09-17-92MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
SEPTEMBER 17, 1992
The Board of Directors of the South Tahoe Public Utility District met in
a regular session September 17, 1992, 4:00 PM, city Council Chambers,
1900 Lake Tahoe Boulevard.
BOARD OF DIRECTORS:
Chairman Pierini, Directors Mason,
Mosbacher, Wallace, Onysko
ROLL CALL
STAFF:
Baer, Solbrig, Garton, Mamath, Noble,
Hussmann, Brown, Eddy, Taylor, Garcia,
Schroeder, Swain, Johnson, Hoggatt
Attorney Sare
GUESTS:
Brian Taylor/Tahoe Daily Tribune,
Frank Du Quite/City Council, Tom
Perry-Smith, Ty Baldwin, Lou
Feldman/Fantasy Inn Attorney, Jaye Von
Klug/Redevelopment Agency, Rod Mier/
Tahoe Resource Conservation District
Rod Mier/Tahoe Resource Conservation COMMENTS FROM THE AUDIENCE
District was introduced to the Board
by Manager Baer. Mier reviewed the
services his District might provide to
STPUD and said he hoped to establish a
cooperative/working relationship between
both districts.
Tom Perry-Smith from the District's
audit firm was introduced to the Board
by Finance Officer Garton. He reviewed
the District's 1991/92 Financial State-
ments and the Independent Audit Report
with Board members.
4:15 PUBLIC HEARING
PUBLIC HEARING: DISTRICT
CONFLICT OF INTEREST CODE
Chairman Pierini opened the Public
Hearing at 4:28 PM.
Open Hearing
Attorney Sare reviewed the changes in
the state law regarding the reporting
of financial interests by Board members
and members of District staff.
Staff Report
No comments were received.
Public/Staff Comments
ST055870
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1992
NO comments were received.
Chairman Pierini closed the Public
Hearing at 4:30 PM.
Moved Onysko/Second Mosbacher/Passed
Unanimously to Adopt Resolution No. 2571.
Shop Steward - No Report.
christene Garcia gave a brief report on
the delinquency accounts and noted she
had collected over $111,000 leaving the
lowest balance since Customer Service
has been pursuing collections.
None.
None.
PAGE - 2
PUBLIC HEARING: DISTRICT
CONFLICT OF INTEREST CODE
(continued)
Board Member Comments
Close Hearinq
Board Action
STAFF REPORTS
CORRECTIONS TO AGENDA
CONSENT CALENDAR
ITEMS FOR BOARD ACTION
Chairman Pierini left the dais due to
a potential conflict of interest and
turned the meeting over to Vice Chair-
man Onysko.
FANTASY INN:
TRANSFERS
SEWER UNIT
Vice Chairman Onysko read aloud a letter
dated 9/16/92 which was hand delivered
to Attorney Sare from Dennis Crabb.
Richard Solbrig gave a staff report and
noted Jaye Von Klug/Redevelopment Agency
and Attorney Feldman were present to
respond to Board member questions.
Moved Mason/Second Wallace/Pierini and
Onykso Abstained/Passed to make
Findings 1 through 3, and Conditions
A through I, for the transfer of 98
sewer units. The Findings and Condi-
tions become a part of these minutes as
Exhibit 1.
Attorney Sare reported on the payment
of $80,212.50 and read aloud a 9/14/92
letter he had received from Steven C.
Kenninger, V.P. of KOAR, Inc. which
accompanied the check.
EMBASSY SUITES WATER
CONNECTION FEE
General Manager Baer reviewed the prior
agreement under which these additional
assessment fees were authorized.
ST055871
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1992 PAGE - 3
No Board Action.
Chairman Pierini noted the Finance
Committee had reviewed this item and
concurred with the purchase; it was
also recommended by the Perry-Smith
audit firm.
EMBASSY SUITES WATER
CONNECTION FEE
(continued)
FINANCIAL SOFTWARE REPLACEMENT
Moved Onysko/Second Mosbacher/Passed
Unanimously to authorize staff to
negotiate a contract with Bi-Tech
Software, Inc. for the lease/purchase
of financial software replacement and
authorize the Chairman of the Board to
sign the negotiated agreement after
review by Attorney Sare.
Director Onysko left the meeting at
5:05 PM.
