01-13-92MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
JANUARY 13, 1992
The Board of Directors of the South Tahoe Public Utility District met in
a regular session January 13, 1992, 4:00 PM, city Council Chambers, 1900
Lake Tahoe Boulevard.
BOARD OF DIRECTORS:
Chairman Pierini, Directors Mason,
Mosbacher, Onysko, Wallace
ROLL CALL
STAFF:
Baer, Solbrig, Garton, Mamath, Taylor,
Garcia, Schroeder, Gilbert, B. Eppler,
Hydrick, Hoggatt, Miller, Swain,
Hussmann, Attorney Sare
GUESTS:
Paul Hale, Brian Taylor/Tahoe Daily
Tribune, Keith Klein/City Council,
John Nisby/PAM, Roy Hampson
Paul Hale stated he was not prepared
for this earlier date, and asked to be
rescheduled for 2/6/92 as originally
requested.
None.
REQUEST TO APPEAR BEFORE BOARD
COMMENTS FROM THE AUDIENCE
Shop Steward:
No Report.
Directors Mosbacher & Mason requested
Consent Item 4 be moved to: CONSENT
ITEMS BROUGHT FORWARD FOR ACTION/DIS-
CUSSION.
Moved Mosbacher/Second Mason/Passed
Unanimously to approve Consent
Calendar as amended:
CORRECTIONS TO AGENDA OR CONSENT
C~L~NDAR
CONSENT CALENDAR
1)
Approved Regular Board Meeting
Minutes of December 19, 1991 and
January 2, 1992.
2)
Authorized staff to implement
two-week disconnection procedures
for the accounts listed on
Attachment 1. Attachment 1 becomes
a part of these minutes by reference
herein.
3)
Allowed change in specifications for
Operations Dept. vehicle from 2-wheel
drive Pick-Up to 6-wheel drive ATV.
ST055205
REGULAR BOARD MEETING MINUTES - JANUARY 13, 1992
PAGE - 2
CONSENT ITEMS BROUGHT FORWARD FOR ACTION/DISCUSSION
Director Mosbacher reviewed adjust-
ments which needed to be made to the
vehicle specs to make them compatible
with current specs available from
various manufacturers.
Director Mason questioned the use for
the 1/2 Ton for the Inspections Dept.
Moved Mosbacher/Second Mason/Passed
Unanimously to authorize going to
bid for 7 new District vehicles with
specifications amended as discussed.
DISTRICT VEHICLE REPLACEMENT
(Consent Item No. 4)
ITEMS FOR BOARD ACTION
No Board Action.
SAFE DRINKING WATER ACT
COMPLIANCE
Chairman Pierini introduced John
Nisby representing PAM, the developer
of the project. He also recognized
Keith Klein and said he would rep-
resent the City and Dennis Crabb on
this matter.
AFFORDABLE HOUSING: SUPPORT
PROPOSED LEGISLATION TO GIVE THE
DISTRICT LATITUDE TO REDUCEAND/
OR WAIVE SEWER/WATER CONNECTION
CHARGES
Attorney Sare reviewed the circum-
stances under which this item had been
placed on the Agenda. He said he under-
stood from the City Attorney, Dennis
Crabb, that he (Crabb) was putting a
proposed bill together that had to be
presented to the State Legislature
before January 18, 1992 which would
allow the District to alter its fees
for Affordable Housing. And, Crabb had
indicated to him that Keith Klein had
said the District would have no problem
with this concept. Further, Attorney
Sare said Mr. Klein had indicated to him
just before the meeting that he thought
District staff was preparing the
legislative bill. Sare apologized for
any misunderstanding between the three
of them, and said he had only promised
to see that the item was placed on this
agenda.
Keith Klein corrected the previous
remark by Chairman Pierini and said he
could not represent the City on Mr.
Nisby's project because he owned a
portion of the land connected with the
project and had a conflict of interest.
He did, however, say he had offered
ST055206
REGULAR BOARD MEETING MINUTES - JANUARY 13, 1992 PAGE - 3
the city's assistance in getting a bill AFFORDABLE HOUSING: SUPPORT
passed which would allow the District, PROPOSED LEGISLATION TO GIVE
if it chose to do so, to consider in-
dividual cases. His intent was not to
place the City in the position of
trying to tell the District what to
do, but rather a role of assisting
the District.
DISTRICT LATITUDE TO REDUCE AND/
OR WAIVE SEWER/WATER CONNECTION
CHARGES
(continued)
Director Wallace reviewed his partic-
ipation in the original affordable
housing citizen committee, why it was
founded, and the issues they discussed.
John Nisby, Development Coordinator/
Professional Apartments Management, Inc.
(PAM) reviewed the sizes of the two
proposed multi-family housing develop-
ments, the financing and community
participation. Community participation
requirements: a minimum of 7%/State
Housing Community Development
($2,700,000/31 unit apartment complex)
and 15%/Tax Credit Allocation Committee.
