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AP 12-05-02SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, December 5, 2002 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Robert G. Baer, General Manager Richard Solbd~l Ass stant Manager Duane Wallace, President BOARD MEMBERS James R. Jones, Vice President Cathie Becket, Director Mary Lou Mosbacher. Director Edc W. Schafer Director 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCF w COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five minute limit. No action will be taken.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) 5. CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION $. PRESENTATION a. 2001/02 Financial Statement Audit by Larry Mace, Partner, Grant Thornton, LLP 7. ITEMS FOR BOARD ACTION REQUESTED BOARDACTION Sludge Handling and Odor Control Facilities (Jim Hoggatt) Approve Increase to Carollo Engineers Task Order No. 56 for Review of Shop Drawings and Preparation of Request for Information, in the Amount of $122,500 REGULAR BOARD MEETING AGENDA ~ DECEMBER 5, 2002 PAGE - 2 = = 10. Administration Building (Richard Solbrig) Authorize Staff to Request Proposals for Architectural Services New Board Policy Section 3070: Audio and/or Video Tape Recordings of Board Meetings (Kathy Sharp) Approve Amendment to Add Policy Pertaining to Audio and/or Video Tape Recordings of Board Meetings Board Policy Section 3060: Minutes of Board Meeting (Kathy Sharp) Approve Amendment to Delete Reference to Board Meeting Audio and/or Video Tape Recordings (Policy 3070 incorporates lan- guage from Section 3060) Payment of Claims Approve Payment in the Amount of $1,369,078.02 BOARD MEMBER COMMITTEE REPORTS a. Executive Committee (Wallace / Jones) b. Finance Committee (Wallace / Schafer) c. Water & Wastewater Operations Committee (Jones / Becker) d. Planning Committee (Mosbacher / Schafer) BOARD MEMBER AD HOC COMMITTEE REPORTS a. Legislative Ad Hoc Committee (Wallace / Jones) EL DORADO COUNTY WATERAGENCY PURVEYOR REPRESENTATIVES REPORT 11. 12. 13. BOARD MEMBER REPORTS GENERAL MANAGER/STAFF REPORTS NOTICE OFPASTANDFUTURE MEETINGS/EVENTS Past Meetinqs / Events 11/25/02 - TRPA Allocations Meeting at Chamber of Commerce 12/02/02 - Operations Committee Meeting 12/03102 - Board Workshop Future Meetings / Events 12/06/02 -6:00 P.M. - District Christmas Party 12/12/02 - 2:00 P.M. - El Dorado County Water Agency Board Meeting at P'Ville Library 12/16/02 -4:00 P.M. - Operations Committee Meeting at District Office 12/17/02 - 9:00 A.M. - Alpine County Board of Supervisors Regular Meeting in Markleeville 12/17/02 - 1:30 P.M. - Lake Tahoe Transportation & Water Quality Coalition mtg. at League 12/17/02 - 6:00 P.M. - City of SLT Regular Council Meeting at City Council Chambers REGULAR BOARD MEETING AGENDA - DECEMBER 5, 2002 PAGE - 3 14. Future Meetinqs/ Events (continued) 12/18/02 - 8:00 A.M. - Employee Communications Committee Meeting at District Office (Director Mosbacher is Board representative) 12/19/02 - 2:00 P.M. - STPUD Regular Board Meeting at City Council Chambers 12/25/02 - Christmas Holiday (District office closed) CLOSED SESSION Pursuant to Government Code Section 54956.9(a) Conference with Legal Counsel- Existing Litigation: STPUD vs. John Breese Mumford, et al. El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: F. Heise Land & Live Stock Company vs. STPUD and Does 1 through 10, Inclusive; Alpine County Superior Court Case No. C18644 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: F. Heise Land & Live Stock Company vs. STPUD and Does 1 throu.qh 10, Inclusive; Alpine County Superior Court Case No. C18733 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existin.q Litigation: STPUD vs. F. Heise Land & Live Stock Company Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc. CIV S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA Pursuant to Government Code Section 54956.9(a)/Conference with Leqal Counsel- Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of Califomia Pursuant to Government Code Section 54956.9(a)/Conference with Leqal Counsel- Existing Litigation: STPUD vs. Lakeside Park Association, et al, County of El Dorado, Superior Court Case No. SC20010165 Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators: Agency Negotiators - Board of Directors, General Manager, Chief Financial Officer; Employee Organization - Represented and Unrepresented Employees Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators: Agency Negotiators - Robert Baer, Board of Directors; Unrepresented Employee Position - District General Counsel REGULAR BOARD MEETING AGENDA - DECEMBER 5, 2002 15. ACTION ! REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16, ADJOURNMENT (To the next regular meeting, December 19, 2002, 2:00 p.m.) PAGE - 4 The South Tahoe Public Utility District Board of Directom regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the District office dudng the hours of 8:00 a.m. - 5:00 p.m. Monday through Friday. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public headngs will not be called to order pdor to the time specified. Participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard; comments should be brief and directed to specifics of the item being considered. Comments on items not on the agenda can be heard dudng "Comments from the Audience;" however, action cannot be taken on items not included on agenda. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. South Tahoe Public Utility District · 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 · Phone 530.544.6474 · Facsimile 530.541.0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Jim Hoggatt, Construction Manaqer/Enqineer RE: BOARD MEETING December 5, 2002 AGENDAITEM: ACTION ITEM NO: 7.a CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: SLUDGE HANDLING AND ODOR CONTROL FACILITIES REQUESTED BOARD ACTION: Approve increase to Carollo Engineers Task Order No. 56 for review of shop drawings and preparation of Request for Information, in the amount of $122,500 DISCUSSION: Staff and Carollo underestimated the time and effort required for them to review both shop drawings and Request For Information (RFI) for the above proiect. As of the October billing, Carollo Engineers has expended all but $24 of their current contract. Staff agrees with thn Carollo estimate that the District have approximately seventy-five (75) more shop drawinqs and at least