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10-01-2020o. . 1950 y SOUTH TAHOE PUBLIC UTILITY DISTRICT Randy Vogelgesang, President BOARD MEMBERS Kelly Sheehan, Vice President Chris Cefalu, Director Duane Wallace, Director Nick Exline, Director John Thiel, General Manager Shannon Cotulla, Assistant General Manager REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT October 1, 2020 MINUTES The South Tahoe Public Utility District Board of Directors met in a regular session, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ROLL CALL - Board of Directors: President Vogelgesang, Directors Cefalu, Sheehan, Wallace Via Conference Call: Director Exline Staff: John Thiel, Paul Hughes, Shannon Cotulla, Gary Kvistad, Melonie Guttry, Brian Bartlett, Tim Bledsoe Via Conference Call: Brent Goligoski, Doug VanGorden, Liz Kauffman, Stephen Caswell, Chris Skelly Guests: David Peterson, Margie Kovarik-Maxhimer, Shane Romsos, Tanya Sullivan CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR: None CONSENT CALENDAR: Moved Cefalu/Second Sheehan/Vogelgesang Yes/Cefalu Yes/Sheehan Yes/Wallace Yes/Exline Yes to approve the Consent Calendar as presented. C. REGULAR BOARD MEETING MINUTES: September 17, 2020 (Melanie Guttry, Clerk of the Board) Approved September 17, 2020, Minutes ITEMS FOR BOARD ACTION a. Approve Payment of Claims (Debbie Henderson, Accounting Manager) Moved Sheehan/Second Wallace/Vogelgesang Yes/Cefalu Yes/Sheehan Yes/Wallace Yes/Exline Yes to approve Payment of Claims in the amount of $1,664,635. STANDING AND AD -HOC COMMITTEE REPORTS: President Vogelgesang reported he is appointing an Ad -Hoc Committee for Organizational Structure, Service and Efficiency consisting of President Vogelgesang and Director Cefalu. The purpose of the committee is to review District efficiencies, which hasn't been performed in approximately 15 years. REGULAR BOARD MEETING MINUTES October 1, 2020 PAGE - 2 BOARD MEMBER REPORTS: Director Wallace reported he received a call regarding issues relating to the Highway 50 Caltrans project, and John Thiel commented that more information will be provided under Staff Reports. EL DORADO WATER AGENCY PURVEYOR REPORT: Director Sheehan reported the next meeting is scheduled for October 14. John Thiel provided details regarding the El Dorado Water Agency recent Workshop. GENERAL MANAGER REPORT: John Thiel reported on several items: Provided a staffing update Provided an update regarding COVID-19 including no new cases in Lake Tahoe or at the District. Field Crews may be returning to regular 10-hour shifts at the end of the month, while taking the necessary mitigation measures. President Vogelgesang opened a discussion regarding re -opening the Board Meetings to the public starting October 15, as long as social distancing can be accommodated. The Board discussed re -opening the meetings and by consensus, the Board Meetings will be re -opened to the public beginning October 15. President Vogelgesona requested Melonie Guttry be in charge of proper protocols for the meetings. Director Exiling will resume attending in person on October 15. John Thiel and Tim Bledsoe provided a Customer Rate Relief Program update: 250 customers have taken advantage of the program, receiving approximately $90,000 in credit to their sewer accounts. This program will continue through November, and the Board will have an option to renew the program in December. STAFF/ATTORNEY REPORTS: Attorney Kvistod reported a recent law was signed regarding public officials interacting on social media. It clarifies that public officials can use social media and that is acceptable. However, the statute addresses posting on social media and specifically it prohibits a member of a legislative body from responding to any communication of another member of a legislative body. AB 992 (Government Code section 54952.2) related to social media includes: (b) (1) a majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (i) "Discuss among themselves" means communications made, REGULAR BOARD MEETING MINUTES October 1, 2020 PAGE - 3 posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) "Internet -based social media platform" means an online service that is open and accessible to the public. Attorney Kvistad further reminded the Board that the use of private phone devices are included in the Public Records Act if they use that personal device to communicate regarding District business. Shelly Thomsen provided a System Efficiency Update and will provide quarterly status updates to the Board. Shannon Cotulla provided a report regarding the Caltrans sewer lateral issue on Highway 50. Although this is a private lateral and not a District asset, the District has been asked to resolve the situation as the Caltrans project is now complete and Caltrans is not able to return to the site to perform any work. Attorney Kvistad recommended continuing a discussion regarding the District's Administrative Code, specifically the portion addressing private sewer laterals, and bring information back to the Board for future consideration. Melonie Guttry reported the District's 70t" Anniversary Celebration was held virtually on September 30, 2020, at 10 a.m. Cupcakes are available after the Board Meeting. The Board congratulated John Thiel and Shelly Thomsen on the presentation, which will be available on the District website soon. ADJOURN TO CLOSED SESSION: 2:33 p.m. RECONVENE TO OPEN SESSION: 2:50 a. Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation United States District Court, Case No. 2:20-CV-01514-WBS-CKD, Alpine County v. South Tahoe Public Utility District; et al No reportable Board action ADJOURNMENT: 2:51 p.m. Randy Vogelgesang, Board President South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District