06-02-05
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Richard Solbrig, General Manager
Eric W. Schafer, President
BOARD MEMBERS
Paul Sciuto, Assistant Manag:..
Duane Wallace, Vice President
James R. Jones, Director
Mary Lou Mosbacher, Director
Tom Comte, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
JUNE 2, 2005
MINUTES
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The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 2,
2005,2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe,
California.
BOARD OF DIRECTORS:
President Schafer; Directors Jones, Wallace, Cornte,
Mosbacher.
ROLL CALL
STAFF:
Solbrig, Sharp, McFarlane, Sciuto, Cocking, Coyner,
Adams, Hoggatt, Hydrick, Attorney Kvistad.
GUESTS:
Deborah Palmer/Attorney representing D. Lukins
Moved Mosbacher / Second Comte / Passed Unanimouslv CONSENT CALENDAR
to approve the Consent Calendar as submitted:
a. Seasonal Help (Sewer) - Approved increase to Purchase
Order No. P16149 in an amount not to exceed
$30,000;
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b. Seasonal Help (Water) - Approved Purchase Order No.
P16162 to pay for one seasonal employee in the Under-
ground Repair Water Department, in an amount not to
exceed $23,000;
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REGULAR BOARD MEETING MINUTES - JUNE 2, 2005
PAGE - 2
c. Sewer Enterprise 2005-06 Appropriations Subject to
Limitation - Adopted Resolution No. 2800-05: Setting
the Limitation on Appropriations for Fiscal Year 2005-06,
Superseding Resolution No. 2789-04 in its Entirety
d. B-Line Export Pipeline Replacement: Phase 3 - Approved
Change Order to Cox & Cox Construction in the amount
of $66,125.27;
e. Lease Agreement for Tahoe Paradise Building - Approved
the lease agreement with EI Dorado County Search and
Rescue for 1834 Santa Fe Road, Building B, Tahoe
Paradise, CA;
f. Approved Regular Board Meeting Minutes:
May 19, 2005.
CONSENT CALENDAR
(continued)
ITEMS FOR BOARD ACTION
In December 2004, Kennedy/Jenks Consultants
presented to the Board an overview of the District's
current sewer lateral ownership policy. The Board
asked staff to review the ownership policy and provide
options to the Board at a later date. Staff has completed
a position paper and recommends that the District
maintain its current ownership policy with the customer
owning the sewer lateral from the house to the District's
main. Additionally, staff recommended that the Adminis-
trative Code be amended to include that sewer laterals
be air tested for new construction (currently for remodels
where there is an increase in sewer units).
The proposed amendment to Administrative Code
(requiring air testing for new construction) will be placed
on a future agenda for consideration.
No Board action.
The Lahontan Regional Quality Control Board issued
an ACL (Administrative Civil Liability) for the leak that
occurred on the new portion of the B-Iine on 1 0/23/04.
Although Lahontan did not find the District negligent or
culpable in this incident, an ACL was issued due to the
large discharge of treated effluent in the Lake Tahoe Basin.
SEWER LATERAL POSITION
PAPER
B-L1NE PHASE 3: EXPORT PIPE-
LINE REPLACEMENT -
ADMINISTRATIVE CIVIL LIABILITY
REGULAR BOARD MEETING MINUTES - JUNE 2, 2005
PAGE - 3
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Moved Comte / Second Mosbacher / Wallace and Jones
Voted No / Passed to approve payment of Administrative
Civil Liability from Lahontan Regional Water Quality Control
Board in the amount of $70,000; and authorized execution
of waiver of public hearing (subject to further language
negotiations with the regional board's attorney).
The District adopted its present Reserve Policy in April
2004. Two months later, the California State Auditor
issued a report that provided recommendations on
reserves. Based on the state's recommendations, the
existing Reserve Policy has been updated to: add
maximum target levels to all reserves, clearly identify
events or conditions that prompt use of reserves, and
reference the relationship of capital reserves to the
10-Year Forecast of capital spending.
Rhonda McFarlane distributed a spreadsheet of reserve
target levels. She pointed on that instead of reflecting a
minimum for reserves, it now reflects maximums.
The Finance Committee met to discuss this policy and
recommended approval.
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Moved Comte / Second Wallace / Passed Unanimouslv
to adopt Resolution No. 2801-05 to update the District's
Reserve Policy, superseding Resolution No. 2785-04 in
its entirety.