Presented by Jimmy Hoggatt and Ken
Schroeder. The Operations Committee
had met with staff and recommended
replacement of the fuel tanks.
BOARD MEMBER LEFT MEETING
FUEL TANK REMOVAL AND
REPLACEMENT
Moved Mason/Second Mosbacher/Onysko
Absent/Passed (A) to award contract to
Tom Haen in the amount of $90,950 to
remove one 1,000/gal. tank & two
2,000/gal. tanks at the Plant and one
1,000/gal. tank & one 366/gal tank at
Fallen Leaf Lake Main Pump Station,
and install one 1,000/gal. tank at the
Plant and one 1,000/gal. tank at Fallen
Leaf Lake Main Pump Station;
(B) to approve $29,000 for the purchase
and installation of an above ground fuel
tank and related items, including pad,
with the understanding staff would
pursue the state reimbursement and
Manager Baer would work with the crews
on the placement of the new tanks.
Presented by Linda Brown.
Moved Mosbacher/Second Wallace/On¥sko
Absent/Passed to adopt Resolution No.
2572.
STATE OF CALIFORNIA, OFFICE OF
SURPLUS PROPERTY
Director Onysko returned to the meeting BOARD MEMBER RETURNS TO MEETING
at 5:45 PM.
ST055872
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1992 PAGE - 4
Presented by Linda Brown.
Moved Wallace/Second Mason/Passed
Unanimously to reject the one bid
received and authorized the Purchasing
Agent to negotiate with the bidder and
bring the results of the negotiations
back to the Board for consideration.
DISTRICT'S ALPINE COUNTY, RIVER
RANCH DEVELOPMENT PROPERTY
Presented by Diane Noble.
Moved Mason/Second Wallace/Passed
Unanimously to authorize the General
Manager to negotiate settlement of the
claim for an amount not to exceed
$10,000.
LIABILITY CLAIM:
OUTDOORSMAN
THE
Chairman Pierini asked the other Board
members how they wished to proceed
with the information and suggestions
gathered as a result of the staff mtgs.
1992/93 BUDGET WORKSHOP MEETINGS
WITH EMPLOYEES
It was the consensus of the Board to
have the Finance Committee meet and
discuss the "mechanics" of the manage-
ment staff's participation.
Director Mosbacher said these meetings
were the best experience she had since
she had been a Board member.
No Board Action.
Moved Wallace/Second Mosbacher/Onysko
and Mason Abstained/Passed to approve
payment in the amount of $333,495.64.
PAYMENT OF CLAIMS
The Finance Committee met to discuss
the software package.
BOARD MEMBER COMMITTEE REPORTS
The Operations Committee met to discuss
agenda items.
The Planning Committee met to discuss
the sewer transfer ordinance and had
the following recommendations:
1) All legal units should be treated
equally;
2) Current connection charges for
previously unreported sewer units
shall remain the same;
3) Reviewed the City's program for
liberalizing "granny flats" & "afford-
able housing" .... decided it needed to
be reviewed after the Montgomery study
had been completed.
ST055873
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1992 PAGE - 5
Director Mosbacher reported on 2 items: BOARD MEMBER REPORTS
1) She and Director Wallace had dis-
cussed the rising costs related to
membership in CASA, ACWA, etc. They
felt it would be a good idea to send
CASA a letter suggesting they join ACWA
and the Special Districts to consolidate
for insurance purposes, lobbying, dues,
etc. She said we could suggest there
be one group, but separate departments.
Further, she suggested sending to
the list of CASA members;
2) She had followed-up on the District
Slogans and wanted to present prizes at
the October 15th Board meeting;
General Manaqer:
STAFF REPORTS
Manager Baer reported on 4 items:
1) He had attended the Redevelopment
Mtg. with Dale Sare & Chairman Pierini
re the Park Ave. Project;
2) The Radon Rule had been sent back
to EPA, so enforcement would not be in
place until the end of 1993;
3) The Lead & Copper Rule would have a
significant impact on the District. Rick
Hydrick was working on a memo and the
Board may need a workshop to discuss;
4) Truckee Operating Agreement sub-
group will be meeting and discussing
snow making.
