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2003 08-21SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" James R. Jones, President BOARD MEMBERS Mary Lou Mosbacher, Director Eric W. Schafer, Vice President Tom Comte, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AUGUST 21, 2003 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, August 21, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: Vice President Schafer, Directors Wallace, Comte, Mosbacher. President Jones was excused due to District business. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Frye, Coyner, Hoggatt, Thiel, Hydrick, Swain, Eddy, Attorney Kvistad GUESTS: Nancy MarzokolLeadership Lake Tahoe Program, Brad Vidro/City of South Lake Tahoe, Dale Smith and Forrest Huisman/Smith Design Group Nancy Marzoko, Leadership Lake Tahoe Program, stated their group is raising money to donate towards the rehabilitation of Linear Park and is working with the City of South Lake Tahoe on this project. She suggested that some of the wells in that area be rehabilitated in order to provide irrigation water, and requested Board direction and technical support. COMMENTS FROM THE AUDIENCE REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 PAGE - 2 Consent Item b. was brought forward for discussion prior to Board action. Moved Comte I Second Mosbacher I Jones Excused ! Passed. to approve the Consent Calendar as amended: CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR - CONSENT CALENDAR ao Flagpole and Elks Club Well Control Buildings - Authorized Change Order increase to Fast Fabricators, Inc., for Purchase Order No. P13827, in the amount of $6,184; b. See Consent Items Brought Forward; Statement of Investment Policy - Adopted Resolution No. 2773-03 establishing policy for management of District investments, superseding Resolution Nos. 2619, 2664, 2687-98, 2703-99, 2714-00, 2730-01, and 2749-02; do Deferred Compensation Plan Document Restatement - Adopted Resolution No. 2774-03 restating all previous plan documents since the plan's original adoption on September 1, 1977, superseding Resolution Nos. 2581, 2582, 2663, 2731-01, 2751-03, 2754-03; e. Capital Outlay Accounts Rollover- Authorized staff to direct rollover funds budgeted in 2002-2003 fiscal year to the 2003-2004 fiscal year; f. Unpaid Assessments - Adopted Resolution No. 2775-03 authorizing delinquent accounts to be added to the 2003/2004 County Tax Assessor's Roll amending Resolution No. 2771-03. CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION Director Mosbacher received clarification regarding wording in the license agreement. Moved Comte / Second Mosbacher / Jones Excused ./. Passed to authorize execution of agreement between El Dorado County and the District to install, maintain, and operate two small County weather stations. INSTALLATION OF WEATHER STATIONS AT LUTHER PASS PUMP STATION AND COUNTRY CLUB TANKS (Consent Item b.) REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 PAGE - 3 ITEMS FOR BOARD ACTION Lisa Coyner reported on the request received from property owner, Mrs. Alien, for reimbursement of costs that will be incurred to replace her sewer lateral. The property, located on Tamarack Avenue, is being remodeled. As a result, and in accordance with the District Administrative Code, a sewer air test was performed on the sewer lateral, which failed. When the test was performed, it was discovered that SBC placed their fiber optic cable on the lateral and damaged it. SBC will pay to replace that section, but the rest of the lateral located in the public right-of-way does not pass the test. The property owner contends that since the lateral is in the public right-of-way, replacement of that section should be the District's responsibility. CUSTOMER REQUEST RECEIVED FROM ALLEN / EVANS, APN 27-313-131-0 In response to the property owner's request that Administrative Code Section 1.1.113 be reviewed for fairness, Coyner outlined the history of why the Administrative Code Section 1.1.113 defines a sewer lateral as being the homeowner's responsibility from the house to the District's sewer main. The Operations Committee reviewed this item and recommended upholding the District's Administrative Code. Staff recommended the property owner seek reimbursement from SBC for repair costs. Moved Wallace / Second Comte / Jones Excused/. Passed to uphold Administrative Code Section 1.1.113 and to direct staff to work with the property owner to develop an agreeable repair schedule. John Thiel reported three bids were received for this project. Since then, the Flagpole well test hole revealed very high arsenic levels. Thiel requested this item be removed from the agenda to allow staff time to evaluate the situation. FLAGPOLE AND ELKS CLUB WELL CONTROL BUILDINGS No Board action_ Jim Hoggatt reported four bids were received at the August 19 bid opening. PIONEER