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04-18-96SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Chris Strohm, President BOARD MEMBERS James Jones, Vice President Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT April 18, 1996 The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 18, 1996, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Jones, Mason, Wallace, and Mosbacher Baer, Solbrig, Sharp, McFarlane, Schroeder, Twomey, Regan, Garcia, Rieger, Noble, Persic, R. Johnson, Hydrick, Attorney Sare ~ Frank DuQuite/City Council Liaison, Rob Bhatt/Tahoe Daily Tribune, Reed Schmidt/Bartle Wells, Bill Crawford, Charles Nelson, Tamara Garton, Jessica Adams District Information Officer: Julie Regan introduced Jessica Adams, an intern from the Lake Tahoe Community College. Finance Officer: Rhonda McFarlane introduced Tamara Garton, who is shadowing Rob Bhatt. COMMENTS FROM THE AUDIENCE ST057510 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE - 2 Manager of Wastewater O.oerations: Ross Johnson announced Operator Matt Persic was named the 1995 Operator of the Year by the California Water Environment Association. ~JJ]_C_~E~ Mr. Crawford acknowledged that the District carries a very Iow debt service ratio. He also stated the export pipeline should be replaced immediately using the pay-as-you-go method. Darrell Schue. Accurate TV. APN 23-241-52. came before the Board to seek relief from a supplemental water connection fee based on peak use as provided by Ordinance 439. Most of his water usage is for irrigation. Mr. Schue would like his billing to be based on annual consumption instead of peak days. Diane Noble pointed out staff has postponed peak reads twice, and additionally, have calculated his supplemental fee based on the revised Connec- tion Fee Ordinance No. 452. After discussion, the Board determined Ordinance No. 452 was fairly applied by staff. Since Mr. Schue was amenable to xeriscaping his property in an attempt to reduce water usage, the Board agreed to allow that one additional read be performed which may incorporate his landscaping changes. Moved Wallace/Second Mason/Mosbacher Voted ~ to assess Mr. Schue over a period that is agreeable to both he and the District, for no less than one year and no longer than 18 months, with payment plans. Ordinance No. 452 will remain in effect, and the Board will make a special finding that since the goal of the Ordinance is to reduce water use and because of the special circumstances in which Mr. Schue was caught in at the time (Mr. Schue's water application was pending at the time Ordinance No. 439 was adopted, precluding his ability to pay the fees he anticipated; Mr. Schue was not given an estimate of the impact on use which would result from extensive landscaping with turf). In the event Mr. Schue comes back to the District to request another reading, the District will accept that reading and base his fees on that reading. COMMENTS FROM THE AUDIENCE (Continued) REQUEST TO APPEAR BEFORE BOARD: DARRELL SCHUE, APN 23-241-52 ST057511 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE - 3 Director Mosbacher would have preferred a payment plan be accepted in the form of one motion, and another motion be made regarding the special finding for water conservation. REQUEST TO APPEAR BEFORE BOARD: DARREL SCHUE, APN 23-241-52 (Continued) PUBLIC HEARING 3:15 PM PUBLIC HEARING RECEIVE PUBLIC COMMENT REGARDING THE A-LINE EXTENSION PROJECT AND ENVIRONMENTAL DOCUMENTS President Strohm opened the Public Hearing at 3:15 PM. OPEN HEARING Richard Solbrig stated an Environmental Impact Report was completed last year for the portion of the A-Line that is in the floodplain of the Upper Truckee River. When designing the project, due to the leak history last March, it was determined the section of the line on Arapahoe Street was a high leak area. That portion of the line was added to the construction project, but necessitated another environmental document because it is located outside the 100 year floodplain of the Upper Truckee River. An Environmen- tal Assessment/Negative Declaration was prepared by HBA for the approval of this added portion. All property owners within 300 feet of any of the options listed in the document were contacted, and the State Clearinghouse published it. During the public review period, only two comments were received: one was a phone call from the owner of the Roadrunner to ensure the line would not be on his side of the road; and a letter was received from Lahontan. The response to Lahontan is included as part of the final environmental package being certified. STAFF REPORT None. pUBLIC COMMENTS Attorney Sare reported this A-Line relocation from a stream environment zone is also pursuant to the mitigation agreement between STPUD, TRPA and The League to Save Lake Tahoe. Attorney Sare requested that the record reflect that upon completion of this project, the District has no further duty to