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08-03-00SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General Mana er Richard Solbri , Assistant Man..a....~.r..' Christopher H. Strohm, President BOARD MEMBERS Pembroke Gochnauer, Vice President James Jones, Director Ma Lou Mosbacher Director Duane Wallace, Di~.~!..o...[ REGULAR MEETING OF THE BOARD'OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AUGUST 3, 2000 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, August 3, 2000, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Wallace, Jones, Gochnauer, Mosbacher. ROLL CALL STAFF: Baer, Solbrig, Sharp, Callian, McFarlane, Cocking, Noble, Hoggatt, Attorney Kvistad. GUESTS: Judy Brown/City of SLT Liaison, Joyce Blackstone, Roy Hampson, David Kelly. Roy Hampson complimented the District on their common sense approach in addressing contaminates. He cautioned the Board against funding cleanup costs - they may not work or be necessary. He also pointed out that there were several vacancies on the Lahontan Regional Board. Consent Items a., b., and c. were brought forward for discussion prior to Board action. COMMENTS FROM THE AUDIENCE CONSENT CALENDAR STl10945 REGULAR BOARD MEETING MINUTES - AUGUST 3, 2000 PAGE - 2 Moved Gochnauer/Second Strohm/Passed Unanimously to approve the Consent Calendar as amended: a. See Consent Items Brought Forward; b. See Consent Items Brought Forward; c. See Consent Items Brought Forward; d. Approved Regular Board Meeting Minutes: June 15, 2000; e. Approved Special Board Meeting Minutes: July 6, 2000; f. Approved Regular Board Meeting Minutes: July 6, 2000. CONSENT CALENDAR (continued) CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION David Kelly received clarification that any disabled or senior citizens who are on the list of unpaid assessments understand this process. Director Mosbacher requested names of the parcel owners be included on the list. Staff reported the procedure was changed last year not to include names for privacy reasons. The Finance Committee will consider what information should be included on future lists. Moved Gochnauer/Second Jones/Passed Unanimously to adopt Resolution No. 2708-00, authorizing delinquent accounts to be added to the 2000-01 County Tax Assessor's Roll. Director Mosbacher stated the License Agreement should be signed by Mr. Erickson prior to Board approval. Staff replied since the District is the entity requesting the license agreement, it is normal procedure that the District obtain Board approval prior to submitting the request to Mr. Erickson for him to then accept or reject. Moved Jones/Second Strohm/Mosbacher Voted No/Passed to authorize execution of License Agreement between the District and Mr. Thomas Erickson to allow District use of monitoring wells associated with Tahoe Tom's gas station. UNPAID ASSESSMENTS (Consent Item a.) STPUD / ERICKSON LICENSE AGREEMENT (Consent Item b.) STl10946 REGULAR BOARD MEETING MINUTES - AUGUST 3, 2000 PAGE - 3 Director Mosbacher received clarification why USFS- owned property must be crossed to access the project site. The Operations Committee has reviewed this item and recommends approval. Moved Mosbacher/Second Gochnauer/Passed Unanimously to approve Change Order No. 1 to Thomas Haen Co., in the amount of $117,544.49. RAILROAD TANK AND FOREST MOUNTAIN TANK SITE WORK AND PUMP STATION PROJECT (Consent Item c.) ITEMS FOR BOARD ACTION Richard Solbrig reported three bids were opened at the August2, 2000bid opening. Staff reviewed all bids received and found them to be free of any discrepancies. Moved Wallace/Second Jones/Passed Unanimously to award contract to lowest responsive, responsible bidder, White Rock Construction, in the amount of $39O,667. Moved Wallace/Second Gochnauer/Passed Unanimously to approve payment in the amount of $927,653.93. Water & Wastewater Operations Committee: The committee met August 2. Minutes of the meeting are available upon request. Federal Legislative Ad Hoc Committee: Senator Feinstein will come to Lake Tahoe August 21-22 to promote the Lake Tahoe Restoration Act. Senator Boxer sent a letter to Carol Browner, EPA, requesting $1 million be allocated to assist South Lake Tahoe with MTBE cleanup efforts. Director Jones reported the District will sponsor a meeting with all of the California MTBE-impacted entities on August 25. Representatives from Sacramento and ACWA will be present to report on the latest legislative develop- ments. Vic Sher, from Miller, Sher & Sawyer; and a representative from ENS Resources (a Washington D.C. lobbyist firm) will also attend. GARDNER MOUNTAIN WELL: EQUIPMENT & CONTROL BUILDING PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS STl10947 REGULAR BOARD MEETING MINUTES - AUGUST 3, 2000 PAGE - 4 Director Mosbacher reported that the Northern Sierra Plan Amendment proposes to include that mitigation fees be paid to the USFS for transmission lines and under- ground pipelines that are in the scenic corridor. She, along with District staff, will continue to monitor this item to determine if this amendment will affect the District's export line. General Manager: Bob Baer reported on two items: 1) The District secured funding from the Sher Bill to assist with MTBE cleanup. The amount received was only half of what was expected. At this point, it is unknown how they arrived at their decision. President Strohm appointed an Ad Hoc Committee, consisting of Director Jones and himself, to assist staff in determining how the decision was reached and, if necessary, appeal it. 2) The USFS has applied for emergency water for the Valhalla area. Brown & Caldwell has been retained to recommend appropriate rates to charge for standby/ fire protection water. Assistant Manager/Engineer: Richard Solbrig reported on the export pipeline replacement project. He encouraged the Board to observe the directional drilling process. (3:00 p.m. - Director Wallace left the meeting at this point.) 3:00 P.M. 3:15 P.M. 4:17 P.M. BOARD MEMBER REPORTS (continued) GENERAL MANAGER / STAFF REPORTS MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION I 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 54956.9(a)/Conference with Legal Counsel - Existing Litigation: South Tahoe Redevelopment Agency vs. STPUD, El Dorado County Superior Court, Case No. SC20000090 STl10948 REGULAR BOARD MEETING MINUTES - AUGUST 3~ 2000 PAGE - 5 Legal counsel and staff updated the Board and received direction regarding one case. (The second case was discussed at the 1:00 p.m. Special Board meeting, held this same date.) Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: Pending Litigation (two cases) Legal counsel updated the Board regarding this item. No Board action. Pursuant to Government code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD (Claimant) vs. Sierra-Cai Lodge (Debtor), U.S. Bankruptcy Court, Sacramento Division, Case No. 96-25693-C-11 This item was discussed during the Special Board meeting, held this same date. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: Mountain Cascade Inc., and Valley Engineers, Inc. vs. STPUD Board of Directors and STPUD, County of El Dorado, Superior Court Case No. SC20000050 There was nothing new to report regarding this item. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: Schwake vs. STPUD, Federal Case CV-N-93-851-DWH This item was discussed during the Special Board meeting, held this same date. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. ARCO, et. al, San Francisco County Superior Court Case No. 999128 4:17 P.M. ADJOURNMENT Christopher H. 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