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10-01-98SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" James Jones, President BOARD MEMBERS Christopher H. Strohm, Vice President Duane Wallace, Director Mary Lou Mosbacher, Director Pembroke Gochnauer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 1, 1998 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session October 1, 1998, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Directors Strohm, Gochnauer. Wallace, Mosbacher, ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Rieger, Schrempp, Brown, Noble, Rondoni, Hussmann, Attorney Neese. GUESTS: Eddie Sanders, Robert Ward, Joyce Blackstone, Roy Hampson. Robert Ward (representing Alvin Chang, 3152 Pasadena Avenue, APN 26-0480-20) came before the Board to appeal Board action of August 20 that authorized water disconnection procedures at his client's property. This item was not agendized, the action of August 20 will remain in effect. Staff requested Consent Items No. 1 and 2 be removed, as the situations have been satisfactorily resolved. Consent Item No. 5 was brought forward for discussion prior to Board action. COMMENTS FROM THE AUDIENCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ST007152 REGULAR BOARD MEETING MINUTES - OCTOBER 1, 1998 PAGE - 2 Moved Mosbacher/Second Gochnauer/Passed Unanimously to approve the Consent Calendar, as amended: 3) Authorized implementation of the two-week sewer disconnection procedures on the property located at 3043 Argonaut, APN 26-091-15 for unreported sewer units; 4) Authorized renewal of contract with J & L Pro Kleen in the monthly amount of $2,600 for providing janitorial services; 6) A-Line Phase I1: Continuation Project -Approved Change Orders 6, 7 and 8 for Ford Construction Co. Inc., in the credited amount of $15,819.45; 7) Upper Truckee Bank Protection Near Airport - Authorized staff to advertise for bids; 8) Upper Truckee Bank Restoration Near South River Park Road - Authorized staff to advertise for bids. CONSENT CALENDAR CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION Mr. Sanders came before the Board to protest staff's recommendation to reject his claim. A report prepared by an independent insurance adjuster supported rejecting his liability claim. Mr. Sanders alleged that his property at 1420 June Way, suffered extensive damage caused by a leak in the Dis- trict's water line. Diane Noble and Mike Rondoni were present to answer questions from Board members. Moved Mosbacher/Second Strohm/Passed Unanimously to reject the claim. LIABILITY CLAIM: SANDERS (Consent Item No. 5) ITEMS FOR BOARD ACTION Due to a potential conflict of interest, Bob Baer disqualified himself from participation in this item. DISCONNECTION PROCEDURES: FAILURE TO REMOVED ADDED SEATING ST007153 REGULAR BOARD MEETING MINUTES - OCTOBER 1, 1998 PAGE - 3 The commercial tenant operating Rude Bros. Bagel & Coffee Haus has added additional seating beyond the plan approved number of seats. Staff instructed the property owner and tenant to remove the extra seating or purchase additional sewer capacity. The Planning/ Ordinance Committee has reviewed this matter. It was their recommendation to enforce District ordinances consistently. The Admin. Code related to restaurant seating will be reviewed during the sewer study being conducted this fall. Moved Strohm/Second Mosbacher/Wallace Voted No/ Passed to authorize implementation of the two-week disconnection procedures on the property located at 3117 Harrison Avenue, APN 26-086-07. Richard Solbrig reported that in order to determine SEZ impacts along the preferred pipeline alignment for the environmental documents, the ground level survey work needs to be done now, rather than wating until the design phase, as is usually the case. This task order provides the topographic survey data, in a useful form for both the environmental process and the future design of the pipeline. The Operations Committee recommended approval of this item. Moved Strohm/Second Wallace/Passed Unanimously to approve amendment to Task Order 47 for Carollo Engineers in the amount of $50,000. The interim hearing, scheduled for October 16, by the Water, Parks, and Wildlife Committee, was canceled. Staff will obtain an expert opinion regarding the extent of environmental damage that would be caused by a catastrophic fire versus the use of recycled water for fire protection. No Board action. Moved Strohm/Second Gochnauer/Passed Unanimously to approve payment in the amount of $1,205,410.22. DISCONNECTION PROCEDURES: FAILURE TO REMOVED ADDED SEATING (continued) EXPORT B-LINE REPLACEMENT: PHASE III UPDATE REGARDING AB 2444: FIRE PROTECTION LEGISLATION PAYMENT OF CLAIMS ST007154 REGULAR BOARD MEETING MINUTES -OCTOBER 1, 1998 PAGE -4 Water and Wastewater Operations Committee: The committee met September 28. They also toured the Gardner Mountain tank construction site. Minutes of the meeting are available upon request. Planning/Ordinance Committee: The committee met September 24 regarding the Ordinance Codification project. They reviewed the section of the Admin. Code pertaining to restaurant seating and discussed the additional seating at Rude Bros. Bagel & Coffee House. The consultant, who is preparing the upcoming sewer study, will make a presentation to the Board at the October 15 regular Board meeting. The draft of the sewer study is expected by mid-December. County Water Agency / EDWPA / LAFCO Committee: The County Water Agency included additional money in their budget for the District's water quality assurance program. Legislative Funding Ad Hoc Committee: The committee met with representatives from Holland & Knight to deter- mine how to address the funding problems the District is experiencing with EPA. Director Mosbacher reported on a news story regarding the use of MTBE in gasoline for the Lake Tahoe area. Roy Hampson offered his insight with regards to applying pressure on the oil companies to use another oxygenate than MTBE in gasoline. Director Gochnauer reported on the issue of rezoning properties for commercial use. TRPA APC is considering this issue and will make a recommendation to the their Governing Board for action. The City Council would like to declare South Lake Tahoe a MTBE free city. Their decision depends upon if there are reliable alternative supplies available. (At this point in the meeting, Mike Rondoni returned with sampfing results from 1420 June Way [Consent Item No. 5]. The results are available at the District office.) BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER STANDING COMMITTEE REPORTS (continued) BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS COMMENTS FROM THE AUDIENCE BOARD MEMBER REPORTS STAFF REPORTS ST007155 REGULAR BOARD MEETING MINUTES -OCTOBER 1, 1998 PAGE -5 Director Wallace reported that Assemblyman Oiler will be at the SLT Chamber of Commerce at 2:30 p.m., October 5. BOARD MEMBER REPORTS President Jones reported on three items: 1) He participated in an interview with Jim Baetge (TRPA) and Channel 2 regarding MTBE at Lake Tahoe. 