Director Mason said he would favor
limiting the District's waiver to
Proposition 84/Public Housing Legis-
lation.
Director Mosbacher said she would like
to see something done other than chang-
ing the present law which states we are
to treat everyone equal. Attorney Sare
said this might be done by changing the
District's present Ordinance.
Director Onysko asked if the Casinos had
offered to contribute anything to the
project.
Director Pierini noted that the sewer
units set aside for affordable housing
could never be transferred to another
category.
Moved Wallace/Second Onysko/Mosbacher
& Mason Voted No/Passed, subject to
review by our attorney of previous
agreements and contracts, to direct the
District's legal counsel to meet and
confer with the City Attorney for the
purpose of writing and introducing
State legislation to give the District
latitude to reduce and/or waive sewer
and water charges under California
Proposition 84 and to look into our
ability to grant special dispensation
ST055207
REGULAR BOARD MEETING MINUTES - JANUARY 13, 1992
PAGE - 4
to affordable housing projects under
Proposition 84.
AFFORDABLE HOUSING: SUPPORT
PROPOSED LEGISLATION TO GIVE
DISTRICT LATITUDE TO REDUCEAND/
OR WAIVE SEWER/WATER CONNECTION
CHARGES
(continued)
4:30 PM PUBLIC HEARING
WATER SHORTAGE CONTINGENCY PLAN
Chairman Pierini opened the Public
Hearing at 5:30 PM.
OPEN HEARING
Diane Gilbert/Public Information Off- STAFF REPORT
icer reviewed the Contingency Plan and
referenced some changes to production
totals and other minor changes which she
would make on the version submitted to
the State of California.
None.
PUBLIC COMMENTS
Director Mosbacher suggested 2 changes
on Page 9: Stage 1, delete word
"mis-use"; Stage 3, add word "outdoor"
prior to word fountains and 1 change
on Page 3/Ordinance 423, Section III,
A.5: add "except in cases of severe
fire danger".
BOARD MEMBER COMMENTS
Gilbert noted if the Ordinance already
adopted was altered tonight, we would
not meet the deadline for submitting
the Contingency Plan. She suggested
referencing the stages in the Drought
Contingency Plan, instead, and then if
the Board wanted to rewrite the Drought
Response Ordinance at a later date, we
could still file our Drought Contingency
Plan in a timely manner.
Director Pierini suggested 1 change on
Page 9: Stage 2, change watering times:
begin at 6:00 p.m. rather than 8:00 p.m.
Rick Hydrick noted concern about changing
the time to 6:00 p.m. due to production
capabilities. He said if it proved to
present a problem he would come back to
the Board about it next year.
5:50 PM
CLOSE PUBLIC HEARING
Moved Mosbacher/Second Onysko/Passed
Unanimously to adopt Resolution No.
2558 with the 4 changes discussed
above: Stage 1 - delete word,
"mis-use"; Stage 3 - fountains;
Fire Danger/Undeveloped land; and
BOARD ACTION
ST055208
REGULAR BOARD MEETING MINUTES
change in time.
Presented by Rick Hydrick who had met
with the Operations Committee prior to
presenting it to the Board.
Moved Mason/Second Wallace/Passe~
Unanimously to declare a great emer-
gency to construct 1 production well
and 2 test wells.
Director Onysko left the dais due to
a conflict of interest.
Moved Mason/Second Mosbacher/Onysko
Did Not Vote/Passe~ to authorize Simon
Hydro-Search Task Order No. 2 in the
amount of $25,308.00.
Moved Mason/Second Mosbacher/Onysko
Abstained/Passed to approve payment
in the amount of $354,713.95.
Director Mosbacher commended the staff
member responsible for preparing the
Payment of Claims in such a timely
manner.
Director Mosbacher complimented staff
members Barrie Lindsay and Linda Brown
and also complimented Bob Baer for being
selected ,,Employee of the Month".
She was also pleased with the compliment
the District had received from Rich
Fisher/Unified School District.
No reports.
Manaqer%
Past Meetings
1/09/92 - Cold Creek Water Supply
w/Stan Hansen & Mr. Harmon
1/13/92 - Board Workshop/Safe Drinking
Water Act Compliance
- JANUARY 13 1992
PUBLIC HEARING
(continued)
NEW WATER SUPPLY
PAGE -___~5
PAYMENT OF CLAIM~
BOARD MEMBER COMMITTEE REPORTS
BOARD MEMBER REPORT~
STAFF REPORTS
Manager Baer introduced the newly
hired Human Resources officer, Nancy
Hussmann.
Attorney Sare discussed the upcoming
CASA meeting schedule.
