2003 09-18SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
James R. Jones, President BOARD MEMBERS Eric W. Schafer, Vice President
Tom Comte, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
SEPTEMBER 18, 2003
MINUTES
The Board of Directors of the South Tahoe Public Utility Distdct met in a regular session,
September 18, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake
Tahoe, California.
BQARD OF DIRECTORS:
President Jones, Directors Wallace, Schafer, Comte.
Director Mosbacher arrived at 2:20 p.m.
ROLL CALL
STAFF:
Solbdg, Sharp, McFarlane, Coyner, Cocking, Bird,
Zaninovich, Henderson, Attorney Kvistad.
GUESTS:
Dorothy Weinstein, John Upton/South Tahoe
Recreation Facilities JPA
Staff requested Consent Item a. (Sludge Handling and
Odor Control Facilities) be removed from the agenda.
This item will be placed on a future agenda for consid-
eration.
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
Consent Item c. was brought forward for discussion
prior to Board action.
Moved. Comte I Second Wallace / Mosbacher Absent. I
Passed to approve the Consent Calendar as amended:
CONSENT CALENDAR
REGULAR .......... S'EPTEM~R ........ PAGE 2
BOARD MEETING MINUTES - 18~ 2003 -
item removed from the agenda;
Flagpole and Elks Club Well Ddlling Project -Approved
Change Order No. 1 to Zim Industries, Inc., in the
amount of $41,503.25;
CONSENT CALENDAR
(continued)
c. See Consent Items Brought Forward;
d. Approved Regular Board Meeting Minutes:
August 21, 2003.
"CONSENT ITEMS BROUGHT FORWARD FOR ~CUS$1ON I AC~ON '
Richard Solbrig reported the Bakersfield Well must be
treated for MTBE, and possibly arsenic. Distdct staff
pilot tested granular activated carbon and advanced
oxidation, both of which are suitable for treatment
technologies. The U.S. Filter's granular activated carbon
process proved to be the best technology for removing
MTBE at the current and anticipated levels at Bakers-
field Well. This technology may also reduce arsenic to
below the current federal standard.
BAKERSFIELD WELL TREATMENT
(Consent Item c.)
There are no other companies that offer the type of
granulated activated carbon treatment process used by
U.S. Filter. As a result, competitive bidding would not
affect the final result nor produce any competitive
advantage. Consequently, the District is best served by
entedng into negotiations with U.S. Filter for a MTBE
treatment system at the Bakersfield Well.
Resolution No. 2777-03 was read aloud, authorizing
an exemption from competitive bidding procedures,
and including findings to justify this action.
Moved Wallac.,~..I ~econd 8chafer I Mosbecher Absent/.
Passed to adopt Resolution No. 2777-03 authorizing
District staff to negotiate with U.S. Filter for treatment of
MTBE, and possibly arsenic, at the Bakersfield Well in
lieu of competitive bidding.
""" ITEMS FOR BOARD ACTION
Lisa Coyner reported property owner, Dorothy Weinstein,
requested to appear before the Board to seek relief from
her excavation and plumbing bills incurred for one of her
CUSTOMER REQUEST RECEIVED
FROM DOROTHY WEINSTEIN,
APN :~5-413-08 .
REGULAR BOARD MEETING M'iNUTI~$- SEPTEI~,BER 18, 2003'"
PAGE -
3
homes in South Lake Tahoe. Ms. Weinstein added an
additional bathroom to her home, and as a result, and in
accordance with District Administrative Code, a sewer air
test was performed on her sewer lateral. The lateral failed
the air test and had to be repaired or replaced.
CUSTOMER REQUEST RECEIVED
FROM DOROTHY WEINSTEIN,
APN 25-4~ 3-08
(continued)
Ms. Weinstein inadvertently approved for the work to be
done by a local pluming company and excavation company.
Once the work was completed, she received a far greater
bill than expected. She requested the District assume
responsibility for the costs incurred to replace her sewer
lateral.
(2:20 p.m. - Director Mosbacher ardved at this point in
the meeting.)
Coyner stated the sewer lateral air test requirements are
stamped on plans and an acknowledgement is signed
prior to any work being done. The requirement for air
testing has been in force for years, but the code was
amended in Apdl 2003 after a technical review committee
was formed, which included local contractors and plumbers,
to review and cladfy this section of the administrative code.
The District's requirements are much more lenient when
compared to the practices of other sewer agencies.
Coyner recommended the Board uphold the requirements
as stated in the Administrative Code.
After considerable discussion, it was the consensus of the
Board that reimbursing Ms. Weinstein for costs incurred
was not the District's obligation. Staff was directed to see
if assistance can be provided to Ms. Weinstein in con-
tacting her homeowner's insurance company.
No Board action.
Nick Zaninovich reported two bids were received for
this project at the September 16 bid opening.
ELKS CLUB WELL C, ONTROL BUILDING
Moved Schafer / Se.cond Mosbacher I pas.s,,.ed.
Unanimously to award the bid to the lowest responsive,
responsible bidder, White Rock Construction, Inc.,
in the amount of $588,165.
Note: Director Mosbacher no longer has a conflict of
interested related to the B-line Phase 3 export pipeline
project. The pipeline route that was selected does not
impact her property on Grass Lake Road. She can now
B-LINE: PHASE 3: EXPORT PIPELINE
REPLACEMENT
participate in discussions and vote on future matters
related to this project.
Richard Solbdg stated the TRPA permit for this project
was received. The number of trees that will be cut has
been reduced.