The College Well has been on emergency standby
status since 1991 due to the uranium rule, which limited
the amount of times it can be used. The well can be
used in emergencies up to fifteen days a year, no more
than five consecutive days at a time. The last time it was
used was to fight the Gondola fire. It is a reliable resource,
and may be used for irrigation in the future and for fire
fighting at the college. The license agreement entitles the
college currently to 52,980 feet of water per quarter, a
value of $985.43. The well also includes three monitoring
wells, which are important for District groundwater research.
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Moved Wallace / Second Jones / Passed Unanimouslv
to authorize staff to exercise option to extend license
agreement an additional twenty-five years, and directed
staff to negotiate an early termination clause with Lake
Tahoe Community College.
B-L1NE PHASE 3: EXPORT PIPE-
LINE REPLACEMENT -
ADMINISTRATIVE CIVIL LIABILITY
(continued)
RESERVE POLICY
COLLEGE WELL LICENSE
AGREEMENT
REGULAR BOARD MEETING MINUTES - JUNE 2, 2005
PAGE - 4
4.
Moved Jones / Second Comte / Passed Unanimously
to approve payment in the amount of $1,664,715.46.
Water and Wastewater Operations Committee:
The committee met May 31. Minutes of the meeting
are available upon request.
Plan nino Committee: The committee met May 24 to
discuss the request from TRPA (Tahoe Regional
Planning Agency) to install an air quality monitoring
station at Glenwood Well site. Since there has been
an increase in requests to use District properties by
other agencies, this will be a policy issue for the
Board to consider in the future. For now, TRPA will
consider alternative sites, and if none are found, will
make a formal request to the Board to use the Glen-
wood Well site.
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Lukins Water System Ad Hoc Committee: Attorney
Kvistad requested a copy of the evaluation that was
prepared on the Lukins Water Company. While the
District is not actively trying to acquire this private
water company, staff and the ad hoc committee will
review the pros and cons in the interest of our community.
Deborah Palmer, attorney representing Danny and
Michelle Lukins, requested she be kept apprised of any
Board or committee meetings held regarding this issue.
Director Jones distributed a letter the Attorney General
sent to Senator Frist urging opposition to the liability
shield (safe harbor) provision in the energy bill that
grants immunity from claims that MTBE or fuels
containing it are defective products.
President Schafer reported on two items:
1) He acknowledged staff for receiving a Distinguished
Champion of the Disabled award for donating the
District's surplus computers to individuals who can really
use them.
2) He read aloud a letter he received from Senator Dave
Cox regarding the status of Senate Bill 393 (Ortiz). Even
though Senator Cox opposed the bill in the Senate Local
Government Committee, it passed and is now in the
Senate Appropriations Committee.
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General Manaoer: Richard Solbrig reported the
California Tahoe Conservancy will put the original
language back into the bill concerning relocation
of utilities for erosion control projects.
PAYMENT OF CLAIMS
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER AD HOC
COMMITTEE REPORTS
BOARD MEMBER REPORTS
GENERAL MANAGER REPORT
REGULAR BOARD MEETING MINUTES - JUNE 2, 2005
PAGE - 5
4w
Assistant Manaoer / Enoineer: Paul Sciuto reported the
access road land swap has not been finalized. The
ballfields are scheduled to open in one week and the
public will be using the District-owned access road. Staff
will initiate an indemnity agreement with the City of South
Lake Tahoe to protect the District from liability, which will
be placed on a future agenda for the Board's consideration.
3:30 - 3:40 P.M.
3:40 P.M.
4:35 P.M.
STAFF REPORT
MEETING BREAK
ADJOURNED TO CLOSED SESSION
RECONVENED TO REGULAR
SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
No reportable Board action.
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No reportable Board action.
No reportable Board action.
No reportable Board action.
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Pursuant to Government Code
Section 54956.9(b)/Conference with
Legal Counsel - Anticipated Litigation
(Two Cases)
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel- Existing Litigation:
STPUD vs. 1442.92 Acres of Land
in Alpine County, California; et aI.,
United States District Court for the
Eastern District of Ca., Sacramento
Division, Case No. CIV S-02-0238
MCE JFM
Pursuant to Government Code
Section 54956.9(c)/Conference with
Legal Counsel - Anticipated Litigation:
Pioneer Trail Waterline Replacement
Near Filter Plant
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation
re: Meyers Landfill Site: United
States of America vs. EI 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.
REGULAR BOARD MEETING MINUTES - JUNE 2, 2005
PAGE - 6
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No reportable Board action.
4:35 P.M.
Pursuant to Government Code
Section 54957.6(a)/Conference with
Labor Negotiators:
Unrepresented Employee Position -
General Manager
Agency Negotiators: Executive
Committee, Board of Directors
ADJOURNMENT
Eric W. Schafer, oar resident
South Tahoe Public Utility District
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