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02-01-07 / // \., SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" ~ i. ~ ~..~r~ .~~I ~ri2'~El nElr~IM a~~iElr Eric W. Schafer, President BOARD MEMBERS Paul.~~i~to:~~~ist~nt~~n~~er. . James R. Jones, Vice President . . Duane Wallace, Director rvIary Lou Mosbacher, [)irector Kathleen Farrell, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 1, 2007 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, February 1, 2007, 2:00 P.M., District Office, 1275 Meadow Crest Drive, 'South Lake Tahoe, CA \., BOARD OF DIRECTORS: President Schafer; Directors Jones; Wallace, Farrell, Mosbacher. ROLL CALL STAFF: Solbrig, Sciuto, Sharp, McFarlane, Cocking, Nolan, Coyner, Hussmann, R. Johnson, Bergsohn, Attorney Herrema. (Attorney Kvistad participated via tele- conference in the discussion of Closed Session item re: Meyers Landfill.) GUESTS: Ed Morrow/General Manager Tahoe Keys Property Owners Association, Chris Stetler/Jerry Wiliams Associates, Peter Eichar/Tahoe Regional Planning Agency Consent Items c. (Special Use Permit) and e. (2007 Washington D.C. Legislative Advocacy Services) were brought forward for discussion prior to Board action. CONSENT CALENDAR \., Moved Farrell / Second Mosbacher / Passed Unanimously to approve the Consent Calendar as amended: REGULAR BOARD MEETING MINUTES - FEBRUARY 1, 2007 PAGE - 2 \., a. Hazard Mitigation Grant Program Application for Flood Control in Harvey Channel - Adopted Resolution No. 2825-07: Designation of Applicant's Agent; b. Bayview Well Controls Building Facility - Approved Change Order No.3 to K.G. Walters Construction Co., Inc., in the amount of $19,644.46; c. See Consent Items Brought Forward; d. Liability Claim Against STPUD Received from Kyle Schrauben - Rejected claim; e. See Consent Items Brought Forward; f. 2007 California Legislative Advocacy Services - Authorized execution of contract with Lynn M. Suter and Associates, in the amount of $29,400; g. Approved Regular Board Meeting Minutes: December 21, 2006; h. Approved Regular Board Meeting Minutes: January 4, 2007. CONSENT CALENDAR (continued) -.., CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION Director Jones questioned the need for two firms since there seemed to be a duplication of efforts. The effectiveness and successes attributed to both firms were discussed by the Board. Moved Jones / Second Farrell / Mosbacher Voted No / Passed to authorize execution of contract with ENS Resources, Inc., in the amount of $75,848. Moved Wallace / Second Mosbacher / Jones Voted No / Passed to authorize execution of contract with Cross- pointe Partners, L.L.C., in the amount of $66,000. Ross Johnson reported the discharge rate fee should be changed from $6 to $6.50 per one thousand gallons. The Water and Wastewater Operations Committee reviewed this fee and recommended approval. Moved Jones / Second Farrell / Passed Unanimouslv to approve fee adjustments to Special Use Permit. \.; 2007 WASHINGTON D.C. LEGISLATIVE ADVOCACY SERVICES (Consent Item e.) SPECIAL USE PERMIT (Consent Item c.) REGULAR BOARD MEETING MINUTES - FEBRUARY 1, 2007 PAGE - 3 ITEMS FOR BOARD ACTION \r Ross Johnson reported this construction special use permit will allow others to use the sewer system for dewatering purposes for construction. Up until now, the District has refused such use to protect the collec- tion system from stoppages due to heavy solids discharge. Staff, along with legal counsel, developed a permitting process to minimize the potential for damage to the collection system, and hold the permittee responsible for spills resulting from misuse. Staff also has the right to deny discharge into the system for any reason. In many cases the District's collection system is the most practical means of accomplishing construc- tion projects while meeting Lahontan and TRPA require- ments. The permit costs are designed to be cost neutral. Moved Jones / Second Farrell / Passed Unanimouslv to approve Construction Special Use Permit. Moved Jones / Second Farrell / Passed Unanimouslv to approve payment in the amount of $1,237,999.13. \., Water and Wastewater Operations Committee: The committee met January 29. Minutes of the meeting are available upon request. Finance Committee: The committee met January 24 to discuss the request received from Mr. Leal re: fire hydrant installation. They also discussed grants, and Sher funding. Minutes of the meeting are available upon request. Director Mosbacher reported on her attendance at the Meyers Roundtable meeting held on January 31 . Director Schafer distributed an article that highlighted the importance of maintaining adequate water supplies for fire suppression. He also distributed a summary of the recent CASA conference he attended. General Manager: Richard Sol brig reported on eight items: '-' 1) He is working with TRPA staff to extend the Future Connections Plan and mitigation program to dovetail with Pathway 2007. Pathway 2007 will show where the basin is heading in terms of future growth. 