05-16-85MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
MAY 16, 1985
The Board of Directors of the South Tahoe Public Utility District met
in a regular session, May 16, 1985, 4:00 P.M., 1900 Lake Tahoe Blvd.
City Services Center.
BOARD OF DIRECTORS: President Madden,
Directors Mason, Jones, Wynn, Olson
STAFF: Cofer, Baer, Fischer, Mamath,
Carpenter, Plasterer, Tiran, Taylor,
Schroeder, G. Eppler, Carrion,
Attorney Weidman
GUESTS: Mike Hoffman-Tahoe Daily
Tribune
Manager Cofer requested an Action
Item No. 8 be added to the Agenda
to authorize sending a letter to
the attorney representing Melvin
Schwake, Jr.
Moved Wynn/Second Mason/Passed
Unanimously to Adopt Resolution
No. 2366 to renew the Contract be-
tween E1 Dorado County Water Agency
and South Tahoe PUD.
Moved Wynn/Second Olson/Jones
Abstained/Passed to approve the 5/2/85
Regular Board Meeting.
None
None
Director Jones reported the Plant
Operations committee had met with staff
te Action Item No. 2.
Director Olson reported the Finance
Committee had met with staff re
Action Item No. 4 and they concurred
with the staff recommendation.
5/6/85 - 9:00 P.M. - Budget Workshop
5/13/85 - 4:00 P.M. - Workshop/Agenda
ROLL CALL
CORRECTIONS/ADDITIONS TO AGENDA
CONSENT CALENDAR
APPROVAL OF BOARD MINUTES
REPORT BY BOARD MEMBERS
SHOP STEWARD'S REPORT
COMMITTEE REPORTS
PAST MEETINGS
REGULAR BOARD MEETING MINUTES - MAY 16, 1985 Page 2
Manager Cofer distributed copies of
Senate Bill 1355 to the Board. He
informed the Board the bill dealt with
the printing of qualification state-
ments for non-partisan elected posi-
tions and that SB 1355 rescinds the
whole bill. Manager Cofer Stated he
would take any Board comments back
to the CASA Legislative Committee.
Attorney Weidman discussed 4 items:
1) .Assembly Bill 914 - Distributed
cop~es of Amendments to Bill. Stated
Mr. Campbell and Mr. Howser dropped
themselves as co-sponsors and that
Senator Doolittle is now a co-sponsor.
Requested Board members be present at
the Committee Meeting in Sacramento
on May 20th if possible. (4:30 P.M.)
2) Contract Renewal/E1 Dorado County
Water Agency - Stated Texas Hill
Funds are to be credited to .the Dis-
trict account if the SOFAR project
goes through. How the funds will be
spent and for what purpose was an-
other matter. Attorney Weidman
further stated the present contract
between the District and Water Agency
says it has to be spent by mutual
agreement between the District and
Water Agency and that there was a
substantial amount of funds which are
still being computed.
3) Alpine County Litigation - Brief
of the opposition has not yet been filed
in the District Court of Appeals al-
though we have received a copy of the
Brief. JUdge Perluss is working on a
reply.
4) Executive Session - Requested an
Executive Session to discuss the Alpine
County Litigation.
MANAGER'S REPORT
ATTORNEY'S REPORT
REGULAR BOARD MEETING MINUTES - MAY 16, 1985 Page 3
None
None
PROGRAM MANAGER'S REPORT
COMMENTS FROM AUDIENCE
(Short Non-Agenda Items)
BOARD ACTION
Moved Wynn/Second Olson/Passed
Unanimously to approve payment in the
amount of $520,521.27.
Presented by Ken Schroeder.
Moved Olson/Second Jones/Passed
Unanimously .to approve purchase of
28 Manway covers for the amount of
$5,748 plus tax and shipping.
Presented by Rich Tiran who dis-
tributed samples of uniforms rep-
resentative of the low bidder,
Mission Uniform Company.
Moved Olson/Second Jones/Passed
Ungnimously to enter into a 3/year
contract with low bidder, Mission
Uniform Co. for an amount not to
exceed $81,529.04.
Presented by Barrie Fischer who
stated the plan presented had been
arrived at by a committee of Union
members and himself and would re-
place an 18 year old plan. The new
plan will earn a higher return for
participants and will take effect
July 1, 1985.
Moved Olson/Second Wynn/Passed
Unanimously to approve the change
in the District's current Manulife
Retirement Plan as presented.