1/16-18 - - CASA/Palm Springs
1/31/92 - 10:00 AM - Area Mgrs/NTPUD
2/01/92 - 11:30 AM - Tahoe CEO Mtg.
2/06/92 - 4:00 PM - Reg. Board Mtg.
NOTICE
OF FUTURE MEETINGS
ST055209
REGULAR BOARD MEETING MINUTES - JANUARY 13, 1992 PAGE
6:17 PM
ADJOURNMENT TO EXECUTIVE SESSION
Pursuant to Government Code
Section 54956.9. (B) (1)/HDR
CLAIM; and
Pursuant to Government Code
Section 54957.6(a)/LABOR
RELATIONS ATTORNEY
7:02 PM
RECONVENE TO REGULAR SESSION
None
ACTION TAKEN ON ITEMS DISCUSSED
IN EXECUTIVE SESSION
7:02 PM
ADJOURNMENT
LOU PIERINI, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ST055210
Attachment 1
January 13, 1992
Board Meeting Minutes
ACCOUNT8 SUBMITTED FOR AUTHORZSATION
OF DISCONNECTION PROCEEDINGS
1992 BOARD MEETING
ITEM ACCT. ~ NAME
1. 25-331~H John Falzone
BERV. ADDRESS
1421 Black Bart
./~IT.DUE
568.04
2. 25-483-101 Paul Morris
1630 Glenwood
575.38
3. 25-842-041
Eleanor Fleming
1848 Koyukon
554.56
4. 25-843-121
Gilbert Wetenkamp 1188 Canarsee
573.43
5. 25-854-221
James McGough
1890 Minniconjou
446.15
6. 25-864-101
Raymond Curley
1977 Tooch St.
546.02
7. 26-261-091
Richard Smith
8. 27-084-111 Harry Crosby
973 Bigler Crt
3769 Forest
435.55
582.06
9. 27-113-381 Robert Parr
3592 Bill
448.66
10. 27-132-251
11. 27-152-041
Jeffrey Rianda
Ramon Teele
3716 Forest
3724 Larch
408.82
524.49
12. 27-222-121
Bernard Faye
1096 Juniper
412.95
13. 27-321-141
Gabrielle Whalen 3625 Spruce
490.71
14. 27-352-051
Arthur Peterson
1069 Glenwood
436.56
15. 28-301-221
Margot Link
1289 Timber Ln
480.60
ST055211
Page - 2 - accounts Submitted for authorization of Disconnection
Proceedings - January 13, 1992 Meeting
16. 29-074-041
Frank Marinez
4014 Azure
466.44
17. 29-141-341
Maureen Daggett
3921 Cedar
425.69
18. 29-381-431
Anthony Hemenes
1052 Glen 551.88
19. 30-352-221
Kenneth Geist
3725 Regina
417.23
20. 31-030-151
Lila Rohrich
2680 Milloer
545.70
21. 31-111-091
Bradford House
1090 Lodi 408.82
22. 31-131-101
23. 31-163-151
Paul Herrera
Timothy Hoenig
1068 Martin
2651 Bertha
408.68
419.83
24. 31-183-091
Jack McCollum
1187 Lodi 532.93
25. 31-192-101
Daniel Baj one
2599 Kubel
540.55
26. 31-192-151 John Romo
1168 Carson
436.32
27. 31-203-141 John Cody 2649 Alma 529.34
28. 31-224-141 Judy Cory
2617 Fountain
408.82
29. 32-278-391
Robert Brown
1116 Dedi St.
676.75
30. 33-283-051
Mike Hines
807 Lake Tahoe Bi. 517.42
31. 33-286-011
John Lilygren
1141 Coyote Ridge
483.91
ST055212
32. 33-362-461
33. 33-371-011
34. 33-416-031
35. 33-812-021
36. 34-221-241
37. 34-254-101
Alfred Montano
John Hammaker
Jim Conniff
Richard Stone
Jeff Scott
John Pendleton
38. 34-434-081 Roy Rhodes
39. 34-653-011
Norman Ludwick
40. 81-092-121 Alest Gibbs
41. 270-900-603
Wm. Barboni
42. 270-900-604 Wm. Barboni
491 Cayuga
631 Grizzly Mtn.
788 Kiowa
1633 Ponca
1612 Choctaw
1758 Arrowhead
1838 Nez Perce
1889 Osage
1657 Tioantati
3438 Lake Tahoe Bi.
3430 Lake Tahoe Bi.
540.56
551.76
603.75
527.63
616.30
612.76
559.42
540.55
673.42
525.26
458.60
ST055213
January 13, 1992
AFFORDABLE HOUSING:
(Excerpt from discussion)
Pierini - We need to get consensus that we will lend support -
maybe make a motion like lending support here without specifically
supporting the legislation.
Mosbacher - Lend support to the project as opposed to lending
support to change in legislation.
Pierini - Right.
Mosbacher - I could support--because I want to support the project.
