2003 03-20SOUTH TAHOE pUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Robert G. Baer, GeneralRichard
James R. Jones, President BOARD MEMBER
let
Eric Schafer, Vice President
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
MARCH 20, 2003
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 20,
2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California.
BOARD OF DIRECTORS: L~
President Jones, Directors Schafer, Wallace, Becker,
Mosbacher
STAFF:
Baer, Solbrig, Sharp, McFarlane, Metz, Frye, M. Alsbury,
Cocking, Donovan, W. Stanley, Adams, Thiel, Eddy, Bird,
Hussmann, D. Johnson, Coyner, Zaninovich, Hoggatt,
T. Powers, Schrempp, Swain, Schroeder, Rassmussen,
R. Johnson, Rondoni, Henderson, Brown, Thiesen, Curtis,
Bergsohn, J. Alsbury, Eckenrode, Attorney Kvistad.
Michael McLaughlin/Feldman Shaw, LLP, Millie Russ,
James Russ, Jim FergusonlFerguson Excavating,
Judy Harkins/EI Dorado County Board of Supervisors,
Justin Baer, Brian Baer, Chris Strohm
Consent Item f. was brought forward for a separate vote.
CORRECTIONS TO THE AGENDA
O.R CONSENT CA!F-NDAR
PAGE - 2
REGULAR BOARD MEETING MINUTES - MARCH 20~ 2003
Moved Mosbacher / Second Schafer / Passed
Unanimously to approve the Consent Calendar as
amended:
CONSENT CALENDAR
a. 2003 Asphalt Paving - Authorized staff to advertise
for bids for annual paving and patching needs;
Alpine County's Summer 2003 Fish Purchases -
Authorized payment to Alpine County in the amount
$30,000;
District's Bank Account at U.S. Bank - Adopted
Resolution eliminating individual names and listing
positions of persons authorized to withdraw funds
from the District's bank account, superceding
Resolution No. 2690-99 in its entirety;
District Alpine County Facilities: Temporary Help -
Approved hiring a seasonal employee, from April 1
through September 1,2003, from the Substitute
Personnel & Business Services (the Substitute) in
the amount of $2,400 per month, plus the Substitute's
administrative overhead costs;
Amendment to Resolution No. 2663 Related to the
District's Deferred Compensation Plan -Adopted
Resolution updating the trustees for the deferred
compensation plan to reflect the positions of General
Manager, Chief Financial Officer, and Director of
Human Resources;
f. See Consent Items Brought Forward;
g. Adopted Regular Board Meeting Minutes:
March 6, 2003.
CONSENT ITEMS BROUGHT FORWARD FOR'DISCUSSION I ACTION
Moved Becker / Second Schafer / Mosbacher Abstained /
Passed to approve Task Order No. 31 to Parsons, in
the amount of $24,500
B-LINE PHASE 3: EXPORT PIPE-
LINE REPLACEMENT
(Consent Item f.)
REGULAR BOARD MEETING MINUTES - MARCH 20~ 2003 PAGE - 3
ITEMS FOR BOARD ACTION
Gary Kvistad read aloud a resolution of appreciation
honoring General Manager, Robert Baer, for twenty-
five years of exceptional service and wishing him much
happiness in his retirement.
RESOLUTION OF APPRECIATION
TO ROBERT G. BAER, GENERAL
MANAGER
Moved Schafer / Second Wallace / Passed Unanimously
to adopt Resolution No. 2750-03.
John Thiel reported request for proposals for architectural
services were received and reviewed by a selection com-
mittee comprised of District staff. The committee
interviewed the top six candidates and selected the Smith
Design Group as their final recommendation. Thiel
stated the amount requested should be increased
from $25,000 to $30,000. The Operations Committee
reviewed this item and recommended approval.
ADMINISTRATION BUILDING
EXPANSION AND REMODEL
Moved Schafer / Second Becker / Passed Unanimously
to approve Task Order No. 1 to Smith Design Group for
architectural services in the approximate amount of
$30,000.
Director Jones and Schafer disqualified themselves from
participation in this item due to potential conflicts of
interest. (Director Jones has worked for this property
owner in the past; and Director Schafer's spouse is
employed by the law firm representing the property owner).
Lisa Coyner reported this issue was heard by the Planning
Committee on October 16, 2002. The property owners
requested reimbursement for excavation costs incurred
when the District required them to cap off their sewer lateral.
While the committee determined that the District was not
responsible for the excavation costs, they presented two
options regarding selling/transferring the property's sewer
unit(s).
