08-13-98 SpecialSOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Robert Baer Genera Manager Richard Solbrig, Assistant Manager
James Jones, President BOARD MEMBERS Christopher Strohm, Vice President
Duane Wallace, Director Mary Lou Mosbacher, Director Pembroke Gochnauer, Director
SPECIAL MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AUGUST 13, 1998
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in Special Session on August
13, 1998, 7:00 p.m., City Council Chambers, 1900 Lake Tahoe Blvd., South Lake Tahoe, California.
BOARD OF DIRECTORS:
President Jones, Directors Wallace, Mosbacher,
Gochnauer. Director Strohm was absent.
ROLL CALL
STAFF:
Baer, Solbrig, Sharp, Hydrick, Bergsohn, Forsythe,
Noble, Attorney Neese.
GUESTS: Ray Nutting/El Dorado County Board of
Supervisors - Water Agency, Andy Bourelle/Tahoe
Daily Tribune, Harold Singer/Lahontan RWQCB,
,Jim Baetge/TRPA, Suzanne Pearce/Nevada-Tahoe
and Tahoe Resource Conservation District, Scott
Bail/AGRA Earth and Environmental, Michael
McLaughlin/Feldman, Shaw, and Devore, Mary
Moline, Bill Crawford, J. Oaks, Carol Oaks, Joyce
Blackstone, Helen Amirkhg, Nick Carrell, Tim Fajen,
Garry Gray, Bruce Waiden, F. Burke, David Takasch,
David Maderis, ,Jodi Dayberry, John Dayberry, Genah
Murphy, Clive Harrison.
ST007175
SPECIAL BOARD MEETING MINUTES - AUGUST 13, 1998 PAGE - 2
ITEMS FOR BOARD ACTION
7:00 P.M. PUBLIC HEARING
Public Hearing notices were published in the
July 30 and August 5, 1998, Legal Notices
section of the Tahoe Daily Tribune.
CONSIDERATION REGARDING ADOPTION
OF RESOLUTION OF INTENTION TO DRAFT
A GROUNDWATER MANAGEMENT PLAN
PURSUANT TO THE GROUNDWATER
MANAGEMENT ACT (WATER CODE
SECTION 10750 ET SEQ.) FOR THE
PURPOSES OF IMPLEMENTING THE PLAN
AND ESTABLISHING A GROUNDWATER
MANAGEMENT PROGRAM
President Jones opened the Public Hearing at
7:00 P.M.
Bob Baer, Rick Hydrick, Ivo Bergsohn, and Attorney
Neese gave an oral and visual presentation that
included: the District's actions to ensure the safety
and reliability of South Lake Tahoe's current and
future drinking water supply; a summary of Ground-
water Management Plans (GMPs); the regulatory
authority for state, local government, and local
agencies; a history of the Groundwater Management
Act and AB 3030; management by local agencies
and procedural requirements to adopt and implement
a GMP; the components of a GMP; powers of a GMP
in and outside of the District's boundaries; recovery
of expenditures; implementation and enforcement;
potential rules and regulations; timing; funding; and
the costs associated with developing and administer-
ing a GMP.
Harold Sin.qer/Lahontan RWQCB reported the La-
hontan Board has not taken a position on the proposed
Resolution of Intent. He felt AB 3030 was devised
with the intent of preventing contamination of ground-
water by looking at the areas that contribute to the
water sources and dealing with land use issues within
those areas to minimize the chance that the problems
that are faced today won't occur in the future. He
suggested taking a hard look at this area if the District
plans to be involved with land use issues.
Open Hearing
Staff Report
Public Comments
ST007176
SPECIAL BOARD MEETING MINUTES -AUGUST 13, 1998 PAGE -3
Underground storage tank (UST) laws were es-
tablished above the state and federal level. A law
law that encompasses the entire nation and state
cannot address local issues. This bill would give
the District the ability to address some local issues,
and may provide "teeth" in the issue of regulating
UST (or anything else for that matter) that has more
of a statewide or federal perspective. The possibility
of getting involved to add to the existing regulatory
authorities that are more generic in nature could be
beneficial to this area.
From the perspective of corrective action, some
parties are cooperative, and some are not. The
more regulatory agencies that can come to bear on
those that are not responsive, makes those people
more responsive. If the District is prepared to assist
and work closely with Lahontan, the help is welcome,
and more can be done with the parties that are re-
sponsible, but who may not be taking that respon-
sibility seriously.
Mr. Singer answered questions from Board members
re: amounts of fines, and the fact that Lahontan is a
"sister" agency to CalEPA Air Resources Board.
Ray Nutting received clarification regarding: the re-
lationship between a well and its aquifer to adjacent
aquifers; and the use of a carbon filtration system to
filter out MTBE. He also stated that since MTBE is
an outside influence, under the AB 3030 plan, the
District may have legal opportunities to request that
it be removed from gasoline.
Nutting stated as a board member of the El Dorado
County Water Agency, he is outraged that the District
is faced with this dilemma and pledged his commit-
ment to help with this problem. He also identified
potential funding sources.
Bill Crawford received clarification regarding the
properties of MTBE (if it multiplies). He suggested
including a regulation that all storage tanks be in-
stalled above ground so leaks can be more readily
detected.
PUBLIC HEARING
(Public Comments continued)
ST007177
SPECIAL BOARD MEETING MINUTES - AUGUST 13, 1998 PAGE - 4
Crawford encouraged the Board to implement water
conservation measures during the winter, and
voiced his concerns that MTBE could be spread
through the snow making processes at Heavenly
Valley.
