2003 08-07SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
James R. Jones, President
Duane Wallace, Director
BOARD MEMBERS
Mary Lou Mosbacher, Director
Edc W. Schafer, Vice President
Tom Comte, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUGUST 7, 2003
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session,
August 7, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake
Tahoe, California.
BOARD OF DIRECTORS:
President Jones, Directors Schafer, Comte,
Mosbacher. Director Wallace arrived at 2:20 P.M.
ROLL CALL
STAFF:
Solbrig, Sharp, McFarlane, Bird, Cocking, Schroeder,
Zaninovich, Brown, Hoggatt, Attorney Kvistad
GUESTS;
Rob Brueck/Parsons, Lyn Barnett/TRPA (Tahoe Regional
Planning Agency), Edka Lovejoy/Lahontan,
Lew Feldman
Staff requested Consent Item g. (Highway 50 Waterline
Replacement Project: Phase 1) be removed from the
agenda. This item will be placed on a future agenda for
Board consideration.
Moyed Mosbacher I Second Comte i Wallace Absent !
Passed to approve the Consent Calendar as amended:
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
CONSENT CALENDAR
REGULAR BOARD MEETING MINUTES - AUGUST 7, 2003
PAGE- 2
Geo-Referencing Survey Services: Phase 2 -
Approved the proposal from Tri State Surveying,
LTD., to Complete Task Order Nos. 3, 4, 5, 6,
and 7, in the Estimated Amount of $71,010;
CONSENT CALENDAR
(continued)
Purchase of a Propane Vaporizer- (1) Authorized
exception to bidding procedures as outlined in the
purchasing policy for sole source purchases; and
(2) Approved purchase of package propane vaporizer
from Ransome Manufacturing in the amount of
$37,460, plus tax and freight;
Purchase of New Generator for Trout Creek Pump
Station - (1) Waived minor bid irregularity; and
(2) Awarded contract to the lowest responsive,
responsible bidder, Nevada Energy Systems, in the
amount of $23,886.56;
Purchase of New Portable Generator - (1) Waived
minor bid irregularity; and (2) Awarded contract to the
lowest responsible, responsive bidder, Nevada
Energy Systems, in the amount of $56,325.56;
Flagpole and Elks Club Wells - (1) Authorized
exception to the bidding procedures as outlined in
the purchasing policy for sole source purchases; and
(2) Authorized pre-purchase of two pitless adapter
units from Baker Manufacturing in the approximate
amount of $13,227 each ($26,454 total);
Flagpole and Elks Club Wells - Approved Task Order
to Western Botanical Services for revegetation
consulting services in the amOunt of $1,445;
g. Item Removed from the Agenda;
h. Highway 50 Waterline Replacement: Phase 2 -
Authorized execution of agreement with Turner &
Associates, Inc., for surveying consultant services
in an amount not to exceed $9,640;
Glenwood Well Reconstruction Project- (1) Approved
project Closeout Agreement and Release of Claims;
and (2) Authorized staff to file a Notice of Completion
with the El Dorado County Clerk;
REGULAR BOARD MEETING MINU ! I=S - AUGUST 7, 2003 PAGE - 3
Oo
Conversion from Elemental Chlorine to Hypochlorite
Disinfection - Approved Task Order No. 43 to AMEC
Earth and Environmental, Inc., for a soils evaluation
in the amount of $6,000;
Conversion from Elemental Chlodne to Hypochlodte
Disinfection - Approved Task Order No. 60 to Carollo
Engineers for providing services in locating the new
sodium hypochlorite storage and distribution facilities
in the amount of $31,000;
Lake Tahoe Boulevard and Corneilan Waterline
Replacement Project - Approved Change Order No. 1
to White Rock Construction in the amount of $42,890.24;
Topographical Contour Mapping of Diamond Valley
Ranch and Indian Creek Watershed - Approved
proposal from Kennedy / Jenks Consultants for five-
foot contour mapping in the amount of $12,500;
Boundary Survey of Diamond Valley Ranch - Approved
proposal from Kennedy/Jenks Consultants for boundary
survey for Diamond Valley Ranch in the amount of
$25,400;
Temporary Employment Services for Water Educators -
Authorized increase to Purchase Order No. P13733 for
a total of $27,000;
Unpaid Assessments - Adopted Resolution No. 2771-03
authorizing delinquent accounts to be added to the
2003/04 County Tax Assessor's Roll;
Adopted Regular Board Meeting Minutes:
June 19, 2003.
