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04-06-95 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT &pril 6, 1995 The Board of Directors of the South Tahoe Public Utility District met in a regular session April 6, 1995, 3:00 PM, city Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: President Wallace, Directors Strohm, Mason, Jones, Mosbacher ROLL CALL STAFF: Baer, Solbrig, McFarlane, Sharp, Regan, Hrbacek, Gwinn, Knight, Hydrick, Taylor, Thiel, Noble, Twomey, Hoggatt, Attorney Sare GUESTS: Frank DuQuite/City Council; Sally Taylor/ Tahoe Daily Tribune; Eric Nitzschke/Demand Side Technologies; Jerry Hay Finance officer, Rhonda McFarlane, present- ed the 1995-96 Fiscal Year Budgets for the Water and Sewer Enterprise Funds. Using a slide presentation, McFarlane explained the planned expenditures and revenues. The Board commended staff for their work on the budget. 3:00 - 5:00 PM WORKSHOP: BUDGET AND FINANCIAL PLAN REVIEW Workshop ended at 4:10 PM. 4:10 PM 4:45 PM EXECUTIVE SESSION RECONVENE TO REGULAR BOARD MEETING ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board directed Attorney Sare to file suit on 4/6/95 in Alpine County for specific performance of the contract for the Schwake land to obtain the property deed. SCHWAKE ST056478 REGULAR BOARD M~ET~NG HINUTES - APRIL 6~ L995 Moved Strohm/Second Jones/Passed Unanimously to continue discussion of this item at the June 1, 1995 Regular Board Meeting, and in the meantime, research the District's legal rights in pursuing the recovery of a percen- tage of the money that was expended on Texas Hill project upon its sale. PA~E - 2 EL DORADO COUNTY WATER AGENCY PUBLIC HEARING 5:03 PM PUBLIC HEARING President Wallace opened the Public Hearing at 5:03 PM. Diane Noble distributed charts reflecting two years of monitoring water usage versus three years. None. Comments were received and clarified re- garding the meter reading being done on the average day of the peak month. Moved Strohm/Second Jones/Mosbacher Voted No/Passed to enact Ordinance No. 452 amend- ing Ordinance Nos. 360, 413, and 439 regarding water connection rates. President Wallace closed the Public Hearing at 5:18 PM. RECEIVE PUBLIC COMMENT AND ENACT ORDINANCE NO. 452 AMENDING ORDINANCE NOS. 360, 413, AND 439 REGARDING WATER CONNECTION RATES Open Hearinq Staff Report Public Comments Board Member Comments Enact Ordinance Close Hearinq REGULAR BOARD MEETING Shop Steward: Not present. Staff requested Consent Item 1 be removed as the situation had been satisfactorily resolved. Consent Items 2, 3, and 7 were brought forward for discussion prior to Board action. COMMENTS FROM THE AUDIENCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ST056479 REGUlaR BOARD MEETING MINUTES - APRIL 6, 2995 Moved Jones/Second Strohm/Passed Unanimously to approve the Consent Calendar as amended: 1) Authorized two week disconnection procedures on property located at 3132 Highway 50, APN 34-323-061; 4) Approved agreement with Sierra Pacific Power Company for electric service to Bakersfield Well project; 5) Approved agreement with Sierra Pacific Power Company for electric service to Paloma Well project; 6) Adopted Resolution No. 2603 pertaining to November Board Election; s) Approved Regular Board Meeting Minutes: March 2, 1995; 9) Approved Special Board Meeting Minutes: March 20, 1995. ' Attorney Sate stated the Heise Land and Cattle Company claim must be added to the Agenda by a 4/5 vote of the Board to ensure appropriate water deliveries are made to the downstream users. The need to discuss this arose after the exact amounts and scope-of-work were determined which was after the Agenda was posted. The amounts needed exceed the General Manager's author- ization. Moved Mason/Second Strohm/Passed Unanimously to add Heise Land and Cattle Company claim to the Agenda as Item 1.A. CONSENT CALENDAR CONSENT ITEMS BROUGHT FORWARD FOR ACTION/DISCUSSION Chris Twomey received and clarified ques- tions from the Board regarding comments received and responses. ARROW~F. AD STORAGE TANK (Consent Item 2) Moved Mosbacher/Second Mason/Passed Unanimously to approve the Negative Declar- ation and authorized filing of Notice of Determination with the State office of Planning and Research and the E1 Dorado County Clerk. ST056480 REGULAR BO~RD ~ETING NINUTES - APRIL 6t 1995 Director Mason asked for and received clarification regarding building plans being included with the RFP. A meeting is scheduled for April 22, at 10:00 AM to provide property owners in the area with the opportunity to give input and have their concerns addressed. Director Mason suggested a Board member attend the meeting. Moved Mason/Second Jones/Passed Unanimously to authorize GS Concepts to survey and design improvements for the Boulder Mountain Booster Station and ob- tain all necessary permits for construction contingent upon the outcome of the 4/22/95 Neighborhood Meeting. Director Mason brought this item forward to publicly express