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