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09-17-98SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General James Jones, President er BOARD MEMBERS Richard ler Christopher Strohm, Vice President Duane Wallace, Director Mary Lou Mosbacher, Director Pembroke Gochnauer, Director 13 -~1'11~ ............... r l'lirin mi'i1] " 11111" ~'"' REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT SEPTEMBER 17, 1998 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session September 17, 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, Noble, Bird, Hussmann, McFarlane, Forsythe, Hoggatt, Garcia, Rieger, Hydrick, Bergsohn, Attorney Neese GUESTS: Allen Hirsch, Kurt Karperos, and Dean Simeroth/Calif- ornia Air Resources Board; Kerry Miller/City Manager for City of South Lake Tahoe; Judy Brown/City Council Liaison, Andy Bourelle/Tahoe Daily Tribune, Joyce Blackstone/Tahoe Resource Conservation District; Susan Brooks and Deborah Babineau/BB & H Benefit Designs, John Paul Kiel/Tahoe Regional Planning Agency, Roy Hampson Director Jones gave a brief overview of the impact MTBE has had on District water supplies and asked that the California Air Resources Board (CARB) explain what PRESENTATION: CALIFORNIA AIR RESOURCES CONTROL BOARD ST007160 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17~ 1998 PAGE - 2 MTBE is and why it is in our gasoline. Kurt Karperos, Chief of Intergovernmental Affairs at CAP, B, gave an explanation of the CARB responsibilities and a sum- mary of the position that CARB is taking on the MTBE issue. Dean Simeroth, Chief of the Criteria Pollution Branch at CARB, gave an overhead presentation entit- led California's Cleaner-Burning Gasoline and MTBE, which included the following components: background, emission benefits, role of oxygenates in California, MTBE research and studies, and recent MTBE legis- lation. (A copy of the presentation is available at the District office). The Board received clarification from the CARB staff regarding questions and concerns in relation to the use of MTBE in gasoline. CARB responded to inquiries and concerns from the following: Judy Brown, John Paul Kiel, Dawn Forsythe, Roy Hampson, Tim Rieger, and Joyce Blackstone. A list of questions, prepared by District staff, were sub- mitted to the CARB staff for response. These ques- tions, along with questions presented by the audience during the comment period, will be responded to in writ- ing by CARB staff. Roy Hampson made a recommendation for policy re- garding the District's relationship with the Lahontan Re- gional Water Quality Board. Moved GochnauedSecond Wallace/Passed Unanimously to approve the Consent Calendar, as submitted: 1) Authorized implementation of the two-week disconnec- tion procedures for delinquent sewer and/or water ac- counts; 2) Approved consolidation of management and union em- ployee life insurance program under a single carrier, Canada Life; 3) Employee Benefits Plan: Summary Plan Description - Approved plan language changes to comply with recent federal legislation; PRESENTATION: CALIFORNIA AIR RESOURCES CONTROL BOARD (continued) COMMENTS FROM THE AUDIENCE CONSENT CALENDAR ST007161 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17~ 1998 PAGE - 3 4) Comprehensive Sewer Rate Study: Authorized accep- tance of proposal by Economic and Engineering, Inc. in an amount not to exceed $29,775 plus expenses; 5) Approved Regular Board Meeting Minutes of August 6, 1998. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION Rick Hydrick reported that there is only one well, Clement Well, in the Gardner Mountain area that has not been closed because of MTBE contamination. A total of 78% of the Gardner Mountain zone is not usable because of significant levels of MTBE. Tata Lane Wells No. 1, 2, and 3 have been lost, which are a critical backup sup- ply in the main zone. Tata Lane Wells No. 1, 2, and 3 reside in a subzone of the main zone, called the Airport Zone. The District has lost 58% of the water supply in the Airport Zone, which runs from Longs and Carrow's to the Gardner Mountain Zone. This zone is run indepen- dent of the Gardner Mountain Zone. Because of this drastic loss in water production ability, staff is proposing this project so that: 1) the lost water supply from the Gard- ner Mountain Zone can be recovered, and 2) a pressure re- ducing