08-03-06
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Richard Sol brig , General Manager
Eric W. Schafer, President
BOARD MEMBERS
Paul Sciuto, Assistant Mana?er
Duane Wallace, Vice President
James R. Jones, Director
Mary Lou Mosbacher, Director
Tom Comte, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUGUST 3, 2006
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session,
August 3,2006,2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA
BOARD OF DIRECTORS:
President Schafer, Directors Jones, Wallace, Comte,
Mosbacher
ROLL CALL
STAFF:
Solbrig, Sciuto, Sharp, McFarlane, Cocking, Coyner,
C. Stanley, Hoggatt, Bird, Attorney Berg, Attorney Kvistad
GUESTS:
David Kelly and son; Dave Galicia; Ray Fernsten;
Ronald and Marzella Porath; Roxanne Bruce
David Kelly thanked the Board for the surplus computers COMMENTS FROM THE AUDIENCE
the District donated to two local agencies for the disabled.
He relayed how the recipients were able to put them to
good use.
Moved Comte / Second Jones / Passed Unanimously CONSENT CALENDAR
to approve the Consent Calendar as submitted:
a. Temporary Help for Two Full-Time Laborers-
Approved increase to Purchase Order No. P17511
to Substitute Personnel, in the estimated amount
of $29,000;
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 2
b. Unpaid Assessments - Adopted Resolution No.
~ 2812-06, authorizing delinquent accounts to be
added to the 2006/07 EI Dorado County Tax
Assessor's Roll;
CONSENT CALENDAR
(continued)
c. Water Meter Replacement - Awarded project to
the lowest responsive, responsible bidder, G. B.
General Engineering Contractor, Inc., in the
amount of $141,386;
d. Customer Service, Operations and Laboratory
Facility - Approved Change Order NO.5 to
Roebbelen Contracting, Inc., in the amount of
$145,751 ;
e. Customer Service, Operations and Laboratory
Facility - Approved an amendment to Winzler &
Kelly Consulting Engineers task order for the
existing administration building hazardous
materials abatement, in the amount of $15,200;
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f. Notice of Vacancy - Accepted resignation of
Director Tom Comte, Seat No.1, effective
upon adjournment of the regular Board meeting
on August 17, 2006;
g. General Manager Performance Evaluation -
Approved incentive pay of 10% ($15,901) for
achievement of 2005/06 goals;
h. Approved Regular Board Meeting Minutes:
July 6, 2006;
i. Approved Regular Board Meeting Minutes:
July 20, 2006.
ITEMS FOR BOARD ACTION
Paul Sciuto reported three contractors attended the pre-bid 2006 MUNICIPAL WELLS
meeting, but only one bid was received at the August 1 bid DESTRUCTION PROGRAM
opening. The bid price, which was higher than estimated,
may be covered by the Lake Tahoe Restoration Act grant.
4..
Moved Wallace / Second Jones / Passed Unanimously
to award the contract to the lowest responsible, responsive
bidder, Zim Industries, in the amount of $185,150.
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 3
.. Dave Galicia submitted a claim on behalf of Ray Fernsten
..., requesting reimbursement for repairs performed on
Mr. Fernsten's sewer lateral. They believed that the
improper installation of the sewer later resulted in a blockage
caused by root intrusion. An initial repair was made and the
line was video taped (the video was subsequently lost). Final
repairs could not be made due to the high groundwater table
at that time.
Mr. Galicia reported during his visual inspection of the
lateral he found two in-line elbows that were pointed
in the wrong direction (away from the point of connection),
which may prove the original installation was askew. It
was in this same area that roots intruded causing a plug in
the lateral. He also reported the County installed a drainage
culvert, which could have contributed to the problem.
The Operations Committee reviewed this claim and could
not recommend approval since no verification could be
made as to whether the root intrusion was a result of
improper installation of the lateral.
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Now that the groundwater table has lowered, and Mr. Galicia
will excavate the area to make final repairs. When he does,
District staff will inspect the installation, and if the District
is found to be at fault, the Administrative Code has a
provision that the District will assume responsibility for
faulty installations and reimburse repair costs.
No Board action.
Roxanne Bruce's primary residence was subject to a
house fire and District staff waived two billing quarters as
a courtesy while her home is being rebuilt. Ms. Bruce
came before the Board to request the District waive all
future sewer and water fees until her home is fully rebuilt.