fifty (50) more RFI's to respond to before the proiect is completed. Staff recommends the Board approve the $122,500 increase to Carollo Task Order No. 56. SCHEDULE: Issue Task Order upon approval COSTS: $122,500 ACCOUNT NO: 1029-8234-8236, 8349, 2029-8130 BUDGETED AMOUNT REMAINING: <$2,830,9999> ATTACHMENTS: Carollo proposal, Budget Analysis CONCURRENCE WITH REQUESTED ACTION: E.ER^, MA.A ER: YES CHIEF FINANCIAL OFFICER: YESt~r~d_~NO CATEGORY: GENERAL WATER SEWER X November 26, 2002 6249A.00 South Tahoe Public Utilit,j District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Attention; Mr. Richard Solbrlg, P.E. Assistant Manager/Engineer Subject: Sludge Handling and Odor ConlrOl Facilities Project · Bid Results Summar7 The purpose of'this letter is to request an amendment to the Sludge Handling end Odor Control Facilities Pro~ec~ for: 1. Task 7 - Construction Assistance 2. Task 6 - Bidding Assistance. Task 7 - Construction Assistance Carello was originally somewhat optimistic about the time that it would take to review shop drawings. In addition, we have been disappointed in the quality of the submittals corning from the Contractor. This has increased our review t~me both to try to discern what the Contractor is providing and to prepare written descdpaons of the needed changes for the re-subrnittal of many of the shop drawings. Dislrict staff has spoken to the Ccntractor on this issue and It appears that lhe more recent submiffals have been better ~epared and documented than those originally received. We have expended considerably more after1 in prOvidlng shop drawing review and respondi~ to requests for information (RFI's) from the Contractor than originally anticipated. This has been discussed with District staff. Our original estimate for this task included time to review and comment on approximately 20 shop drawings and 30 RFI's (a total of 240 hours). As of November 14. 2002 Carollo has reviewed and responded to at least 40 shop drawings and 40 RFI'a (expending a total of 348 hours). District staff has worked to keep our time and the resultant cost time to a minimum by responding to at least 10 shop drawings and 10 RFI's without Carollo's input. Regardless of staffs effort, our fees through October 31, 2002 are approximately $5,000 over budget on this Task, Please note that we have biltea the Disl~ict only up to our contract IlrnJte. There have been two instances where additional engineering effort was requked to resolve design concerns. We have not tilcluded these hours in thie amendment. Additional submittals and RFI's will be forthcoming, We request that Task 7 - Construction Assistance be amended to include additional funds t'or the review ~ the upcoming submittals. We commonly estimate the time required to review a shop drawing as 8 houm. The time requlrecl to review an RFI Is assumed to be 4 hours. We have assumed that approximateiy 75 more shop drawings will be submitted for this pmjecL We have also assumed that there will be Mr. Richard Solbrig, P.E. South Tahoe Public Utility District November 26, 2002 Page 2 another ~0 RFI's. The adclitional effort to review the anticipated additional shop drawings and RFI's is described in Exhibit A and the costs are calculated in Exhibit B. Task 6 - Bidding Assistance Posting addenda tO the drawings following the bid was not part of our original scope of work. iTnha breakdown of our hours and costs f~r the additional work to post the addenda is described ' ExhibitA and calculated in Exhibit B. ~EU;h~e. nd_m~_e.~nm,t,o t?e.$iu~g?,,Hand?~ en~ Od~,r Contro~ Facilities p~S o"~ of Work ~ ~#~t ,%, CIL~,C~(~J ~a] [rlciI,IOi~S JUS! toe i~lae tJo~aJ taSKS that have been ~.~..~.~_.~tld are included in fffis amendment request. The amended engineer ng cost for the completion ~f the tasks contained n the Scope is $122,500. The development of this cost is detailed in the attached Labor Hour and Cost Estimate (Exhibit B). Enginee~ng fees will be based on the ~'ee schedule in effect when the work is c,~mpleted. The project team for the completion of this project will remain unchanged, Please review our Scope and Level of Effort and, if acceptable, submit them to the Beard of Directors for approval. Please contact us with any questions. Sincerely, ENGINEER$, P.C. Robert A, Gillette, Partner JLB:kgd Attached: Scope of Work EXHIBIT A SOUTH TAHOE PUSLIC UTILITY DISTRICT AMENDMENT #2 TO THE SLUDGE HANDLING AND ODOR CONTROL FACILITIES PROJECT Scope Of Work The following describes the additional work required to complete the Construction Assistance Phase (Task 7 of the original contract) for the Sludge Handling and Odor Control Facilities Project. Design service~, bidding, and the inilial services during construction have been c~mpleted and are not effected by this amendment request. Task "1. Preliminary Siting - completed as indicated under the original design contract. Task 2 - Site Visits - completed as indicated under the original design contract. Task 3 - Influsnt Box Analysis - completed as indicated under the originar design contract. Task 4 - Clarlfler Cover Analysis - completed as Indicated under the original design COntract. Task 5. Design - completed as indicated under the odgina! design contract and Amendment #1, Task 6 - Bidding Assistance - The posting of edclanda to the design drawings was completed under this task. This work was not part of Carollo's od[~inal Scope of Work. Please refer to the attached Labor Hour and Cost Estimate (Exhibit B) for a breakdown of the exfl-a costs to complete this work:. Task ?. Construction Assistance - This amendment will expend this task to cover the review of an additional 75 shop drawings and 50 RFI's. Please refer to the attached Labor Hour and Cost Estimate (Exhibit B) for a breakdown Of the e~ra costs to complete I~is work. PROJECT SCHEDULE - No Change H:lFInalt$ ti~O.