valve station could be provided, for the interim, to provide water for the Airport Zone. Staff requested the Board adopt emergency measures because the District needs to have this well on line before the high summer demand occurs next year, around the early part of June, 1999. Costs associated with this project will be eligible for Kuehl bill funding. Jim Hoggatt, Construction Manager, discussed the pro- ject schedule. He explained that the urgency for drilling this well is due to the very tight schedule necessary to have the well in place and ready to be utilized by mid- June of 1999, when water supply demands are high. He explained that the necessary equipment cannot be ordered until a well is drilled and the production rate is known. It is also necessary to design a pipeline to tie in to the main system. Most of the equipment (pump, emergency genera- tor, etc.) are not stock items and have to be pre-purchas- ed well in advance for a timely delivery. A well building also has to be designed and constructed, as well as the necessary plans and permits obtained. None of the GARDNER MOUNTAIN REPLACEMENT WATER SUPPLY EMERGENCY ST007162 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1998 PAGE -4 aforementioned can be started until a production rate for the well can be determined. Hoggatt explained that permission has been granted from the USFS to conduct a geo-physical survey on their prop- perty. This survey, which will indicate the depth of the aquifer, is being conducted in the area of Clement Street down to Highway 89, the anticipated site of the new well. This site will allow connection to the north end of the Gard- ner Mountain Water Zone, without necessitating a substan- tial pipeline project. The cost estimate for the whole pro- ject is $600,000. Attorney Neese presented the legal requirements ne- cessary to declare this an emergency item. Along with Hydrick and Hoggatt, it was determined an emergency exists, per the framework contained in Resolution No. 2686-98. Moved Gochnauer/Second Strohm/Passed Unanimously to adopt Resolution No. 2686-98/Declaring an Emergen- cy, Authorizing Contracts Without Bids, Delegating Auth- ority to Order Emergency Action and Determining CEQA Exemption. Hal Bird explained that work for this project can only be done in the fall and winter months, because irrigation starts in the summer months. This project encompasses the Diamond Ditch Irrigation System. Bird outlined the history of the ditch and stated that although a major por- tion of the ditch has been repaired, there are a number of sections still in need of repair. Director Mosbacher noted her appreciation of the posi- tive feedback and interaction that is occurring because of Bird's efforts in his capacity of Land Application Man- ager of Alpine County. Moved Mosbacher/Second Gochnauer/Passed Unani- mously to award bid to lowest responsive, responsible bidder, Ford Construction, in the amount of $316,486. Diane Noble explained that the current Administrative Code does not allow for the additional seating that has been added at this restaurant. It was the consensus of GARDNER MOUNTAIN REPLACEMENT WATER SUPPLY EMERGENCY (continued) 1998 DIAMOND DITCH IRRIGATION SYSTEM REPAIR DISCONNECTION PROCEDURES: FAILURE TO REMOVE ADDED SEATING ST007163 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17~ 1998 PAGE - 5 the Board to bring this item back as part of the next Regular Board meeting, after the Planning/Ordinance Committee has reviewed this issue on September 24. No Board action. Moved Strohm/Second Wallace/Passed Unanimously to approve payment in the amount of $673,858.24. 4:30 P.M. 4:40 P.M. (Note: Directors Strohm and Wallace left the meeting at this point to participate in other District business.) Roy Hampson outlined the way appointments work for the Lahontan Regional Water Quality Control Board. Executive Committee: Met on September 16 to review the self-funded medical insurance program. The con- sultants for this program, BB&H, gave an overview of how the program works over a period of several years and made several recommendations on how it can be streamlined. Water and Wastewater Operations Committee: The committee met on September 14 and discussed items on the agenda. The minutes from the meeting are avail- able for review at the District office. Planning and Ordinance