Dennis Cocking reported the District's Helping Hands
Program was designed to cover one-time catastrophic
events for primary residence homeowners. The program
would cover two additional quarters, which combined with
the staff waiver, would total one year of relief from fees for
Ms. Bruce.
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Moved Wallace / Second Mosbacher / Passed Unanimously
to consider the fire event at 2891 Lodgepole Trial as fitting
the criteria under the District's Helping Hands Program, and
make available two quarters of coverage for Roxanne Bruce.
CLAIM AGAINST DISTRICT
RECEIVED FROM RAY FERNSTEN
REQUEST TO APPEAR BEFORE
THE BOARD: 2891 LODGEPOLE
TRAIL SEWER AND WATER
CHARGES
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 4
Mr. Porath, who owns a summer vacation home in the
\., USFS Rainbow Tract, reported to the Board water to his
summer home is provided by his private well, and it is
connected to the District's sewer system. Since he does
not use his home in the winter, and claimed that since
Rainbow Tract is gated and closed 8-9 months per year,
he requested the Board bill only for the periods his home
was actually used or accessible into the tract for sewer
service, not year-round charges.
Board members and staff responded that even though the
home is not accessible in the winter by road, people
still visited in their tract homes in the winter, accessing
them by snowmobile or snowshoes. The District does
not have the capability to monitor which particular homes
are (or are not) used in the winter, and for what periods
of time. Sewer service is available all year and could be
used since there is no prohibition against the use of cabins
in the winter. Providing sewer service is based on capacity
to serve and there is a fixed cost associated with that
year around whether or not people use their cabins.
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Moved Jones / Second Comte / Passed Unanimously to
deny customer's request for limited billing. (The Board will
be receptive to a future request if the USFS prohibits all
tract use during winter months.)
During a routine Underground Service Alert call, District
staff discovered that one sewer lateral served four (4)
properties on Willow Avenue. Upon investigation, staff
discovered that in 1957, all four separate parcels were
allowed to connect to one sewer lateral per information
on Permit #95. Current Administrative Code dictates that
separate parcels must have separate sewer laterals, and
that the property owners should not incur the financial
responsibility for the installations.
Moved Wallace / Second Comte / Passed Unanimously
to authorize installation of separate sewer laterals for
each parcel from the property line to each house at
the District's cost, with the provision each parcel owner
obtain three estimates from contractors and the District
will reimburse the cost of the lowest estimate.
Moved Jones / Second Comte / Passed Unanimously
'-' to approve payment in the amount' of $2,773,252.54
REQUEST TO APPEAR BEFORE
THE BOARD: RAINBOW TRACT
HOMEOWNER SEWER CHARGES
WILLOW AVENUE SEWER
LATERALS
PAYMENT OF CLAIMS
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 5
Operations Committee: The committee met July 31.
\., Minutes of the meeting are available upon request.
Director Jones pointed out the District has had no
violations from exporting from the treatment plant for
10-16 years. That is good news that should be pointed
out to the public.
Director Mosbacher reported Lake Valley Fire Department
will be holding a special board meeting re: sprinkler
requirements. The Citizens Alliance group will postpone
their meeting so their members can attend the fire depart-
ment's meeting.
President Schafer mentioned that Director Comte's
resignation was approved on the Consent Calendar.
Letters of interest from candidates who wish to fill
the vacancy are due by August 22, and a Special
Board meeting will be held September 1 to interview
and appoint a person to fill Seat No.1.
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Two letters were received from Bill Hetland, general
manager of the water agency, and Joe Harn, auditor
for EI Dorado County, concerning proceeds from property
tax revenues. Bill Hetland sent another letter asking for
proof of our of our expenditures. The water agency is
trying to reduce the amount of property taxes returned to the
District from the current 80/20 split, to SO/SO. They also
want the District to apply for projects, and if approved,
the water agency would fund SO%, which is contrary
to their policy that states the District is in the best
position to know what projects money would be spent on.
General Manaoer: Richard Solbrig reported on three items:
1) A draft of the California Tahoe Conservancy / County /
STPUD MOU was received for review and comment. The
MOU contains language that would make the District
responsible for utility relocation. The District does not
view this document as the vehicle for determining the
underlying legal position in terms of who is ultimately
responsible for paying for utility relocations for erosion
control/water quality projects. Reference should be
made to the Assembly Bill 270 sponsored by Tim Leslie,
which covers the funding issue.