~AO~g4~a00~ Exhibit A.doc 6249A00 SOLIDS HANDLING FACILITY AND ODOR CONTROL PROJECT Accounts: 1029-8234-8236, 8349, 2029-8130 BUDGET REMAINING ANALYSIS: Spent to date Outstanding Purchase Orders- 02/03 All Years 1,730,694 2,445,198 Alpine Metals 350 350 Amec Earth & Environmental 974 974 Carorlo Engineers 57,980 57,980 Pacific Mechanical Corp. 6,198,543 6,198,543 Tahoe Basin Container Service 3,762 3,762 GS Concepts 1,265 1,265 Jacobs & Tolhurst Architects 4,339 4,339 R & K Lawn & Garden 4,925 4,925 Sierra Highway Safety 670 670 Western Highway Products 810 810 Westfalia Separator Inc. 676,688 676,688 Total Encumbrance 6,950,306 6,950,306 Total Spent & Encumbered 8,680,999 9,395,503 Budget FY 2003 5,850,000 6,564,504 2003 Amount Exceeding Budget -2,830,999 -2,830,999 Note 1: The amount over budget reduces the Capital Outlay Reserve. TO: FR: RE: ACTION ITEM NO: ITEM-PROJECT NAME: REQUESTED BOARD ACTION: services SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Richard Solbrig, Assistant Manaqer/En§ineer BOARD MEETING December 5, 2002 7.b AGENDA ITEM: CONSENT CALENDAR ITEM NO: ADMINISTRATION BUILDING Authorize staff to request proposals for architectural DISCUSSION: Direct staff based upon information from December 3 workshop. SCHEDULE: Construction in 2004 COSTS: ACCOUNT NO: 2029-8130 $578,43O BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ,~ ~.-~/~^ NO CHIEF FINANCIAL OFFICER: YES'i~r~_¥c,,~-JO CATEGORY: GENERAL X WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Kathy Sharp, Clerk of the Board / Executive Secretary RE: BOARD MEETING December 5, 2002 AGENDA ITEM: ACTION ITEM NO: ? .~ CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: NEW BOARD POLICY SECTION 3070: AUDIO AND/OR VIDEO TAPF RECORDINGS OF BOARD MEETINGS REQUESTED BOARD ACTION: Approve amendment to add policy pertaining to audio and/or tape recordings of Board Meetings DISCUSSION: Board Policy Section 3060 contained lan~uac~e pertaining to audio and/or video tape recordings. Staff recommends creating a new policy (3070) that provides specific, guidelines for tape recordings. Language from Policy 3060 was reviewed and updated, and incorporated into the new Policy 3070. A memo detailing the proposed changes is included a~ an attachment. This item was carried over from the November 21 Board meet n.q SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Memo, Proposed Policy 3070 with underline / strikeouts showing chanties CONCURRENCE WITH REQUESTED AC,TION: GENERAL MANAGER: YES ~'~/~~~ NO CHIEF FINANCIAL OFFICER: YES/~F~.~.~,. NO CATEGORY: GENERAL X WATER SEWER South Tahoe Public Utility District Memorandum Robert G, Beer, General Manager Board Members Cathie Becker James R. Jones Mary Lou Mosbacher Duane Wallace Edc Schafer Date: To: From: Subject: Tuesday, November 12, 2002 Board Members Kathy Sharp Consent Item No. c. - Policy re: Audio and/or Tape Recording Board Meetings Consent Item c. is a new proposed Board Policy 3070. Below is a narrative of the changes. In 1994, I wrote a policy regarding retention and duplication of tape recordings of regular, special and adjourned Board meetings. When I put together the Board Policy Manual, I merged that policy into the Board's Policy under Section 3060 - Minutes of Board Meeting. I recommend creating a new policy (3070) that provides specific guidelines for audio and/or tape recordings instead of mixing it in the Minutes section as it is now. This will also make it easier to hand it out to the public when a taping request is made. The attachment shows the language from our existing section 3060 that pertains to tape recordings. There are some proposed changes, which are shown by underline / strikeout. The changes point out that: 1) The public has a right to public records. If tape recording is done for any reason, the tape constitutes a public record and is subject to the California Public Records Act. 2) Tape recording of meetings by the District is optional and is not required by law. 3) The public has the right to video and/or audio tape the meeting if they wish (unless they persistently disrupt the proceedings). 4) Tapes of closed sessions can be made if approved by a majority of the Board, but are not considered to be public records. 5) Retaining Tapes 30 Days or Two Years - By law, Board meetings are not required to be tape recorded. If they are, by law, tapes may be erased or destroyed 30 days after the taping (or longer until the minutes are adopted). Our policy currently states we retain the tapes for two years. We can leave it that way, but I wanted to pass on some of what rye been hearing at Special District Conferences for you to consider while the policy is being amended: Retaining the tapes for only 30 days may be a good idea since holding onto the tapes longer can sometimes present more liability than protection, and blow-by-blow conversations Page 2 tape recorded of the Board's debate may muddy the waters and may weaken the Board's legal position in defending actions approved by a majority of the Board. (Tapes can be helpful or harmful to the District in the case of future litigation arising out of a matter discussed at the Board meeting.) I have been holding tapes for two years. Usually if the public (mostly lawyers) wants a copy of meeting tapes, the request is immediate (within 30 days). Rarely, if ever, have older tapes been requested. I did a list serve poll regarding taping and found many District's don't tape record their meetings at all, and if they do, some only keep them the time required by law, and some keep them much longer. If a switch is made to 30 days, and an important topic is covered and we want to retain the recording of that topic, we could include that portion of tape in the project file. So, two years versus 30 days is entirely up to you. Since the policy is being amended, I just wanted you to consider all this in case you want to make a change. South Tahoe Public Utility District .1275 Meedow Crest Drive, South Lake Tahoe, CA 96150 · Phone 530.544.6474 -Facsimile 530.541.0614 South Tahoe Public Utility District Board Policy Manual Audio andl.o.r Video Tape Recordings of 3070 Board Meetings 3070.10 3070.20 3070.30 An audio and/or video tape recording of any open and public meeting of the Board of Directors ' '- o~oo,,,,,o, ;nclu,li,,§,,,,,o~,,-'---" .... =--- may be made at for the purpose of providing detailed information for the preparation of the official minutes of the meetings. Such tape recordinqs shall be kept by the Clerk of the Board. 3CCC.21 3070.11 Any member of the public is allowed to record the proceedings with an audio and/or video tape recorder at an open and public meeting provided that the recording does not constitute a persistent disruption of the proceedings. Upon request by a Board Member or District staff, audio and/or video tape recordings of a Closed Session of a Board meeting may be made upon approval by a majority of the Board. Recordings made dudn.q Closed Sessions are deemed not to be public records. Any tape or film record of an open and public meet n~ made for whatever purpose by or at the dire~ion of the Distri~ shall be subie~ to inspe~ion pursuant to the California Public Re~rds A~, and may be erased or destroyed thi~y (30) days after the tapin~ or recording, b~ not before the official meet ng minutes have been adopted by the Board. Upon request bfa Board Member or Distri~ staff, specific recordings may be held for a longer period of time upon approval by a maiority of the Board.