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05-18-89 ********************* MINUTES REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 18 w 1989 The Board of Directors of the South Tahoe Public Utility District met in a regular session May 18, 1989, 4:00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Mason, Directors Walker, Sinclair, Olson (Director Jones/ Absent). ROLL CALL STAFF: Cofer, Fischer, Mamath, B. Eppler, Tiran, Bonnet, Hydrick, Gilbert, Miller, Attorneys Weidman & Rollston. GUESTS: Pembroke Gochnauer, Jack Blankenship, Richard Solbrig/Carollo Engineers, Keith Klein/City Council, Jim Dipeso/ Tahoe Tribune, Lou Pierini. Jack Blankenship of 2363 Marshall Trail voiced his opinion and con- cerns regarding the present billing schedule for sewer/water bills be- coming delinquent. He felt the charges should not become delin- quent prior to the end of the service period. COMMENTS FROM AUDIENCE Discussion followed. Chairman Olson referred this item to the Finance Committee for further study. Mr. Blankenship will be notified of the results on the study. Pembroke Gochnauer asked about a special-use permit on a mobile home behind the Muffler Palace. He said a client wanted to apply for TDR. Chairman Mason said the new procedure for such matters is to first check with the City, REGULAR BOARD MEETING MINUTES - MAY 18, 1989 TRPA, and last with Bob Eppler, Manager of Customer Relations. Chairman Mason said before the District could approve the permit City and TRPA requirements had to be met first. PAGE - 2 COMMENTS FROM AUDIENCE Manager Cofer clarified the price on the Water Allocation Lake Tahoe Basin Contract, Consent Calendar Item 5. CORRECTIONS/ADDITIONS TO AGENDA OR CONSENT CALENDAR Manager Cofer asked to defer Item 9, Lahontan Fines and add three items to XI. Items for Board Action: Item 10: TKPOA and STPUD MOU/Discussion only. Item 11: Letter to Ford Constru- ction regarding ERB Sludge Dis- posal and; Item 12: Emerald Bay State Park Agreement Amendment for minor, technical changes. Moved Sinclair/Second Walker/ Jones Absent/Passed to approve corrections/additions to Agenda and Consent Calendar. Moved Olson/Second Sinclair/ Jones Absent/Passed to approve Consent Calendar as follows: CONSENT CALENDAR 1) Approve Kiewit Pacific Change Orders No. 129-133 in the cumulative amount of ($3,649.56). 2) Adopt Resolution No. 2481 - Declaration of Appropriations Subject to Limitation and Proceeds of Taxes For FY 1989/90. 3) Approve Amendment 1 to Boyle Engineers Task Order 4 in an amount not to exceed $4,000 to be re- imbursed by the Redevelopment Agency for Sewer/Water System Master Plan within the Redevelopment Area. 4) Authorize Facilities Study by John Carollo Engineers in the amount of $41,700 for the Fallen Leaf Lake Sewage Collection System (costs paid by FLL property owners by supplemental Assessment). REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE - 3 5) Approve Amendment 2 to Brown and Caldwell Consulting Engineers Task Order 1 in the total amount of $55,833 (Includes Task Order 1 and Amendment 1 & 2. CONSENT CALENDAR (Continued) Moved Olson/Second Walker/Jones Absent/Passed to approve: APPROVAL OF BOARD MINUTES 1) April 20, 1989 Regular Board Meeting Minutes; 2) May 4, 1989 Regular Board Meeting Minutes. None REPORT BY BOARD MEMBERS BOARD MEMBER COMMITTEE REPORTS None 5/05/89 - 10:00 AM, EDWPA @ EID 5/11/89 - 7:30 PM, Lahontan @ Victorville/Civil Liability Fines 5/12-13 - CASA 5/15/89 - 3:00 PM, Workshop/Agenda Items 5/15/89 - 4:30 PM, Special Board Meeting regarding Keys Sewer Line PAST MEETINGS Manager Manager Cofer reported on the following: STAFF REPORTS 1) The 5/11/89 Lahontan meeting in Victorville and the Liability Fines. 2) Export Pipeline/Low Interest Loan with a priority rating of 3) EPA sign-off of mitigation measures. 4) Appropriations for the Clean Water Grant going to Congress at the present time (2.4 Billion was authorized and 1.2 Billion to be appropriated). Manager Cofer said the allocation percentage for the State of Calif. might be adjusted. Attorney: Attorney Weidman reported he had been working on the following: 1) EIR/EIS for the Plant Expansion Project. REGULAR BOARD MEETING MINUTES - MAY 18, 1989 2) Delivered final Administrative Draft EIR/EIS to TRPA. 3) Attended a 2-hour meeting with Bill Morgan, the TRPA attorney, and other staff members regarding capac- ity, sewer units, the EPA mitigation program and the mitigation EIR/EIS. Director Walker and Andy Hauge also attended the meeting. 4) The Heise Eminent Domain Trial. 5) Attended the Lahontan Meeting in Victorville. (Item 9 on Agenda). 6) Attended CASA meeting for Attorneys. 7) Working on Emergency Pond matters. 8) Contacted staff counsel in Chief Deputy Directors office of the Parks and Recreation for minor changes in the Contract. 9) Attorney Rollston for the past two weeks has been working on the Transfer Ordinance, USFS Contract, the Keys Sewer Line matters, and other matters. 