that agreement as it relates to the A-Line, this is the final mitigation measure. BOARD MEMBER COMMENTS ST057512 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE Richard Solbrig stated the project is on schedule in terms of the award and start of construction. The schedule allowed two building seasons to finish the A-Line portion that is located in the floodplain of the Upper Truckee River. It will be completed one year early. Duane Wallace stated this project is a completion of a mitigation measure. The document shows that a net benefit to the environment will be had, so a Neg Dec is the proper thing to do. Moved Jones/Second Mason/Passed Unanimously to certify the Environmental Assessment/Negative Declaration for the A-Line extension, including the Findings as outlined in the supplemental to the Negative Declaration of the Environmental Impact Report as outlined on Page 1. President Strohm closed the Public Hearing at at 3:25 P.M. 3:25 P.M. 3:30 P.M. Reed Schmidt gave an overhead presentation reviewing additional alternatives for financing the export line repair/replacement project: 1) no rate increase, 2) 6% rate increase, and 3) bank loans. The various pros and cons of each alternative were discussed by the Board and staff. Additional com- ments were heard from Mr. Bill Crawford. Another public hearing is scheduled for May 2, at 7:00 p.m. The budget is scheduled for adoption on May 16. Staff requested Consent Item 5 be brought forward for discussion prior to Board action. Moved Mason/Second Jones/Passed Unanimously to approve the Consent Calendar as amended: PUBLIC HEARING: RECEIVE PUBLIC COMMENTS REGARDING THE A-LINE EXTENSION PROJECT AND ENVIRON- MENTAL DOCUMENTS (Board Member Comments Continued) CLOSE HEARING MEETING BREAK MEETING RESUMED PRESENTATION: EXPORT LINE FINANCIAL PLAN ALTERNATIVES CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR ST057513 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE - 5 1) Approved Joe Stella Trucking for the hauling of spoils from various job sites through 12/31/96, in the approximate amount of $30,000 - $40,000; CONSENT CALENDAR (Continued) 2) Authorized award of Alpine County Property Grazing Lease to the highest responsive, responsible bidder, Jubilee Ranch, Milton E. Bacon, in the amount of $15,453 for the period of June 15 through October 15, 1996, 1997, and 1998; 3) Determined that Arrowhead Trunk Line project is exempt from CEQA, and authorized filing a Notice of Exemption with the El Dorado County Clerk; 4) Approved Change Order No. 3 for Utility Boring Inc. in the amount of $1,528.13 for the Highway 50 Waterline Replacement project; 6) Authorized staff to advertise for bids for the demoli- tion of abandoned District facilities; 7) Authorized staff to advertise for bids for construc- tion of the Al Tahoe Pump Station; 8) A) Waived District Purchasing Policy; and B) Author- ized purchase of two pressure relief valves from Golden Anderson Co. in the amount of $24,999.89 for the B-Line Surge Tank; 9) Approved granting of easement from the District to El Dorado COunty for El Dorado County's Black Bart Erosion Control project; 10) Adopted Regular Board Meeting Minutes: 3/21/96. CONSENT ITEMS BROUGHT FORWARD FOR ACTION/DISCUSSION Chris Twomey reviewed the single quote received from XL Pumps. Moved Mosbacher/Second Wallace/Passed JJj~ to: A) Waive District Purchasing Policy; and B) Authorize purchase of two pump/ motor units in the amount of $9,830 plus tax and shipping. BOULDER MOUNTAIN BOOSTER STATION DOMESTIC PUMP/MOTOR UNITS (Consent Item 5) REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE ITEMS FOR BOARD ACTION This item was brought to staff's attention after the posting of the Agenda and due to the nature of the construction season, must be discussed immediate- ly. Attorney Sare presented the following findings for declaration of a Great Emergency: The District has been negotiating for an easement right-of-way for the A-Line, all easements have been obtained with the exception of the easement from Sunset Stables. They were to respond by April 15. Nego- tiations were occurring during preparation of this Agenda, and staff did not know at that time that this would be an item. No response has been re- ceived from Sunset Stables, the District sent a second letter and doubled the offer; still no response. If this is not added to the agenda now so the appropriate action can be taken and the property owner still refuses to commit, the District would have to postpone the placement of the A-Line on Sunset Stable's property. A-LINE RELOCATION PROJECT Moved Mason/Second Mosbacher/Passed ~3J3~DDJJSJ~ to approve that A-Line Relocation Project be added to the Agenda as an emergency and that sufficient findings have been presented to declare a Great Emergency. Presented by Ken Schoeder. This item has been reviewed by the Operations Committee. AL TAHOE WATERLINES Moved Jones/Second Mason/Passed Unanimously to authorize payment for miscellaneous material, equipment rental, and contract labor in the approximate amount of $100,000. Chris Twomey reported one bid was received. Moved Jones/Second Mason/Passed Unanimously to award bid to lowest responsive, responsible bidder, XL Pumps, in the amount of $39,989.