04-21-94MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
APRIL 21, 1994
The Board of Directors of the South Tahoe Public Utility District met in
an Executive Session at 2:00 PM at the District Office, 1275 Meadow
Crest Drive, and a Regular Session April 21, 1994, 4:00 PM, City Council
Chambers, 1900 Lake Tahoe Boulevard.
2:00 - 3:45 PM EXECUTIVE SESSION
2:00 PM - President Wallace called
the meeting to order and immediately
adjourned to Executive Session.
BOARD OF DIRECTORS:
CALL TO ORDER
ROLL CALL
President Wallace, Directors Mason,
Mosbacher, Strohm, Jones
STAFF:
Baer, Solbrig, Attorney Clifford
EXECUTIVE SESSION
Litigation File
3240/BOTTINI ET
STPUD
#SV93-
AL VS.
ADJOURNMENT TO CONTINUE
EXECUTIVE SESSION AT A
LATER TIME THIS DATE,
THURSDAY, APRIL 21, 1994
3:43 PM
MEETING RECESS (MOVED TO
CITY COUNCIL CHAMBERS)
4:00 PM
RECONVENE TO REGULAR
BOARD MEETING
4:00 PM REGULAR BOARD MEETING
BOARD OF DIRECTORS.:
President Wallace, Directors Mason,
Mosbacher, Jones, Strohm
ROLL CALL
STAFF:
Baer, Solbrig, McFarlane, Noble, Twomey,
Hussmann, R. Johnson, Schroeder, Hydrick,
Poulson, Christianson, Boyson, W. Stanley,
Brown, Eddy, Thiel, Hoggatt, Sharp,
Attorney Sare, Attorney Clifford
ST055530
REGULAR BOARD MEETING MI~b~ES - APRIL 21, 1994 PAGE - 2
GUESTS:
Frank DuQuite/City Council,
Jonas Minton/E1 Dorado County Water Agency,
Dave Antonucci/Tahoe City PUD,
Dave Lancaster/State of Ca. Dept. of Health
Services, Deborah Palmer/Feldman, Shaw, and
DeVore, Jon and Paula Corley
Jon Corley appeared before the Board to
request that the District consider using
natural gas at the Luther Pass Pump Station
in lieu of diesel. He feels this will
better the chances for the residents on
Grass Lake to acquire gas service from WP
Natural Gas, and may help in lowering the
cost for main installations.
Shop Steward
No report.
Director Strohm requested Agenda Item
9/Attorney Contract be moved for dis-
cussion after Executive Session.
Moved Mason/Second Jones/Passed
Unanimou___~_~_y to approve the Consent
Calendar as submitted:
1) Authorized staff to advertise for bids
for a diesel-powered generator set for
Elk's Club Well Standby Generator Ex-
pansion Project;
2) Authorized staff to advertise for bids
to contract with Tahoe Employee Assis-
tance Partnership to provide an em-
ployee assistance program for District
employees for a period of one year;
3) Approved Special Board Meeting
Minutes: March 28, 1994;
4)
Approved Regular Board Meeting
Minutes: April 7, 1994
ROLL CALL
(continued)
COMMENTS FROM THE AUDIENCE
CORRECTIONS TO AGENDA OR
CONSENT CALENDAR
CONSENT CALENDAR
ITEMS FOR BOARD ACTION
Manager Baer presented Chris Christianson
with a plaque inscribed with Resolution
No. 2591 honoring him for his years of
service to the District and its ratepayers,
and congratulated him on his retirement.
John Boyson will replace Chris as the Elec-
trical Supervisor and was introduced to the
Board.
RESOLUTION 2591
ST055531
RE~uhAR BOARD MEETING MINUTES - APRIL 21, 1994
PAGE - 3
Moved Mason/Second Jones/Passed
Unanimously to adopt Resolution 2591.
Rick Hydrick presented the Firm Source
Capacity Plan. Dave Lancaster, from
the Department of Health Services, conveyed
his support of the plan, and complimented
the efforts made by staff to evaluate and
complete this very complicated document.
Dave Antonucci, from Tahoe City PUD,
explained the benefits of becoming a
member of ACWA. The pros and cons
of CASA membership were also discussed.
It was the consensus of the Board to ask
Dave Antonucci to review the amount needed
for the District's membership fee and to
clarify the building special assessment
fee. This item will then be brought before
the Board for future action.
An associate membership with CASA will be
maintained by Attorney Sare.
No action taken.
Construction Manager Hoggatt reviewed
a discrepancy related to the low bid -
the bid total was not written out in
words. Staff recommended this discre-
pancy be waived.
Moved Mason/Second Jones/Passed
Unanimously to waive the discrepancy
(described above).
Moved Mason/Second Jones/Passed
Unanimously to award the construction
contract to the lowest, responsive,
responsible bidder, Whiterock Construc-
tion, in the amount of $31,400.
Public testimony was invited regarding
the Environmental Assessment/Negative
Declaration. None was received.
No action taken.
Public testimony was invited regarding
the Environmental Assessment/Negative
Declaration. None was received.
No action taken.
RESOLUTION 2591
(continued)
FIRM SOURCE CAPACITY PLAN
ASSOCIATION OF CALIFORNIA
WATER AGENCIES (ACWA)
SONORA AVENUESEWER PROJECT
STATELINE STORAGE PROJECT:
ENVIRONMENTAL DOCUMENT
ERB PIPELINE REPLACEMENT
PROJECT: ENVIRONMENTAL
DOCUMENT
ST055532
REGULAR BOARD MEETING MIN%~TES - APRIL 21, 1994
PAGE - 4
Manager Baer reported the Agreement to
Share Costs, which was prepared in res-
ponse to the litigation settlement with
the CWA, was ready to be signed by the
Board President.
Jonas Minton, the General Manager of the
E1 Dorado County Water Agency, was present
to recommend the agreement be signed.
EL DORADO COUNTY (CWA)
Moved Jones/Second Strohm/Passed
Unanimously to authorize Board President
to sign the Agreement to Share Costs.
Director Mason asked that Attorney Sare
add an indemnity clause to the letter,
and Director Mosbacher requested alter-
native language be used in the first
paragraph.
Moved Strohm/Second Jones/Passed
Unanimously to authorize Board President
to sign the letter as amended above.
Moved Strohm/Second Jones/Mason
Abstained/Passed to approve payment
in the amount of $474,252.21.
Director Wallace reported the Executive
Committee met to discuss the ongoing
salary survey negotiations. Staff
comments will be sent to the consultant
for review.
Director Mason reported that he, along
with Manager Baer and Linda Brown, went
to a meeting of the Alpine County Fish
and Game Commission where they thanked
the Commissioner for the bids for the
1994 fish purchase. They also met re-
garding how the compact between Alpine
County and the District was performing.
Director Mason stated all seemed fine.
There were questions related to the news-
paper article about the dam, and about
how the mitigation fee was calculated.
Manager Baer met with City Attorney,
Dennis Crabb, to discuss three items:
LAKESIDE MUTUAL WATER
SYSTEM
PAYMENT OF CLAIMS
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER REPORTS
STAFF REPORTS
1) City Water MOU: Alternative language
was discussed for use in the MOU that is
compatible with the interests of both the
City and the District;
ST055533
REGULAR BOARD MEETING MIN/3TES - APRIL 21, 1994 PAGE - 5
2) McDonald's Site: The City Redevelop-
ment Agency will deed the District the
50' x 50' piece of property that was a
part of the original agreement. The
District will provide McDonald's with some
easements on the corners of their driveway.
The property is specifically to be used for
a pump station; if in the event the District
no longer needs the property, the ownership
will revert back to the City at fair market
value;
3) Federal Funding for Wastewater Improve-
ments: The League does not support the
District receiving funding for wastewater
projects. The only way they would show
support is if the project was based on the
extraordinary costs of operating a waste-
water system in Lake Tahoe.
There may be funds available that were set
aside for environmental programs that were
not used. A series of projects that would
qualify for use of these funds may be sup-
ported by senate providing the projects are
ready to go quickly. Manager Baer suggest-
ed the emergency power project may qualify
as extraordinary costs.
Attorney Sate reported on two items:
(1) Dale is trying to determine why there
is a sense of hostility from Nevada towards
the District;
(2) Reviewed how revisions to the Brown Act
will affect the agenda.
5:35 PM
5:49 PM
6:00 PM
It was the consensus of the Board to
direct staff to pursue final negotiations
for the transfer of real property in the
acceptance of a long term lease with
VanSickle for the Stateline Storage Tank
Site under the terms outlined in the
negotiation letters (correspondence from
Sare dated 3/21/94 and Mr. Sheerin's res-
ponse dated 4/12/94).
STAFF REPORTS
(continued)
MEETING BREAK
RESUME MEETING ANDADJOURN-
MENT TO EXECUTIVE SESSION
RECONVENE TO REGULAR
BOARD MEETING
Pursuant to Government
Code Section 54956.8/Real
Property Negotiations -
VanSlckle Property
ST055534
REGULAR BOARD MEETING MINUTES - APRIL 21, 1994 PAGE
2) McDonald's Site: The City Redevelop-
ment Agency will deed the District the
50' x 50' piece of property that was a
part of the original agreement. The
District will provide McDonald's with some
easements on the corners of their driveway.
The property is specifically to be used for
a pump station; if in the event the District
no longer needs the property, the ownership
will revert back to the City at fair market
value;
3) Federal Funding for Wastewater Improve-
ments: The League does not support the
District receiving funding for wastewater
projects. The only way they would show
support is if the project was based on the
extraordinary costs of operating a waste-
water system in Lake Tahoe.
There may be funds available that were set
aside for environmental programs that were
not used. A series of projects that would
qualify for use of these funds may be sup-
ported by senate providing the projects are
ready to go quickly. Manager Baer suggest-
ed the emergency power project may qualify
as extraordinary costs.
Attorney Sare reported on two items:
(1) Dale is trying to determine why there
is a sense of hostility from Nevada towards
the District;
(2) Reviewed how revisions to the Brown Act
will affect the agenda.
5:35 PM
5:49 PM
6:00 PM
It was the consensus of the Board to
direct staff to pursue final negotiations
for the transfer of real property in the
acceptance of a long term lease with
VanSickle for the Stateline Storage Tank
Site under the terms outlined in the
negotiation letters (correspondence from
Sare dated 3/21/94 and Mr. Sheerin's res-
ponse dated 4/12/94).
STAFF REPORTS
(continued)
MEETING BREAK
RESUME MEETING ANDADJOURN-
MENT TO EXECUTIVE SESSION
RECONVENE TO REGULAR
BOARD MEETING
Pursuant to Government
Code Section 54956.8/Real
Property Negotiations -
VanSickle Property
ST055534
REGULAR BOARD MEETING MINUTES - APRIL 21, 1994 PAGE - 6
It was the consensus of the Board to
authorize Attorney Sate to reject the
$24,000 offer by Manuel Brothers, and to
extend the District's offer of $12,000
until the next Board meeting on May 5th.
No direction received.
6:04 PM
7:05 PM
Pursuant to Government Code
Section 54956.9(b) (1)/
Manuel Brothers, Inc.
Pursuant to Government Code
Section 54956.8/Real
Property Negotiations -
McDonald's
ADJOURNMENT TO EXECUTIVE
SESSION
Litigation File #SV93-3240/
BOTTINI ET AL VS. STPUD
RECONVENE TO REGULAR
BOARD MEETING
ITEMS BROUGHT FORWARD FOR ACTION AFTER EXECUTIVE SESSION
Moved Mason/Second Mosbacher/Jones
Voted No/Passed to approve the modificata-
tions to the Legal Services Agreement as
presented by Attorney Clifford that states
"District may also terminate firm without
cause and without compensation except as to
the reasonable value of firm's services up
to the time of the termination. But in the
event of termination without cause, both
District and firm hereby reserve all rights
under the applicable California law at the
time of any such termination."
Moved Mason/Second Mosbacher/Jones
Voted No/Passed to direct Attorney Clifford
to seek a dismissal of the suit, or file a
summary judgement.
7:15 PM
ATTORNEY CONTRACT
ADJOURNMENT
DuAN~ WALLT~L~E, PRESIDENT OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
KATHY' S~P, ASSIST~T CLERK OF BOARD
SOUTH T~OE PUBLIC UTILITY DISTRICT
ST055535
DATE:
BOARD MEETING
GUEST SIGN-IN SHEET
COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY,
AND IS NOT A PRECONDITION FOR ATTENDANCE,
IN ACCORDANCE WITH THE BROWN ACT.
F'
ST055536