A) Approved the findings and certified the Negative Declaration of Environmental Impact; and B) Authorized the filing of the Notice of Determination and De Minimis Impact finding; Forest Mountain Tank and Pump Station Replacement - A) Approved the findings and certified the Negative Declaration of Environmental Impact; and B) Authorized the filing of the Notice of Determination and De Minimis Impact finding; h. Approved purchase of two Panasonic FP-D250 digital copiers in the total amount of $16,860; i. Authorized staff to advertise for bids for sludge disposal; j. Authorized staff to advertise for bids to haul sludge; ko Land Application Guideline Study - Approved environmental planning services for Harding Lawson Associates to develop domestic wastewater application guidelines in an amount not to exceed $25,000; STl11061 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 PAGE - 3 I. Bijou Pump Station Equipment Upgrade: VFD's - CONSENT CALENDAR Authorized staff to advertise for bids to purchase (continued) three VFD's; m. Park Avenue Redevelopment Waterline Replacement - See Consent Items Brought Forward; n. Approved Regular Board Meeting Minutes: February 17, 2000; o. Approved Regular Board Meeting Minutes: March 2, 2000. CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION / BOARD ACTION Ken Schroeder clarified that this item is for patching needs, not street paving. ASPHALT PATCH PAVING (Consent Item b.) Moved Gochnauer/Second Wallace/Passed Unanimously to award bid to the lowest responsive, responsible bidder, G. B. Construction, for all asphalt patch paving for calendar year 2000, in an estimated amount of $110,000. (Consent Items e. and m. were combined for the purpose of this vote - President Strohm abstained from voting due to a potential conflict of interest.) Moved Wallace/Second Jones/Strohm Abstained/Passed to: 1) Approve Task Order No. 18 with Boyle Engineers in an amount not to exceed $7,000; and 2) Approve the reimbursement agreement with the City of South Lake Tahoe. PARK AVENUE REDEVELOPMENT (Consent Item e.) PARK AVENUE REDEVELOPMENT WATERLINE REPLACEMENT (Consent Item m.) ITEMS FOR BOARD ACTION Richard Solbrig reported in order to meet the project schedule, it is necessary to proceed with the electrical design portions of the proposal (Tasks I and 2). The Operations Committee reviewed this item and recom- mended approval. GARDNER MOUNTAIN WELL PUMP AND CONTROL BUILDING Moved Jones/Second GochnauedMosbacher Voted No/ Passed to approve Tasks 1 and 2 of Carollo Engineer's proposal (electrical design) in the amount of $22,000. (Director Mosbacher voted no due to her objection to committing additional funds until the Special Use Permit has been approved.) STl11062 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 PAGE - 4 Richard Solbrig recommended that consideration of this item be tabled to a future Board meeting. Moved Gochnauer/Second Jones/Passed Unanimously to table this item to a future Board meeting. Due to a potential conflict of interest, President Strohm disqualified himself from participating in the discussion of this item. Diane Noble reported as a result of the Park Avenue Redevelopment Project's representatives appearance at the March 16, 2000 Board meeting, an Ad Hoc com- mittee of the Board met with the representatives to d discuss waiver of the sewer capacity transfer fees. The committee would like to consider exploring a general Administrative Code amendment to provide an exception to the transfer fees under certain prescribed circum- stances, rather than a specific waiver as requested by the project proponents. Consideration of this item was assigned to the Board's Planning Committee. Director Jones will replace Director Gochnauer on the committee until the FPPC issues an opinion regarding Gochnauer's potential conflict of interest related to transfer fees. No Board action. 3:00 P.M. 3:10 P.M. Moved Wallace/Second Jones/Passed Unanimously to authorized execution of agreement. Moved Jones/Second GochnauedPassed Unanimously to approve payment in the amount of $674,140.73. Executive Committee: The committee met April 5 regard- ing the District's general counsel contract. Water and Wastewater Operations Committee: The committee met April 3. Minutes of the meeting are available upon request. Planning Committee: The committee will review District- owned properties, as time allows. GARDNER MOUNTAIN WELL PUMP HOUSE ADMINISTRATIVE CODE AMENDMENT MEETING BREAK MEETING RESUMED EMPLOYMENT AGREEMENT FOR HUMAN RESOURCES DIRECTOR PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS STl11063 PAGE - 5 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 Director Wallace reported on the Lake Tahoe Transpor- BOARD MEMBER REPORTS tation and Water Quality Coalition meeting. He sug- gested the coalition needs to have more accountability, Director Gochnauer reported the South Tahoe Alliance for Recreation will hold a special election in September. General Manager: Bob Baer reported on four items: 1) The purveyors will meet April 7 to discuss governance of the County Water Agency. 