10) He also noted the Schwake Settlement Conference was scheduled for 5/30/89, 10:00 AM. STAFF REPORTS (Continued) Proqram Managers: No report. Shop Steward: No report. PAGE - 4 ITEMS FOR BOARD ACTION Moved Olson/Second Walker/Jones Absent/Passed to approve payment in the amount of $855,433.03. Chairman Mason stated the Eoff request was given in detail at the 5/15/89 Workshop and Mr. Eoff wished to convert his duplex to a single-family residence at 847 Mohican. Moved Olson/Second Sinclair/Jones Absent/Passed to waive the three- year back charges in the amount of PAYMENT OF CLAIMS REQUEST TO APPEAR BEFORE BOARD BY BOB EOFF REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE - 5 $1,026.60 with the condition the property owner will allow District staff access to the premises to assure 847 Mohican remains a single-family residence. REQUEST TO APPEAR BEFORE BOARD BY BOB EOFF Bob Eppler presented this item at the Workshop Meeting. DISCONNECTION PROCEDURE FOR NON PAYMENT OF SEWER CONNECTION: APN 26-026-171 Moved Olson/Second Walker/Jones Absent/Passed to allow the property owner to pay the $943.40 sewer and water back charges and a lien be placed on the property in the amount of $4,757 in the event the property is sold with the understanding the owners have one year to receive a "legal" determination from the City and TRPA. If the property receives "legal" status from the City & TRPA, the $4,757 charge will become due and payable. If "legal" status is not received, the sewer units must be abated. Mr. Kenneth Branson, the property owner at 3161 Berkeley Avenue, presented his case to the Board. LIVING UNIT ADDED WITHOUT PERMITS: APN 26-024-09 Bob Eppler explained this property had been a duplex, then a triplex and now a fourplex. Moved Walker/Second Olson/Jones Absent/Passed to impose a lien on the property in the amount of $5,442.19 to be paid in escrow in the event the property is sold and the City and TRPA allow the property to become a fourplex. If the property does not sell, the owner is liable for the $5,442.19 if it remains a fourplex; if the City does not approve the four- plex and it has to revert back to a triplex, the property owner will have to abate the sewer units which made it a fourplex, and pay the 3-year back charges of $1,053.19. Chairman Mason noted he would like the Board to have additional time to review the Ordinance. Attorney Rollston stated he did not expect Board adoption of the Ordinance until he had received comments from the Board. TRANSFER OF SEWER UNITS ORDINANCE: NO. 416, AMENDING ORDINANCE NO. 403 REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE - 6 Director Sinclair stated he felt District staff should solicit comments from TRPA and the City of South Lake Tahoe and any other concerned agencies to assure we are all on the same wavelength. TRANSFER OF SEWER UNITS ORDINANCE: NO. 416, AMENDING ORDINANCE NO. 403 Manager Cofer suggested a Draft of the Ordinance be sent to the City and TRPA for comments to alleviate Director Sinclair's concerns. Also, Director Olson suggested that Director Sinclair meet with Attorney Rollston to express his concerns so they could be incorporated into the Ordinance, if possible. Lou Pierini, from the audience, commented/asked questions about Section 3.B, Page 4, Section 4.D, Page 5 and Section 6, Page 8. Attorney Rollston responded to and/ or explained the intent of the word- ing in question. Director Sinclair requested clarifi- cation of the charges to be imposed for the transfer of sewer units under the proposed Ordinance. Attorney Rollston stated the Draft Ordinance listed the amount of $1,300 per sewer unit. The item was deferred to the June 1st Board meeting. No Board Action. Robert Faulkner presented his re- quest at the Workshop meeting. REQUEST TO APPEAR BEFORE BOARD BY ROBERT FAULKNER Moved Olson/Second Sinclair/Jones Absent/Passed to allow the transfer of 3 sewer units from the house to be demolished at 1228 Tata Lane to another property at a later date; to allow additional time for the demolition of the house providing the property owner continues to pay the sewer fees until such time as the house is demolished and the sewer units abated. REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE - 7 Presented to the Board at the Workshop session by Richard McCann. REQUEST TO APPEAR BEFORE BOARD BY RICHARD MC CANN Moved Sinclair/Second Walker/Jones Absent/Passed to allow the transfer of three (3) sewer units from 1368 Susie Lake to another property at a later date. Pembroke Gochnauer presented his case to the Board. He reminded the Board he had been before them on the same matter and at that time, was directed to return to the City for a determination of the "legal" status of the sewer units he wished to transfer from APN 03-082-14. REQUEST TO APPEAR BEFORE BOARD BY PEMBROKE GOCHNAUER Chairman Mason told Mr. Gochnauer the new procedure was to have the written approval from the City and TRPA making a determination of the "legal" status of the sewer units to be transferred and that STPUD Board would not take action until such a determination was made. Mr. Gochnauer made a statement on behalf of Realtors in the community and requested STPUD coordinate efforts related to "legal" - "illegal" sewer units and decide with other agencies procedures Realtors could follow to determine the status of sewer units for re-sales they handled. Attorney Rollston advised Mr. Gochnauer Realtors could check with the City or County and TRPA to determine the status of sewer units and it was the District's dilema to make sure the customers who are abiding by the rules did not pay for illegal units. Chairman Mason noted he had supported a policy for all real estate sales to be checked by STPUD staff prior to sale, but the Realtors within the community has not supported this idea; he enlisted Mr. Gochnauer's help in drafting an Ordinance addressing this procedure. No Board Action. REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE 8 This item was deferred to the June 1, 1989 Regular Board Meeting. LAHONTAN ADMINISTRTIVE CIVIL LIABILITY, LUTHER PASS PUMP STATION SPILLS Director Sinclair stated: 1) He would like to have the TKPOA acknowledge it (the sewer line) was not the District's responsibility; that is, the District did not install it, nor inspect the final installation, and; 2) Asked legal counsel to assure the District was not in danger of setting a precedent by sharing the costs of the relocation of the sewer line. TAHOE KEYS LAGOON SEWER LINE Director Olson stated he felt the line, itself, was the District's responsibility as long as sewage was running through it. Attorney Rollston noted the Draft MOU had language that led in that direc- tion and could be modeled to meet that objective. He further stated he could not assure Director Sinclair that the District was not setting a precedent, but did not feel they were, because there were very distinct reasons why the District was sharing the costs for this particular problem. Director Olson expressed concerns for the time-frame to complete the work. Manager Cofer stated he would call a Special Board Meeting, if necessary. No Board Action. Presented by Manager Cofer who ex- plained the contents of the May 15, 1989 letter to Ford Construction regarding a Hold-Harmless statement related to the sludge disposal. Attorney Weidman elaborated on the Hold-Harmless statement. EMERGENCY RETENTION BASIN SLUDGE REMOVAL Richard Solbrig explained the steps the District would take by means of a contract between Ford and the Rancher which addresses what the Rancher is going to do with the REGULAR BOARD MEETING MINUTES - MAY 18, 1989 PAGE - 9 sludge, public access, and what the land will be used for; he said he had given Ford a copy of what the Lahontan Board required of Tom Haen when he disposed of sludge in Alpine Co. as a guide- line for establishing these re- quirements. EMERGENCY RETENTION BASIN SLUDGE REMOVAL (Continued) Manager Cofer stated as another precaution the sludge was being re-sampled for a complete analysis of everything that could possibly be analyzed to cover any future questions which might arise about the quality of the sludge. Moved Sinclair/Second Walker/Jones Absent/Passed to authorize execution of the letter by Chairman Mason to Ford Construction which includes a Hold-Harmless statement to Douglas County. Attorney Weidman explained this item was added to the Agenda because prior to execution by the Chief Deputy Director at the State, their staff counsel is recommending two changes: STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION AGREEMENT AMENDMENT - EMERALD BAY STATE PARK 1) the use of the word "Paragraph" in preference to the word "Agreement" when referencing the different sections of the original agreement, and; 2) a change in Paragraph 3. (b) which deals with the right of the State to transfer from Emerald Bay property to other properties: to clarify the language, but not the intent of the language. Moved Olson/Second Walker/Jones Absent/Passed to authorize the two changes in the Agreement Amendment as outlined by Attorney Weidman in 1) and 2) above. ~EGULAR BOARD MEETING MINUTES - MAY 18, 1989 5/24/89 - Basin Managers Mtg. @ Kingsbury GID 5/29/89 - Holiday - NO WORKSHOP 5/30/89 - Settlement Conference 6/01/89 - 4:00 PM, Regular Board Meeting 6/02/89 - 10:00 AM, EDWPA @ City SLT, Council Chambers 6/07/89 - 11:00 AM, Valve Opening Ceremony: Harvey Place Dam Site, Alpine County 5:50 PM NOTICE OF FUTURE MEETINGS ADJOURNMENT PAGE - 10 ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT a. MAMATH~ CL~.RK OF-BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT Date: B 0 A R D' M E"E T' I'N G GUEST SIGN-IN SHEET: (please print) PHONE NUMBER: 'NAME: ADDRESS: NOTE: COMPLETION OF THE ABOVE INFORmaTION IS vOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.