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04-20-89MINUTES REGULAR BOARD MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 20, 1989 The Board of Directors of the South Tahoe Public Utility District met in a regular session April 20, 1989, 4:00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Mason, Directors Jones, Olson, Walker, Sinclair STAFF: Cofer, Baer, Fischer, Mamath, Schroeder, Tiran, Gilbert, Miller, Cartwright, Schrempp, Hydrick, Rieger, Sinkevich, Johnson, Bonnet, Attorneys Weidman and Rollston GUESTS: Keith Klein-City Council, Jim Dipeso- Tahoe Tribune, Kerry Miller-City Manager, Steve Teshara-Preservation Council, M/M Yant, Bob Hedley, Mike Shreve-local contractor, John Wynn-Chamber of Commerce, John Cefalu-County Supervisor None Moved Jones/Second Sinclair/Passed Unanimously to add an item XI.10 - Bob Hedley's request to appear before Board and add an Executive Session - Proposed Administrative Civil Liability Moved Olson/Second Sinclair/Passed Unanimously to approve the Consent Calendar: (1) Approve Kiewit Pacific Change Orders Nos. 57-61, 73/Bal, and 104 in the cumulative amount of [$35,748]; (2) Authorize work by American Engin- eering & Asphalt (City's street overlay contractor) in the amounts of $18,900/ Sewer and $6,300/Water to bring valve boxes & manholes up to grade; (3) Authorize purchase of pumps in the amount of $9,632 plus tax/shipping from Power Machine and purchase of pump ROLL CALL COMMENTS FROM AUDIENCE (Short Non-Agenda Itmes) CORRECTIONS/ADDITIONS TO AGENDA OR CONSENT CALENDAR CONSENT CALENDAR REGULAR BOARD MEETING MINUTES -APRIL 20, 1989 Paqe 2 control valves in the amount of $3,330 plus tax/shipping from Camellia Valley Supply. Moved Walker/Second Sinclair/Passed Unanimously to approve April 6, 1989 Regular Board Minutes and April 6, 1989 Public Hearing Minutes. Director Jones requested that rep- resentatives from the District, City, and County meet to discuss the alloca- tion system, sewer units and sewer transfers so all concerned/involved understand these.matters in order to stop any misunderstandings or mis- communication. Manager Cofer said he would try to set-up a meeting with representatives from these three public agencies. Director Sinclair requested a member of the public be included also. Director Sinclair requested that an audit be made of all public agencies .who have been allotted sewer units and may want to transfer them back. He stated he felt the District had been caught up in a "numbers game" by the various governing bodies and felt those sewer units should be made available to this community so the building season would not be delayed. None 4/07/89 - 10:00 AM - EDWPA @ SLT 4/13/89 - 1:30 PM - Lahontan @ Susanville (Recision of NPDES Permit) 8:30 PM - Lahontan-(Cease & Desist Fallen Leaf Lake) 4/14/89 - 9:15 AM - Lahontan-(Admin. Civil Liability Fines) 4/17/89 - - County Water Agency 4/17/89 - 3:30 PM - Continued Public Hear- ing Plant Expansion EIR/EIS 4/17/89 - 4:00 PM - Workshop/Agenda Items CONSENT CALENDAR (continued) APPROVAL OF BOARD MINUTES REPORT BY BOARD MEMBERS BOARD MEMBER COMMITTEE REPORTS PAST MEETINGS Manaqer: Manager Cofer stated in spite of what had been reported in the Tribune, the Lahontan Board had taken no action on the Administrative Civil Liability Fines and did not identify a mitiga- tion plan, but instead, instructed STAFF REPORTS REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 3 District staff to meet with Lahontan staff and return to the Lahontan Board with a mitigation plan. At the same Lahontan meeting in Susanville the Lahontan Board rescinded the old pernit for discharges to Indian Creek Reservoir, and issued a Cease & Desist Order on Fallen Leaf Lake with a fine schedule. Manager Cofer also reported he had attended a number of meetings on water rights issues. Attorney: Attorney Weidman reported he had also attended the water rights meetings; had worked on the Agreement Amendment with Emerald Bay State Parks; had attended the Lahontan meetings in Susanville; had been working on the Heise Eminent Domain Proceedings and the Plant Ex- pansion EIR/EIS. Program Managers: None Shop Steward: None STAFF REPORTS (continued) ITEMS FOR BOARD ACTION Moved Olson/Second Jones/Passed Unanimously to approve payment in the amount of $394,934.25. Director Jones requested a five-minute intermission to discuss a matter with legal counsel. Director