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07-16-98SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General Manager Richard Solbrig, Assistant Manager James Jones, President BOARD MEMBERS Christopher Strohm, Vice President Duane Wallace, Director Max Lou Mosbacher Director Pembroke Gochnauer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JULY '16, '1998 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session July 16, 1998, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Jones, Directors Strohm, Wallace, Mosbacher, Gochnauer STAFF: Baer, Solbrig, Minister, McFarlane, Forsythe, Brown, Noble, Frye, Schroeder, Garcia, Schrempp, Rieger, Hydrick, Bergsohn, Attorney Neese. GUESTS: Alvin Chang, Marcelo Caro, Robert Ward, Brian Bose/Tribune, Bob Hedley, Doug Ross, Connie Ross, Judy Cefalu Consent Item No. I was brought forward for discussion prior to Board action. (Consent Item No. 1 and the Re- quest to Appear Item were heard together). CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Staff requested Consent Items No. 3, 4, 5, 6, and 7 be removed, as the situations have been satisfactorily resolved. Moved Strohm/Second Mosbacher/Passed Unanimously to approve the Consent Calendar, as amended: CONSENT CALENDAR ST007187 REGULAR BOARD MEETING MINUTES - JULY 16, 1998 PAGE - 2 2) 8) 9) 10) 11) 12) 13) 14) 15) Authorized implementation of the two-week discon- nection procedures for delinquent sewer and/or water accounts; CONSENT CALENDAR (continued) Authorized implementation of the two-week water and/or sewer disconnection procedures for failure to maintain grease interceptor on the property located at 1606 Shop Street, APN 32-313-21; Dressier On-Farm Road Repair - A) Approved Closeout Agreement and Release of Claims; and B) Authorized Staff to File a Notice of Completion with the Alpine County Clerk; Unpaid Assessments - Adopted Resolution No. 2680-98, authorizing delinquent accounts be added to the 1997-98 County Tax Assessor's Roll; Cold Creek Erosion Control and SEZ Restoration - Authorized scope of work by Harland Bartholomew and Associates to perform project's design and permitting process in the amount of $26,189; A-Line Replacement: Phase II- Approved amend- ment for Special Use Permit Authorization with the USFS for the District's A-Line parallel to Highway 89; Repave Lower Shop Area - Approved Task Order for G. S. Concepts to produce biddable plans and specifications for project in the amount of $5,400; Revolving Line of Credit (Grant Anticipation Notes) - Adopted Resolution No. 2679-98, superseding Resolution No. 2674-98 in its entirety; Approved Regular Board Meeting Minutes: May 21, 1998. ITEMS FOR BOARD ACTION Ken Schroeder stated that these bids are associated with the water line replacement project and will cover paving needs for this construction season. PAVINGS BIDS ST007188 REGULAR BOARD MEETING MINUTES - JULY 16, 1998 PAGE - 3 Moved Strohm/Second Gochnauer/Passed Unanimously to: A) Award bid for asphalt patch paving contract to lowest responsive, responsible bidder, G. B. Construction, in the amount of $39,534.40; and B) Award bid for as- halt trench paving to the lowest responsive, responsible bidder, Pedersen Underground, in the amount of $40,330.30. PAVINGS BIDS (continued) Moved Strohm/Second Gochnauer/Passed Unanimously to adopt Resolution No. 2681-98 requesting Governor Pete Wilson protect drinking water supplies by prohi- biting the use of MTBE in gasoline. RESOLUTION REQUESTING GUBERNATORIAL ACTION TO REMOVE MTBE FROM GASOLINE IN THE LAKE TAHOE BASIN CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION Consent Item No. I and the Request to Appear Before the Board item were heard simultaneously. Alvin Chang came before the Board to express his belief that he should not bear the burden and cost of the disconnec- tion ofthe water line serving his neighbor (at 937 San Jose) because he is legally connected to the District. The illegal connection to his property (that also runs through his property) was not disclosed as part of es- crow proceedings and he did not know that there was a problem at the time he purchased the property. He also voiced his concern regarding legal repercussions if he turns off the water service to his neighbor. REQUEST TO APPEAR BEFORE THE BOARD: Alvin Chang, 3152 Pasadena Avenue, APN 26-048-20; and Water Disconnection Procedures: Failure to Disconnect Illegal Water Service (Consent Item No. 1) Inspector Greg Schrempp explained that there is one water line that provides service to two properties, both under separate ownership, and is a violation of the District Administrative Code. If water is shut off to the properly connected property (located at 3152 Pasadena Ave.), water service to the 937 San Jose property (which is in violation of the District Administrative Code), would also be disconnected. This dual service was discovered when District staff shut off the water on the property at 3152 Pasadena. In order for the property at 937 San Jose to