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06-19-97 SOUTH TAHOE PUBLIC UTILITY DISTRICT Basic Services for a Complex World Christopher H. Strohm, President BOARD MEMBERS James Jones, Vice President Robert Meson, Director Mary Lou Mosbacher Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 19, 1997 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session June 19, 1997, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Wallace, Jones, Mason, and Mosbacher ROLL CALL STAFF' Baer, Solbrig, Sharp, McFarlane, Rieger, Brown, Noble, Garcia, Adams, R. Johnson, Taylor, Schroeder, Schrempp, and Attorney Neese GUESTS: Judy Brown/City Council Liaison, John Upton/El Dorado County Supervisor, J. Levon Touryan/LakeTahoe Pizza Company, Tom Davis/City of SLT Mayor, Joyce Blackstone Consent Item 10 was brought forward for a separate vote. Moved Mosbacher/Second Jones/Passed Unanimously to approve the Consent Calendar as amended' CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR ST007304 REGULAR BOARD MEI=/ING MINUTES -JUNE 19, 1997 PAGE - 2 1) Authorized staff to solicit bids for lease/purchase of a loader; 2) Authorized implementation of the two-week dis- connection procedures for delinquent sewer and/or water accounts; 3) Authorized implementation of the two-week dis- connection procedures on the property located at 3369 Lake Tahoe Boulevard, APN 27-010-081 for failure to perform annual backflow assembly test; 4) Authorized implementation of the two-week dis- connection procedures on the property located at 870 Lake Tahoe Boulevard, APN 33-284-09 for failure to perform annual backflow assembly test; 5) Authorized implementation of the two-week dis- connection procedures on the property located at 2250 Lake Tahoe Boulevard, APN 23-251-30 for failure to perform annual backflow assembly test; 6) Authorized an extension of the dry polymer contract with Allied Colloids in the amount of $76,876.80 for the fiscal year 1997/98; 7) Authorized award of contracts to the lowest respon- sive, responsible bidders: Sierra Chemical Co. for chlorine in the amount of $53,849.69, and All Pure Chemical Co. for sodium hypochlorite in the amount of $16,575; 8) Authorized staff to solicit bids for lease/purchase of a tractor; 9) Authorized staff to solicit bids for construction of the Ponderosa Pump Station; 11) C-Line Export Pipeline Emergency Replacement- Approved Project Waiver and Release for Richard Cox Construction, and authorized filing a Notice Completion with the Alpine County Clerk; CONSENT CALENDAR (Continued) ST007305 REGULAR BOARD MEETING MINUTES - JUNE 19, 1997 PAGE - 3 12) Adopted Resolution No. 2657 for Sewer Enterprise Fund Appropriation Proceeds of Taxes for Fiscal Year 1997/98; CONSENT CALENDAR (Continued) 13) Approved Regular Board Meeting Minutes of May 1, 1997. CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION Moved Jones/Second Mosbacher/Mason Abstained/ Passed to approve Change Order No. 1 for Thomas Haen Construction in the amount of $9,918. (Director Mason abstained from voting due to a potential financial conflict.) B-LINE SURGE TANK (Consent Item No. 10) (Note: At this point the Board Meeting was interrupted by a phone call from Congressman Doolittle. He announced that $7.25 million in funding for the District's export line replacement project has been included in the VA HUD Appropriations Bill.) Mr. Touryan came before the Board to protest the size of grease interceptor required by District inspectors. He requested the UPC formula used to determine size requirements be reviewed and adjusted. The Board directed staff and the Operations Committee to review this matter. This item will be revisited by the Board after recommendations have been received. REQUEST TO APPEAR BEFORE THE BOARD: J. LEVON TOURYAN, LAKE TAHOE PIZZA COMPANY 3:45 P.M. MEETING BREAK MEETING RESUMED 3:55 P.M. ITEMS FOR BOARD ACTION Presented by Kay Taylor and Diane Noble. Attorney Neese reviewed this item and has determined the District is not subject to the authority quoted by the El Dorado County Auditor. Attorney Neese will prepare a letter to the El Dorado County Auditor and County Counsel informing them of the District's position on this matter. COUNTY AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES AND ASSESSMENTS No Board action. ST007306 REGULAR BOARD MEETING MINUTES - JUNE 19, 1997 PAGE - 4 Moved Jones/Second Mosbacher/Passed Unanimously to approve payment in the amount of $650,362.16. Water and Wastewater Operations Committee: The committee met June 16 and discussed several items on this agenda. Minutes from the meeting are avail- able upon request. County Water A~ency/EDWPA Committee: The County Water Agency passed a resolution in support of the District's efforts to have the ACLs levied by Lahontan dismissed. Their support is very much appreciated. Rick Hydrick and Attorney Neese attended a meeting in Placerville June 18 to