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HomeMy WebLinkAbout17 Conflict of interest Agenda Item # 17� dity District Public Utl ACTION To: Board of Directors From: Michael D. Holley Date: August 06, 2008 Subject: Setting a Public Hearing to Review the Conflict of Interest 1. WHY THIS MATTER IS BEFORE THE BOARD This matter involves conducting the mandated biennial review of the District's Conflict of Interest Code. Amending the Code requires Board action. 2. HISTORY The California Political Reform Act requires every multi-county agency to review and amend its conflict of interest code every two years if circumstances require. 3. NEW INFORMATION The law requires that any District positions which involve the making or participation in the making of decisions which may foreseeably have a material financial effect on any financial interest need to be designated positions within the Code. The review and revisions of the District Code Title 2, Administration include the Conflict of Interest Code. The Fair Political Practices Commission sets the process as follows: (1) Establish a written comment period of 45 days. (2) Prepare a draft amendment and a notice of intention to amend the existing Conflict of Interest Code. • File a copy of the notice to the Commission • Provide a copy to each employee affected by the draft code • Make the proposed amendment available to interested persons (3) Conduct a public hearing after the comment period. (4) Accept written comments through the conclusion of the public hearing. (5) Adopt the amended Conflict of Interest Code. 4. FISCAL IMPACT There is no fiscal impact in this matter. 5. RECOMMENDATION 1. Establish a 45 day comment period 2. Direct that the General Manager submit the Notice of Intention to amend the District's Conflict of Code to the Fair Political Practices Commission 3. Set a public hearing for September 17, 2008 to receive comments on the draft amendment to the District's Conflict of Interest Code Michael D. Holley General Manager Consent Item #6 Adoption of the CEQA Negative Declaration for Stockholm Pump Station August 6, 2008 Adoption of the CEQA Negative Declaration for Stockholm Pump Station BACKGROUND/HISTORY • Stockholm Pump station is located in Tahoe Donner • Wood frame structure with metal roof built in early 1970s Building and pumping equipment in need of significant upgrades Adoption of the CEQA Negative Declaration for Stockholm Pump Station BACKGROUND/HISTORY Contract for environmental consulting services awarded to Inland Ecosystems in March 2008. Contract included preparation of this CEQA Initial Study • Initial Study Approved on July 2, 2008 • Public hearing held on July 16, 2008 Adoption of the CEQA Negative Declaration for Stockholm Pump Station NEW INFORMATION • Initial Study approved on July 2, 2008 • Public hearing held on July 16, 2008 • 30 day public comment period closes on August 6, 2008 • No comments received by the District Adoption of the CEQA Negative Declaration for Stockholm Pump Station FISCAL IMPACT • No direct fiscal impact associated with approval of the Initial Study. Adoption of the CEQA Negative Declaration for Stockholm Pump Station RECOMMENDATION • Adopt the Final Negative Declaration Approve the project for purposes of CEQA • Authorize the filing of the Notice of Determination with the Office of the Nevada County Clerk and the Governor's {office of Planning and Research • Adopt the De Minimis Impact Finding and authorize the filing of the Certificate of Fee Exemption with the Nevada County Clerk • Adopt a finding that the draft documents as circulated and the negative declaration reflect the District's independent judgment Consent Item # 7 Declare Equipment and Materials Surplus August 6, 2008 Declare Equipment and Materials Surplus BACKGROUNDMISTORY • Equipment and material become outdated or replaced • The crews have been re-evaluating the material in stock • Electric material that is no longer being used with the current construction standards is being declared surplus Declare Equipment and Materials Surplus NEW INFORMATION Items declared surplus: • 6 Personal Computer Tablets • 3 Wireless Cards • 1 Material Compacter (Wacker) • 1 Single Phase Welder • 1 Mechanical Lift Gate (for pickup truck) • 4 Steel Containers • 1 Fiberglass working platform • Miscellaneous electric material (see list in packet) Declare Equipment and Materials Surplus RECOMMENDATION • Declare the equipment and material surplus • Direct the General Manager to dispose of the equipment and material in accordance with District Policy Action Item # 8 Adopt a Resolution Exempting Donner Lake Assessment District Common Areas August 6, 2008 Adopt a Resolution Exempting Donner Lake Assessment District Common Areas BACKGROUNDMISTORY • Donner Lake Assessment District can only assess parcels that benefit from the water system • Thirty-three parcels were deemed as "common area and will not use the water system • Common area parcels were not part of the total assessment dollars in the Engineer's Report • A resolution was adopted in March 2002 to provide a policy for the exemption of common area parcels Adopt a Resolution Exempting Donner Lake Assessment District Common Areas NEW INFORMATION • The resolution process was cumbersome and no actions were ever taken • Common area parcels are used by condominiums or groups of homes, or are actually Donner Lake beach front Eleven homeowners associations are involved Adopt a Resolution Exempting Donner Lake Assessment District Common Areas RECOMMENDATION • Adopt the resolution exempting the common area parcels from the Donner Lake Assessment District Action Item # 9 Proposal to Renew Virchow Krause's Contract as Auditors for 2008 - 2010 August 0, 2008 Proposal to Renew Virchow Krause's Contract as Auditors for 2008 - 2010 BACKCROUNDMISTORY • Retained 3 years ago through an RFP process • Board selected VK based on qualifications and technical merit VK was the lowest proposal of the three firms interviewed Recently completed the third audit of the proposal