be in compliance with the District Administrative Code, the property owner would be charged for time and materials to install a new service, but not for new conn- nection fees (the 937 San Jose property is already a wa- ter customer). The estimated cost for the District to sad- dle the line to the property line is $1,500. ST007189 REGULAR BOARD MEETING MINUTES - July 16, 1998 PAGE - 4 Attorney Neese clarified that there are two violations: 1) The property located at 937 San Jose is not in com- pliance with the District Ordinance regarding have its own water service connection to the District; and 2) The property located on 3152 Pasadena needs to conform to the District Ordinance that each parcel must have its own connection. Robert Ward, agent for Mr. Chang, expressed his con- cern with: the problem of a private individual cutting off water to another person's property, Mr. Chang incurr- ing expenses that are not his to bear, and the legal situ- ation that Mr. Chang will be placed in if he is told to sever water service to the 937 San Jose property. Questions and concerns from the Board were clarified by staff. Mr. Caro, owner of the property located at 937 San Jose, stated that he was also unaware of the problem when he purchased the property at 937 San Jose. He only be- came aware that he was connected to the water service through the 3152 Pasadena property when the water turnoff was done. It was the consensus of the Board that if staff could work out a payment plan with Mr. Caro, that the disconnection time period could be extended to August 20, 1998. Moved Strohm/Second Wallace/Passed Unanimously to A) Authorize disconnection to the property located at 3152 Pasadena, APN 26-048-20, on August 20, 1998; and B) Notify the owner of the property located at 937 San Jose, APN 26-048-21, that staff will seek Board authorization to disconnect water service to this property at the next Regular Board meeting on August 6, 1998, with a disconnection date of August 20, 1998. Moved Gochnauer/Second Strohm/Passed Unanimously to approve payment in the amount of $2,537,866.18 Diane Noble gave a brief overview of the needs that lead to the request for this study to be done: the Dis- trict's overall connection fee and service charges rate structure has not been analyzed for many years; some policies are written, and some are simply understood; and, the need to review rates on an annual basis. She outlined that the purpose of this study is to evaluate REQUEST TO APPEAR BEFORE THE BOARD: Alvin Chang, 3152 Pasadena Avenue, APN 26-048-20; and Water Disconnection Procedures: Failure to Disconnect Illegal Water Service (Consent Item No. 1) PAYMENT OF CLAIMS SEWER COST-OF-SERVICE AND RATE STUDY DESIGN STUDY: SYSTEM DEVELOPMENT/ CONNECTION FEE CHARGE ANALYSIS ST007190 REGULAR BOARD MEETING MINUTES - JULY 16~ 1998 PAGE - 5 the current customer classes and develop rate struc- ture recommendations that reflect the actual costs of new sewer capacity and services to all customers. Included in this study will be issues raised in the com- munity workshop and focus group meetings held last winter. Noble then gave an overhead presentation of the actual components of the study (A copy of the pre- sentation is available at the District office). Comments were received from Bob Hedley and Connie Ross, and clarified by staff. Moved Gochnauer/Second Strohm/Passed Unanimously to authorize staff to solicit request for proposals. Finance Committee: The committee met July 16 and re- ported the following: US. Bank will fund the interim financ- ing for the export pipeline replacement project by July 30, 1998, and the U.S. EPA gave a verbal okay on the devia- tion request. Water and Wastewater Operations Committee: The committee met July 13, 1998 and discussed several items on this agenda. The committee will tour some Dis- trict facilities next week. Minutes from the meeting are available upon request. Planning and Ordinance Committee: The committee is scheduled to meet on July 23, 1998, regarding the up- date and consolidation of District ordinances. County Water Agency/EDWPNLAFCO Committee: The El Dorado County Water Agency (EDCWA) met on July 14, 1998. The EDCWA Board approved financing of Phase 2 of the Rare Plant Preserve. Instead of the pro- posed $500,000 amount being approved, the Board appropriated approximately $1.1 million for the Phase 2 funding. Legislative Funding Ad Hoc Committee: The appropria- tion request for the 1999 export pipeline replacement project is proceeding through the House of Represen- tatives. The $5 million funding request is continuing to be considered. SEWER COST-OF-SERVICE AND RATE STUDY DESIGN STUDY: SYSTEM DEVELOPMENT/ CONNECTION FEE CHARGE ANALYSIS (continued) BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS ST007191 REGULAR BOARD MEETING MINUTES - JULY 16~ 1998 PAGE - 6 Water Quality Task Force: On Thursday, July 16, 1998 District staff and Board members met with Lahontan representatives to discuss MTBE issues. Director