Adopted Regular Board Meeting Minutes:
July 17, 2003.
2:05 P.M.
2:20 P.M.
CONSENT CALENDAR
(continued)
ADJOURNED TO CLOSED
SESSION
RECONVENED TO REGULAR
SESSION
REGULAR BOARD ME,' liNG MINUi ES - AUGUST 7, 2003
ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
NO reportable Board action
pAGI= - 4
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., ClV S-02-0238
MLS JFM United States District
Court for the Eastem District of
California, Sacramento, CA
' ~ ' '' i'T"Ms FOR BOARD ACTION
2:20 P.M. - Director Wallace arrived at this point in
the meeting.
A new alternate to the purveyor representative must
be appointed due to the resignation of former director,
Cathie Becker. The term of office expires January 31,
2006.
EL DORADO COUNTY WATER
AGENCY BOARD OF DIRECTORS:
PURVEYOR ALTERNATE
REPRESENTATIVE
Moved Wallace / Second Mosbacher / Passed,
~ to appoint Director Tom Comte to serve
as alternate purveyor representative.
Moved Wallace I Second Schafer I Passed Unanimously,
to approve payment in the amount of $1,822,927.28.
Director Wallac~.. reported the Lake Tahoe Basin
Restoration Forum will be held August 11.
PAYMENT OF CLAIMS
BOARD MEMBER REPORTS
Director Schafer stated his displeasure over the Unit Fee
Schedule in AMEC's task order. Their cost for mileage
far exceeds the IRS allowable limit.
Director Mosbacher reported on four items:
1) She thanked Dennis Cocking for the article in
the newsletter about the Helping Hands Program.
2) She requested that the District's representatives
in Washington D.C. verify the areas we requested
were removed from the Wilderness Bill.
3) Alpine County's ordinance pertaining to wells was
pulled from the agenda for revisions. It is her hope new
language can be inserted stating that wells cannot
REGULAR BOARD MEETING MINUY£S - AUGUST 7, 2003 PAGE -
be located within 100 feet of any land that is being
irrigated with recycled water.
4) In response to her question regarding the BBQ
trailer operating at the Meyer's Roadrunner, Lyn
Barnett stated the operation was issued a cease and
desist order by TRPA for failure to secure a permit.
BOARD MEMBER REPORTS
(continued)
President Jones reported he will attend the National
Groundwater Association conference starting on August 19
and will miss the August 21 Regular Board meeting.
ITEMS FOR BOARD ACTION
President Jones opened the Public Hearing at 2:35 P.M.
Notice of this hearing, including a Resolution of Intention,
were published in the Tahoe Daily Tribune. The
Resolution was also posted on each parcel.
PUBLIC HEARING: MEADOW
CREST DRIVE PROPERTY
ACQUISITION
The District proposes to exchange the Al Tahoe Access
Road property located near Al Tahoe Boulevard and a
small parcel located at the intersection of Viking Road and
Lake Tahoe Boulevard for a portion of Meadow Crest
Drive, owned by the City. The City approved the ex-
change of real properties with the District and execution
of the Exchange Agreement, subject to final negotiation
and approval of the terms by City staff and legal counsel,
at its July 15, 2003, City Council Meeting.
The District's Board of Directors approved a Resolution
of Intention to Exchange Real Properties with the City
at its July 17, 2003, Board meeting. The purpose of the
Public Hearing is to hear protests, if any, to the proposed
exchange of real properties with the City.
District staff and legal counsel requested authorization
to negotiate with the City a maintenance agreement to
define the maintenance responsibilities for that portion
of the access road into the ballfields. This may be in-
cluded in the Exchange Agreement or be done as a side-
letter. Short-term maintenance will be taken care of by the
City (i.e. street sweeping, seal coating, striping lines, etc.).
The District would take care of snow removal on the access
road and any future long-term overlay. The maintenance
agreement can be revisited if the uses of the field change
in the future.