Jones announced he had reques- ted a legal opinion on the conflict of interest for Board Members who may have a financial involvement/benefit from items discussed on this Agenda. He stated, after talking to the Attorneys, he no longer had a concern. Manager Cofer stated he had requested the Yants be present in order to respond to questions the Board members might have. Director Walker stated he had a concern that the Board was setting a precedent by granting the sewer unit transfer for the Yants. Discussion ensued. Attorney PAYMENT OF CLAIMS MEETING INTERMISSION MEETING RESUMED REQUEST TO APPEAR BEFORE BOARD BY TOM YANT REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 4 Rollston read aloud the applicable portion of Ordinance No. 409. Director Walker asked Rollston if the Board was, in his opinion, setting a precedent. Rollston replied, in reviewing Section 4.B (Ordinance No. 409) he did not see it as precedent setting in this contex. Moved Walker/Second Jones/Passed Unan- imousl¥ to allow the transfer of 9 sewer units from APN 33-810-36 to APN 33-180- 04 (3 units) and the 6 remaining units to be placed at a later date. REQUEST TO APPEAR BEFORE BOARD BY TOM YANT (continued) Manager Cofer asked for this item to be taken out of sequence so Mr. Hedley could be heard prior to the Public Hearing. REQUEST TO APPEAR BEFORE BOARD BY BOB HEDLEY Director Walker stated he wanted to make it clear Mr. Hedley's request was not setting a precedent; that each request was considered on the individual extenuating circumstances on a case-by- case basis. Moved Sinclair/Second Walker/Passed Unanimously to allow.th~ transfer of 6 sewer units from APN 29-372-07 to another area within City limits. Moved Olson/Second Sinclair/Passed Unanimously to approve commencement of procedure. DISCONNECTION PROCEDURE ON APN 31-041-101 FOR FAILURE TO COMPLETE BACKFLOW ASSEMBLY TEST Moved Olson/Second Sinclair/Passed Unanimously to approve commencement of procedure. DISCONNECTION PROCEDURE ON APN 27-063-06 FOR FAILURE TO INSTALL BACKFLOW PROTECTION John Cartwright presented this item at the 4/17/89 Workshop meeting. Moved Olson/Second Sinclair/Passed Unanimously to adopt a policy which would no longer allow unpaid charges to go to E1 Dorado County for collection. NEW POLICY RE UNPAID SEWER/ WATER CHARGES (NO CHANGE IN PRESENT ORDINANCE) Attorney Rollston reported he had not received the MOU in time to review it and make a recommendation to the Board. MOU BETWEEN THE DISTRICT AND TAHOE KEYS PROPERTY OWNER'S ASSOCIATION Discussion ensued; there was No Board Action. REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 5 Public Hearing opened by Chairman Mason at 4:30 PM Staff Report - Presented by Manager Cofer who reviewed the costs involved with the present connection charges and the need for an increase. He responded to questions by Board members during his presentation. Public Comment: 1) Kerry Miller, City Manager - addres- sed his concerns about impacts the new Ordinance would have on Redevelopment and asked for clarification of Paragraph 9, Page 3 of the Ordinance (affordable housing projects in the community). Chairman Mason asked Attorney Rollston to respond to Mr. Miller's comments. Rollston: He stated there was an Engin- eering study presently being completed which will address the dollar impacts to the sewer/water systems arising from re- development and prior to this hearing it was made known any project which comes before the District pays for its costs. The costs, however, may be different for redevelopment, as that is part of what the Engineering study is designed to identify. Community projects will be dealt with on their actual costs, when the actual costs to the District are known. Further, Rollston stated he did not use the term "affordable housing" specifically as he understood that was included in the term "community development projects". 2) Michael Shreve, Building Contractor - said he was there to represent the people within the $25,000 - $40,000 income bracket. He made the point he felt the increase in the connection fees was unaffordable to people in this income bracket. Affordable housing Was discuSsed between Mr. Schreve and Board members. 