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03-20-97SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Christopher H. Strohm, President BOARD MEMBERS James Jones, Vice President Robert Mason, Director Mary Lou Mosbacher Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MARCH 20, 1997 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session March 20, 1997, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Wallace, Jones, Mosbacher. Director Mason was absent. ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Swain, Gwinn, Noble, Garcia, Bird, Regan, R. Johnson, Taylor, Schroeder, Hydrick, Brown, Attorney Neese GUESTS: Judy Brown/City Council Liaison, Steve Goodall/Tahoe Waterfest '97, Pembroke Gochnauer Ross Johnson reported that in a recent article regarding the Tahoe Waterfest '97 it was stated the District would provide the holding pond to use for motor craft fuel testing. This information is incorrect. Steve Goodall came before the Board to apologize for the error. It is possible that in the future he may approach the District with a request to use the pond, however, Tahoe Research group feels it may be too large for their purposes. COMMENTS FROM THE AUDIENCE ST057305 REGULAR BOARD MEETING MINUTES -MARCH 20, 1997 PAGE -2 Pembroke Gochnauer came before the Board to read his letter into the record regarding the District's upcoming hearing before Lahontan. He objected to the hearing being held at Lake Arrowhead, rather than locally. Upon request of the authors, the Clerk of the Board read aloud two other letters received on the same topic. President Strohm pointed out that the 1997/98 Budget Workshop was added by an Addendum to the Agenda. All noticing requirements for this addition were met. Hal Bird requested Millich Ditch/Snowshoe Thompson Ditch No. 1 be added to the Agenda as an emergency item. This item came to staff's attention after the posting of the Agenda and due its urgent nature, must be dis- cussed immediately. Attorney Neese presented the legal framework required to declare this an emergency item so that it may be added to the agenda. Hal Bird confirmed an emergency exists due to the fact that a portion of the ditch, an integral part of the freshwater conveyance system to Indian Creek Reservoir, was severely damaged when re- cent floods caused the nearby hillside to slide. Immediate repairs are necessary to ensure contractual obligations to provide irrigation water are met. Moved Wallace/Second Jones/Mason Absent/Passed that sufficient evidence has been presented to determine an emergency situation exists. This item will be added to the Agenda as Action Item No. 3. Staff requested Consent Item No. 2 be removed as the situation had been satisfactorily resolved. Consent Item No. 7 was brought forward for discussion prior to Board action. Moved Jones/Second Mosbacher/Mason Absent/Passed to approve the Consent Calendar as amended: 1) Authorized implementation of the two-week discon- nection procedures for delinquent sewer and/or water accounts; COMMENTS FROM THE AUDIENCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR ST057306 REGULAR BOARD MEETING MINUTES -MARCH 20, 1997 PAGE -3 3) 4) 5) 6) 8) 9) Declared the old vacuum system on the camel truck surplus property and made an exception to the Surplus Policy by offering it for sale to Lukins Water Company for the amount of $2,500; Authorized staff to solicit bids for backhoe purchase; Authorized staff to contract with Nationwide Companies to auction surplus property at public sale; Boulder Mountain Booster Station - Approved Change Order No. 2 for Thomas Haen Company in the amount of $898; Luther Pass Pump Station - Authorized purchase of check valve to replace check valve No. 1 in the amount of $15,768 plus tax and freight; Adopted Regular Board Meeting Minutes of February 20, 1997. CONSENT CALENDAR (Continued) CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION Rick Hydrick brought this item forward to report the actual repair cost was higher than anticipated. Moved Jones/Second Strohm/Mason Absent/Passed to authorize expenditures in an amount not to exceed $17,880 for the repair of pump No. 1. LUTHER PASS PUMP STATION: REPAIR OF PUMP NO. 1 (Consent Item No. 7) ITEMS FOR BOARD ACTION Ken Schroeder reported these costs may be reimbursed by FEMA. The Operations Committee reviewed this item and recommends approval. Moved Jones/Second