Presented by Barrie Fischer who
agreed with property owner who appeared
before Board at the May 13th Workshop
to reduce the amount owed to District.
Moved Jones/Second Wynn/Passed
Unanimously to rescind Board Action
of 2/7/85 and authorize staff to
collect $435/2 year back charges
only from property owner (3430 Lake
Tahoe Blvd.).
PAYMENT OF CLAIMS
REPAIR OF CARBON CONTACT
CHAMBERS
UNIFORMS, MATS, AND TOWEL
SERVICE - BID #85-86-01
DISTRICT RETIREMENT PLAN
BACK CHARGES - PARCEL NUMBER
APN 27-090-061
REGULAR BOARD MEETING MINUTES - MAY 16, t985 Page 4
Presented by Bob Baer.
Moved Wynn/Second Olson/Passed
Unanimously to authorize increase in
Project budget by $25,000 and author-
ize execution by District Manager of
· Change Order No. 3 to the Joe Suter
Construction Contract which increases
contract amount by $43,000.
Presented by Barrie Fischer.
Moued O!son/Second Mason/Passed
Uaanimously to schedule a public
hearing for June 6, 1985, 4:30 P.M.
at the City Council Chambers and di-
rected Clerk of Board to advertise
and post Notice at least 14 days prior
to Hearing.
Presented by Gene Eppler who used
maps of the Schwake lands to illustrate
the tentative changes agreed upon by
District staff and Melvin Schwake, Jr.,
and Dan Hinrichs of Culp/Wesner/Culp.
Attorney Weidman requested discussion
ia Executive Session because of its
relation to the pending Schwake law-
suit and recommended no Board action
at this time.
No Board Action.
1984 WATERLINE REPLACEMENT
SCHEDULE A PUBLIC HEARING
FOR 1985-86 SEWER AND WATER
ENTERPRISES BUDGET
MELVIN SCHWAKE,_JR. TENTATIVE
AGREEF~NT DRAFT
5/17/85 - Tour Alpine County Project
Assemblyman Waters
5/20/85 - Hearing, AB 914
5/24-25 - CASA
5/27/85 - Memorial Day Holiday
6/03/85 - 4:00 P.M. - Workshop/Agenda
Items
6/06/85 - 4:00 P.M. - Regular Board
Meeting
4:30 P.M. - Public Hearing
1985-86 Budget
NOTICE OF FUTURE MEETINGS
REGULAR BOARD MEETING MINUTES - MAY 16, 1985 Page 5
Attorney Weidman stated there was an
appeal now pending STPUD vs County of
Alpine, 3rd District Court of Appeals
California Court, Civil Action Number
3-24892; and
legal action pending U.S. District Court
Eastern District- California, Action
No. S-84-1515-MLS, Melvin Schwake, Jr.
vs. STPUD and others.
Attorney Weidman requested staff
member Gene Eppler remain for the
Executive Session.
4:35 P.M.
STATEMENT BY ATTORNEY WEIDMAN:
NECESSITY OF EXECUTIVE SESSION
ADJOURNMENT TO EXECUTIVE SESSION
5:00 P.M.
Moved Olson/Second Mason/Passed
Unanimously to authorize staff to
send the Draft Agreement to Melvin
Schwake, Jr.'s attorney subject to
review by Sacramento insurance carrier
attorneys.
5:02 P.M.
RECONVENE TO REGULAR SESSION
ACTION ON ITEMS FROM EXECUTIVE
SESSION:
MELVIN SCHWAKE JR. TENTATIVE
AGREEMENT DRAFT
ADJOURNMENT
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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RESOLUTION NO. 2366
A RESOLUTION OF THE SOUTH LAKE TAHOE PUBLIC UTILITY
DISTRICT CONSENTING TO THE RENEWAL OF CONTRACT
BETWEEN EL' DORADO COUNTY WATER AGENCY AND SOUTH
TAHOE PUBLIC UTILITY DISTRICT
WHEREAS, on April 13, 1977, the E1 Dorado County Water
Agency and the South Tahoe Public Utility District, both
districts created and functioning in the County of E1 Dorado,
State of California, entered into a member unit contract, as
that term is used in the E1 Dorado County Water Agency Law;
and,
WHEREAS, said member unit contract provides for its renewal
each fiscal year subject to the consent of the South Tahoe Public
Utility District and the E1 Dorado County Water Agency;
and,
WHEREAS, District desires to consent to the renewal of said
member unit contract for the 1985-86 fiscal year.