3) Keith Klein, City Council - stated he was not speaking for the Council but had been asked to bring comments to the Board. PUBLIC HEARING: PROPOSED INCREASE IN CONNECTION FEES FOR WATER & SEWER SERVICE REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 6 He noted the proposed Ordinance would take effect in 60 days yet this year there will be no sewer capacity tied-in with allocations that TRPA has issued. He said the allocations would be used-up before we got to the new capacity. Director Jones asked Mr. Klein about the present status of the allocations the City will be permitted to release. Mr. Klein responded: The Policy recen- tly adopted by the City Council deals with 42 allocations for the City that was written into the TRPA's 1987 Plan. Of those allocations, TRPA has released 14 to the City based on people who already have sewer capacity on their lot and want to get a permit to rebuild or build. The only way TRPA would release those 14 was to have it verified that these people had already paid for and the sewer connection was on their lots. TRPA will decide what to do with the balance of these 42 alloca- tions. The County has issued 7 alloca- tions based on the same criteria; with a total of 55 allocations under TRPA's 1987 Plan. The key is - at this point, there is no plan to address new sewer availability. The City is saying - first come, first served - whoever comes in with verifiable sewer availability and have development rights, then they get an allocation for a residence. When questioned, Mr. Klein did not know how many City allocations re- mained. John Weidman interjected the last time they were at TRPA the City had about 10 and the County had about 10 out of the total City and County allocations that were ready to go on transfer and complied with the District's transfer ordinance. Mr. Klein pointed out this year the new connection charges would be dealing mainly with transfers - not new connec- tions and felt it was pretty awful to make these people who have already paid for that sewer right to pay again. He supported the actual costs to the Dis- trict for the transfer hook-ups, but felt transfers should be treated differently from new connections. PUBLIC HEARING: PROPOSED INCREASE IN CONNECTION FEES FOR WATER & SEWER SERVICE (continued) REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 7 Chairman Mason and Director Jones responded to Mr. Klein's comments as did Director Olson. Director Olson stated the Board had looked into every angle possible - the least injury to the least number of people and the value of the sewer unit was the same for transfers as it was for new connections. The last point Mr. Klein made was a suggestion to contact Dennis Machida, California Tahoe Conservancy, because of his great expertise in the area of raising funds for public projects. 4) Steve Teshara, Tahoe/Sierra Preser- vation Council - He noted several com- ponents had changed, some taken out - some added, but the dollar increase had stayed the same and suggested an indepen- dent/outside audit might be appropriate. He would like to see language incorporated into the connection fee proposed that would ensure the fee money collected would go for the intended purpose and suggested a partial rebate to the property owner in the event the 8.2 capacity did not become a reality. It was noted Attorney Rollston had addressed this issue in Ordinance 413, Paragraph 8. 5) John Cefalu, E1 Dorado County Super- visor - He asked how does the new connec- tion fee apply to those who may have a connection and an allocation in their hands at the moment and haven't connected? Are they going to be required to pay the additional fee over and above the $3,990 that they already paid? Mr. Cofer responded: If they have a sewer permit - No, the same would apply to a water permit - they would not be required to pay additional fees. ML Cefalu also asked for clarification on how the transfer issue related to the increase in sewer capacity. Mr. Cofer stated this was a separate issue and he would not have an answer until he could meet with City and County representatives to discuss the sewer transfer issue. PUBLIC HEARING: PROPOSED INCREASE IN CONNECTION FEES FOR WATER & SEWER SERVICE (continued) REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Paqe 8 Mr. Cefalu asked if the 10% increase in water rates last year went to put in a new water well. He was told, "No". 