2003 06-19SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
James R. Jones, President
BOARD MEMBER
Eric Schafer, Vice President
Tom Comte, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
JUNE 19, 2003
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 19,
_ 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California.
BOARD OF DIRECTORS: ROLL CALL
president Jones, Directors Wallace, Schafer, Comte,
Mosbacher
STAFF:
Solbrig, Sharp, McFarlane, Cocking, Coyner, Hoggatt,
Schroeder, Nolan, Henderson, Thiel, Brown, Swain, Bird,
Zaninovich, T. Powers, Attorney Kvistad
GUESTS:
Juan Chavez
The Clerk of the Board administered the Oath of Office
to Director Tom Comte, Seat No. 1.
Consent Items e. and f. were brought forward for
discussion prior to Board action.
Moved Mosbacher I Second Comte I Passed Unanimously
to approve the Consent Calendar as amended:
OATH OF OFFICE.
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
CONSENT CALENDAR
REGULAR BOARD MEETING MINUTES - JUNE 19, 2003 PAGE - 2
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Replacement Generators - Authorized staff to
advertise for bids for replacement generators for
Trout Creek and Lower Shop area;
2003-2004 Chlorine Supplies - Awarded contract to
the lowest responsive, responsible bidder, Pioneer
Americas, LLC, in the amount of $58,143.44;
2003-2004 Sodium Hypochlorite Supplies - (1) Waived
minor bid irregularity; and (2) Awarded contract to the
lowest responsive, responsible bidder, Sierra Chemical
Co., in the amount of $19,012.50;
Johnson Pump Station Generator Set - (1) Rejected the
Iow bid received from Cashman Equipment as not
responsive; and (2) Awarded bid to the lowest
responsive, responsible bidder, Holt of California,
in the amount of $64,677.11;
See Consent Items Brought Forward;
See Consent Items Brought Forward;
Access Road: County License Agreement -
Approved changes to the license agreement and
authorized further minor changes subject to approval
by staff and legal counsel;
November 4, 2003 Consolidated District Election -
Adopted Resolution Superseding Resolution No.
2759-03 in its Entirety, Declaring an Election be
Held in its Jurisdiction, Consolidation with Other
Districts, Requesting Election Services;
Adopted Regular Board Meeting Minutes:
May 15, 2003;
Adopted Special Board Meeting Minutes:
May 19, 2003.
CONSENT CALENDAR
(continued)
CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION
Director Mosbacher received clarification regarding
the building's exterior design.
Moved Mosbacher / Second Comte / Passed Unanimously
to authorize staff to advertise for construction bids.
GARDNER MOUNTAIN SEWAGE
PUMP STATION
(Consent Item e.)
REGULAR BOARD MI=F~TING MINUTES -JUNE 19, 2003
PAGE - 3
John Thiel reported the District's Elks Club Well is located
on a small piece of property which is adjacent to Caltrans
property on Bel Air Circle. Caltrans currently owns what
was the front portion of the original parcel. Since the
agenda was published, Caltrans has agreed to sell that
portion the property for $5,000. Attorney Kvistad read
aloud additional language that will be included in the
resolution.
PURCHASE OF CALTRANS
PROPERTY ON BEL AIRE CIRCLE
(Consent Item f.)
Moved Mosbacher / Second Comte I Passed Unanimously
to adopt Resolution regarding the proposed purchase of
property.
ITEMS FOR BOARD ACTION
Rhonda McFarlane reported the Alpine County Board
of Supervisors voted 4-0 to enter into an agreement
with the District to share a full-time employee. Lynn
Nolan, the present Grant Coordinator, will fill the position
to provide grant services to both entities. A Memorandum
of Understanding (MOU) will be prepared by Alpine County
and reviewed by District staff and legal counsel. The
present agreement for Grant Services expires June 30.
Staff requested that the present agreement be extended on
a month-to-month basis until such time as the MOU is
executed.
GRANT COORDINATOR POSITION
Moved Schafer / Second Wallace I Passed Unanimously
to authorize the Board President to sign a Memorandum
of Understanding with Alpine County to share a full-time
employee with the District to provide grant services to
both entities.