TRAIL WATERLINE 2OO3 PROJECT REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 Moved Mosbacher / Second Comte / Jones Excused/_ Passed to award bid to the lowest responsive, responuible bidder, C.B. Ebright Co., Inc., in the amount of $195,470.30. Director Mosbacher disqualified herself from participation in this item per a previously disclosed potential conflict of interest. She did not read the material associated with this agenda item, and she left the room while it was being discussed and voted on. Richard Solbrig reported he is hopeful the environmental documents and project alternative will be approved at the TRPA Governing Board meeting on August 27. In order to receive approval for the recommended alter- native, additional work, staff write-ups, and extra document printings were required. If the project is approved, permit work will need to proceed immediately with TRPA, the USFS, and Lahontan, in order to be able to include permit conditions in the construction bid documents. Moved Wallace / Second Comte / Mosbacher Abstained / Jones Excused / Passed to approve Task Order for Parsons in the amount of $43,000. Moved Mosbacher / Second Comte / Jones Excused / Passed to approve payment in the amount of $663,446.61. Water and Wastewater Operations Committee:. The committee met August 18. Minutes of the meeting are available upon request. Legislative Ad Hoc Committee;. Director Wallace reported representatives from Congressman Doolittle's office toured the B-line project site, and the Meyers landfill site off of Pioneer Trail. Administration Building Ad Hoc Committee: The committee met August 14 and discussed updates to the building plans. Director Wallace reported that El Dorado County won the County of Origin lawsuit against the State Water Board. This will protect the water rights of El Dorado County and other counties. PAGE- 4 PIONEER TRAIL WATERLINE 2O03 PROJECT (continued) B-LINE: PHASE 3 EXPORT PIPELINE REPLACEMENT PAYMENT OF CLAIMS.. BOARD MEMBERS STANDING COMMITTEE REPORTS BOARD MEMBERS AD HOC COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 John Thiel distributed project site maps to Board members. Architect Dale Smith reviewed in detail the inadequacies in the existing building and trailers, and how the sizes and needs of the new facilities were determined. Two buildings will be built - one will be a customer service facility, and the other will house the laboratory, Operations Department, and the emergency command center. He gave a Power Point presentation that showed the proposed site plan, the layout of the customer service facility, the schematic view of the lower levels of each facility and their relationships with each area. Director Comte.. reported he attended a meeting held by a woman who has been advertising by radio on the health dangers of MTBE. She stated her intention was to raise funding for research. District staff attended and did an outstanding job of answering questions and providing information. Director Wallace reported Assemblyman Leslie will conduct a town meeting in South Lake Tahoe on September 2. General Manaaer: Richard Solbrig reported on two items: 1) A letter was received from Mayor Judy Brown request- ing the District consider Linear Park as a park/recreation project and thus be able to allow water connection at a substantially reduced charge or for no charge. President Jones will assign the request to the Operations Committee to review. 2) An alert was received from ACWA urging support for AB 1051, which will preserve the ability for special districts to set fees. It was the consensus of the Board that a letter of support should be sent. Mana,qer of Water Operations;. Rick Hydrick reported on four items: the test well at Flagpole, Country Club well MTBE contamination, cleanup problems with Shell Oil Company, and the District's water conservation efforts. PAGE-$ PRESENTATION: CUSTOMER SERVICE FACILITY (Dale Smith, Smith Design Group) BOARD MEMBER REPORTS GENERAL MANAGER REPORT STAFF REPORT~ 5:00 -- 5:10 P.M. 5:10 P.M. MEETING BREAK ADJOURNED TO CLOSED SESSION REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 6:35 P.M. ~ PAGE- 6 RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action,. Pursuant to Government Code Section 54956.9(c)/Conference 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. John Breese Mumford, et al., El Dorado County Superior Court Case No. SC20020030 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 District of California, Sacramento, CA .... REGULAR BOARD MEETING MINUTES - AUGUST 21, 2003 PAGE - 7 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 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. No reportable Board action., 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 6:35 P.M. ADJOURNMENT ~ t Kathy Sharp, ~rk of the Boar(] South Tahoe Public Utility District ~z ~0 oo o~_ n~ 0 0 0 Z