thanks to the many people who provided the District assis- tance during the recent emergencies. Thanks goes to: The city of South Lake Tahoe, CalTrans, US Pipe and Foundry, Western Nevada Supply, Groeniger & Co., Bonanza Nut and Bolt, Tahoe Concrete Pump- ing Co., Bing Materials, Burdick Excavating, and CB Ebright & Company. The Substation, Alpen Sierra Coffee House, and McDonald's were added to the list. Director Mason stated the cooperative spirit was evident and the District stands ready if it is ever in a position to return the kindness. Attorney Sare added that District staff should be publicly recognized and thanked. Moved Mason/Second Jones/Passed Unanimously to adopt Resolution No. 2609 with the additions noted above. PAGE - 4 BOULDER MOUNTAIN BOOSTER STATION (Consent Item 3) APPRECIATION OF SERVICES PROVIDED (Consent Item 7) ITEMS FOR BOARD ACTION Attorney Sare reported this item was added to the Agenda because the Heise Cattle and Livestock Company owns the Millich ditch and the property adjacent to the District's damaged channel and the area of Great Emergency in Alpine County, plus claims have been filed against the District. HEISE CATTLE AND LIVESTOCK COMPANY ST056481 REGULiI~ BO~ HEET~NG H~NUTES - ~PR~L 6~ L995 P~GE - 5 Sare reported the insurance adjusters response time to review the claims did not satisfy the claimants. He recommended the Board authorize the expenditure in an amount not to exceed $15,000 as part of our self-insured retention to cover the damages to the Millich Ditch, which would include the cleanup of the debris and the building of four cement boxes. Sare will ask the attorney for the claim- ant to waive and indemnify the District from any and all liability if these cement boxes do not work or if they do not deliver sufficient water, or if they are not cons- tructed properly. They are to hire their own contractor and accept the respon- sibility of the end product. HEISE CATTLE AND LIVESTOCK COMPANY (Continued) Moved Wallace/Second Jones/Passed Unanimously to authorize in an amount not to exceed $15,000 for repairs to the Millich Ditch in Alpine County. This item was reviewed by the Operations Committee. ARROWHEAD TANK PROJECT Moved Jones/Second Strohm/Passed Unanimously to approve the Line Extension Agreement with Sierra Pacific Power Company and to authorize expenditure in the amount of $16,616 for primary electrical extension to project. This item was reviewed by the Operations Committee. STATELINE PHASE II AND ARROWHEAD SITEWORKPROJECT Moved Mason/Second Jones/Passed Unanimously to award contract to the lowest responsive, responsible bidder, Resource Development Company, in the amount of $454,513. Eric Nitzschke, from Demand Side Tech- nologies, came before the Board to request the ULF Program be expanded to include waterless urinals. WATERLESS URINAL RETROFIT Moved Mosbacher/Second Strohm/Jones Voted No/Passed to amend the ULF Rebate Policy to include waterless urinals. Rick Hydrick reviewed the poor operating conditions of the existing generators and described the need for immediate replace- ments. GENERATORSAND SWITCH GEAR AL TAHOE, TAHOE KEYS, AND UPPER TRUCKEE PUMP STATIONS ST056482 REGULAR BO~ HEETIN~ ~INUTES - ~PR~L 6~ ~995 It was determined soliciting for bids would indeed impact progress of needed replacements because the length of time the bidding process would require would delay the replacements to the point where the District would fail to meet its obliga- tion to export treated wastewater from the Lake Tahoe Basin as mandated by the Porter Cologne Act. In addition: the District faces a potential fine for the Tahoe Keys spill; a fine is still being considered on a second spill; the District continues to experience power problems that have not been addressed by Sierra Pacific Power Co. and there is no reason to believe there will be no continued power problems during storm events; the District is addressing concerns of Lahontan, TRPA, and the League to Save Lake Tahoe by declaring this Great Emergency and making certain as soon as possible that the generators are installed. If they are not installed, Lahontan could reasonably assess additional fines if there is a subsequent spill during the interim of the bid process. Moved Jones/Second Mason/Passed Unanimously to authorize declaration of a Great Emergency. Moved Mason/Second Jones/Passed Unanimously to determine substantial evidence has been presented to authorize an exception be made to the Public Contract Code Section 22050 that this emergency will not permit a delay resulting from a com- petitive solicitation for bids and that this action is necessary to respond to the emergency. Moved Strohm/Second Wallace/Passed Unanimously to authorize purchase of three generators and switch gear to replace the existing generators. Presented by Rick Hydrick. This item was reviewed by the Operations Committee. Moved Jones/Second Mason/Passed Unanimously to authorize advertising for bids for replacement of