(Note - this last sentence was added ~ulting from discu~ion at the November 2f Boa~ meeting. Policy No. 3070 Ado~ion Date: Audio and/or Video Tape Recordings of 3070 Board Meetings (continued) 3070.40 Members of the public can make an appointment with the Clerk of the Board to listen to or view tapes, during regular business hours (8:00 A.M. - 5:00 P.M.), Monday through Friday, relative to staff time and District priorities. A tape player and a location to listen to or view tapes will be made available by the District without charge to the person(s) requesting access to the tapes. 3070.50 Members of the public may request copies of available meeting tapes. the-re~ The fee for reproduction shall be paid in advance, based on an estimate of the hourly wage of the person reproducing the tapes plus a charge for the actual cost of each tape. Posta.qe fees incurred in mailinq such copies shall also be charqed to the requestor. :Fhe G~n~r~.~ Msn~g~r r~$~r~ th~ r~ght tc, v,'r~iw f~$. Policy No. 3070 Adoption Date: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: FR: RE: BOARD MEETING ACTION ITEM NO: BOARD OF DIRECTORS Kathy Sharp, Clerk of the Board / Executive Secretary December 5, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: BOARD POLICY SECTION 3060: MINUTES OF BOARD MEETING REQUESTED BOARD ACTION: Approve amendment to delete reference to Board Meeting audio and/or video tape recordings (A new Policy 3070 will be proposed, which incorporates language from Section 3060) DISCUSSION: A policy pertaining to the retention and duplication of tape recordings of regular, special, and adjourned board meetings will be proposed as an addition to the Board Policy Manual (Policy 3070). Language from Policy 3060 will be incorporated into the new policy. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Policy 3060 with strikeouts showing proposed changes. CONCURRENCE WITH REQUESTED ACTION: CHIEF FINANCIAL OFFICER: YES~:-~r.=~.c...~IO. CATEGORY: GENERAL X WATER SEWER South Tahoe Public Utility District Board Policy Manual Minutes of Board Meeting 30601 3060.10 The Clerk of the Board (or designee) shall attend and keep minutes of all Regular, Special, Adjourned, and Emergency meetings of the Board. 3060.11 Copies of said minutes shall be made for approval by Directors in a future agenda. by fha Diatrla w:tho~,1 charga to," -' ' Policy # 3060 Ado~on Date: 05/21/98 I Minutes of Board Meetin9 (continued) I 30601 3060.30 Motions, resolutions or ordinances shall be recorded as having passed or failed, and individual votes will be recorded unless the action was unanimous. If there is no Board action on any item, the minutes shall state: No Board Action. 3060.31 All resolutions and ordinances adopted by the Board shall be numbered consecutively. 3060.40 Minutes of Board meetings shall follow the individual agenda sequence for each Board meeting and may include, (depending on the type of Board meeting but not limited to the following): 3060.4t Time, date, place, and type of each meeting; 3060.42 Directors present and absent by name, staff members present by name, and visitors present by name, providing their names are known either from recognition by the Clerk of the Board or by signing the visitor sign-in sheet; 3060.43 Arrival time of tardy Directors by name and pre-adjournment departure time of Directors by name; notation of Director's name and the time, if absence takes place when any agenda items are acted upon; 3060.44 Description of Consent Calendar Items and the Board vote; Policy # 3060 Adoption Date: 05/21/98 I Minutes of Board Meetin9 (continued) ] 30601 3060.46 3060.46 3060.47 3060.48 3060.49 Description of Board Action Items and the Board vote. A notation if any Board member must disqualify themselves from participation in any item due to a conflict of interest. Brief summary of Board Member and Staff Report Items; Items to be considered during Closed Sessions and the appropriate Government Code reference; Record of Board vote (if any) on items considered during Closed Session; Time of Adjournment. Policy # 306u Adoption Date: 05/21/98 PAYMENT OF CLAIMS FOR APPROVAL December 5, 2002 ~£tion Item 7.e Payroll 11/27/02 Total Payroll 279,872.92 279,872.92 Cost Containment - health care payments IGI Resources - natural gas LaSalle Bank -loan payment Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self-funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable 15,660.44 156,572.80 172,233.24 751,895.83 116,457.47 13,714.13 34,904.43 916,971.86 1,369,078.02 Grand To~l Payroll EFTs & Checks 11/27/02 EFT EFT EFT EFT EFT EFT EFT CHK EFT EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal-Employment Taxes & W/H Hartford Deferred Comp ManuLife Pension ManuLife Pension Loan Payments Orchard Trust Deferred Comp Stationary Engineers Union Dues United Way Contributions Employee Direct Deposits Employee Paychecks Adjustments Sub-total 3,153.07 10,105.92 65,096.64 1,484.99 22,835.82 6,332.96 10,842.28 1,430.78 77.18 132,978.30 25,534.98 0.00 279,872.92 0 0 0 0 0 0 0 0 CD 0 0 0 0 CD 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 ~ 000000000 ~ O0 O0 O0 000 0 ~ ooooooooo ~ oo oo oo ~o o O0 0 0 0 O0 0 O 0 0 (iD 0 C) 0 (iD 0 0 0 CD 0 0 0 0 O rD O0 00o ~ OO ~8~ o~0~ mm oo oooo oo oo ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 O0 0 0 0 0 0 8 O0 O0 O0 0000 ~ o ~ oo ~ ~ o ~ o oo ~ oo OD 0 0 O0 0 O O O O OD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 000 O0 0 °oo SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Robert Baer, General Manager RE: BOARD MEETING December 5, 2002 AGENDA ITEM: 14 .a ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: STPUD VS. JOHN BREESE MUMFORD, ET AL., EL DORADO COUNTY SUPERIOR COURT CASE NO. SC20020030 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel reqardinq existinq litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES ~J~.~ NO GENERAL CHIEF FINANCIAL OFFICER: YESYY'~'~o~e-¢--..-.--~IO WATER SEWER X TO: FR: RE: ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robed Beer, General Manaqer BOARD MEETING December 5, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: 14.b ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: F. HEISE LAND& LIVESTOCK VS. STPUDAND DOES 1 THROUGH 10; INCLUSIVE;ALPINF COUNTY SUPERIOR COURT CASE NO. C18644 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with leqal counsel regardinq existing litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ,~,~F,., ,~,. NO CHIEF FINANCIAL OFFICER: YES~'Y~-¥~-,-,Jg,~,,.,NO CATEGORY: GENERAL WATER SEWER X TO: FR: RE: BOARD MEETING ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer, General Manager ITEM-PROJECT NAME: December 5, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: 14.C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: F. HEISE LAND& LIVESTOCK VS. STPUDAND DOES 1 THROUGH 10; INCLUSIVE;ALPINF COUNTY SUPERIOR COURT CASE NO. C18733 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO. .j- CHIEF FINANCIAL OFFICER: YESCc',~,~-...J~.~--NO CATEGORY: GENERAL WATER SEWER X TO: FR: RE: ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer/General Manager, Garv Kvistad/District General Counsel BOARD MEETING December 5, 2002 AGENDA ITEM: 14.d CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. F. HEISE LAND & LIVESTOCK COMPANY, INC., WILLIAM WEAVER, EDDIE R. SYNDER, CROCKETT ENTERPRISES, INC. CIV S-02-0238 MLS JFM UNITED STATE,C; DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO, CA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATFACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES~ NO CHIEF FINANCIAL OFFICER: YES~~ CATEGORY: GENERAL WATER SEWER X SOUTH TAHOE PUBLIC UTILITY DISTRICT ADDENDUM TO BOARD AGENDA TO: BOARD OF DIRECTORS FR: Robert Baer, General Manaqer RE: BOARD MEETING December 5, 2002 AGENDA ITEM: ~_4.e ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION RE: MEYERS LANDFILL SITE: UNITED STATES OF AMERICA VS. EL DORADO COUNTY AND CITY OF SOUTH LAKE TAHOE AND THIRD PARTY DEFENDANTS, CIVIL ACTION NO. S-01- 1520 LKK GGH, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may b~, held for conference with leqal counsel reqarding existing litiqation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES,~./~.~,,_,. NO CHIEF FINANCIAL OFFICER: YES~/"~L~,~ CATEGORY: GENERAL X WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Robert Baer, General Manager RE: BOARD MEETING December 5, 2002 AGENDA ITEM: 14.f ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: STPUD VS. LAKESIDE PARK ASSOCIATION, ET AL., COUNTY OF EL DORADO, SUPERIOR COURT CASE NO. SC20010165 REQUESTED BOARD ACTION: Direct staff DISCUSSION: Pursuant to Government Code Section 54956.9(a), Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: E.E.AL MA.ACE.: CHIEF FINANCIAL OFFICER: YES~O CATEGORY: GENERAL WATER X SEWER TO: FR: RE: ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Robert Baer / General Manaqer, Rhonda McFarlane / Chief Financial Officer BOARD MEETING December 5, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct neqotiators DISCUSSION: Pursuant to Section 54957.6 (a) of the California Government Code, closed session may be held regarding labor negotiations. Agency Negotiators: Board of Directors, General Manager, Chief Financial Officer Employee Organization: Represented and Unrepresented Employees SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES ,~/~,~-//.~,~, NO GENERAL X CHIEF FINANCIAL OFFICER: YE,SY',~,~..,.,,,,.~O WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Gary Kvistad, General Counsel RE: BOARD MEETING December 5, 2002 AGENDA ITEM: 14.h ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct neqotiators DISCUSSION: Pursuant to Government Code Section 54957.6 (a), of the California Code, closed session may be held reqardinq labor neqotiations. Agency Negotiators: General Manager, Board of Directors Unrepresented Employee Position: District General Counsel SCHEDULE: COSTS: BUDGETED AMOUNT REMAINING: ATTACHMENTS: ACCOUNT NO: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES ,~/~x~/~, ~).~,.NO GENERAL X CHIEF FINANCIAL OFFICER: YES[Y~'~c-~-~.~O WATER SEWER CONSENT CALENDAR DECEMBER 5, 2002 ITEMS I I] i II I] I'1 2002 Construction Season Materials Testing and Inspection (Jim Hoggatt) Alpine County Annual Impact/Mitigation/ Compensation Fee (Debbie Henderson) Surplus Vehicles (Linda Brown) Regular Board Meeting Minutes: November 7, 2002 (Kathy Sharp) REQUESTED ACTION Approve Increase to Task Order No. 40 for AMEC Earth and Environmental, Inc., to Provide Inspection and Materials Testing, in the Amount of $20,000 Authorize Payment of District's Annual Mitigation Fee to Alpine County in the Amount of $109,500 Authorize Nationwide Auction Systems to Sell District Surplus Vehicles Adopt Minutes South Tahoe Public Utility District · 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150 · Phone 530.544.6474 · Facsimile 530.541-0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Jim Hock§att, Construction Manac~ler/Enqineer RE: BOARD MEETING December 5,2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: 2002 CONSTRUCTION SEASON MATERIALS TESTING AND INSPECTION REQUESTED BOARD ACTION: Approve increase to Task Order No. 40 for AMEC Earth and Environmental, Inc., to provide inspection and materials testinq, in the amount of $20,000 DISCUSSION: Staff is requesting an additional extension for AMEC Earth and Environmental, Inc., to provide testinq and inspection services throu(:jh December 20, 2002. The Board previously approved an extension for these services through November 15, 2002, at the November 7, 2002 Reqular Board Meetinq. Staff is requestin~j the Board approve this extension due to the unusually warm weather and construction of the Sludge Handlin(~ and Odor Control Facilities. SCHEDULE: As soon as possible COSTS: $20,000 ACCOUNT NO: 1029-8234-8236, 8349, 2029-8130 BUDGETED AMOUNT REMAINING: <$2,830,999> ATrACHMENTS: AMEC Proposal, Bud~jet Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: Y E S~/.,~N O. CHIEF FINANCIAL OFFICER: YESi'Y~=~_._ NO CATEGORY: GENERAL WATER SEWER X '27/2002 11:17 FA~ 775 331 4153 November 27, 2002 AMEC Project No. 2-419-000526 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150-7401 Attention: Mr. Jim Hoggatt amece Re: MATERIAL TESTING BUDGET Sludge Handling and Odor Control Facility South Lake Tahoe, California Dear Mr. Hoggatt: This letter presents AMEC Eadh & Environmental, Inc.'s (AMEC's), budget proposal to provide continued matedal testing services to suppod'construction of the Sludge Handing and Odor Control Facility. This proposal would extend services to include the period November 29 through December 20, 2002. AMEC would continue to provide senior field technician Mr..Mike Magee, engineering support on an as needed basis, and field and laboratory testing services necessary to complete material testing assignments as directed by South Tahoe Public Utility District (STPUD) personnel. The estimated budget for this project extension is based upon the Schedule of Fees incorporated into the current contract and the following parameters: · Senior technician working an average 50 hoursflveek from November 29 through December 20, 2002. · Mileage to remain at approximately 1,250 miles/week. · Concrete compression testing for 10 cylinder sets. · Engineering and clerical support on as needed basis to support field and laboratory services as directed by STPUD personnel. Total Budget Increase $20,000.00 We trust that this provides the information required at this time. Please feel free to contact the undersigned at (775) 331-2375 with any questions that may arise. Respectfully submitted, AMEC Earth & Environmental, Inc. Darlene Barlow, P.E. Materials Department Manager DB/mm AME'~ Earth & Environmental, Inc. 780 Vista Boulevard, Suite 100 Sparks, N~vada USA 894344656 Tel + 1 ~75) 331-2375 Fax ~. 1 (775) 331-4153 wwv.amec, corn SOLIDS HANDLING FACILITY AND ODOR CONTROL PROJECT Accounts: 1029-8234-8236,8349,2029-8130 BUDGET REMAINING ANALYSIS: 02/03 All Years Spent to date 11730,694 2,445,198 Outstanding Purchase Orders- Alpine Metals 350 350 Amec Earth & Environmental 974 974 Carollo Engineers 57,980 57,980 Pacific Mechanical Corp. 6,198,543 6,198,543 Tahoe Basin Container Service 3,762 3,762 GS Concepts 1,265 1,265 Jacobs & Tolhurst Architects 4,339 4,339 R & K Lawn & Garden 4,925 4,925 Sierra Highway Safety 670 670 Western Highway Products 810 810 Westfalia Separator Inc. 676,688 676,688 Total Encumbrance 6,950,306 6,950,306 Total Spent & Encumbered 8,680,999 9,395,503 Budget FY 2003 5,850,000 6,564,504 2003 Amount Exceeding Budget -2,830,999 -2,830,999 Note 1: The amount over budget reduces the Capital Outlay Reserve. TO: FR: RE: BOARD MEETING ACTION ITEM NO: SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM BOARD OF DIRECTORS Debbie Henderson, Accounting Manaqer December 5, 2002 AGENDA ITEM: CONSENT CALENDAR ITEM NO: b. ITEM-PROJECT NAME: ALPINE COUNTY ANNUAL IMPACT/MITIGATION/COMPENSATIOH FEE REQUESTED BOARD ACTION: Authorize payment of District's annual mitigation fee to Alpino County in the amount of $109,500 DISCUSSION: The second amendment to the agreement between the District and the County of Alpine, dated June 2, 1983, provides for an annual payment to compensate for and mitigah'~ the impacts of the Harvey Place Dam Proiect. The current year obligation is $109,500. Thi:'~ represents the $108,600 paid in fiscal year 2001/2002 increased by the percentaqe increase the District's sewer system connections from 10/1/01 to 9/30/02. SCHEDULE: Amount due is indicated on this meeting's payment of claims COSTS: $109,500 ACCOUNT NO: 1028-6650 BUDGETED AMOUNT REMAINING: $110,704 ATrACHMENTS: Alpine County Mitigation Fee Report CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: y E S ~..~?~t,~ ~,~c~ N O CHIEF FINANCIAL OFFICER: CATEGORY: GENERAL WATER SEWER X wi®, ooooooooooooo O000000000000 o~ 0 0 ~ ~ o~ SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Linda Brown, Purchasing Agent RE: BOARD MEETING December 5, 2002 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: c. ITEM-PROJECT NAME: SURPLUS VEHICLES REQUESTED BOARD ACTION: Authorize Nationwide Auction Systems to sell District surplus vehicles DISCUSSION: The following vehicles are surplus: Truck 14 - 1988 Ford F350 flatbed, 4x4, VIN 6709, mileage 67,185 Truck 63 - 1992 Ford F250 utility truck, 4x4, YIN 8502, mileage 66,975 Nationwide Auction Systems (Nationwide) has been responsive1 quick, and received good returns int heir previous sales with the District. Nationwide will completed required smog testing, and perform minor repairs with District approval. Vehicles which cannot pass smog certification with substantial repairs will be sold to "dealers only". Staff believes that selling through Nationwide, a professional auctioneer, remains the best option for the District's sale of surplus vehicles. SCHEDULE: As soon as possible COSTS: Income less expenses and 7% commission BUDGETED AMOUNT REMAINING: N/A ATrACHMENTS: None ACCOUNT NO: Various CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YESI~V.~F~ NO CATEGORY: GENERAL X WATER SEWER Consent Item d. SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robed G. Baer, General Manager Richard Solbdg, Assistant Manager I I Duane Wallace, President BOARD MEMBER James R. Jones, Vice President Cathie Becker Director Mary Lou Mosbacher Director Edc W. Schafer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT NOVEMBER 7, 2002 .MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, November 7, 2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Jones, and Schafer. Director Mosbacher arrived at 2:05 P.M. Director Becker was absent. ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Hoggatt, Schroeder, Cocking, Bergsohn, Thiel, Schafer, Bird, Rondoni, Coyner, D. Johnson, Torney, DeVee, Roderick, Norton, Prieto, Hammond, Attorney Kvistad GUESTS: DeAnne Hooper, Jay Kniep, John Brissenden, Robert Silva Moved Schafer / Second Jones / Mosbacher and Becker Absent / Passed to approve the Consent Calendar as submitted: CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - NOVEMBER 7~ 2002 PAGE - 2 a. Local Groundwater Assistance Grant Application for the Development of Groundwater Resources in the Presence of Contaminant Plumes, South Lake Tahoe, California - Adopted Resolution No. 2748-02 authorizing the General Manager to enter into a grant agreement with the California Depadment of Water Resources in the estimated amount of $210,802; b. Luther Pass Pump Station Tank Rehabilitation - Approved Change Order No. 1 to Larry Bashor Sand- blasting & Protective Coating in the amount of $13,417.80; c. 2002 Materials Testing and Inspection Services - Approved amendment to Task Order No. 40 for AMEC Earth and Environmental, Inc., in the amount of $40,000; d. Rejected liability claim received from Al Lenzi in the amount of $2,700; e. Adopted Regular Board Meeting Minutes: October 3, 2002; f. Adopted Regular Board Meeting Minutes: October 17, 2002. [2:05 P.M. - Director Mosbacher arrived at this point in the meeting.] CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION Robert Silva appeared before the Board to seek relief from the District's Administrative Code Sections 4.7.2 and 4.7.5, and Government Code 821.4, related to sewer later pressure checks. He requested reimburse- ment for costs incurred in the amount of $3,648.98. District staff inspected the sewer lateral from Mr. Silva's property line to the public main and found some defects which may have been caused by a faulty installation in 1966. The District authorized Pederson Underground to replace the lateral in the public-right-of-way and the District paid for those costs. The property owner is respon- sible for maintaining the section of sewer lateral that is located on their private property. REQUEST TO APPEAR BEFORE THE BOARD: Robert Silva, 905 San Jose Avenue, APN 26-047-23-003-01 REGULAR BOARD MEETING MINUTES - NOVEMBER 7, 2002 PAGE - 3 Mr. Silva stated as a result of this faulty installation from the cleanout, he has incurred damages for work com- pleted on the property which he does not feel responsible for. He stated the pressure check program poses an undue financial burden on homeowners and he urged the District to reconsider how the program is administered. He also suggested that customers be given advance notification of this program. Moved Jones / Second Schafer / Becket Absent / Passed to reject the liability claim in the amount of $3,648.98. On September 5, 2002, the Board agreed to waive Administrative Code Section 4.3.2 to allow for the connection of two properties owned by DeAnne Hooper and Steve Castle, respectively, to one sewer lateral subject to Hooper and Castle executing an agreement with the District. Due to miscommunication with District staff, it was originally passed by the Board that two sewer connections be allowed to discharge into one common sewer lateral. Staff requested the previous Board action be amended to allow for a total of four sewer connections into one common lateral (two connections for each, Hooper and Castle). Using parcel maps, Lisa Coyner showed that Hooper presently has two houses on her property that are on holding tanks, and Castle has one house with plans to build a second house on his property. DeAnne Hooper and Jay Kniep were present to answer questions from Board members. Moved Schafer / Second Wallace / Becker Absent / Passed to approve two sewer connections each for Hooper and Castle (a total of four connections) to one common sewer lateral, subject to the execution of an agreement between the District, Hooper, and Castle; which is to be reviewed by District legal counsel. The District is eligible to purchase natural gas at whole- sale prices as a "transportation customer" until the sludge incinerator is placed into standby status in approximately six months. Once the incinerator is shut down, the District's natural gas purchases will be too small to qualify as a transportation customer, and gas will be purchased through Arista Utilities at tariff rates. The District has been purchasing through IGI Resources, Inc., for the last four years. Extending REQUEST TO APPEAR BEFORE THE BOARD: Robert Silva, 905 San Jose Avenue, APN 26-047-23-003-01 (continued) SEWER SERVICE FOR DEANNE HOOPER AND STEVE CASTLE NATURAL GAS PURCHASE AGREEMENT REGULAR BOARD MEETING MINUTES - NOVEMBER 7, 2002 PAGE - 4 the contract for six more months is expected to reduce cost over Avista's tariff rates. Staff has been unable to locate any other gas broker willing or able to deliver to Tahoe. NATURAL GAS PURCHASE AGREEMENT (continued) Moved Mosbacher / Second Schafer / Becker Absent / Passed to: (1) Authorize exception to the bidding pro- cedures as outlined in the Purchasing Policy for Special Circumstances/Sole Source Purchases; and (2) Approved entering into Natural Gas Purchase and Sales Based Contract, with IGI Resources, Inc., in an estimated amount of $70,000. The District and County of Alpine, and the Alpine County Water Agency, entered into an agreement in 1967 with respect to the District's transportation, storage, distri- bution and application of treated effluent in Alpine County. The agreement was amended five times between 1969 and 1989. The agreements and amendments were difficult to track the rights and responsibilities of the parties. Further, many of the provisions in the agreement had either been completed and/or were no longer applicable. CONSOLIDATION OF AGREEMENTS BETWEEN STPUD AND ALPINE COUNTY As a result, the agreement and amendments were reviewed by each party and a new agreement was developed (consolidated agreement) which consolidates the remaining relevant provisions, and includes new exhibits which are based on the original exhibits that have been modified to reflect the consolidated agreement. The consolidated agreement does not change any of the parties rights and responsibilities, but simply makes the agreement and amendments easier to understand. Hal Bird reported the Alpine County Board of Supervisors approved this item at their November 5 meeting. Moved Mosbacher I Second Jones / Becker Absent / Passed to approve consolidation of the Alpine County contract agreement and five amendments, and authorized the Board President to execute same. Mr. Hubert Bruns, Alpine County resident, sent a letter to the District's Board of Directors expressing his concerns over potential discharge of untreated sewage into the District export pipeline by a resident in Hope Valley. A draft response letter was presented for the Board to consider. ALPINE COUNTY CONTRACT REGULAR BOARD MEETING MINUTES - NOVEMBER 7, 2002 PAGE - $ Moved Mosbacher / Second Schafer / Becker Absent / Passed to authorize Board President to execute response letter to Mr. Bruns as presented. John Brissenden, Sorenson's Resort, reported while Mr. Brun's letter did not name the Hope Valley resident, by innuendo, it most likely refers to him. He stated that the response letter will still allow him the opportunity to work with District staff to take advantage of the contract, which allows for 100,000 gallons to be discharged into the export system. He reminded the Board of his request approxi- mately