Past Meetinqs/Events
9/08-15 - Special Workshop Meetings w/
staff re: Cost Reductions/
Revenue Inducing Ideas
9/14-15 - CWPCA Conference @ So. Shore
Attorney:
Attorney Sare reported on 3 items:
1) He is reviewing the last draft of
the Kopp Bill and the potential impacts
to the District's meeting procedures;
2) The State's taking of property
taxes: His legal opinion is we are a
tri-county district which allows the
District to be exempt from the number
of Bills adopted by the State Legis-
lature and signed by the Governor on
9/2/92. He will so notify the County
and the State of California; if they do
not accept his representation, he will
bring the matter back to the Board for
ST055874
REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1992
PAGE - 6
authorization to obtain a restraining STAFF REPORTS
order through the State or Federal (continued)
Court systems;
3) He has written the Zeff firm asking
for reconsideration of a portion of their
invoice. He was contemplating doing the
same with the Rissetto firm.
10/1/92 - 4:00 PM - CWPCA Conference NOTICE OF FUTURE MEETINGS
10/2/92 - 10:00 AM - EDWPA @ So. Shore
6:35 PM
MEETING BREAK
6:45 PM
MEETING RESUMED/ADJOURNMENT TO
EXECUTIVE SESSION
Pursuant to Government Code
Section 54956.9(b)(1)/HDR CLAIM,
EL DORADO COUNTY WATER AGENCY
LOAN, BERTAGNOLLI CLAIM SETTLE-
MENT
7:09 PM
ADJOURNMENT
LOU PIERINI, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATH, t~.ERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ST055875
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Sewer 1950 water A PUBLIC AGENCY
Exhibit 1
September 17, 1992
General Manager
ROBERT G. BAER
P.O. Box 19487 · South Lake Tahoe, California 96151-3487
1275 Meadow Crest Drive · Phone (916) 544-6474 · FAX (916) 541-0614
MEMORANDUM
Directors
ROBERT MASON
MARY LOU MOSBACHER
STEVEN J. ONYSKO
LOU PIERINI
DUANE WALLACE
DT:
TO:
FR:
September 17, 1992 Board Meeting
Board of Directors
Richard Solbrig, Assistant Manager/Engineer
RE: COMPLETION OF FANTASY INN SEWER TRANSFER
******************************************************************
The attached documents are necessary for the Board to take action
under the provisions of Ordinance No. 403, except where relief has
been granted or conditions have been established.
The Board needs to authorize the staff to issue a permit for
Fantasy Inn's 112 sewer units and make the findings and conditions
that follow.
The provisions of Ordinance No. 403 have been complied with except
where relief has been granted and subject to special conditions in
this authorization. Specifically, the following conditions in
Section IV of Ordinance No. 403 have been complied with, except
is
set
where relief has been given as noted, or the condition
applicable, or a special condition has been authorized as
forth:
1. The Board should make the following compliance findings:
A. No increased annual flow and strength;
B. There is no increased flow and strength from other
ST055576
Co
De
Ee
Fe
Go
He
Jo
ne
commercial parcels;
Complete restoration of the secondary parcels is
inapplicable since Ordinance No. 403, Section D. is
applicable and the secondary parcels are being
utilized for public improvements;
1977, et al., Lahontan Cease and Desist Order is no
longer applicable;
112 sewer units are required for the Fantasy Inn
parcel.
The District has notified the City of South Lake
Tahoe of the foregoing provisions compliance;
The city of South Lake Tahoe has evidenced
compliance of Fantasy Inn with its General Plan;
The project complies with the City General Plan;
Any sewer assessments on the secondary parcels have
been paid in full;
Any property taxes on the secondary parcels have
been paid in full;
All sewer service charges on the primary parcel and
secondary parcels are current;
All liens on the secondary parcels have been paid
in full;
Lateral sewer connections for the secondary parcels
have been removed, plugged and sealed; except for
APN25-053-151. This lateral, if not utilized for a
future construction; will be plugged at the
property line at that time.
ST055877
N. Water service utilities for the secondary parcels
have been disconnected;
O. No transfers are from damaged structures;
P. Any city Sewer Connection Ordinance has been
complied with.
The conditions for issuance of a new sewer permit for the
Fantasy Inn primary parcel, pursuant to Ordinance No. 300
as amended by Ordinance No. 359, have been complied with.
An application from the Fantasy Inn parcel owner is on
file with the District.
