12-21-89 M I N U T E S
REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
December 21, 1989
The Board of Directors of the South Tahoe Public Utility District met
in a regular session December 21, 1989, 4:00 PM, City Council Chambers
1900 Lake Tahoe Boulevard.
BOARD OF DIRECTORS:
Chairman Mason, Directors Walker,
Sinclair, Pierini, Onysko
ROLL CALL
STAFF:
Cofer, Baer, Fischer, Mamath, Tiran,
Schroeder, Swain, Taylor, B. Eppler,
Sinkevich, Cartwright, Bonnet,
Gilbert, T. Powers, Hydrick,
Schnakenberg, Attorneys Wiedman and
Rollston
GUESTS:
John Upton, A1 Moss, Norman Tuck,
Jim Russell, Jimmie Hoggatt - John
Carollo Engineers, Jim Dipeso - Tahoe
Daily Tribune, Keith Klein - City
Council
None
COMMENTS FROM AUDIENCE
Manager Cofer requested the following
changes:
1) Delete Consent Item 4/Sewer
Disconnection on APN 36-130-092;
2) Defer Action Item 3/Request
to Appear before Board by C. Hughes;
3) Defer Action Item 8/Proposed
Humane Society Facility;
4) Move Consent Calendar Item 3 to
the Action Calendar as Item 12/ERM-
West Agreement Amendment re E/O
Insurance Coverage;
5) Add an Item 13 to the Action
Calendar/District E/O Insurance
Policy.
CORRECTIONS/ADDITIONS TO AGENDA
OR CONSENT CALENDAR
Moved Sinclair/Second Onysko/Passed
Unanimously to approve corrections/
additions to Agenda and Consent
Calendar as requested.
REGULAR BOARD MEETING MINUTES - DECEMBER 21, 1989 Page 2
Moved Walker/Second Sinclair/Passed
Unanimously to approve Consent Calendar
as amended:
1) Adopt the 1990/91 FY Budget Review/
Public Hearings Schedule;
2) Authorized renewal of a Vision
Service Plan Medical Insurance for a
two (2) year period;
3) Adopted the District's Model
Conflict of Interest Code by
Resolution 2504.
Moved Sinclair/Second Pierini/Passed
Unanimously to approve the November
28, 1989 Adjourned Regular Board
Meeting minutes and the December 7,
1989 Regular Board Meeting minutes.
Director Sinclair requested an up-
date from legal staff to press issue
with E1 Dorado County regarding
District receipt of Tax Transfer Funds.
None
12/11/89 - 9:30 AM - Joint Mtg:
City/District Staff
12/13/89 - 3:30 PM - Board Operations
Committee & Staff
12/14/89 - 1:30 PM - Board Planning/
Agencies Committee & Staff
12/17/89 - 4:30 PM - Christmas Party
@ Valhalla
12/18/89 - 3:00 PM - Adjourned Reg-ular Board Meeting
12/18/89 - 4:00 PM - Workshop/Agenda
Items
Manager:
Manager Cofer reported on two items:
1) He received notification that the
Harvey Place Dam received a design
award from the California Geotechnical
Engineers Association;
2) He had been advised by legal
counsel and other Board members that
the numerous requests by individuals
for the transfer of sewer units should
be curtailed until such time as the
Board could revisit the present Ordin-
ance. Further, legal staff advised
the present procedure administered the
transfers without legislation (waiver
to existing Ordinance).
CONSENT CALENDAR
APPROVAL OF BOARD MINUTES
REPORTS BY BOARD MEMBERS
BOARD MEMBER COMMITTEE REPORTS
PAST MEETINGS
STAFF REPORTS
REGULAR BOARD MEETING MINUTES - DECEMBER 21, 1989 Page 3
Director Sinclair stated he took
exception to holding the requests
and said we should continue to con-
sider sewer transfer requests on a
case-by-case basis in order not to
delay the needs of our customers.
Manager Cofer suggested and Director
Sinclair agreed this subject should
be an agenda item at the retreat.
Attorney Rollston reviewed the
attempts by staff and the previous
Board to address all public re-
quests and concerns in a revised
Ordinance addressing sewer trans-
fers. He pointed-out this was an
"accommodation" ordinance, i.e.,
one that paralleled the desires of
the constituencies.
Attorney:
Attorney Weidman reported he had
been working on Alpine County
Eminent Domain matters, grant el-
igibility matters and conflicts
involving the Redevelopment MOU,
and the HDR claim as well as
insurance matters.
Program Managers:
No report.
Shop Steward:
No report.
STAFF REPORTS (continued)
ITEMS FOR BOARD ACTION
Moved Pierini/Second Walker/Passed
Unanimously to approve payment in
the amount of $645,999.76
This item was discussed at the
12/18/89 Workshop.
Director Walker made the Motion to
carry this item over to the next
regular board meeting/Motion died
for lack of a Second.
Moved Pierini/Second Sinclair/Walker
Abstained/Passed to allow the Partial
Transfer of 18 of the 21 sewer units
on APN 23-211-011 (948 3rd Street/
2145 & 2149 Eloise); and to allow the
PAYMENT OF CLAIMS
REQUEST TO APPEAR BEFORE BOARD:
AL & PATTY MOSS
REGULAR BOARD MEETING MINUTES - DECEMBER 21, 1989 Page 4
the transfer of same without property
destruction prior to May 1, 1990.
Item Deferred until July or August.