2) ACWA recommended support of Proposition 84. If
it passes, money is included for our region.
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BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER REPORTS
EL DORADO COUNTY WATER
AGENCY REPRESENTATIVE
GENERAL MANAGER REPORTS
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 6
3) Staff met with Lew Feldman re: the convention center
4.., project and proposal that the District supply water and fire
protection for the convention center and the large hotel
that is planned. Lakeside Park water company would
provide water for the smaller hotel, and the District
would provide sewer service. This issue will be assigned
to a Board committee for consideration.
District Information Officer: Dennis Cocking reported he
attended a poorly noticed meeting at Lake Valley Fire
Department. The fire department is reaping negative
repercussions from their decision to voluntarily enforce
a fire code related to fire hydrants and sprinkler require-
ments for remodels, new construction, etc. without
communicating to the public or the District, and without
phasing it in.
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Rhonda McFarlane reported the fire chief requested
the District reduce capacity fees to make the requirements
more affordable to homeowners. She told him the fees
could not be reduced for homes, but possibly for
fire hydrant installations, since they benefit the District.
She will check with the District's consultants, and the
Finance Committee will consider this idea.
4:10 - 4:20 P.M.
6:15 P.M.
GENERAL MANAGER REPORTS
(continued)
STAFF REPORTS
MEETING BREAK AND ADJOURN-
MENT TO CLOSED SESSION
RECONVENED TO REGULAR
SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
No reportable Board action.
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Pursuant to Government Code
Section 54956.8/Real Estate
Negotiations:
Negotiating Parties: Board Ad Hoc
Committee, General Manager,
Assistant General Manager/Engineer,
Chief Financial Officer
Under Negotiations: Price and Terms
Property Identification: Lukins Water
Company, 2031 West Way, South
Lake Tahoe. CA
REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 7
\., No reportable Board action.
Pursuant to Government Code
Section 54956.9(b)/Conference with
Legal Counsel - Liability Claim
Received from Ray Fernsten
No reportable Board action.
Pursuant to Government Code
Section 54958.8/Real Estate
Negotiations:
Negotiating Parties: Board Ad Hoc
Committee, General Manager,
Assistant General Manager/Engineer,
Chief Financial Officer
Under Negotiations: Price and Terms
Property Identification: Lukins Water
Company, 2031 West Way, South
Lake Tahoe. CA
No reportable Board action
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation re:
Beth Jett, Kendall Pearce, and
Pearce Family Trust Dated 1-20-88
vs. STPUD, Cox & Cox Construction,
Inc., a California Corporation, Nimbus
Engineers, a Nevada Corporation and
Does 1-100, Inclusive, Civil Action
No. PC 20050567, Superior Court,
County of EI Dorado. State of Ca.
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No reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation re:
Meyers Landfill Site: United States of
America vs. EI Dorado County and
City of South Lake Tahoe and Third
Party Defendants, Civil Action No.
S-01-1520 LKK GGH, U.S. District
Court for the Eastern District of CA
No reportable Board action.
Pursuant to Government Code
Section 54957.6(a)/Conference with
Labor Negotiators:
Unrepresented Employee Position:
General Manager
Agency Negotiators: Executive
Committee. Board of Directors
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REGULAR BOARD MEETING MINUTES - AUGUST 3, 2006
PAGE. 8
No reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. 1442.92 Acres of Land
in Alpine County, Ca.; et aI., United
States District Court for the Eastern
District of Ca., Sacramento Division,
Case No. CIV S-02-0238 MCE JFM
No reportable Board action.
Pursuant to Government Code
Section 54956.9(b)/Conference with
Legal Counsel - Anticipated Litigation
(Two Cases)
No reportable Board action.
Pursuant to Government Code
Section 54957.6(a)/Conference with
Labor Negotiators:
Agency Negotiators: General
Manager, Chief Financial Officer,
Plant Operations Manager, Union
Negotiations Ad Hoc Committee
Employee Organizations: Stationary
Local 39; Agency/ Employee Health
Care Options Subcommittee
6:20 P.M.
ADJOURNMENT
Eric W. Sch fer, ard President
South Tahoe Public Utility District
ATTEST: "~ ~ ::; Jy-, A R
Kathy Sharp. lerk of the Bdard
South Tahoe Public Utility District
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