I just don't want to get this District, and Rhonda I'm awfully glad
you're here today because that was an excellent question that I
wouldn't have thought about. But with that financial mind that
you're using for us--that would occur to you and it wouldn't have
occurred to me and I think it is a very important point; if we get
ourselves legislatively in a spot, it has broad implications for
all of our operations. And I am not unsympathetic because I am one
of the people who is always yelling that we need that type of
housing. I am not unsympathetic to your project or any projects,
be they 2, 4 or upwards in larger numbers. It is just that I don't
want to get this District in a spot where everybody is coming to us
and to be fair we have to give everybody--if you could have
attended this afternoon's meeting and see how many millions and
millions of dollars the State is going to require us to spend, you
would understand why I'm so dog-gonned worried.
Pierini - O.K.
Wallace - Let me float one out first - this will be my first motion
and the reason I've held off 'til now was because I thought I would
save this type of rhetoric for something I really felt strongly
about. So, subject to review by our attorney of previous agree-
ments and contracts, I would like to make a motion that we direct
our legal counsel to meet and confer with the City Attorney for the
purpose of writing and introducing State legislation to give the
District the latitude to reduce and/or waive sewer and water
charges under California Proposition 84 and to look into our
ability to grant special dispensation to this particular project
under Proposition 84.
Pierini - I have a motion; we need a 2nd.
Onysko - Do you need a second on that?
Pierini - Yes.
Onysko - Could I get you to change your motion, just to say, rather
than this particular project--affordable housing projects?
ST055214
Wallace - Yes.
Onysko - Then I'll 2nd it.
Pierini - I'll call for the question.
Moved Wallace/Second Onysko/Mosbacher & Mason Voted No/Passed,
subject to review by our attorney of previous agreements and
contracts, to direct the District's leqal counsel to meet and
confer with the City Attorney for the purpose of writinq and
introducing State legislation to qive the District latitude to
reduce and/or waive sewer and water charqes under California
Proposition 84 and to look into our ability to qrant special
dispensation to affordable housing projects under Proposition 84.
ST055215
January 13, 1992
AFFORDABLE HOUSING:
(Excerpt from discussion)
Pierini - We need to get consensus that we will lend support -
maybe make a motion like lending support here without specifically
supporting the legislation.
Mosbacher - Lend support to the project as opposed to lending
support to change in legislation.
Pierini - Right.
Mosbacher - I could support--because I want to support the project.
I just don't want to get this District, and Rhonda I'm awfully glad
you're here today because that was an excellent question that I
wouldn't have thought about. But with that financial mind that
you're using for us--that would occur to you and it wouldn't have
occurred to me and I think it is a very important point; if we get
ourselves legislatively in a spot, it has broad implications for
all of our operations. And I am not unsympathetic because I am one
of the people who is always yelling that we need that type of
housing. I am not unsympathetic to your project or any projects,
be they 2, 4 or upwards in larger numbers. It is just that I don't
want to get this District in a spot where everybody is coming to us
and to be fair we have to give everybody--if you could have
attended this afternoon's meeting and see how many millions and
millions of dollars the State is going to require us to spend, you
would understand why I'm so dog-gonned worried.
Pierini - O.K.
Wallace - Let me float one out first - this will be my first motion
and the reason I've held off 'til now was because I thought I would
save this type of rhetoric for something I really felt strongly
about. So, subject to review by our attorney of previous agree-
ments and contracts, I would like to make a motion that we direct
our legal counsel to meet and confer with the City Attorney for the
purpose of writing and introducing State legislation to give the
District the latitude to reduce and/or waive sewer and water
charges under California Proposition 84 and to look into our
ability to grant special dispensation to this particular project
under Proposition 84.
Pierini - I have a motion; we need a 2nd.
Onysko - Do you need a second on that?
Pierini - Yes.
Onysko - Could I get you to change your motion, just to say, rather
than this particular project--affordable housing projects?
ST055216
Wallace - Yes.
OnyskQ - Then I'll 2nd it.
Pierini - I'll call for the question.
Moved Wallace/Second Onysko/Mosbacher & Mason Voted No/Passed,
subject to review by our attorney of previous aqreements and
contracts, to direct the District's leqal counsel to meet and
confer with the City Attorney for the purpose of writinq and
introducin~ State legislation to qive the District latitude tq
reduce and/or waive sewer and water charqes under California
Proposition 84 and to look into our ability to ~rant special
dispensation to affordable housin~ projects under Proposition 84.
ST055217
Date:
BOARD MEETING
PHONE NUI,IBER:
GUES! SIGN-IN SHEET: (please print)
I,~AME'. ADDRESS:
NOTE:
COMPLETION OF THE ABOVE INFORMATION IS VOLUNTARY AND NOT A
PRECONDITION FOR ATTENDANCE. ST055218