seven years ago to achieve a 10,000 gallon allowance, which was approved by the County and the District. He subsequently found out the expense for the project was far too much. He now hopes to have positive discussions with the County, Lahontan, and the District, to develop an achievable approach. Moved Schafer / Second Jones / Becker Absent / Passed to approve payment in the amount of $1,341,974.65. Finance Committee: The committee met October 28 and November 7. Director Schafer reported the committee discussed CalPERS at the October 28 meeting. The meeting on November 7 included discussion regarding: renewal of several insurance plans, the District's invest- merit portfolio, pension plan audit draft, and the 2004 budget schedule. President Wallace stated the employees are researching the possibility of switching the District's pension plan to the PERS program. He summarized the research that has been done to date, and reported the employees would like to proceed in developing a specific recommendation to bring to the Board. Operations Committee: The committee met November 4~ Minutes of the meeting are available upon request. President Wallace reported on the upcoming trip he and Dennis Cocking will make to Washington D.C. They will attend several meetings with legislators. While there, they hope to resolve some of the problems with the Forest Service related to the B-line Phase 3 export pipeline replacement project. ALPINE COUNTY CONTRACT (continued) PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORT REGULAR BOARD MEETING MINUTES - NOVEMBER 7~ 2002 PAGE - 6 President Wallace did not attend the last meeting. The ex-manager of the Water Agency is training the new general manager; not much will be happening until the new manager is brought up to speed. Director Mosbacher reported on four items: 1 ) She attended a public meeting regarding the proposed Wilderness Bill and heard the Freel Peak study area (which includes the whole basin) is no longer included in the bill, but no one has proof of that. She asked President Wallace to make inquiries during his trip to Washington, D.C. Dennis Cocking stated that ACWA has been following the bill and they concluded that the Freel Peak area was excluded from the bill, but Meiss Meadows is still included. President Wallace stated that Senator Dianne Feinstein is objecting to the bill because it prohibits mechanical thinning of the forests. 2) She attended Alpine County Board of Supervisor~s meet- ing on November 5 where they approved the consolidation of agreements between the District and Alpine County. 3) She attended the Meyers Roundtable. The CHP still plans to build a new building. They will put their fuel tanks above ground. Groundbreaking is scheduled for May, 2003. 4) She learned from a conversation with Virginia Huber, El Dorado County Environmental Management, that Tveten's station will probably never sell gas again. The person who bought it is not interested in cleaning up the site. Except for cleanup efforts by Lahontan, not much else is likely to be done there. Director Jones reported he, along with Rhonda McFarlane and Dennis Cocking, will attend the ACWA conference. Robert Baer reported on four items: 1 ) He will be a speaker at the American Groundwater Trust & California Bar Association Natural Resources "legal issues program." He will discuss the District's experience with MTBE. 2) The District Christmas party will be held December 6. 3) Bob Flynn, board director from Georgetown Divide CSD, was defeated in this election. 4) This morning, high winds knocked a tree down onto power lines, which caused a spark that set fire to the brush EL DORADO COUNTYWATER AGENCY PURVEYOR REPRESENTATIVES REPORT GENERAL MANAGER REPORT REGULAR BOARD MEETING MINUTES - NOVEMBER 7~ 2002 PAGE - 7 on District property around the emergency holding pond. The fire caused a significant amount of damage. He circulated pictures of the damage. The fire melted the plastic liner that covers the pond, including parts of the liner that were buried in the ground. The District will contact a repair company that specializes in that type of liner to ascertain the extent of damage and repair costs. Baer reported a tree at Glenwood Well also fell, which destroyed the fence and power line, and fell onto the neighboring property. 3:55 - 4:00 P.M. 5:25 P.M. 5:25 P.M. GENERAL MANAGER REPORT (continued) MEETING BREAK ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.95/Liability Claim Received from Al Lenzini No reportable Board action. Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18644 No reportable Board action. Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA REGULAR BOARD MEETING MINUTES - NOVEMBER 7, 2002 PAGE - 8 No reportable Board action. No reportable Board action. No reportable Board action. No reportable Board action. 5:25 P.M. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of Califomia Pursuant to Govemment Code Section 54957.6(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Association, et al., County of El Dorado, Superior Court Case No. SC20010165 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. John Breese Mumford, et al., El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.6(a)/Conference with Labor Negotiators: Agency Negotiatom - Board of Directors; Employee Organization - Represented and Unrepresented Employees ADJOURNMENT ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District Duane Wallace, Board President South Tahoe Public Utility District REGULAR BOARD MEETING MINUTES - NOVEMBER 7, 2002 PAGE - 8 No reportable Board action. No reportable Board action. No reportable Board action. No reportable Board action. 5:25 P.M. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States Distdct Court for the Eastern Distdct of California Pursuant to Government Code Section 54957.6(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Association, et al., County of El Dorado, Superior Court Case No. SC20010165 Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. John Breese Mumford, et al., El Dorado County Superior Court Case No. SC20020030 Pursuant to Government Code Section 54956.6(a)/Conference with Labor Negotiators: Agency Negotiators - Board of Directors; Employee Organization - Represented and Unrepresented Employees ADJOURNMENT ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District Duane Wallace, Board President South Tahoe Public Utility District