roofs at sewage pump stations. PA~E - 6 GENERATORS AND SWITCH GEAR AL TAHOE, TAHOE KEYS, AND UPPER TRUCKEE PUMP STATIONS (Continued) AL TAHOE, TAHOE KEYS, AND LUTHER PASS ROOF REPLACE- MENTS ST056483 RE~ULi%R BO~D ~T~N~ aTNUTES - ~PR~L 6~ 1995 P&~E - 7 President Wallace recommended to direct to staff to actively develop a work plan for replacement of the A & B Export Lines and to accelerate all portions of this pro- ject. The work plan would include but not be limited to: project description (A&B Lines), project schedule (as soon as possible), necessary environmental documen- tation, required permits, project costs, and project financing. RESTORATION OF ENTIRE EX- PORT LINE Moved Jones/Second Strohm/Passed Unanimously to approve the development of a work plan that incorporates the items listed above. Moved Mason/Second Jones/Passed FUTURE SEWER CONNECTIONS Unanimously to approve amendment to EIP con- PLAN tract for preparation of the final EIR/EIS in the amount of $29,500. Moved Jones/Second Wallace/Mason Abstained/ Passed to approve payment in the amount of $803,537.99. Mason abstained from voting due to a potential financial conflict. PAYMENT OF CLAIMS 6:50 PM MEETING BREAK MEETING RESUMED 7:00 PM Water and Wastewater Operations Committee: The committee met prior to the Board meet- ing and discussed the items presented on the Agenda. BOARD MEMBER STANDING COMMITTEE REPORTS Planninq Committee: Comments have been received on the Future Facilities Connec- tions Plan EIR/EIS. Responses are being prepared. Roles/Functions County Water Aqency: The purveyors and John Upton will meet April 7th to discuss the need to fill the vacant general manager position. BOARD MEMBER AD HOC COMMITTEE REPORT Director Jones reported he attended ACWA's Legislative Seminar on April 5th. BOARD MEMBER REPORTS Director Mason stated the effort to locate payment drop sites around the city is going well. Sandy Gray is coordinating sites and pick up times. ST056484 REGULAR BO~ HEETIN~ ~INUTES - APRIL 6~ L995 President Wallace reported on two items: 1) In the winter months there are very few places for motor homes to empty sewage holding tanks. He suggested staff list the places in town that are able to accom- modate this and keep on hand in case the District receives such requests; 2) He attended the spring legislature in Sacramento and was able to communicate the District's concerns to many key people. Manaqer: Manager Baer reported on three items: 1) At a recent Tahoe Transportation Coalition meeting, staff made it clear that the District cannot contribute to the coalition until the EIR/EIS is certified and all necessary permits are obtained. The reasons for this position are that only new connections should pay for mitigation fees as they are the ones who will benefit; plus the District is also concerned over a statement made that "the District must directly fund transportation measures required to offset the increases in VMT". 2) A letter was received from Chris Rissetto regarding an update on the EPA Grant Appeal. Additional avenues will be explored. 3) Heavenly Valley's Master Plan was re- ceived for review. Manaqer of Water Operations: Rick Hydrick reported that recent emergen- cies have delayed action on the A1 Tahoe Well No. 2 Private Well Impacts. The sur- veys have been returned. Attorney: Dale Sare reported on three items: 1) At a recent insurance seminar, he learned the District's requirements are very up-to-date, and are in fact being used as models for others. 2) His firm hired two additional attorneys. 3) Responses to comments on the Future Facilities Connections Plan EIR/EIS are being drafted. The public should be encouraged to attend presentations of the final plan. PAGE - 8 STAFF REPORTS ST056485 RE~Ut~ BOARD HEET~N~ ~NUTES - APRIL 6~ L995 PA~E - 9 4) The firm of Downey, Brand, Seymour, and Rohwer, who are well known for their environmental expertise, will assist in responding to comments on the EIR/EIS. 5) An update on the status of the recent- ly declared great emergencies include: Alpine County: Winn Ditch Co. has comp- leted repairs to Diamond Ditch and the embankment was largely reconstructed. An amount of approximately $30,000 has been expended to date. The FEMA application is proceeding. Luther Pass: CB Ebright has backfilled the hole and new rip rap has been applied to the slope and an amount of approximate- ly $15,000 has been expended to date. Ap- proximately $4,000 has been expended to date for Burdick Excavating to access the breach in the line further up towards the summit, and approximately $5,000 has been expended to date for Tom Haen Company to place a temporary line in Alpine County. 7:45 PM ADJOURNMENT Duane~all-~6e, Presi~n~ of Board South Tahoe Public Utility District ATTEST: Kathy-- Sha~, Clerk off Board South Tah~ Public Utility District ST056486 DATE: BOARD MEETING GUEST SIGN-IN SHEET COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE, IN ACCORDANCE WITH THE BROWN ACT. ST056487