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10-16-97 SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General Manager Richard Solbrig, Assistant Manager Christopher H. Strohm, PresidentBOARD MEMBERS James Jones, Vice President Robert Mason, Director Mary Lou Mosbacher, DirectorDuane Wallace, Director . REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 16, 1997 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session October 16, 1997, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Strohm, Directors Wallace, Jones, Mason, and Mosbacher. STAFF: Baer, Solbrig, Sharp, McFarlane, Bird, R. Johnson, Noble, Rieger, Hydrick, Rondoni, Schrempp, Hoggatt, and Attorney Neese. GUESTS: Judy Brown/City Council Liaison; Fred Girard/Kronick, Moskovitz, Tiedemann and Girard; Sue Rae Irelan, John Tankeh, Brian Shinault/Representing Starbucks Coffee; Jim Meredith/Manager of South Y Center; Raj Patel/Quality Inn; David Kelly; Pembroke Gochnauer; Florrie Donovan; and Louise Brown. Staff requested Action Item No. 4 (1997 Paving and Sealing Project) be removed, as the situation has been satisfactorily resolved. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ST057211 REGULAR BOARD MEETING MINUTES -OCTOBER 16, 1997 PAGE -2 Consent Items 4 and 5 were brought forward for discussion prior to Board action. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (Continued) Moved Jones/Second Mason/Wallace Absent/Passed to approve the Consent Calendar as amended: CONSENT CALENDAR 1) Authorized implementation of the two-week disconnec- tion procedures on the property located at 1020 Al Tahoe Boulevard, APN 25-010-311; 2) Approved payment to the Substitute in the amount of $10,000 for temporary help in the Operations Depart- ment; 3) Authorized payment to the State Water Resources Control Board in the amount of $10,000 for the annual plant operating fee; 6) Approved software maintenance agreement for Utility Billing System in the amount of $12,000 per year; 7) Approved payment to Parsons Harland Bartholomew and Associates in the amount of $12,800 to prepare grant application and CEQA documentation for Cold Creek Erosion Control and SEZ restoration; 8) Approved Change Order No. 1 for Kelly Erosion Control in the amount of $4,040 for A-Line Revegetation Project; 9) Approved increase to Task Order for Parsons Harland Bartholomew and Associates in the amount of $5,250 for A-Line Replacement: Phase II; 10) Authorized payment of annual dues in the amount of $11,105 to Association of California Water Agencies (ACWA); 11 ) Approved Regular Board Meeting Minutes of 9/4/97. CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION Mr. Patel came before the Board to request reimburse- ment for lost business caused by an unannounced water shut-off on October 4. The shut-off was due to culvert LIABILITY CLAIM RECEIVED FROM RAJ PATEL/QUALITY INN (Consent Item 4) ST057212 REGULAR BOARD MEETING MINUTES - OCTOBER 16, 1997 PAGE - 3 work being performed by the City of SLT, who notified District staff of the need for the shut-off only hours before. Staff attempted to notify all persons who would be affected by the shut-off, as soon as they were made aware, but due to incorrect valving, the shut-off unex- pectedly affected Quality Inn. The Board discussed the need for improved communications between City and District staff. Moved MosbachedSecond Mason/Wallace, Jones, and Strohm Voted No/Motion Did Not Carry to reimburse Quality Inn for loss of business in the amount of $220.00 and to submit the claim to the City of SLT for reimbursement to the District to demonstrate the need for better communications. Moved Wallace/Second Jones/Passed Unanimously to reimburse Quality Inn for loss of business in the amount of $220.00, and directed staff to meet with the City staff to convey the need for improved communications. This item came before the Board on October 2. Since then, the Operations Committee reviewed this item and determined the responsibility for the leaking valve belongs to the property owner, Louise Brown. Staff tested the leak for chlorine and eliminated the possibility that the leak may be the result of an underground spring. Mrs. Brown stated she is unwilling to hire a plumber at this time. Several options were discussed, none of which were agree- able with Mrs. Brown. Pembroke Gochnauer offered to work with Mrs. Brown to locate a qualified plumber to repair the leak. This solution satisfied Mrs. Brown. Moved Mason/Second Jones/Passed Unanimously