B-LINE PHASE 3: EXPORT PIPELINE
REPLACEMENT
(continued)
Moved ~omte ! Second Wallace../Pa~ed Unanimously
to authorize staff to advertise for bids for the construction
of Alternative E pipeline route.
Moved Comte I Second Wallace i Passed Unanimously
to approve payment in the amount of $1,338,745.61.
PAYMENT OF CLAIMS
Financ~ (;omrnittee: The committee met September 18.
Topics of discussion included: grants, auditors, June 30
financial statements, electronic authorization security
measures, and escalating medical claims.
BOARD MEMBERS STANDING
COMMITTEE. REPORTS
Water and Wastewater Ooerations, Committee: The
committee met September 15. The main discussion
revolved around sewer lateral air testing requirements. A
workshop on this issue may be held in the fall. Minutes of
the meeting are available upon request.
Directors Wallace and Comte attended the September
12 Board meeting. Topics of discussion included the
agency's budget, and El Dorado County's involvement
in SMUD relicensing.
EL DORADO COUNTY WATER
PURVEYOR REPRESENTATIVES
REPORT
The County Water Agency will relocate to their new
offices in Shingle Springs. Jack Sweeney was selected
to fill the vacant seat on the Board.
Director M0sbacher reported the proposal by the Bureau
of Land Management to assess a fire fighting parcel fee
on all land was signed into law. Public land was exempted
by the legislation. A lawsuit against the Governor is under-
way.
BQARD MEMBER REPORT~)
General Mana,qer: Richard Solbdg reported on options
and ideas developed to respond to the heavy workload
the Inspections Department is experiencing. Requests
for commercial plan reviews are ovenehelming.
GENERAL, MANAGER REPORT
REGULAR BOARD MI::I=TING MINUTES- SEPTF. MBER 18, 2003 PAGE
ITEMS FOR BOARD ACTION
The District is exchanging a portion of the Al Tahoe
access road for Meadow Crest Ddve pursuant to the
Exchange Agreement previously approved by the Board.
After the property exchange is complete, the City will own
the portion of the Al Tahoe access road from Al Tahoe to
the turnoff to the ballfield access (except for a small
triangular piece of property at Al Tahoe that is still owned
by the CTC). Prior to executing the Exchange Agreement,
the City has requested that the Distdct enter into a main-
tenance agreement concerning the access road. Attorney
Kvistad stated the agreement is subject to change depending
on comments received from the City Attorney and staff.
AL TAHOE ACCESS ROAD AND
MEADOW CREST DRIVE
PROPERTY EXCHANGE .. .
Moved Wallace I Second ~chafer I passed Unanimously
to authorize execution of the Road Maintenance Agreement,
subject to negotiation with the City of the final terms and
conditions by District staff and legal counsel.
The improvements required to utilize the access road are
complete except for construction of the left hand turn lane
from A! Tahoe Boulevard onto the access mad. The JPA
is responsible for the construction of the left hand turn
lane but is not able to timely bid and construct the improve-
ments this year. District staff recommended entering into
a reimbursement agreement with the JPA. The agreement
would provide for the District to construct the left hand
turn lane improvements in the Al Tahoe Boulevard and
the JPA would reimburse the District the cost of constructing
the improvement. This arrangement will allow the District
the early use of the road and left turn lane.
AL TAHOE ACCESS ROAD
John Upton stated partial reimbursement for the costs
can be made immediately; however, due to the the way
the bond measure was structured, the maintenance money
will not be available until the spring/summer of 2004. He
stated full payment will be made by August 31, 2004. If
payment is not made by then, five percent interest will be
added.
Moved Wallace / Second $chafer I Passed Unanimously
to authorize execution of Reimbursement Agreement
subject to final negotiations by District staff and legal
counsel, including the terms as described above.
3:50 - 4:00 P.M. MEETING BREAK
REGULAR BOARD MEETING MINUYE$ - SEPTEMBER '18, 2003 ' " PAGE - 6
4:00 P.M.
ADJOURNED TO CLOSED
SESSION
6:00 P.M.
RECONVENED TO REGULAR
SESSION
' ' 'AC~ON / REPORT'ON ITEMS blSCUSSED DURING cL'dsrD SESSioN'" ' '
No. reportable Board acti,on.
Pursuant to Government Code
Section 54956.(a)iConference with
Legal Counsel - Existing Litigation:
STPUD vs. John Breese Mumford,
et al., El Dorado County Supedor
Court Case No. SC20020030
NO reportable Board action.
Pursuant to Government Code
Section 54956.9(c)iConference with
Legal Counsel- Anticipated Litigation:
Pioneer Trail Waterline
Replacement, Near Filter Plant
NO reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation:
Ronald Rasmussen vs. Dr. Bruce
Daugherty, Tamarack Rentals, Villa
Tahoe Condominiums 1-75, Case No.
SC20010082, Superior Court of
El Dorado County . ,
NO reportable Board action.
Pursuant to Government Code
Section 54956(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(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 Distdct of
(;alifornia,. Sacramento, CA
REGULAR,BOARD,MEEtING, MINUTES,-SEPTEMBER 18~ 2003
No reportable Board action.
No ,reportable B0ard,.,acti0n.
6:00 P.M.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation
re: Meyers Landfill Site: United
States of America vs. 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 54957.6(a)lConference with
Legal Counsel - Existing Litigation:
STPUD vs. Lakeside Park
Association, et al., County of El
Dorado, Supedor Court Case
No. SC200!0165 .....
AD~IOURNMENT
ATTEST:.~..-~.~---/~ .~..,~,~-~/~ .~ ~
Ka~y Sharp,~.~lerk of the I~d
South Tahoe Public Utility District
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