Wallace/Mosbacher Voted No/ Mason Absent/Passed to award contract to the lowest responsive, responsible bidder, Pacific Pipeline Survey, in the estimated amount of $16,944.93. Moved Wallace/Second Jones/Mason Absent/Passed to approve payment in the amount of $638,878.02. TELEVISION SERVICES OF SPRING CREEK SEWER LINE PAYMENT OF CLAIMS ST057307 REGULAR BOARD MEETING MINUTES - MARCH 20, 1997 PAGE -4 This emergency item was added to the Agenda by a unanimous vote of the Board members in attendance. Hal Bird reported the ditches, which are an integral part of the fresh water conveyance system to Indian Creek Reservoir, were severely damaged when recent floods and severe weather conditions caused the nearby hill- slide to slide near Woodfords. Immediate repairs are necessary to ensure contractual obligations to provide irrigation water for the adjacent pasture lands are met and to eliminate further damage to downstream property owners. A potential liability also exists if the hillside were to slide further. Replacement of the ditches will be by the installation of a pipeline. FEMA may reimburse for damages directly related to the portion of the ditches affected by the hillside. The Conservation District will repair the hillside. Other costs incurred will be reim- bursed by ditch users. Attorney Neese presented the legal framework to de- clare this an emergency item. Bird made the following determinations: A) Per Section 1102 of the Public Contract Code, this damage is a sudden, unexpected occurrence that poses a clear and imminent danger which could lead to the loss or impairment of health, property and/or essential public services and constitutes an emergency. B) The emergency will not permit a delay resulting from a competitive solicitation for bids. C) Immediate actions directly related to the emergency, including repair or replacement of the Millich Ditch and Snowshoe Thompson Ditch No. 1 and actions to procure the necessary equipment, services and supplies are necessary to respond to the emergency and shall be made without giving notice for bids to let contracts. By adopting Resolution No. 2650, the Board will make the following findings: sufficient evidence was presented to determine that an emergency situation exists, repairs are necessary to maintain service and to mitigate the MILLICH DITCH/SNOWSHOE THOMPSON DITCH NO. 1 EMERGENCY ST057308 REGULAR BOARD MEETING MINUTES - MARCH 20, 1997 PAGE -5 emergency, the timely progress of repairs would be im- pacted by the formal bidding process, and immediate action is necessary to respond. The resolution also stipulates that the Board delegates authority to the General Manager to order any action in response to the emergency. Additionally, because of the emer- gency, the project is exempt from CEQA requirements. Moved Strohm/Second Jones/Mason Absent/Passed to adopt Resolution No. 2650. 2:55 P.M. 3:05 P.M. Rhonda McFarlane presented the board with a preliminary overview of both the 1997/98 water and sewer enterprise funds. A public hearing will be held May 1 to provide an opportunity for public input. May 15 is the anticipated budget adoption date. Water and Wastewater Operations Committee: The committee met March 17 and discussed several items on this agenda. Minutes from the meeting are avail- able upon request. Director Jones noted the Operations Department's Summary of Operations for the year 1996 was perfect. There were zero errors, the Operations crew is to be congratulated. County Water Agency / EDWPA Committee: The committee met March 20. Legislative Fundin,q Ad Hoc Committee: Director Jones made several contacts with officials while he was in Washington D.C. attending the ACWA conference. The committee and staff will continue to encourage support for funding of the export pipeline project. Lahontan / SWRCB Communications Ad Hoc Committee: District staff disagrees with many issues contained in the Lahontan's proposed ACL's. The public hearing is sche- duled to be heard in Lake Arrowhead. Several members of the public expressed support for relocating the hearing to South Lake Tahoe. MILLICH DITCH/SNOWSHOE THOMPSON DITCH NO. 1 EMERGENCY (Continued) MEETING BREAK MEETING RESUMED WORKSHOP: 1997/98 BUDGET - SEWER AND WATER ENTERPRISE FUNDS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS ST057309 REGULAR BOARD MEETING MINUTES - MARCH 20, 1997 PAGE - 6 Director Strohm reported he will be absent from the next BOARD MEMBER REPORTS Regular Board Meeting. Director Wallace reported on two items: 1) There is a great demand for more motor home disposal facilities. 