At the May 15, 2003, Board meeting, staff informed the
Board of experiencing high claim costs during the first
four months of 2003, and that research would be per-
formed to determine the appropriate Plan funding level.
Staff met with the Finance Committee regarding
BB&H's recommendation that the funding per employee
be raised. Staff recommended increasing the funding
level from $725 per employee, per month, to $900 per
employee, per month, retroactive to January 1, 2003.
This will replenish diminished reserves by $98,000, and
more accurately reflect actual costs.
SELF-INSURED MEDICAL PLAN
(PLAN) FUNDING LEVEL
REGULAR BOARD ~.~FTING MINUTES -JUNE 19, 2003 PAGE -4
Moved Schafer I Second Wallace I Passed Unanimously
to authorize funding in the amount of $900 per employee,
per month, retroactive to January 1, 2003.
Debbie Henderson reported due to CalPERS funding
and increased self-insured medical plan funding, a
budget amendment is warranted.
Moved Wallace / Second Schafer / Passed Unanimously
to increase the 2003-2004 Sewer Enterprise Fund budget
by $266,300, and the Water Enterprise Fund budget by
$172,825, for 13.2% CalPERS contribution and $900 per
employee, per month, self-insured medical plan funding.
Lisa Coyner reported the Tort Claims Act was amended.
To meet the new requirements of the Act, Legal Counsel
prepared an Ordinance and Resolution to adopt tort
claims procedures and adopt the tort claim form, notices,
and claim instructions.
Moved Comte / Second Mosbacher I Passed Unanimously
to: (1) Enact Ordinance No. 485-03 adding Administrative
Code Section 2.9 adopting tort claims procedures; and
(2) Adopt Resolution adopting the tort claim form, notices,
and claim instructions.
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.
Richard Solbrig updated the Board on the certification
process for the final EIR/EIS.
No Board action.
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.
Moved Wallace / Second Schafer I Mosbacher Abstained /
Passed to approve Amendment No. 3 to Carollo Engineers
for the design of the B-line: Phase 3, in the amount of
$144,600.
SELF-INSURED MEDICAL PLAN
FUNDING LEVEL
(continued)
AMEND 2003-2004 BUDGET TO
RELECT CALPERS AND SELF-
INSURED MEDICAL PLAN
FUNDING
TORT CLAIMS
B-LINE REPLACEMENT: PHASE 3
B-LINE REPLACEMENT: PHASE 3
REGULAR BOARD Ms:;:TING MINUTES -JUNE 19, 2003 PAGE -$
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.
B-LINE REPLACEMENT: PHASE 3
Richard Solbrig reported that the original estimate has been
greatly exceeded due to the time to complete the EIR/EIS,
the number of comments received on the draft EIPJEIS, and
the number of additional tasks requested by the agencies.
Moved Wallace / Second Schafer / Mosbacher Abstained /
Passed to approve Task Order No. 27E to Parsons to
complete additional tasks for the EIPJEIS, in the amount of
$39,5OO.
Moved Schafer I Second Comte I Passed Unanimously
to approve payment in the amount of $757,710.83.
Note: This item was added by an addendum to the
agenda. All noticing requirements were met.
PAYMENT OF CLAIMS
CHRISTIANA INN GREASE
INTERCEPTOR
Lisa Coyner reported the owner of Christiana Inn met
with the Operations Committee and was informed that
a 320 gallon grease interceptor must be installed and pass
inspection by September 30, 2003, or sewer and water
service will be disconnected.
Moved Comte I Second Mosbacher / Passed Unanimously
to authorize staff to extend the installation I disconnection
date to September 30, 2003, as recommended by the
Operations Committee.
This item came to staffs attention subsequent to the
agenda being posted. A separate vote with 213
Board approval is required to add it to the agenda
for immediate discussion/action.
ADDITION TO THE AGENDA:
BOARD POLICY ON MTBE
Moved Comte / Second Mosbacher I Passed Unanimously
to add this item to the agenda.