2) He is working with TRPA to clarify the intent behind the L TRA (Lake Tahoe Restoration Act). A former TRPA staff member incorrectly interpreted CONSTRUCTION SPECIAL USE PERMIT PA YMENT OF CLAIMS STANDING COMMITTEE REPORTS BOARD MEMBER REPORTS GENERAL MANAGER REPORTS REGULAR BOARD MEETING MINUTES - FEBRUARY 1, 2007 PAGE - 4 \., that the District is not eligibile to receive money for planning efforts. The USFS denied funding based on that opinion. The original intent of the L TRA clearly allows funding for planning and the authors of the L TRA (Doolittle and Feinstein) are ready to attest to that fact. 3) He is trying to finalize the plant coverage issue with TRPA. Quite a while ago, their staff proposed possibly considering giving the District credit for the significant air quality improvements resulting from the solids handling project. This has been in limbo since. 4) Several waterline projects in the 4,000 - 5,000 feet range are on the horizon. The District has re- quested the TRPA/District MOU be expanded to cover up to 5,000 feet to avoid having so many individual project permits. Peter Eichar, TRPA, reported the MOU will go before the TRPA Governing Board in April. 5) District staff sent a letter to the City of South Lake Tahoe voicing concerns regarding the coordina- tion of the convention center project. 6) He will attend a Tahoe Interagency Executives meeting February 2. 7) The California Tahoe Conservancy inquired about the District's ability to treat storm water in connection with implementation of BMPs. The plant is not cap- able of treating that much water. Since the rate of residents completing their BMP requirements is so low, their idea is to have public utility districts run area-wide BMP programs and charge homeowners on their sewer bills. The District has many concerns regarding that proposal, including staffing, authority, enforcement, and Proposition 218. 8) Staff will attend EI Dorado Irrigation District's strategic planning workshop to increase involvement with west slope water issues. ~ Assistant General Manager / Enqineer: Paul Sciuto reported quarterly sampling revealed some wells to be out of compliance with the new federal arsenic standard. Staff is working with California Department of Health Services and ACWA to determine the time- frame to implement noticing requirements. District Information Officer: Dennis Cocking reported on the efforts underway to use provisions of the Water Code for board compensation. He also reported he is representing the District in LAFCOs municipal services review. \.., Manager of Customer Service: Lisa Coyner reported that realtors will help the District identify properties that appear to have illegal sewer units. GENERAL MANAGER REPORTS (continued) REGULAR BOARD MEETING MINUTES - FEBRUARY 1, 2007 PAGE - 5 3:35 - 3:45 P.M. MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION RECONVENED TO REGULAR SESSION 4., 4:30 P.M. ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel - Liability Claim Against STPUD Received from Kvle Schrauben No reportable Board action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Beth Jett, Kendall Pearce, and Pearce Family Trust Dated 1-20-88 vs. STPUD, Cox & Cox Construction, Inc., a California Corporation, Nimbus Engineers, a Nevada Corporation and Does 1- 100, Inclusive, Civil Action No. PC 20050567, Superior Court, County of EI Dorado, State of Ca. ~ 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. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, U.S. District Court for the Eastern District of Ca. No reportable Board action. Pursuant to Government Code Section 54956. 9(b)/Conference with Legal Counsel - Anticipated Litigation (One Case) 4:30 P.M. ADJOURNMENT \.. ATTEST:j.:/'Jlfij ~~ :2 Kathy Sh Clerk of the eoard .. c; '~ v . ,- ~ ,< " \.. r- r~ !.-J -1:" C) ~ -d -3 . ....., ~ 'v ~ ~ w z c; ::> ~ ..J Q 0 I > f.-"- (/)w v - 0' ~ Zz \fl e!) 0<( -0 Z ~z ::2:w ,~ - a::l= I- ....... WI- 0<( ~ LJ.a:: \- Ww ~O -..J. , :Ew ~LJ. 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