Attorney Rollston stated the
information presented at the Workshop
would lead staff to believe a new
method of counting sewer units for
trailer parks be explored prior to
Board action on these two requests.
MQved Pierini/Second Walker/Passed
Unanimously to take no action on
these two requests (Item 4/N. Tuck
and Item 6/J. Upton).
This item was discussed at the
12/18/89 Workshop.
Moved Pierini/Second Walker/Passed
Unanimously to waive the 3-year back
charges in the amount of $228.24 with
the understanding the property owner
will begin payment for the one add-
itional sewer unit appearing on the
next District billing for APN 27-204-
071 (3601 Vanda Lee).
This item was discussed at the
12/18/89 Workshop.
Moved Sinclair/Second Olysko/Passed
Unanimously to give relief from the
present Ordinance and allow the
transfer of 13 Commercial sewer units
from E1 Dorado County APN 23-171-13
for Commercial use or other than
Commercial Use (Residential, Public
Service or Recreational) as long as
the General Manager determined the
reclassified use would be equal to
or less intensive than the existing
commercial classification.
Item Deferred to a later date.
Presented by Rick Hydrick.
Moved Pierini/Second Sinclair/Passed
Unanimously to rescind Boyle Engin-
eering Task Order 10 to complete the
study.
REQUEST TO APPEAR BEFORE BOARD:
AL & PATTY MOSS (continued)
REQUEST TO APPEAR BEFORE BOARD:
CHUCK HUGHES
REQUEST TO APPEAR BEFORE BOARD:
NORMAN TUCK
REQUEST TO APPEAR BEFORE BOARD:
JOHN UPTON
REQUEST TO APPEAR BEFORE BOARD:
JIM RUSSELL
TAHOE CONSERVANCY SEWER UNIT
TRANSFER
PROPOSED HUMANE SOCIETY FACILITY
CORROSION CONTROL TREATMENT AT
WELL SITES STUDY
REGULAR BOARD MEETING MINUTES.- DECEMBER 21, 1989 Page 5
Director Onysko reported the Board's
Operation Committee had met with
District staff and TRPA and Lahontan
staff to discuss getting approvals
for development of new wells within
our service area. He also reported
he spoke with a hydrologist from U.S.
Geological Survey. The U.S.G.S.
hydrologist indicated they would be
willing to take over the responsib-
ility of the test wells and use them
as monitoring wells. This would
relieve the District of the expense
of the TRPA requirement to refill all
test holes not used as production
wells.
Director Onysko stated he felt the
prospect of getting this project
going fairly quickly was good based
on the positive response from the
various regulatory agencies.
Assistant Manager Baer and Rick
Hydr~ck, Manager of Water Operations,
made an oral and visual presentation
covering the District's present water
system, the threatened water shortage
areas, and the various options
available to the District to address
the potential water shortage problems.
After discussion and listening to
recommendations by staff, it was
the consensus of the Board that the
number one priority should be to
develop a Water Conservation
Ordinance and a water conservation
retrofit program. Staff was also
directed to continue to pursue
new water sources for the District's
service area.
Manager Cofer pointed out the high
costs connected with the pursuit of
additional water sources.
Attorney Weidman stated the present
limited service from ERM-West did
not expose the District to a large
degree of risk, but if the firm was
asked to perform design tasks then
the Errors & Omissions insurance
would have to be readdressed.
DISTRICT WATER SUPPLY
ERM-WEST MASTER AGREEMENT
AMENDMENT: ERRORS & OMISSIONS
INSURANCE COVERAGE
REGULAR BOARD MEETING MINUTES - DECEMBER 21, 1989 Page 6
Moved Pierini/Second Walker/Passed
Unanimously to amend ARTICLE III,
Section 1.3 regarding Errors &
Omissions Insurance coverage with
the provision it did not set a
precedent for either the limits or
the deductible for future engineering
contracts.
ERM-WEST MASTER AGREEMENT
AMENDMENT: ERRORS & OMISSIONS
INSURANCE COVERAGE (continued)
6:00 PM - A meeting break was called
by Chairman Mason.
6:07 PM - In accordance to Government
Code Section 54956.9(c) regarding Claim
Against Design Engineer: Contract 5
Alpine County, Harvey Place Dam &
Irrigation Works.
6:20 PM
MEETING RECESS
ADJOURNMENT TO EXECUTIVE SESSION
RETURN TO OPEN SESSION AND ACTION
ON ITEMS DISCUSSED IN EXECUTIVE
SESSION:
Moved Walker/Second Sinclair/Passed
Unanimously to authorize staff to
prepare a claim against the design
engineer, HDR, Inc. which would in-
clude an expenditure in an amount not
to exceed $60,000. Included in the
$60,000 is Carollo Engineers Task
Order 16 in an amount not to exceed
$30,000.
Presented by Attorney Weidman.
Moved Sinclair/Second Walker/Passed
Unanimously to authorize a change in
the Errors & Omissions Liability
Insurance Coverage, effective at the
end of the year (1989).
1/04/90 - 4:00 PM - Regular Board Mtg.
1/13/90 - 9:00 AM - Board Retreat
1/15/90 - 4:00 PM - Regular Board Mtg.
1/18-20 - - CASA
6:37 PM
CLAIM AGAINST DESIGN ENGINEER:
HDR, INC.
DISTRICT ERRORS & OMISSIONS
INSURANCE COVERAGE
NOTICE OF FUTURE MEETINGS
ADJOURNMENT
ATTEST:
ROBERT MASON, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
PAT A. MAMATH; CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT