2002 03-21SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Robert G. Baer General
Duane Wallace, President
BOARD MEMBER
Richard ~,ssistant er
James R. Jones, Vice President
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
MARCH 21, 2002
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 21,
2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California.
BOARD OF DIRECTORS:
President Wallace, Directors Becker, Jones, Schafer,
Mosbacher.
ROLL CALL
STAFF:
Solbrig, Sharp, McFarlane, Cocking, Bird, Zaninovich,
Brown, Attorney Kvistad
GUESTS:
Gary Midkiff / Midkiff & Associates, Inc. Consultants,
Joyce Blackstone
Consent Items b., d., and e. were brought forward for
discussion prior to Board action.
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
Moved Mosbacher I Second Schafer/Passed
Unanimously to approve the Consent Calendar as
amended:
CONSENT CALENDAR
REGULAR BOARD MEETING MINUTES - MARCH 21, 2002 PAGE - 2
Alpine County's Summer 2002 Fish Purchases -
Authorized payment to Alpine County in the
amount of $30,000;
CONSENT CALENDAR
(continued)
b. See Consent Items Brought Forward;
Glenwood Replacement Well - Authorized staff
to file a Notice of Exemption with the El Dorado
County Clerk;
d. See Consent Items Brought Forward;
e. See Consent Items Brought Forward;
f. Approved Special Board Meeting Minutes:
March 6, 2002;
g. Approved Regular Board Meeting Minutes:
March 7, 2002.
ITEMS FOR BOARD ACTION
The District owns two properties in the Lakeside Lodge
subdivision for Blackrock Wells, APNs 029-075-111 and
029-075-131. Project proponents for Applebee's
are seeking to amend the Covenants, Conditions, and
Restrictions (CC&Rs) for the subdivision to delete a
restriction that prohibits the sale of spirits and malt liquor.
A majority of the lot owners subject to the CC&Rs must
approve the amendment in order for Applebee's to open
their restaurant. Gary Midkiff, project consultant, ex-
plained the request to the Board.
DISTRICT PROPERTY LOCATED
NEAR PROPOSED APPLEBEE'S
NEIGHBORHOOD RESTAURANT
& GRILL
The proposed amendment has been reviewed by District
staff and legal counsel. There does not appear to be any
apparent impacts on the District's property.
Moved Schafer / Second Jones / Passed Unanimously
to authorize execution of Amendment to Declaration of
Restrictions requested by project proponents to allow
their restaurant to serve alcoholic beverages.
Moved Schafer / Second Becker / Passed Unanimously
to approve payment in the amount of $525,142.46.
PAYMENT OF CLAIMS
REGULAR BOARD MEETING MINUTES - MARCH 2t, 2002
PAGE - 3
CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION
(Consent Items b. and d. were combined for the
purpose of this discussion and Board action.)
Director Mosbacher asked for and received
clarification regarding the funding for these projects.
Moved Mosbacher / Second Wallace / Passed
Unanimousl~ to: (1) Approve amendment to Task
Order No. 21 to Boyle Engineering in the amount of
$21,020 for the Arrowhead Well No. 3 Treatment
Project; and (2) Authorized staff to enter into an
agreement with the City of South Lake Tahoe to
advertise for bids to construct the remainder of the
14-inch water main in Transit Way and the intertie
on Popular Street.
Director Jones received clarification that filing a law suit
is discretionary, not a requirement.
Moved Jones / Second Mosbacher / Passed Unanimously
to approve District statement of support.
Water and Wastewater Operations Committee: The
committee met March 18. Minutes of the meeting are
available upon request.
Federal Legislative Ad Hoc Committee: President Wallace
stressed the importance of sharing communications with
both of the District's Washington D. C. representatives.
ARROWHEAD WELL NO. 3
TREATMENT PROJECT
(Consent Item b.)
CITY OF SOUTH LAKE TAHOE
VAN SICKLE ROAD AND TRANSIT
WAY STREET
(Consent Item d.)
ASSEMBLY BILL NO. 2071:
GROUNDWATER PROTECTION
(Consent Item e.)
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER AD HOC
COMMITTEE REPORTS
President Wallace reported he was officially sworn in as
a County Water Agency Board member. He will serve
as a liaison to the Mountain Counties Water Resources
Association.
Director Mosbacher reported she attended a meeting
where the Blue Ribbon Coalition spoke of its opposition
to Senator Boxer's wilderness plan. Lukins Water Agency
has expressed interest in joining the District in opposing
the wilderness plan.
Assistant ManaQer / En.qineer: Richard Solbrig reported
the pump at Arrowhead Well No. 3 MTBE treatment facility
EL DORADO COUNTY WATER
AGENCY PURVEYOR REPRE-
SENTATIVES REPORT
BOARD MEMBER REPORTS
STAFF REPORTS
REGULAR BOARD MEETING MINUTES - MARCH 21, 2002
PAGE - 4
was changed out. Dennis Cocking stated the media has
expressed interest in this project. He sent press advisories
to six engineering trade publications.
District Information Officer: Dennis Cocking reported on two
items:
1) ACWA may be taking a position regarding the Governor's
MTBE phaseout extension of the executive order.
2) He reported on meetings held with Assembly Member
Leslie and Senator Oiler regarding arsenic and the state's
property tax shift.
3:00 - 3:10 P.M.
3:10 P.M.
4:00 P.M.
STAFF REPORTS
(continued)
MEETING BREAK
ADJOURNED TO CLOSED
SESSION
RECONVENED TO REGULAR
SESSION
ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION
No reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference
with Legal Counsel - Existing
Litigation: STPUD vs. ARCO, et. al.,
San Francisco County Superior
Court Case No. 999128
No reportable Board action.
Pursuant to Government Code
Section 54956.8/Conference with
Real Property Negotiators -
Negotiating Parties: Board of
Directors, Robert BaerlGeneral
Manager. Under Negotiation:
Consideration of Property
Purchase; Property Identification:
APN 1-080-80, APN 1-080-81,
APN 1-080-82, APN 1-080-56,
APN 1-080-60, APN 1-200-01,
APN 1-200-10, APN 1-200-11
REGULAR BOARD MEETING MINUTES - MARCH 21, 2002
PAGE - $
No reportable Board action. Pursuant to Government Code
Section 54956.(a)/Conference with
Legal Counsel -Existing Litigation:
F, Heise Land & Livestock Com-
pany vs, STPUD and Does 1
through 10 Inclusive; Alpine
County Superior Court Case
No. C18644
No reportable Board action.
Pursuant to Government Code
Section 54956.(a)lConference with
Legal Counsel - Existing Litigation:
F. Heise Land & Livestock Com-
pany vs. STPUD and Does 1
through 10 Inclusive; Alpine
County Superior Court Case No.
C18733
No reportable Board action.
Pursuant to Government Code
Section 54956(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. F. Heise Land & Live
Stock Company, Inc., William
Weaver, Eddie R. Snyder, Crockett
Enterprises, Inc., CiV. S-02-0238
MLS JFM United States District
Court for the Eastern District of
California, Sacramento, CA
No reportable Board action.
Pursuant to Government Code
Section 54956.9(c)lConference with
Legal Counsel - Anticipated
Litigation {one case)
No reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. Lakeside Park Associa-
tion, et al, County of El Dorado,
Superior Court Case No.
SC20010165
REGULAR BOARD MEETING MINUTES - MARCH 2t, 2002
PAGE - 6
4:00 P.M. ADJOURNMENT
Duane Wallace, Board President
South Tahoe Public Utility District
ATTEST:
Kathy sharp/~erk of the B~ard
South Tahoe Public Utility District