2) He attended an ACWA Safe Drinking Water subcom- mittee meeting on September 29. ACWA is requesting submissions for inclusion in 1999 legislation. BOARD MEMBER REPORTS (continued) 3) The Governor's panel has determined most leaking underground fuel tanks leak because of human error. Inspectors are not required to be certified. General Manager: Baer reported on three items: STAFF REPORTS 1) ACWA contacted the District re: 1999 legislative issues. The District would like to see the following items included: strict liability for groundwater polluters, an amendment to AB 3030 to include the ability to assess fines, and that every gas station should have monitoring wells installed. 2) MTBE was discovered in a well owned by Lukins Brothers Water Company, located behind the Swiss Mart service station. 3) The City Council will consider banning MTBE in South Lake Tahoe at their meeting on October 6. Richard Solbrig reported on the status of the emergency projects: STATUS OF EMERGENCY PROJECTS Millich Ditch/Snowshoe Thompson Ditch No. 1 Emergen- cy Proiect of March 20, 1997 - G. B. Construction has com- pleted their work. A final inspection has been performed. Resource Concepts has presented their final submittal for project closeout. This project has been completed, any further work will be subject to the formal bidding processes. Tertiary Buildin.q Fire Emergency of February 5, 1998 - All reimbursement requests have been submitted to the ST007156 REGULAR BOARD MEETING MINUTES -OCTOBER 1, 1998 PAGE -6 insurance company for a total of $391,168.80, less the $25,000 deductible. This project has been completed, any further work will be subject to the formal bidding processes. Upper Truckee River Sewer Line and Original A-Line Crossing Emer.qency of 8/20/98 - Lahontan's board will be voting on issuance of an emergency project permit at their meeting tonight. C. B. Ebright has completed the temporary repairs. The rock material needed for the permanent repair has been obtained. Permanent repair work will begin October 5, under the supervision of North- west Hydraulic Consultants, Inc. Arrowhead Replacement Well Emergency of 8/20/98 - The project is proceeding. Well No. 1 has been abandoned and filled. Sediments from the bottom of well No. 2 have been air lifted out. The drill rig is on site and will begin drilling soon. Sound panels will be installed. A discharge line has been installed into the meadow in the Caltrans right-of-way. Gardner Mountain Replacement Well Emergency of 9/17/98 - Results of electromagnetic testing confirms information from a previous soils report that there is bedrock shelf underlying the northern end of that area, until it reaches Hwy. 89. Of the areas tested, it was determined that the best area to drill in is located across Hwy. 89, towards Camp Richardson, from the end of the development area, near the pump station. A letter will be sent to the USFS with that information. Staff will also explore the availability of using private lots along Hwy. 89, but it doesn't seem likely because they are immediately up- gradient from Lukins Brothers Water Company's well. Staff met with Mr. Lukins to discuss those findings. Additionally, the new MTBE plume limits which locations are feasible. The USFS needs the previously mentioned justifications for the permitting process, in order to allow drilling on their pro- perty along Hwy. 89. Zim Industries is the drilling subcon- tractor for Haen Construction Company. Baer added that Ivo Bergsohn is in contact with the State Board regarding the District's funding request. Staff was initially promised a two day turn-around; it has been nearly two weeks and still no funding has been received. STATUS OF EMERGENCY PROJECTS (continued) STO07157 REGULAR BOARD MEETING MINUTES - OCTOBER 1, 1998 PAGE - 7 District General Counsel: Attorney Neese reported on two items: STAFF REPORTS 1) The County Water Agency has drafted a letter to the Attorney General requesting his opinion regarding ad valorem taxes and the utilization of those funds for zones of benefit. 2) The Groundwater Management Plan is being coordinat- ed by the District's hydrogeolgist. A flow chad that outlines operations for detections of releases, interim remediation, and assessment and evaluation will be developed. From that flow chart, Neese will create an ordinance that includes those concepts. 4:15 P.M. 4:20 P.M. 5:55 P.M. MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board unanimously approved compensation, in accordance with Ordinance No. 463. No report. No Board action. Legal counsel and staff updated the Board and received direction regarding this item. No Board action. Pursuant to Section 54957.6 of California Government Code/ Public Employee Performance Evaluation for Unrepresented Employee: General Manaqer Position 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 549569(b) of California Government Code/ Conference with Legal Counsel Anticipated Liti.qation {two cases) ST007158 REGULAR BOARD MEETING MINUTES - OCTOBER 1, 1998 PAGE - 8 Staff updated the Board regarding this item. No Board action. 6:00 P.M. Pursuant to Section 54957/of California Government Code/ Personnel: Specialized Legal Services Provider ADJOURNMENT James R. Jones, Board President South Tahoe Public Utility District ATT E S T=.'=:~.~,,/'-~.. Kathy Shar/p'~/~le-'~ (~f the Bo~'rd South Tal-foe'Public Utility District ST007159 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.