NOW, THEREFORE, be it RESOLVED by the BOARD OF DIRECTORS of
SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State
of California, as follows:
(1) The Board of Directors of South Tahoe Public Utility
District hereby consents to the renewal of said member unit
contract between South Tahoe Public Utility and E1 Dorado County
Water Agency entered into on April 13, 1977, for the 1985,86
fiscal year.
PASSED and ADOPTED at a duly held regular meeting of the
Board of Directors of the South Tahoe Public Utility District at
its meeting held on the 16th day of May, 1985, by the following
vote:
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RESOLUTION NO. 2366 - Page 2
AYES:
NOES:
ABSENT:
Directors Madden, Mason, Jones, Olson, Wynn
None
None
ATTEST:
MARY M. ~DEN, PRESIDENT OF BOARD
SOUTH TA~I~ PUBLIC UTILITY DISTRICT
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
I hereby certify that the foregoing is a full, true and
correct copy of Resolution NO. 2366 duly adopted by the Board
of Directors of the South Tahoe Public Utility District, E1
Dorado County, California, at a regularly scheduled meeting held
on the 16th day of May, 1985 by the following vote:
AYES:
NOES:
ABSENT:
Dated:
5/16/85
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
TO:
Memo No. 5
Date 5/16/85
CONFIDENTIAL
MEMORANDUM OF LEGAL COUNSEL TO THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT STATING REASONS AND
LEGAL AUTHORITY FOR HOLDING A CLOSED SESSION OF THE BOARD
PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 OR 54956.9
The Board of Directors of South Tahoe Public Utility District
As your attorney, I submit this memorandum stating
the reasons and legal authority for holding a closed session of
the Board with your attorney and for the purposes set forth herein:
A. There is a legal action now pending in the United
States District Court for the Eastern District, entitled Melvin H.
Schwake, Jr., Plaintiff, v. South Tahoe Public Utility District,
et al., Defendants, Case No. CIV-84-1515 MLS. Discussing said
pending legal action, United States District Court for the Eastern
District Action No. CIV-84-1515 MLS, in open session would preju-
dice the position of the District. I only learned this date of
a proposed settlement letter regarding location of facilities
just before the regular Board Meeting of May 16, 1985, and had
no opportunity to prepare this memorandum for distribution prior
to the regular meeting of May 16, 1985, at which an Executive
Session was requested on said legal and preliminary settlement
proposal of part of the legal action concerning location of
facilities. The section and subdivision of the Government Code
authorizing the closed meeting is set forth for the following
reason: Section 54956.9(a).
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Dated and signed by
Joh] ~.~ ~eidm~a~n~, .At~t~,o.r~ne. ~y .....
Sout~ Tahbe Public Utility District
Date:
May 16, 1985
For Executive Session - Regular Meeting - 5/16/85
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Memo No. 6
Date 5/16/85
CONFIDENTIAL
MEMORANDUM OF LEGAL COUNSEL TO THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT STATING REASONS AND
LEGAL AUTHORITY FOR HOLDING A CLOSED SESSION OF THE BOARD
PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 OR 54956.9
TO: The Board of Directors of South Tahoe Public Utility District
As your attorney, I submit this memorandum stating
the reasons and legal authority for holding a closed session of
the Board with your attorney and for the purposes set forth herein:
A. There is an appeal now pending in the Court of
Appeal, Third Appellate District, entitled South Tahoe Public
Utility District, Plaintiff and Respondent, v. County of Alpine,
et al., Defendants and Respondents, Sierra Club, Inc., et al.,
Intervenors-Appetlants, Case No. 3 Civil 24892. Discussing
said pending litigation, Amador County Superior Court Action No.
12657, and the Third District Court of Appeal Action No. 3 Civil
24892, in open session would prejudice the position of the DJ.s-
trict. I only learned th~s afternoon that the Appellants' brief
in the Third District Court of Appeal action, which has been
served, has not yet been filed and I wish to discuss the appeal
at the regular Board Meeting of May 16, 1985, and had no oppor-
tunity to prepare this memorandum for distribution prior to the
regular meeting of May 16, 1985, at which an Executive Session
was requested on said appeal. The section and subdivision of
the Government Code authorizing the closed meeting is set forth
for the following reason: Section 54956.9(a).
Dated and signed by
Date:
May 16, 1985
~ohn iC. Weidman, Atto ney
~outh1 Tahoe Public Utility District
For Executive Session - Regular Meeting - 5/16/85
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