§6. Richard Solbrig reported this item may be discussed at Lahontan's June meeting as a larger issue. Several utility companies have had the same requirements im- posed on their projects. The mitigation measures required seem excessive. BOULDER MOUNTAIN BOOSTER $TATION FIRE PUMP A-LINE RELOCATION ST057515 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE- · Payment of Claims includes a $64,000 Certificate of Deposit in Lahontan's name that is being posted with Truckee River Bank to'guarantee the completion of the off-site mitigation work (SEZ restoration). The CD will be returned if Lahontan waives the requirement or upon completion of the work. Moved Jones/Second Mason/Passed Unanimously to approve the work order for Harland Bartholomew Associates in an amount not to exceed $18,000, to provide SEZ/wetlands delineation and restoration plans. Moved Mosbacher/Second Wallace/Passed UJ~ to approve payment in the amount of $599,767.09. Great Emergency: Richard Solbrig reported on prob- lems encountered while trying to obtain an easement on the Sunset Stables property for the A-Line Reloca- tion project. District staff has been providing information to the owner of Sunset Stables since December, 1995. The District has submitted a formal purchase offer to the property owner; no response was received by the requested date of April 15. A final offer was then submitted to the owner with a response date of April 22, after which eminent domain action must be initiato ed to allow this important project to move forward. Attorney Sare stressed the important time line that must be met; access must be obtained as soon as possible and therefore, can not be delayed until the next meeting. Moved Jones/Second Strohm/Passed Unanimously to authorize staff to file an eminent domain action to obtain access for project contractor onto Sunset Stable's property. planning/Ordinance Committee: The committee will meet Monday, April 22, at 10:00 a.m. Diane Noble reported Embassy Vacation Resorts now plans on installing 85 gallon whirlpool tubs in their units. A-LINE RELOCATION (Continued) PAYMENT OF CLAIMS A-LINE RELOCATION PROJECT BOARD MEMBER STANDING COMMITTEE REPORTS ST057516 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE - 8 Water and Wastewater O.oerations Committee: The committee met and discussed several items on this agenda. Minutes from this meeting are available upon request. BOARD MEMBER STANDING COMMITTEE REPORTS (Continued) Legislative Funding Committee: Holland & Knight sent a proposal outlining steps to be taken during the next 4-6 months for export line funding appropriation. AD HOC COMMITTEE REPORTS Director Wallace reported Senator Leslie will hold a fundraiser at Embassy Suites on May 9. BOARD MEMBER REPORTS Director Mosbacher attended a fishery meeting in Alpine County. Manager Baer reported on 5 items: 1) Sorenson's Resort has requested a will-serve letter, which the District cannot issue until outstanding technical issues are addressed. 2) A meeting was held with TCPUD to discuss relation- ships with Lahontan. 3) A Lodging Association Meeting was held April 11. The association formed a committee to develop questions regarding the District's budgets. 4) Two Ski Run Pump Station meetings were held with representatives from Paal-Co. Jaye Yon Klug attended the second meeting. Major issues were agreed upon. Dennis Crabb will draft a three-party MOU and indem- nity agreement. 5) The A-Line groundbreaking ceremony will be held April 29. Attorney Sare reported the motion for summary judgment in the Schwake water rights case will be heard in the Federal Court on April 22. Finance Officer McFarlane reported the auditors, Perry Smith, recently examined the internal controls in place within the Finance Department. They reported the District's controls are among the best they have ever seen. ST057517 REGULAR BOARD MEETING MINUTES - APRIL 18, 1996 PAGE 6:30 P.M. MEETING BREAK 6:40 P.M. MEETING RESUMED AND ADJOURN- MENT TO EXECUTIVE SESSION 8:14 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board directed staff regarding legal services provider interview schedule, Pursuant to Government Code Section 54957/Legal Services Provider No Board action. The Board directed staff regarding property purchase. No Board action. Pursuant to Government Code Section 54956.8/Rec Park Booster Station Property Negotiations 8:15 P.M. ADJOURNMENT Christopher H. Strohm, President of Board South Tahoe Public Utility District ATTEST: ~=:~<,.~/~,,bv' _~---d2_.~ _.,¢~ Kathy Shar~lerk of Boa(d South Tahoe Public Utility District ST057518 MEETING: DATE: 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. $T05751.9