REQUEST RECEIVED FROM
JAMES AND MILLIE RUSS FOR
REIMBURSEMENT OF
EXCAVATION COSTS RESULTING
FROM CAPPING SEWER LINE AT
MAIN DUE TO INACCURATE DIGS
MARKINGS
Michael McLaughlin, Esq., Jim Ferguson, James and
Millie Russ, and District staff described the circumstances
surrounding the excavation.
District legal counsel, Attorney Kvistad, recommended that
this agenda item be considered a claim. Sufficient information
REGULAR BOARD MEETING MINUTES - MARCH 20~ 2003 PAGE - 4
has been provided to give guidance in making a decision.
Michael McLaughlin, Esq., agreed that this should be
considered a formal claim and should include the issues of
past payment, capping of the lateral, and excavation costs.
Moved Wallace / Second Becker / Directors Jones and
Schafer Abstained / Passed Unanimously to consider this
a claim, and directed staff and legal counsel to research
this issue and present a recommendation at a future Board
meeting.
Lisa Coyner reported the purpose of this ordinance is to
adopt certain requirements and additions to the Adminis-
trative Code. It became apparent the definitions in the
Code were too convoluted to be understood by staff and
District customers. Staff has met with interested persons
and stakeholders in the community to assist in developing
the amendments and additions. Clarifications were made to
definitions of: remodeling, old sewer laterals, and existing
sewer laterals.
Moved Schafer/Second Becker/Passed Unanimously
to enact Ordinance No. 484-03, amending the Adminis-
trative Code Sections 1.1.101 and 4.3.9, and adding
Section 1.1.48, Division 3, of the Administrative Code
regarding remodeling and use of exiting sewer laterals
(including minor changes suggested by Director Schafer).
Dennis Cocking presented proposals from ENS Resources
and Impact Strategies for continued legislative advocacy
in Washington D.C. on behalf of the District. It was noted
that the dates of the contracts are not correct, and should
be effective from March 1 through December 31, 2003 (to
coincide with the congressional year). It was the consensus
of the Board to require an annual visit from both firms to
update the Board on their activities, and to include this
issue on the agenda for the November 6 regular Board
meeting.
Moved Schafer/Second Mosbacher/Passed Unanimously
to: (1) Authorize execution of contract with Impact Strategies,
L.LC. in the amount of $50,000; and (2) Authorize execution
of contract with ENS Resources in the amount of $52,280.
(Both contracts will include the date change and annual visit
as described above.)
REQUEST RECEIVED FROM
JAMES AND MILLIE RUSS FOR
REIMBURSEMENT OF
EXCAVATION COSTS RESULTING
FROM CAPPING SEWER LINE AT
MAIN DUE TO INACCURATE DIGS
MARKINGS
(continued)
ADMINISTRATIVE CODE
AMENDMENTS
2003/2004 WASHINGTON D.C.
LEGISLATIVE ADVOCACY
SERVICES
REGULAR BOARD MEETING MINUTES - MARCH 20r 2003 PAGE
Moved Schafer / Second Mosbacher / Passed Unanimously PAYMENT OF CLAIMS
to approve payment in the amount of $909,827.94.
Executive Committee: The committee met March 19
regarding existing litigation with Lakeside Park. A
report will be made during closed session.
BOARD MEMBER STANDING
COMMITTEE REPORTS
Water and Wastewater Operations Committee: The
committee met March 18. Minutes of the meeting are
available upon request.
CalPERS Pro.qram Ad Hoc Committee: The committee
met March 11. A report will be made during closed
session.
BOARD MEMBER AD HOC
COMMITTEE
Director Becker reported the agency met, but District
representatives were not able to attend. The meeting
agenda included hiring a consulting firm to do projects
that benefit the agency and El Dorado Irrigation District.
EL DORADO COUNTY WATER
AGENCY PURVEYOR
REPRESENTATIVES REPORT
Director Mosbacher reported on three items:
1 ) She attended a meeting of the Upper Truckee
Watershed Focus Group. She relayed to staff that a
consultant for the Conservancy will contact the
District regarding locating the export line that runs
through the former Sunset Stables.
BOARD MEMBER REPORTS
She also spoke to a man who intends to start a nursery
project for ecological restorations. Hal Bird may be
interested in this.
2) The Alpine County Board of Supervisors removed a
water well request from Integrated Water from their
meeting agenda.
President Jones reported on his trip to Washington
D.C. where he, along with Dennis Cocking, attended
the ACWA conference. They attended various
meetings and met with legislators. The main topic of
discussion was the proposed safe harbor in the energy
bill that would protect MTBE polluters from lawsuits
General Manager: Robert Baer reported on two items:
1 ) Baer reported on the transition process underway for
Richard Solbrig to assume duties of the General Manager.