research the sale of the Texas Hill property. LAFCO/Constitutional Revision Committee - Manager Baer reported he spoke to LAFCO's executive officer. A concise map and legal description of the proposed annexation is required. Staff will prepare these and submit to LAFCO for approval. Legislative Funding Ad Hoc Committee: President Strohm reported on the events of the recent Water Quality Workshop that was hosted in preparation for the Presidential Environmental Summit. Carol Browner, EPA, is supportive of the issues facing the District. Director Wallace suggested a letter be prepared to the president of the League to Save Lake Tahoe relaying concern regarding Rochelle Nason's attempt to discredit the District's need for federal funding. Manager Baer reported on several important contacts that were made during the Water Quality Workshop. Director Mosbacher reported on two items: 1) MTBE may be the reason for the noticeable decrease in air pollution in Placerville. 2) The District should focus on educating its customers that effluent is not raw sewage; it is clear, treated water. PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS ST007307 REGULAR BOARD MEETING MINUTES - JUNE 19, 1997 PAGE - 5 Director Wallace reported on two items: 1) John Hargrove would like to discuss energy deregulation at a future Board meeting. 2) He will ask TCI to air the video tapes of the June 6 Lahontan public hearing for the ACLs levied against the District. Manager Baer reported on two items: 1) An Incentive Program Committee meeting will be held soon. He encouraged the designated Board representative to provide feedback to the full Board. 2) A surprise announcement will be delivered at the District office on June 25. He encouraged the Board to attend. Assistant Manager/Engineer: Richard Solbrig reported on the status of all emergency projects: BOARD MEMBER REPORTS (Continued) GENERAL MANAGER/STAFF REPORTS STATUS OF EMERGENCY PROJECTS C-Line Ememencv Proiect of August 8, 1996 - This pro- ject was declared completed at the May 15, 1997 Board Meeting. Solbrig reported the final Change Order with Richard Cox Construction has been negotiated, bringing the project total to $1,071,918.88. Spring Creek Emergency Project of April 17, 1997 - The work has been completed for a total amount of $Z4,505. The USFS will provide reimbursement for their portion of the road grading in the amount of $9,960, which will reduce the total amount to $14,545. FEMA may provide reimbursement for the backfilling of the trench. Millich Ditch/Snowshoe Thompson Ditch No. 1 Emer- gency Proiect of March 20, 1997 - Resource Concepts has completed the final pipeline design. It has been reviewed by District engineers and Don Bently's repre- sentatives. Hal Bird and Attorney Neese are working diligently to resolve the Woodfords Inn issue. Attorney Neese reported that comments have been received from the attorney for McDonald's on the Bijou Pump Station Grant of Easements and Maintenance Agree- ment. Final negotiations are expected to be completed soon, ST007308 REGULAR BOARD MEETING MINUTES - JUNE 19, 1997 PAGE - 6 5:25 P.M. MEETING BREAK 5:30 P.M. MEETING RESUMED AND ADJOURNED TO CLOSED SESSION 7:10 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON I I =MS DISCUSSED DURING EXECUTIVE SESSION 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 - Significant Exposure to Litigation (One Case) It was the consensus of the Board to direct Attorney Neese to prepare a petition for review with the State Water Resources Control Board. The District's Board has thoroughly and carefully considered the issues and decision by the Lahontan Regional Board, all evidence that has been presented, and the overwhelm- lng support of the District's position by the citizens in our community. The actions by the Lahontan Regional Board, in light of the law and the evidence presented to it, was unjust, unfair, and wholly inappropriate. Pursuant to Section 54956.9(b) of California Government Code/ Conference with Legal Counsel - Anticipated Liti,qation (One Case) This District is committed to meeting the needs of its customers, to protecting the health and safety of the community, preserving and protecting the environment. Lahontan Regional Board's bureaucratic response of imposing the ACLs is regulation for the sole purpose of regulating, and inhibits and prevents the District from acting as the implementing agency to achieve these goals. The District will appeal this decision before the State Water Resources Control Board because our cause is right, is just and in the best interests of our community and the environment. ST007309 REGULAR BOARD MEETING MINUTES - JUNE 19, 1997 PAGE - 7 7:45 P.M. ADJOURNMENT Christopher H. Strohm, President of Board South Tahoe Public Utility District Katt~y Sha~/Clerk of Boa~l South Tahoe Public Utility District ST007310 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 # ST057253