2) Attorney General Lungren is expected to attend a Chamber of Commerce luncheon in May. Director Mosbacher reported on two items: 1) She received confirmation from staff that District construction activities did not contribute to the drainage problem on Arapahoe. 2) She attended the annual Alpine County Contracts Commission meeting. The Board of Supervisors were very complimentary of the District. Topics of discussion included the duplication of monitoring tests performed on the District's effluent, and their satisfaction with the fish planting program. Chief Financial Officer: Rhonda McFarlane reported on two items: 1 ) She reported on the status of the first quarter of the District's new self-funded medical plan. These reports will be made every quarter. 2) FEMA inspectors have been assigned. Site inspec- tions were performed and are now working on disaster documents to secure funds. They determined that over- time and additional power costs caused by excessive pumping may be submitted for reimbursement. Assistant Manager/Engineer: Richard Solbrig reported on the status of all emergency projects: C-Line Emer.qency Proiect of Au,qust 8, 1996 - The pipe- lines are in operation. Paving has been done; restriping will be completed this week. The asphalt plug between the bridge deck and road required by CalTrans to mini- mize cracking will be installed soon. The old line has created a water fall in the river. After review by Lahontan, the line may be removed within the next two weeks, GENERAL MANAGER/STAFF REPORTS STATUS OF EMERGENCY PROJECTS ST057310 REGULAR BOARD MEETING MINUTES -MARCH 20, 1997 PAGE -7 Upper Truckee River Sewer Line Crossin.a Emer.qency. Proiect of January 16, 1997 - The pump station wet well and forcemain have been installed and are in operation. The manhole at the end of Ponderosa Ave. has been re- placed. The old sewer lines were cut loose. All temporary measures have been removed; most of the emergency work on this project has been done. The normal bidding process will be followed for the above ground pump station/storage basin. Paving will be done when the permanent pump station is complete. The old line will be removed from the river in late August when flows are Iow; the remainder of the line will be abandoned in place to avoid disturbance to the meadow. Tahoe Keys Force Main Upper Truckee River Crossing Emergency Proiect of February 6, 1997 - The pipeline was successfully pulled under the river. Piping tie-ins on both sides of the river are underway. The exposed cased section of line in the river was pigged to eliminate all waste- water. A decision will be made regarding what to do with the cased section pending discussions with CaITrans. This emergency project is anticipated to be completed by next week. A-Line Exposure at Elk's Club Emer,qency of February 6, 1997 - This emergency project is nearly complete. Tom Haen removed the temporary road from across the Conservancy's lot. The banks were restored using rip-rap, layers of special woven fabric, willows and backfill. 4:50 P.M. 5:02 P.M. STATUS OF EMERGENCY PROJECTS (Continued) MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board directed staff and legal counsel regarding this case. No Board action. Pursuant to Section 54956.9 of California Government Code, Conference with Legal Counsel: Liability Claim against STPUD received from Tahoe Chalet Inn ST057311 REGULAR BOARD MEETING MINUTES - MARCH 20, 1997 PAGE - 8 The Board directed staff and legal counsel regarding this case. No Board action. The Board directed staff and legal counsel regarding this item. No Board action. 6:50 P.M. Pursuant to Section 54956.9(a) of California Government Code, Conference with Legal Counsel: Exist- ing Litigation/STPUD v. Tahoe Trust of 8/9192, El Dorado Superior Court Case No. SV-0786 Pursuant to Section 54956.9(b)/Con- ference with Legal Counsel: Anticipated Litigation/Significant Exposure to Liti,qation (1 Case) ADJOURNMENT Christopher H. Strohm, President of Board South Tahoe Public Utility District ATTEST:~"~_%/-~,_/ ~--'A,/~ ~ Kathy Sharp/c,~le-'~-of Board J/ South Tahde/Public Utility District ST057312 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 J ADDRESS J PHONE # 'l ST057313