Committee: The committee is scheduled to meet on September 24 regarding the update and consolidation of District ordinances. County Water Agency / EDWPA / LAFCO Committee: The El Dorado County Water Agency (EDCWA) met on September 14, 1998. The EDCWA Board discussed: governance, roles and functions; development of a 50 year water plan (pertaining to the west slope); and the budget for the upcoming fiscal year. The EDCWA will be meeting in So. Lake Tahoe on September 22 and will discuss the District's funding request further. DISCONNECTION PROCEDURES: FAILURE TO REMOVE ADDED SEATING (continued) PAYMENT OF CLAIMS MEETING BREAK MEETING RESUMED BOARD MEMBER STANDING COMMITTEE REPORTS ST007164 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1998 PAGE - 6 Legislative Funding Ad Hoc Committee: Diligent efforts are still being made for a favorable response to the Dis- trict's deviation request. Congressman Doolittle is meet- ing with Congressman Lewis regarding the new grant request on September 18. Staff has set November 1 as the date that confirmation for funding must be re- ceived from the US EPA in order to go forward with the continuation of the export pipeline project next year. Rich Gold, Holland and Knight, relayed that it was prob- able that a compromise would be made by the US EPA staff for the previously expended amount. BOARD MEMBER Ad HOC COMMITTEE REPORTS Water Quality Task Force: The committee met on Sep- tember 17 to meet with the California Air Resources Board staff for an question and answer period prior to their presentation at the Regular Board meeting on September 17. Director Mosbacher reported on her attendance at the Alpine County Board of Supervisors meeting on September 15. BOARD MEMBER REPORTS Director Gochnauer reported that it is likely that the Redevelopment Project will have a construction sea- son next year. The Plan for Phase III will come before the TRPA Board in October. President Jones reported that he attended a Gover- nor's Advisory Committee meeting on September 15. He will also be attending an ACWA Water Quality meeting on September 29 in the Bay Area. Richard Solbrig reported on the status of the emergency projects: STATUS OF EMERGENCY PROJECTS Millich Ditch/Snowshoe Thompson Ditch No. 1 Emergen- cy Project of March 20, 1997 - The final inspection will be held on September 23, 1998. Tertiary Building Fire Emergency of February 5, 1998 - The District is awaiting reimbursement from the insurance company. Upper Truckee River Sewer Line and Original A-Line Crossing Emergency of August 20, 1998 - Two design options have been received to protect the two lines. These options have been sent to TRPA and Lahontan REGULAR BOARD MEETING MINUTES - SEPTEMBER t7~ 1998 PAGE - 7 for review. A meeting is scheduled the week of Sep- tember 21 to select one of the design options. The cost estimates for the two design options range from $25,000 to $50,000. Arrowhead Replacement Well Emergency of August 20, 1998 - The contractor, Thomas Haen, has inform- ed staff that the well driller is mobilizing to the site on September 21, pursuant to his insurance documents being in order. 4:55 P.M. 5:10 P.M. STATUS OF EMERGENCY PROJECTS (continued) ADJOURNMENT TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel updated the Board on the status of this case. No Board action. 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 The Board directed legal counsel and staff regarding this item. No Board action. Pursuant to Section 54956.9(b) of California Government Code/ Conference with Legal Counsel - Anticipated Litigation (two cases) Staff updated the Board on this item. No Board action. Pursuant to Section 54957 of California Government Code/Personnel: Spec- ialized Legal Services Provider This item was not discussed. No Board action. Pursuant to Section 54957.6(a)/Public Employee Performance Evaluation, Unrepresented Employee Position: General Manager ST007]66 REGULAR BOARD MEETING MINUTES - SEPTEMBER 17, 1998 PAGE - 8 5:15 P.M. ADJOURNMENT James R. Jones, Board President South Tahoe Public Utility District Kathy Sharp, Clerk of the Board South Tahoe Public Utility District By: Melanie Minister, Deputy Clerk ST007167 DATE: REGULAR BOARD OF DIRECTORS MEETING Ct ;T SIGN-IN SHEET ~ANCE WITH THE BROWN ACT: ORMATION IS VOLUNTARY, NOT MANDATORY, :~RECONDITION FOR ATTENDANCE.