GENERAL MANAGER / STAFF
REPORTS
REGULAR BOARD Mr:_FTING MINUTES - MARCH 20~ 200,3 PAGE - $
2) A new release of MTBE was discovered at Tahoe Tom's.
Lahontan is trying to get funding for cleanup. The sale of
MTBE gasoline has been banned at Lake Tahoe, so the
question is how could it have been a new release?
Assistant Manager: Richard Solbrig reported on two items:
1) He has been assuming many of the duties of General
Manager to prepare for the transition to Interim General
Manager on March 21.
2) He, along with Rob Bruek (Parsons), gave a presentation
to the TRPA APC regarding the B-line draft EIRJEIS.
Comments from the League to Save Lake Tahoe regarding
use of the MTBE lawsuit settlement funds to construct route
Alternative C were responded to.
5:15 - 5:20 P.M.
5:20 P.M.
6:17 P.M.
ACTION I REPORT ON ITEM DISCUSSED DURING
No reportable Board action
No reportable Board action
GENERAL MANAGER I STAFF
REPORTS
(continued)
MEETING BREAK
ADJOURNED TO CLOSED
SESSION
RECONVENED TO REGULAR
SESSION
CLOSED SESSION
Pursuant to Govemment 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., ClV S-02-0238
MLS JFM United States District
Court for the Eastern District of
California, Sacramento, CA
Pursuant to Government Code
Section 54956.(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. John Breese Mumford,
et al., El Dorado County Superior
Court Case No. SC20020030
REGULAR BOARD MEETING MINUTES - MARCH 20, 2003
PAGE - 7
No reportable Board action
No reportable Board action
No reportable Board action
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation
re: Meyers Landfill Site: United
States of America rs. El Dorado
County and City of South Lake
Tahoe and Third Party Defendants,
Civil Action No. S-01-1520 LKK
GGH, United States District Court
for the Eastern District of Ca.
Pursuant to Government Code
Section 54956.6(a)/Conference with
Labor Negotiators: Agency
Negotiators - Board of Directors;
Employee Organization -
Represented and Unrepresented
Employees
Pursuant to Government Code
Section 54957.6(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. Lakeside Park
Association, et al., County of El
Dorado, Superior Court Case
No. SC20010165
6:17 P.M.
ADJOURNMENT
>~uth Tahoe Pu ~c~lity District
K&t~y Sharp,~lerk of the Board
South Tahoe Public Utility District
REGULAR BOARD MEETING MINUTES - MARCH 20~ 2003 PAGE
Moved Schafer / Second Mosbacher / Passed Unanimously PAYMENT OF CLAIMS
to approve payment in the amount of $909,827.94.
Executive Committee: The committee met March 19
regarding existing litigation with Lakeside Park. A
report will be made during closed session.
BOARD MEMBER STANDING
COMMITTEE REPORTS
Water and Wastewater Operations Committee: The
committee met March 18. Minutes of the meeting are
available upon request.
CalPERS Program Ad Hoc Committee: The committee
met March 11. A report will be made during closed
session.
BOARD MEMBER AD HOC
COMMITTEE
Director Becker reported the agency met, but District
representatives were not able to attend. The meeting
agenda included hiring a consulting firm to do projects
that benefit the agency and El Dorado Irrigation District.
Director Mosbacher reported on three items:
1) She attended a meeting of the Upper Truckee
Watershed Focus Group. She relayed to staff that a
consultant for the Conservancy will contact the
E)i.st. ri~t, recJ.ardin~locating the export line that runs
t h-~u~~t Stables. .
~ She ................ ~, ~ ~ u
spoke to a man who intends to sta~ a nurse~ project
for ecologi~l restorations. Hal Bird may be interested
in this.
~ The Alpine County Board of Supe~isors removed
a water well request from Integrated Water from their
meeting agenda.
EL DORADO COUNTY WATER
AGENCY PURVEYOR
REPRESENTATIVES REPORT
BOARD MEMBER REPORTS
President Jones reported on his trip to Washington
D.C. where he, along with Dennis Cocking, attended
the ACWA conference. They attended various
meetings and met with legislators. The main topic of
discussion was the proposed safe harbor in the energy
bill that would protect MTBE polluters from lawsuits
General Manager: Robert Baer reported on two items:
1) Baer reported on the transition process underway for
Richard Solbrig to assume duties of the General Manager.
GENERAL MANAGER / STAFF
REPORTS
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