Michael McLaughlin voiced his concerns as counsel
for various landowners and station owners who will
be affected by the GMP and by the enforcement
provisions. The GMP is necessary, especially the
prevention provisions; however, the enforcement
provisions raises concerns about conflict (i.e., will
there be two enforcement orders and two cleanup
orders - one from Lahontan and another from the
District, and if they conflict, how does a landowner
or station owner deal with those conflicts?). He is
also concerned there may be some preemption
issues - if the state has authority to act, then local
agencies may not have the authority to act. Attorney
Neese responded to the concerns regarding pre-
emption issues; and stated coordination between
regulatory agencies to avoid conflicts will be
addressed.
Jim Baet.qe stated he felt a GMP is a good idea.
He suggested the District and Lahontan reach an
agreement on what each entity will do, so there are
no conflicts.
Director Mosbacher questioned how fines would be
used if they are assessed. Attorney Neese respond-
ed there are no prohibitions regarding how the fines
are used. It will depend on how the Board decides
to structure the program.
Director Mosbacher has been asked if the use of
MTBE ceases, the problem of cleaning it up will still
remain - does AB 3030 impose time limits to com-
plete the cleanup work? Attorney Neese responded
AB 3030 will remain in effect until repealed by the
legislature. It provides great flexibility and allows the
Board authority to impose cleanup time limits.
Director Mosbacher received clarification regarding
the possibility of issuing permits to new businesses,
and if the actions of private individuals could be
monitored.
PUBLIC HEARING
(Public Comments continued)
Board Member Comments
ST007178
SPECIAL BOARD MEETING MINUTES - AUGUST 13, 1998 PAGE - 5
Director Gochnauer stated the District is willing to
cooperate with local agencies in implementing a
GMP, but the District is dealing the community's
most precious resource and will do whatever it
takes to make it work.
PUBLIC HEARING
(Board Member Comments continued)
Director Wallace pointed out the many aspects
of the MTBE dilemma. The ultimate goal is to
remove MTBE from gasoline statewide; but it is
the District's responsibility to remove it from
South Lake Tahoe's water supplies.
Moved Wallace/Second GochnauedStrohm Absent/
Passed to adopt Resolution No. 2683-98, Intention
to draft a Groundwater Management Plan pursuant
to the Groundwater Management Act (Water Code
10750 et seq.). The Board of Directors, by this vote,
deem it advisable that it is in the best interest of this
District to draft a Groundwater Management Plan; that
the Board of Directors are hereby declaring their inten-
tions and that the General Manager is directed to take
any additional actions necessary and appropriate to
implement this Resolution; and that this Resolution
will take effect immediately.
Board Action
9:13 P.M.
ADJOURNMENT
R. Jones, Bqar(J President
S~th Tahoe Public~lity District
ATTEST:-,~,~~__.~.~ ~')~//O,,"z_.~ ~_,z~
Katky Shar .1~, ¢1~-~ of Board~
South Tah~(e~ublic Utility District
ST007179
AFFIDAVIT OF
PUBLIOATION
SOUTH TAHOE PUBLIC UTILITY
DISTRICT
ATTN: Linda Brown
1275 MEADOW CREST DRIVE
SOUTH LAKE TAHOE, CA 96150
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States
and a resident of the County
foresaid; I am over eighteen years,
and not a part to or interested in
the above entitled matter, I am the
principal clerk of the printer of the
Tahoe Daily Tribune, a newspaper
of general circulation, printed and
published Monday through Friday
in the City of South Lake Tahoe,
County of El Dorado, and which
newspaper has been adjudicated a
newspaper of general circulation
hy the Superior Court of the
.;ounty of El Dorado, State of
California under the date March 6,
1970, Case Number 18569, that
the notice of which the annexed is
a printed copy (set in type not
smaller than six (6) point), has
been published in each regular
and entire issue of said newspaper
and not in any supplemental
therefore on the following dates, to
wit:
Aug. 20,28,1998
I certify under penalty, that the
foregoing is true and correct.
Dated at South Lake Tahoe,
California this:
28th Day of August 1998
Sherri Moore- Lega/Clerk
AFFIDAVIT OF
PUBLICATION
SOUTH TAHOE PUBLIC UTILITY
DISTRICT
ATTN: Linda Brown
1275 MEADOW CREST DRIVE
SOUTH LAKE TAHOE, CA 96150
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States
and a resident of the County
foresaid; I am over eighteen years,
and not a part to or interested in
the above entitled matter, I am the
principal clerk of the printer'of the
Tahoe Daily Tribune, a newspaper
of general circulation, printed and
published Monday through Friday
in the City of South Lake Tahoe,
County of El Dorado, and which
newspaper has been adjudicated a
newspaper of general circulation
by the Superior Court of the
County of El Dorado, State of
California under the date March 6,
1970, Case Number 18569, that
the notice of which the annexed is
a printed copy (set in type not
smaller than six (6) point), has
been published in each regular
and entire issue of said newspaper
and not in any supplemental
therefore on the following dates, to
wit:
July 30, Aug. 5, 1998
I certify under penalty, that the
foregoing is true and correct.
Dated at South Lake Tahoe,
California this:
~'g r~M~r~- L~/a~'Clerk
.NOTICE IS HEREBY GIVEN
that the Board of Directors of
the South Tahoe Public Utility
Di~rict will'¢ot~uct a public
:hearll~l r~rdlflg the District's
lnte~ to edopt a Re~olutlon of
Int~ to Draft a
.Groundwater Managemerlt
,Plan pursuant to the
Groumlwater Management Act
~(Water Code section 10750 et
.seq.}. The District will conduct
· Bouleva~ ' !~uth Lmke[
Tahoe~ Callforntl, et 7~00/
p.m,, on Thumdey,~ Auguet~
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
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 ADO.ESS I PHONE
· ~f '4~ I ~