Richard Solbrig reported Iow levels of MTBE were detect-
ed in the Bakersfield Well. The levels did not exceed the
State's detection levels; however, the separate discrete
samples did slightly exceed the non-detect level (although
not when averaged) set by the Board in the 1999 MTBE
Policy.
BOARD POLICY ON MTBE
PAGE - 6
REGULAR BOARD MEETING MINUTES -JUNE 19, 2003
The Board needs to consider if the MTBE policy should
be amended to meet state standards. If the MTBE policy
is not amended, water from the Bakersfield well may not
be able to be used, depending upon continued future test
results. The District has already been experiencing
heavier-than-normal water usage. District crews have
been frantically moving water from other zones just to
keep up with current demand. Tank levels are being
depleted and are not filling quickly; staff is concerned
that adequate reserves of water will not be available in
the event of a fire. Next weekend is the 4th-of-July, which
is when peak usage occurs. Staff needs direction in order
to address this impending situation that will reach critical
proportions before the next Board meeting.
A very lengthy discussion ensued. Board members voiced
their reluctance to accept MTBE at any level. It was the
consensus of the Board to direct staff to implement and
enforce Mandatory Stage 3 Water Restrictions immediately.
BOARD POLICY ON MTBE
(continued)
No Board action.
4:45 - 4:55 P.M.
Water and Wastewater Operations Committee: The
committee met June 17. Minutes of the meeting are
available upon request.
Director Wallace reported on his attendance at a
workshop regarding the El Dorado County Master
Plan.
Director Mosbacher reported on two items:
1 ) She attended the June 17 Alpine County Board of
Supervisors meeting where the shared grant position
was approved.
2) She requested staff look into removing the burned
trees from the District's property.
MEETING BREAK
BOARD MEMBER STANDING
COMMITTEE REPORTS
EL DORADO COUNTY WATER
AGENCY PURVEYORS
REPRESENTATIVES REPORT
BOARD MEMBER REPORTS
Director Comte was appointed to the Operations
Committee and reported on the June 17 meeting
where Christiana Inn was discussed.
General Manaaer: Richard Solbrig reported on the
request he received for the District to participate in
sharing a booth with Alpine County at the State Fair.
GENERAL MANAGER REPORT,
PAGE - 7
REGULAR BOARD MEETING MINUTES -JUNE 19, 2003
District Information Officer: Dennis Cocking reported
on two items:
1 ) He attended ACWA's legislative day in Sacramento.
While he was there, he met with Oiler, Leslie, and
Torklason re: the proposed legislation that will shift
property taxes away from special districts (AB 1224).
Torklason included an exemption for the District.
2) The Kehoe bill regarding metering will likely be
introduced again. He will seek language exempting
the District from this bill.
STAFF REPORTS
Land Application Mana.aer: Hal Bird updated the
Board on the status of grazing leases.
Le.qal Counsel: Attorney Kvistad reported he and
Ross Johnson met with Bently to discuss an agree-
ment for disposal of biosolids. The agreement will
be placed on a future agenda for the Board's
consideration.
5:20 P.M.
ADJOURNED TO CLOSED
SESSION
6:45 P.M.
RECONVENED TO REGULAR
SESSION
ACTION / REPORT ON ITEM DISCUSSED 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
No reportable Board action
No reportable Board action
No reportable Board action
No reportable Board action.
No reportable Board action.
PAGE - 8
Pursuant to Government Code
Section 54956(a)lConference 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)lConference 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 Eastem 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, 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
Pursuant to Government Code
Section 54957/Public Employee
Employment: Position of General
Manager; Agency Negotiators:
General Manager Labor
Negotiations Ad Hoc Committee,
Board of Directors
REGULAR BOARD MEETING MINUTES - JUNE 19, 2003
PAGE - 9
6:45 P.M.
ADJOURNMENT
S~Yuth Tahoe Publ~ Utility District
Kathy Sha~p,,~erk of the Board
South Taho~d:~ublic Utility District
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