to pro- ceed with two-week disconnection procedures, if the leak was not satisfactorily repaired. Representatives of Starbucks Coffee came before the Board to object to staff's recommendation that a properly sized grease interceptor (750 lbs.) be installed at Star- buck's remodeled retail space at the South Y Center. It is their position Starbuck's operation includes no food pre- paration or food service, except for sale of pre-made pastry. They believe the requirement that an interceptor be installed resulted from their installation of a sanitized dishwasher. Starbuck's is willing, instead, to install grease trap(s) at appropriate locations. They requested they be LIABILITY CLAIM RECEIVED FROM RAJ PATEL/QUALITY INN (Consent Item 4 Continued) WATER DISCONNECTION PRO- CEDURES: FAILURE TO REPAIR LEAK IN PRIVATE PLUMBING ON PROPERTY LOCATED AT 2524 WILLIAMS AVENUE, APN 31-113-08 (Consent Item 5) REQUEST TO APPEAR BEFORE THE BOARD: STARBUCKS COFFEE ST057213 REGULAR BOARD MEETING MINUTES -OCTOBER 16, 1997 PAGE - 4 be allowed to install grease traps accompanied by a legal REQUEST TO APPEAR BEFORE obligation to seek additional District approvals, in the event THE BOARD: STARBUCK'S of future modification/alteration of kitchen equipment. COFFEE (Continued) Staff's position is that it is consistent to require a grease interceptor, since dishwashers are not supposed to drain to grease traps. Plans submitted by Starbucks, along with a cover letter, both indicate installation of a dishwasher. After the requirement for the interceptor was placed on the plans, the dishwasher was referred to as a "sanitizer." Regardless of whether a dishwasher or sanitizer is used, the proper type of grease protection must be installed. Starbuck's representatives stated a properly installed grease trap(s) would be sufficient to handle the minimal amount of grease produced by their operation. A lengthy discussion followed regarding: amounts of grease pro- duced, dishwashers vs. sanitizers, coffee bars vs. res- taurants, dishwasher drainage, delaying interceptor installation until spring, and the need to hold a workshop to review District's Ordinances and to consider amending to allow these types of operations to be taken into consideration. Moved Wallace/Second Mason/Strohm Voted No/Passed to approve the project, with the requirement that two grease traps be installed, and that no requirement for an interceptor be imposed in the future. Attorney Neese was directed to negotiate a three-party legal agreement between Starbucks, the landlord of the South Y Center, and the District, stating that in the event the operations at this site are ever chang- ed the District is to be notified. (The costs to prepare the agreement are to be borne by the applicant.) A Workshop is scheduled for November 13, at 4:00 p.m., to address these types of issues. 4:00 p.m. 4:10 p.m. MEETING BREAK MEETING RESUMED AND ADJOURNED TO EXECUTIVE SESSION ST057214 REGULAR BOARD MEETING MINUTES -OCTOBER 16, 1997 PAGE -5 ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Staff and legal counsel were directed regarding this item. The Board authorized additional funds for defense of this litigation. 4:40 P.M. Pursuant to Section 54956.9(a) of California Government Code/ Schwake v. STPUD, Federal Case No. CV-N-93-851-DWH RECONVENE TO REGULAR SESSION ITEMS FOR BOARD ACTION Jim Hoggatt reported the 90% plan review is in progress. The Operations Committee has reviewed this item and recommended approval. The revised budget will be presented in November that incorporates the impacts of the grant and the accelerated construction schedule. Moved Mason/Second Jones/Passed Unanimously to authorize staff to advertise for bids. Richard Solbrig reported that a request for additional staff, to administer the grant, will be presented to the Board in November. The FEMA funding appeal required major modifications. The FEMA Ad Hoc Committee reviewed this item and recommended additional funding be approved to allow for expansion of the appeal document. Moved Strohm/Second Mason/Passed Unanimously to authorize additional funds in the amount of $17,000 for consultants to assist with securing federal funds. Moved Jones/Second Wallace/Passed Unanimously to approve payment in the amount of $643,987.11. Planning/Ordinance Committee: The committee will meet October 23. County Water Agency/EDWPA Committee: EDWPA is expected to meet October 24. A-LINE REPLACEMENT: PHASE II FEMA FUNDING FOR THE PONDEROSA PUMP STATION PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS REGULAR BOARD MEETING MINUTES -OCTOBER 16,1997 PAGE - 6 Legislative Fundin,q Ad Hoc Committee: The VA-HUD bill that contains the $7.15 million earmarked for the District's export pipeline relocation project has been signed by the House and Senate. President Clinton is expected to sign the bill soon. BOARD MEMBER AD HOC COMMITTEE REPORTS Lahontan/SWRCB Communications Ad Hoc Committee: Mark Lucksigner has applied for appointment to the Lahontan Regional Board. Manager Baer reported on three items: 1) Dawn Forsythe, the new District Information Officer, begins work October 27, 1997. 