6) Steve Teshara, Tahoe/Sierra Preservation Council - He noted if transfers were held-up too long the new 208 Plan will be adopted and may change the building rating on some lots, result- ing in people not being able to build. Chairman Mason stated he hoped to have the meeting to discuss the transfer issue prior to the next Board meeting and invited Mr. Teshara to attend the meeting. Close Hearing - Chairman Mason closed the hearing at 5:45 PM. Board Action: Moved Olson/Second Jones/Sinclair voted No/Passed to Enact Ordinance No. 413 Amending Ordinance Nos. 359 and 360 Regarding Sewer and Water Connection Rates. Moved Olson/Second Jones/Sinclair Abstained/Passed to approve Notice of Exemption. PUBLIC HEARING: PROPOSED INCREASE IN CONNECTION FEES FOR WATER & SEWER SERVICE (continued) ORDINANCE NO. 413 NOTICE OF EXEMPTION ITEMS FOR BOARD ACTION (continued) Presented by Rick Hydrick who advised the Board the District had received no responsive, responsible bids on this project. Moved Olson/Second Jones/Passed Unan- imously finding the bid process unsatisfactory. Moved Jones/Second Sinclair/Passed Unan- imously to accept the price quote from Beylik Drilling Co. in the amount of $26,218.50. Presented by Barrie Fischer. Moved Olson/Second Jones/Passed Unan- imously to enact Ordinance No. 414 Adopting the Sewer Enterprise Budget. Moved Jones/Second Olson/Passed Unan- imously to enact Ordinance No. 415 Adopting the Water Enterprise Budget. MARTIN AVENUE WELL REHABILITA- TION, PHASE 2 1989/90 F.Y. SEWER & WATER ENTERPRISE BUDGETS REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Page 9 Attorney Rollston reported he had not received the MOU from the TKPOA in time to request Board action. No Board Action. Attorney Weidman reviewed the main points within the Agreement Amendment and stated it was~agreeable with the state's legal counsel. Director Sinclair stated he objected to the non-payment of fees addressed in the Amendment and felt is was a dangerous precedent to set. He said he recognized the advantages to the District covered by the Amendment but thought they should pay the fees, but get a rebate of some kind. Manager Cofer explained their accounting system would not accomodate a rebate, that is, if the District made a rebate to Beaches & Parks it would'not go back to this State Park. Moved Olson/Second Walker/Sinclair Abstained/Passed to authorize execution of Agreement Amendment by adoption of Resolution No. 2480. 4/26/89 - - TRPA Board Meeting 5/01/89 - 4:00 PM - Workshop/Agenda Items 5/04/89 - 4:00 PM - Regular Board Meeting 5/05/89 - 10:00 AM - EDWPA @ EID 5/11/89 - - Lahontan @ Victorville 5/12-13 - - CASA 6:04 PM MOU BETWEEN DISTRICT AND TAHOE KEYS PROPERTY OWNERS' ASSOCIA- TION AGREEMENT AMENDMENT: EMERALD BAY STATE PARK, RESOLUTION NO. 2480 NOTICE OF FUTURE MEETINGS ADJOURNMENT TO EXECUTIVE SESSION: PURSUANT TO GOVT. CODE SECTION 54956.9 (a), (b), (c) - ADMINISTRATIVE CIVIL LIABILITY FINE, COMPLAINT NO. 6-89-51 ASSESSED AT $30,600 & COMPLAINT NO. 6-89-46 ASSESSED AT $41,000 6:29 PM None RECONVENE TO REGULAR SESSION ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION REGULAR BOARD MEETING MINUTES - APRIL 20, 1989 Paqe 10 6:29 PM ADJOURNMENT ROBERT MASON, CHAIRMAN OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT NOTICE OF PUBLIC HEARING TO WHOM It MAY CONCERN: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 20th DAY OF April, 1989 4:30 P,M, AT 1900 Lake Tahoe Boulevard, City Council Chambers, as part of a regula.rl¥ scheduled meeting BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO CONSIDER oral or written presentations made by any person, including those owninq prOperty within the boundaries of the District, regardinq, proposed Ordinance No. 41~ entitled "AN ORDINANCE OF THE SOUTH TAHOE PUBLIC IJTTLITY DISTRICT AMENDING ORDINANCES NOS. 359 AND 360 RE- ~A~DTNG hEWER AND WATER CONNECTION RATES". The matter to be considered is a proposed increase in ~oDneot~on fees for water and sewer service of not to exceed the estimated reasonable cost of providing each of said services. At least ten (10) days prior to the date of the hearing at the offices of the District, 1275 Meadow Crest Drive, South Lake Tahoe, California, there will be available to the public data indicating the amount of cost, or estim- ated cost, required to provide each such connection service and the revenue sources anticipated to provide each such Con- nection service. ~/~..~ ~. ~~,.~~ PAT A, MAMATH, CL(ERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT DATED: March 31, 1989 B O~A R'D MEE 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.