Mosbacher read into the record a note of ap- appreciation from Grass Lake Road residents regarding the treatment plant and Alpine County tour. (This letter is available upon request at the District office). She also reported incidences of negligent flagging that oc- curred on the export pipeline replacement project on Highway 89 and Grass Lake Road. Director Gochnauer reported on the meeting between District staff and the Tahoe Conservancy regarding looking for new water resources. The Tahoe Keys Property Owners Association approached him regard- ing granting access to lots on Colorado Court for use of the aquifer in return for supplying their customers on Colorado Court with water service. Director Strohm reported the he visited with the staff at the Santa Clara Valley Water District regarding their MTBE program. He also reported that the South Lake Tahoe Chamber of Commerce has endorsed the Dis- trict's MTBE Free program. Director Jones reported his attendance at the July 15, 1998 ACWA Safe Drinking Water Subcommittee meet- ing held at the LaVerne Laboratory in Southern Califor- nia. Legislative updates and clean water issues were topics of discussion. General Manager: Bob Baer reported on six items: 1) News broadcasts will be/have been aired on Bay Area station KTVU on July 15 and 16, 1998, entitled "Politics of MTBE" and that Chris Strohm and Jim Jones, District Directors, and he were interviewed for these broadcasts; 2) District staff members, under the leadership of Cap- tain Hoggatt, manned an aide station at Picketts Junc- tion for the Death Ride on July 11, 1998; 3) A Water Quality Assurance Program Staff meeting was held on July 15, 1998 for the purpose of develop- ing short and long-term strategies for the assurance of an adequate water supply; 4) He will attend the one-year Presidential Summit anni- versary workshop, hosted by Senator Harry Reid, to be BOARD MEMBER AD HOC COMMITTEE REPORTS (continued) BOARD MEMBER REPORTS STAFF REPORTS ST007192 REGULAR BOARD MEETING MINUTES - JULY 16, 1998 PAGE - 7 held at Heavenly Valley on July 18, 1998; 5) He will meet with Jane Freeman, Tahoe representa- tive for U.S. EPA Region IX, on July 17, 1998 to brief her on the MTBE contamination issues facing the Dis- trict; 6) He and Chris Strohm, as well as other interested Board members, will be attending the State Water Resources Control Board meeting in Sacramento on July 23. District Information Officer: Dawn Forsythe reported on four items: 1) The balance of the Helping Hands Outreach Program is now $1,600; 2) Bay Area news station KTVU has/will air news broad- casts describing what is happening in South Lake Tahoe regarding MTBE. District staff has have been very busy answering phones from concerned callers regarding the news coverage; 3) The MTBE Free campaign will be run in the Tahoe Daily Tribune listing all MTBE associated agencies and their responsibilities; 4) She's preparing a five minute presentation to take on the road regarding MTBE. Chief Financial Officer: Rhonda McFarlane reported that the 1997-98 fiscal year-end process has begun. All Board members and staff have received the 1998-99 budget books. Richard Solbrig reported on the status of the emergency projects: Tertiary Building Fire Emergency of February 5, 1998 - A request for payment for repairs to the building, in the amount of $355,000, has been submitted to the insur- ance company, along with all pertinent information. Millich Ditch/Snowshoe Thompson Ditch No. 1 Emergen- cy Project of March 20, 1997 - G. B. Construction is work- ing on the job site and has cleaned out the entire length of the ditch. The contractor is bringing in materials for the job and is one-third of the way through this process. The approximate revised price for the Ditch repair is $260,000. Lahontan is satisfied with the job as it is progressing. The Congdon Easement Agreement has not yet been signed, STAFF REPORTS (continued) STATUS OF EMERGENCY PROJECTS ST007193 REGULAR BOARD MEETING MINUTES - JULY 16, 1998 PAGE - 8 but GB Construction has been granted verbal permission to access the site to build the concrete bypass structure. A time extension will be required from FEMA to finish the job. 4:10 P.M. 4:20 P.M. 5:25 P.M. STATUS OF EMERGENCY PROJECTS (continued) MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel and staff updated the Board on the status of this case. No Board action. The Board unanimously voted to direct legal counsel to negotiate an extension to the tolling agreement. 5:30 P.M. Pursuant to Section 54956.9(a) of California Government Code/Con- ference with Legal Counsel Existing Litigation: Schwake v. STPUD, Federal Case No. CV-N-93-851-DWH Pursuant to Section 54956.9(b) of California Government Code/ Conference with Legal Counsel - Anticipated Litigation (seven cases) ADJOURNMENT K~thy Sharp,~erk o{ the- Boa~! - South Taho(p~Public Utility District ST007194 Mr. Richard P.O. Box 11.t34 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 ADDRESS PHONE #