2) Sierra Pacific Power Company filed a lawsuit in Nevada to declare deregulation in Nevada as unconstitutional. 3) Lahontan is moving forward with defining the TMDL for Indian Creek Reservoir. They are preparing an environ- mental document and plan to adopt regulations at their Regional Board meeting in July. 4) The procedure for referring customer contacts to Board members was clarified. Since the terms of the Special Use Permit have not been finalized, consideration of this item was tabled to the next Regular Board meeting. GENERAL MANAGER / STAFF REPORTS U.S. FOREST SERVICE SPECIAL USE PERMIT FOR GARDNER MOUNTAIN WELL No Board action. 3:50 P.M. 4:05 P.M. MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION 6:30 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel and staff updated the Board and received direction regarding this item. No Board action. Pursuant to Government Code Section 54956.8/Conference re: Real Property Negotiations: Agency Negotiators - District Staff (Robert Baer, Richard Solbrig, General Counsel), Board of Directors Under Negotiation - Property Terms Property ID - APN 19-081-09 STl11064 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 PAGE Legal counsel updated the Board regarding this item. No Board action. Legal counsel updated the Board regarding this item. No Board action. Legal counsel updated the Board regarding this item. (Due to a potential conflict of interest, Director Wallace disqualified himself from participating the discussion of this item. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel, Existing Litigation: Mountain Cascade Inc., and Valley Engineers, Inc. rs. STPUD Board of Directors and STPUD, County of El Dorado, Superior Court Case No. SC20000050 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel, Existing Litigation: Schwake vs. STPUD, Federal Case No. CV-N-93-851-DWH Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: Pending Litigation (one case) No Board action. The Board directed staff regarding this item. No Board action. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators Agency Negotiators: Robert Baer, Board of Directors Unrepresented Employee Position: District General Counsel (All other items listed on the agenda for Closed Session were discussed during the Special Board Meeting held prior to the Regular Board Meeting.) 6:35 P.M. ADJOURNMENT Christopher H. Strohm, Board President South Tahoe Public Utility District Kathy Sharp~lerk of the B6ard South Taho~ Public Utility District STl11065 REGULAR BOARD MEETING MINUTES - APRIL 6, 2000 PAGE - 5 Director Wallace reported on the Lake Tahoe Transpor- tation and Water Quality Coalition meeting. He sug- gested the coalition needs to have more accountability. BOARD MEMBER REPORTS Director Gochnauer reported the South Tahoe_..._ ...~Alliance for Recreation will hold a special election~ove~b~'~ General Manager: Bob Baer reported on four items: 1) The purveyors will meet April 7 to discuss governance of the County Water Agency. 2) Sierra Pacific Power Company filed a lawsuit in Nevada to declare deregulation in Nevada as unconstitutional. 3) Lahontan is moving forward with defining the TMDL for Indian Creek Reservoir. They are preparing an environ- mental document and plan to adopt regulations at their Regional Board meeting in July. 4) The procedure for referring customer contacts to Board members was clarified. GENERAL MANAGER / STAFF REPORTS Since the terms of the Special Use Permit have not been finalized, consideration of this item was tabled to the next Regular Board meeting. U.S. FOREST SERVICE SPECIAL USE PERMIT FOR GARDNER MOUNTAIN WELL No Board action. 3:50 P.M. MEETING BREAK 4:05 P.M. MEETING RESUMED AND ADJOURNED TO CLOSED SESSION 6:30 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel and staff updated the Board regarding No Board action. Pursuant to Government Code Section 54956.8/Conference re: Real Property Negotiations: Agency Negotiators - District Staff (Robert Baer, Richard Solbrig, General Counsel), Board of Directors Under Negotiation - Property Terms Property ID - APN 19-081-09 STl11066 REGULAR BOARD OF DIRECTORS MEETING GUEST SIGN-IN SHEET IN ACCORDANCE WITH THE BROWN ACT: COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE, STl11067