The city of South Lake Tahoe Redevelopment Agency has on
file an application for cancellation of the secondary
parcels sewer permits.
The Board should authorize District staff to issue a sewer permit
to the owner of the Fantasy Inn parcel subject to the following
conditions:
A. The transfer fees shall be payable under Ordinance
No. 432 at $1,330 per sewer unit and will be paid
in full within 30 days from the date of this
authorization;
B. All primary and secondary parcel sewer service
charges are current;
C. All lateral sewer service connections for secondary
parcels are removed, plugged and sealed; except for
APN27-053-151. This lateral, if not utilized for a
future connection, will be plugged at the property
ST055878
De
Fe
line at that time.
Ail water service connections are disconnected for
the secondary parcels;
The City of South Lake Tahoe Redevelopment Agency
can be recognized as the owner of all secondary
parcels pursuant to relief granted, provided,
however, that an indemnity agreement for any claims
of secondary parcel record owners shall be executed
by the Redevelopment Agency and on file with the
District before the issuance of a sewer permit to
the Fantasy Inn owners;
The relief granted applies only to the Fantasy Inn
primary parcel;
The sewer permit will include as conditions all
representations and agreements in the Fantasy Inn
application and subject to all conditions in the
application;
The City Attorney has recorded a Notice of Transfer
with the E1 Dorado County Recorder, describing the
primary parcel and secondary parcels by Assessment
Parcel Numbers and location, and the representation
that the secondary parcels will be used for public
improvements;
The City and owner of Fantasy Inn agree that $1,330
per sewer unit transfer fee is the reasonable and
estimated cost to the District.
ST055879
AFFIDAVIT OF PUBLICATION
South Tahoe Public Utility District
P.O. Box 19487
South Lake Tahoe, CA. 96151-3487
Notice of Public Hearing
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States and a resident of the
County foresaid; I am over eighteen years, and not a part
co or interested in the above entitled matter, I am the principal
clerk of the printer of the Tahoe Daily Tribune, a newspaper of
general circulation, printed and published Sunday through
Friday in the City of South Lake Tahoe, County of El Dorado,
and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
El Dorado, State of California under the date of March 6,
1970, Case Number 18569, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement
therefore on the following dates, to wit:
September 4, 11
all in the year of: 1992
I certify (or declare) under penalty, that the foregoing
is true and correct.
Dated at South Lake Tahoe, California this
11 date of September 1992.
(-,,
NOTICE*IS HEREBY GIVEN
THAT A PUBUC HEARING
HAS BEEN'SCHEDULED FOR
THE 17th DAY OF
September. 1992. 4:15 P.M.
AT 1900 Lake Tahoe
Bout~lvsrd -~ City Council
Chambers i~Y ORDER OF
THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE
PUBLIC UTILITy DISTRICT
TO CONFIDER Ratification of
the Model Conflict of Interest
Code afld ameml tM District
DisclOsure Categories and
Designated Employee
Positions. All designated
employee position holders
shall receive copies of the
Model Conflict of Interest
Code and the Amendments
comment,
This Notice ~hall be published
twice, one week between
publications in the Tahoe
Daay Tribune. k neWep~,~er of
general i)ublk~tio~ 'within the
District,
PAT ~;. M~TH,
ST055880
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Sewer .1950 .Water A PUBLIC AGENCY
P.O. Box 19487 · South Lake Tahoe, California 95706-3487
1275 Meadow Crest Drive
Phone (916) 544-6474
FAX (916) 541-0614
N O T I C E O F P U B L I C H EA'R I N G
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN
SCHEDULED FOR THE ___LT_tJ~ DAY OF ~epte~r~ 1992 · 4:15 P,M, AT
1900 Lake Tahoe Boulevard - City Council Chambers
BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT TO CONSIDER Rat±f±¢at±on of the Model Confl±ct
of Interest Code and amend the District Disclosure Cateqories
and Desiqnated Employee Positions. All desiqnated employee
position holders shall receive copies of the Model Conflict of
Interest Code and the Amendments considered and opportunity to
comment.
This Notice shall be published
twice, one week between publications in the Tahoe Daily Tribune,
a newspaper of general publication within th~ District.
PAT A, MAMATH~ CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
DATED:
September 1, 1992
ST055881