No public comments or protests were received. President
Jones closed the Public Hearing at 2:40 P.M.
REGULAR BOARD MEETING MINUTES - AUGUST 7, 2003
PAGE-6
Attorney Kvistad will prepare the language for the main-
tenance agreement. It will either be included as part of
the Exchange Agreement or as a side letter to the agree-
ment. Kvistad pointed out that once the transfer occurs,
there is still a small portion near Al Tahoe Boulevard
owned by California Tahoe Conservancy (CTC) that the
road crosses that is not on the District's land. This must
still be worked out with the CTC and may require a lot line
adjustment.
Moved Mosbacher / Second Wallace / Passed
~ to authorize execution of Exchange Agree-
ment, including the maintenance obligations either in the
agreement or separate, subject to staff and legal counsel
review.
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.
At the July 17, 2003, Board meeting, the adequacy of the
Final Environmental Impact Report (EIR) under CEQA
was certified. The District is now proposing to construct
Alternative E. For each significant impact identified in
the EIR, a Finding must be made as to the mitigation
measures incorporated into the proposed project, a
Statement of Overriding Considerations and Resolution
must be adopted which demonstrate the infeasibility of
lessening those impacts. Rob Brueck, Parsons, explained
any alternative selected would have required Findings
and a Statement of Overriding Considerations. They
would have just been different for each alternative.
Lyn Barnett, TRPA, spoke to the Board regarding the
TRPA Governing Board hearing and members' concerns,
and mitigation related to old growth forests
Diretor Wallace stated TRPA approval in August is critical
and encouraged Board members to attend the August 27
Governing Board meeting. He thanked Lyn Barnett for
his work on the District's behalf.
Moved Comte / Second Schafer / Mosbacher Abstained/.
Passed to adopt Resolution 2772-03 approving the B-linu
Phase 3 export pipeline replacement project with Findings
and Overriding Considerations for Alternative E.
PUBLIC HEARNG: MEADOW
CREST DRIVE PROPERTY
ACQUISITION
(continued)
B-LINE: PHASE 3 EXPORT
PIPELINE REPLACEMENT
REGULAR BOARD MEETING MINUH=S - AUGUST 7, 2003 '" ' PAGE - 7
Southwest of Harvey place reservoir, Chds Gansberg
owns approximately 1,900 acres of property which are
encumbered by the Diamond Ditch Agreement for use
in connection with the diversion facilities for Indian Creek.
However, only a small portion of this acreage is actually
used/needed for the the diversion facilities. Mr. Gansberg
also owns property near the Nevada/California border
which is entitled to receive recycled water under the terms
of the Diamond Ditch Agreement. Mr. Gansberg would like
to add additional property for potential future application
of recycled water.
DIAMOND DITCH AGREEMENT
Moved Wallace/Second Schafer/Passed Unanimously
to approve a modification to the Diamond Ditch Agree-
ment to: 1) Delete all but 40 acres of Mr. Gansberg's
property from being encumbered for use in connection
with the diversion facilities; and, 2) Add approximately
166 acres of property owned by Mr. Gansberg for
potential future application of recycled water.
General Mana,qer: Richard Solbrig reported interviews
for the Assistant General Manager position will take
place August 28 and 29.
3:45 P.M.
GENERAL MANAGER REPORT
ADJOURNED TO CLOSED
SESSION
4:35 P.M.
RECONVENED TO REGULAR
SESSION
ACTION I REPOR~r ON ITEMs DlSbUSSED DURING CLOSED SESSION
No reportable Board action.
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.(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 - AUGUST 7, 2003
PAGE- 8
No reportable Board action
No reportable Board action
No reportable Board action
No reportable Board action.
4:35 P.M.
Kathy Sharp,Clerk of the Board
South Tahoe-Public Utility District
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., ClV S-02-0238
MLS JFM United States District
Court for the Eastern District of
California, Sacramento, CA
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)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. Lakeside Park
Association, et al., County of El
Dorado, Superior Court Case
No. SC20010165
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
ADJOURNMENT,
Jc~mes R. Jones, Bqard President
~/~th Tahoe Pu~/¢ Utility District
_~ 8~
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