2) Senator Boxer will be introducing a Tahoe Funding Bill. A draft is expected this week and is expected to be introduced to the Senate soon. Senator Feinstein and Congressman Doolittle are also working on Tahoe bills of their own. 3) The Candidates Forum will be held October 21, at 5:00 p.m. Richard Solbrig reported on the status of the remaining emergency projects: GENERAL MANAGER/STAFF REPORTS STATUS OF EMERGENCY PROJECT Upper Truckee River Gravity Sewer Line Crossing (near Morton Dr. and South Upper Truckee Road) Emergency of 10/2/97 - A purchase order was written for Whiterock Construction to haul rip rap into the basin for use in protecting the line. The Fish and Game permit has been applied for. A draft report was received from hydrolo- gist, Ed Wallace. After review of the report by staff, it will be used as an attachment to the Fish and Game permit. It will also be used as a working document when staff meets with Lahontan and TRPA to review the site. Millich Ditch/Snowshoe Thompson Ditch No. 1 Emer- gency Project of March 20, 1997 - Project plans are being reviewed by FEMA so the NEPA review process can be completed. Clarence Burr has unexpectedly requested to participate in the project and asked Bently to pay his share. This will create a temporary delay in the bid process. Local contractors that will be invited to bid on this project include: G. B. Construction, Whiterock Construction, Ebright Con- struction, and Thomas Haen Construction. ST057216 REGULAR BOARD MEETING MINUTES -OCTOBER 16, 1997 PAGE - 7 Manager Baer presented accomplishments of 1997 and goals for 1998. President Strohm commended Baer for a job well done. Rhonda McFarlane reported on the results of the 1997 Fiscal Year. GENERAL MANAGER/STAFF REPORTS (Continued) Attorney Neese reported on two items: 1) He will be working closely with the Alpine County Land Application Manager on water rights agreements. 2) The standard construction contract specification docu- merits and insurance indemnity provisions will be updated. 5:35 P.M. 5:50 P.M. MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION 7:15 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board reached a settlement agreement with Sunset Stables (Tahoe Trust) and authorized compensation be paid in the amount of $5,000 for acquisition of a utility easement. Pursuant to Section 54956.9(a) of California Government Code/ Conference with Legal Counsel - Existing Litigation, STPUD v. Tahoe Trust of 8~9~92, El Dorado Superior Court Case No. SV-0786 The Board directed legal counsel regarding this item. No Board action. Pursuant to Section 54956.9(a) of California Government Code/ Conference with Legal Counsel Existing Litigation (one case): Utility Boring, Inc. vs. STPUD, El Dorado Superior Court Case, SV-1204 The Board directed legal counsel regarding this item. No Board action. Pursuant to Section 54956.9(b) of California Government Code/ Conference with Legal Counsel - Anticipated Litigation (one case) ST057217 REGULAR BOARD MEETING MINUTES - OCTOBER 16, 1997 PAGE - 8 The Board directed negotiators regarding this item. No Board action. The Board approved compensation, in accordance with Ordinance No. 463. 7:20 P.M. Pursuant to Section 54957.6 of California Government Code/ Conference with Labor Negotiators re: STPUD Management Staff Pursuant to Section 54957.6(a) of California Government Code/ Public Employee Performance Evaluation for Unrepresented Employee: General Manager Position ADJOURNMENT Christopher H. Strohm, President of Board South Tahoe Public Utility District ATTEST: Kathy Sha~'~Clerk of the Bd'ard/Executive Secretary South Tahoe Public Utility District ST057218 DATE: REGULAR BOARD OF DIRECTORS MEETING GUEST SIGN-IN SHEET IN ACCORDANCE WITH THE BROWN ACT: COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE, NAME ~ I ADDRESS I PHONE # '! ~ ~ qqoz~ ST057219